EnterWare (also known as EnterWare Ltd, EnterWare and (www.)enteware.co.uk) ("The Company") assumes all Clients/Customers (the person purchasing and/or using the services provided by EnterWare and all its affiliates) have read the Terms of Service and Acceptable Use Policy before signing up (purchasing) any services, plans, products, agreements or items that EnterWare offers.
1. General Notes
1.1 - By signing up for, holding an account with or using any account/service/product or agreement provided by EnterWare the Client agrees to abide by and be bound by all points in these Terms of Service and Acceptable Use Policy as detailed below.
1.2 - EnterWare reserve the right to change any point of these Terms of Service and Acceptable Use Policy at any time, reasonable attempts will be made to inform any current Client of changes (through our Forums).
1.3 - Failure to comply with any point/section or part of these Terms of Service and Acceptable Use Policy will result in appropriate action, as seen fit by EnterWare and at the sole discretion of EnterWare.
1.4 - EnterWare, EnterWare staff, employees, associates, representatives and/or affiliates cannot be held responsible in any way for any damages incurred by any person or group in result of an action taken by either EnterWare (this covers Staff, employees, members, associates, representatives and affiliates) and/or a EnterWare Client or Illegal User (hacker, illegally obtained account). Also any damages, losses, fees, liabilities, expenses incurred by any person or group due to the use (or misuse) of any part of any service, agreement or product offered by EnterWare or one of its affiliates will in no way be the responsibility/concern of EnterWare or any member of its staff (including but not limited to employees, members, associates, representatives and affiliates).
2. Accounts and Domains
2.1 - By signing up for, holding an account with or using any account/service/product or agreement provided by EnterWare the Client agrees to indemnify EnterWare and all its affiliates, representatives, staff, members and associates from any costs (be they legal, emotional, monetary or other) that arise from the participation of a Client in any EnterWare service, product or agreement.
2.2 - EnterWare reserve the right to refuse any service offered to any Client and/or website at their sole discretion.
2.3 - EnterWare reserve the right to suspend and/or terminate any Client/Customer account at will and at their sole discretion.
2.4 - Domain names registered to Clients/companys by us, free of charge to said Client/company remain the property of EnterWare Ltd for 6 calendar months from initial registration. After this time the domain becomes the legal property of the Client/company it was registered on behalf of as long as the Client/company still hold a valid contract with us. If the Client/company wishes to transfer a domain before the 6 months has passed a charge of £15 will be levied per domain. The free domain offer only applies to the first year of registration, after this period the Client will be charged our usual rates to keep the domain registered. The free domain offer applies only to the domain name entered on our order form (i.e. the main, or 'root', domain of your account) at signup. This offer excludes .uk domains.
2.5 - Domains held with us and using our "ID Protection" service remain the property of the Client in every aspect. All parts of our TOS/AUP continue to apply to the Client with respect to the domain and its use on our service. The Client's details will only be masked on the WHOIS database. EnterWare will comply with any formal legal request received for the Client's details to be released.
2.6 - The Client must use their account/service/package/agreement/product purchased from EnterWare (or an affiliate) lawfully. They must not host or promote any illegal material/activity, including but not limited to, "warez", viruses, worms, trojans, unlicensed software (available to the public) or promote copyright infringement or any other illegal activity. Legal adult material is allowed to be hosted on EnterWare servers. Any activity that breaks this section (paragraph) of the Terms of Service and Acceptable Use Policy will result in immediate account termination (including the deletion of all Client files stored on EnterWare servers) without warning.
2.7 - This agreement applies for the length of time the Client has a fully paid for account/product with EnterWare or one of its affiliates. This length is a minimum of one calendar year from account creation for Annual Contracts and one calendar month from account creation for Monthly Contracts, these lengths are non-negotiable. Account creation occurs when there is a successful transfer of all monies owed to EnterWare from a Client/Customer for a product/service and thus an account is created by EnterWare for the Client. An account is therefore defined as "created" when EnterWare sends the Client a "Welcome" E-mail with all details of their account (such as CPanel login details). n.b. not when a Client receives said E-mail.
3. Billing, Refunds and Cancellations
3.1 - If EnterWare, for whatever reason they see fit, suspend and/or terminate an account/service/product or agreement with a Client this does not entitle said Client to any sort of reimbursement (including but not limited to monies and credits) from EnterWare and/or any affiliates.
