By renewing or otherwise paying your web hosting services invoice you indicate acceptance of these terms and conditions of service with Eggplant Studios. These terms and conditions will not be varied for individual customers.
Eggplant Studios provides web hosting services and has agreed to host the Customer’s data upon the following terms and conditions.
Eggplant Studios shall render memory and computing capacity available, on a server operated by Eggplant Studios, for the storage of websites and for the operation of applications that can be utilized via the internet.
Eggplant Studios shall use its reasonable endeavours to make the server and the Services available to the Customer at all times, but because the Services are provided by means of computer and telecommunications systems, Eggplant Studios makes no warranties or representations that the Service will be uninterrupted or error-free and Eggplant Studios shall not, in any event, be liable for interruptions of Service, ISP connection issues, or downtime of the server.
Eggplant Studios shall schedule maintenance times for the optimization and improvement of performance of the systems providing the services, which are, on principle, outside the usual business hours, and are only utilized as required. During these maintenance times Eggplant Studios may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The customer shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
Eggplant Studios maintains a series of general service levels, with dedicated resource allotments, which constitute a hosting ‘package’. Packages vary, and Eggplant Studios will notify Customers if their current hosting package is becoming restrictive, and suggest an upgrade. Eggplant Studios understands that spikes in processing power required, bandwidth and storage may be temporary, as does grant some flexibility in those regards. In the event of consistent overuse of resources, Eggplant Studios reserves the right to automatically upgrade a clients hosting package to better service their needs.
For websites hosted on Eggplant Studio’s Servers, the company carries out complete server data backups every week (Sundays) for its own use in restoring accounts and server configurations. Daily backups are available for an extra fee. Customers are encouraged to take advantage of a more frequent backup schedule, or initiate their own backups of their Content including all website files and databases. Customers are provided with access to a hosting control panel through which such backups may be made easily.
Even though every effort is made to ensure data is backed up correctly, Eggplant Studios accepts no responsibility for data loss or corruption.
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
MALWARE, VIRUSES AND HACKS
Webserver:
The Customer has full responsibility to ensure the software and scripts used on their hosting package is up to date and secure as reasonably possible. The Customer is also responsible for the quality of passwords for their dashboards, admin areas, or other sensitive areas. The customer recognizes that despite the webserver’s own security measures, compromises to the customers website are almost always (99.9%) caused by poor passwords or insecure software run on the Client’s website. The Customer agrees that any compromises as a result is no fault of Eggplant Studios.
That being said, Eggplant Studios does routinely perform updates when attending to any change requests on your website as a matter of course.
Accounts found to be compromised will be contacted immediately. Eggplant Studios can and will provide remediation services at the utmost priority to ensure your website is restored to normal operating standards.
The web hosting environment has several features to mitigate malicious attacks:
Eggplant Studios recommends always:
Finally, Eggplant Studios recommends an SSL certificate for your website.
Mail Server:
The Mail Server is responsible the sending and receiving of your emails. The Mail Server has several protections in place:
The Customer warrants and represents to Eggplant Studios that the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software.
The Customer agrees to indemnify and hold Eggplant Studios and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Eggplant Studios arising out of any breach by the Customer, including spam or virus distribution. of the terms of this Agreement or other liabilities arising out of or relating to the Website.
The entire liability of Eggplant Studios to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen
In no event shall Eggplant Studios be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever.
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing with 30 days’ notice of its intention to terminate the Agreement.
Eggplant Studios shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customer’s account will be deleted, and cannot be recovered under any circumstances. Customers are required to perform any backups of content prior to initiating a termination.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, or recorded delivery to the address of the other party as appearing in their hosting panel contact information or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
This Agreement shall be governed by and construed in accordance with the law of British Columbia, Canada and the parties hereby submit to the exclusive jurisdiction of the British Columbian courts.
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Eggplant Studios will provide a full refund for that domain name, this will be the full limit of our liability.
Eggplant Studios will make reasonable endeavours to renew domains where the renewal fee has been paid. In the event that we are unable to renew a domain name and that domain name is subsequently lost, the limit of our liability shall be the renewal fee for that domain name.
Because domain renewals are averaged and applied to your yearly hosting invoice, domain renewals are non-refundable.
Eggplant Studios is not responsible for any domain registrations or renewals not provided through our service. In addition, no refunds will be given for hosting services during the time your domain name was expired or pending renewal.
Eggplant Studios is not responsible for customer programming issues, or issues arising from the Customers programming scripts. In extreme cases, programming scripts that are found to be resource intensive, potentially malicious, or otherwise detrimental to the normal performance of the Web Server may be blocked.
Eggplant Studios is not responsible for incompatibilities with your software and the webserver, though we do offer various versions of scripting languages to aid the Customer in resolving compatibility issues.
Finally, the Client understands that any software installed or created, and run on the server, is the Clients responsibility.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
Web hosting accounts include unlimited bandwidth, subject to the following fair usage provision:
Web hosting accounts are prohibited from hosting high-bandwidth resources such as pornographic material, high-bandwidth video media, graphics or scripts for other websites, storing pages, files or data as a repository for other websites or as a backup, giving away web space under a domain, sub domain or directory.
Should your web hosting account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
Eggplant Studios allows a flexible amount web space usage for genuine web site content. Customers are prohibited from using the server as a file/backup repository (backups must be stored off-server, on your local machine, or external drive).
Customers are expected to employ good housekeeping when maintaining their account.
Customers understand that Eggplant Studios employs a soft limit per account, including web space and email storage (not including backups initiated by Eggplant Studios) as defined in the package level applied. Additional storage space can be added in blocks of 5GB per month.
Access to sensitive hosting services, such as cPanel access, SMTP/IMAP/POP, and FTP services are behind a secure firewall. The customer understands that repeated failed logins may result in a temporary lockout of a duration of roughly 15 minutes. Repeated failed login attempts may result in a permanent ban. The customer understands this service is intended to prevent malicious password cracking attempts and cannot be removed. In the event the customer is on a permanent ban, they must contact Eggplant Studios to unlock their account, at which time the customer will be responsible for rectifying the problem, failure to do so may result in another permanent ban if the problem persists.