3.2 - If a Client wishes to cancel/terminate their account with EnterWare they may do so by contacting EnterWare via one of the E-mail addresses listed in the "Contact Us" section of www.enterware.co.uk. If a Client cancels their payment subscription this will be dealt with in the same manner as a formal cancellation request and the Clients account will be immediately suspended pending termination. If we receive a request for cancellation within 14 days of the Clients account being created, the Client is entitled to a full refund of all monies paid to EnterWare under our "14 Day Risk Free Money Back Guarantee" with these exceptions:
3.3 - Any monies refunded will be issued via the same method as originally used by the customer to purchase the product/service from us.
3.4 - Dedicated server Clients must submit their cancellation request 7 days before their next due payment for the request to be processed in their current billing cycle, otherwise the request will be processed in the next billing cycle.
3.5 - If a Client does not submit a cancel request that meets the contract terms, either monthly or yearly, and monies are not transferred when due (according to the subscribed and advertised billing cycle) then the Clients account, sub-accounts and services will be suspended 7 calendar days from the date the monies were due.
The Client will then be given a further 23 calendar days from initial suspension to pay the debt otherwise their account, sub-accounts and services will be terminated (permanently and completely removed).
If suspension as outlined in this clause occurs more than twice within any time period for a Client then upon the third offence a charge of £35 will be levied. Failure to pay this charge (and any other outstanding debt) within 7 calendar days will result in permanent account, sub-accounts and services suspension and/or termination.
Please note that some products are exlcuded from this clause. These include: domain names, SSL certificates and other items that have an explicit expiry date. These will cease to work on the due date if no monies have been transferred.
3.6 - Misconduct towards or against and EnterWare staff, employee, member, Client, or affiliate will result in account suspension/termination.
3.7 - Misconduct includes, but is not limited to, written, physical or verbal abuse, harassment, threats and disruptive behaviour towards any person, Client, staff member, member, associate, employee or affiliate of EnterWare.
4. Misuse
4.1 - Any attempt to damage or unlawfully access any EnterWare owned, rented, leased or in any way utilised servers/equipment and/or network is strictly prohibited.
4.2 - Any attempt to access a Client/Customer account other than your own (legally owned and fully paid for) account will result in immediate appropriate legal action.
4.3 - Sending unsolicited E-mail (a.k.a. SPAM) from a EnterWare account will result in immediate termination of your account and may result in appropriate legal action. EnterWare is free to judge each case on merit and thus reserves the right to do so, therefore no solid definition of unsolicited E-mail (a.k.a SPAM) shall be given.
4.4 - A temporary URL is given to each Client upon account creation, any attempt to use this URL (either by the Client or a third party) 72 hours after account creation will be considered bandwidth stealing and is in breach of these Terms of Service and Acceptable Use Policy. EnterWare reserve the right to take any action they see fit to prevent this including, but not limited to, account suspension/termination.
4.5 - Each account a Client holds (legally) is allowed to use reasonable levels of server resources (including, but not limited to, CPU and RAM usage). If, for any reason, a Clients account utilises what EnterWare considers to higher levels of server resources then EnterWare reserve the right to suspend and/or terminate accounts without prior warning.
4.6 - IRC servers are explicitly disallowed on all services/packages that EnterWare offers.
5. Miscellaneous and Footnotes
5.1 - Based on past performance figures EnterWare can claim a server uptime average of 99.9% each calendar year, this however is not in any way guaranteed or assured.
5.2 - EnterWare provides all services, products and items "as is" thus they come with no guarantees and/or warranties of any kind.
5.3 - At no point does the Client own any copy of "WHMAutoPilot" that EnterWare supplies as part of any promotion. The software is leased to Client and is only provided to the Client for the duration the Client has an account with EnterWare. It remains the property of EnterWare at all times.
5.4 - EnterWare need only satisfy itself that a Client has broken any part of these Terms of Service and Acceptable Use Policy in order to take an appropriate action. It is at the sole discretion of EnterWare and all staff, employees, associate and affiliates.
5.5 - As stated before by signing up up for any service, plan, product, item or agreement with EnterWare you agree to all points in these Terms of Service and Acceptable Use Policy. Furthermore, as stated before, by signing up you agree to be bound by all parts of these Terms of Service and Acceptable Use Policy.
5.6 - These Terms of Service and Acceptable Use Policy are legally binding.
