All services provided by Encylia LLC (“Encylia LLC”) may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or city law is prohibited. This includes, but is not limited to: copyrighted material, material protected by trade secret and other statute, or material judged by Encylia LLC to be threatening or obscene.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Encylia LLC’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Further examples of unacceptable content or links to content:
Proxies of any kind for any use
hacker programs or archives
IRC servers and/or IRC bots, or any chat or chat-like software
The subscriber agrees to indemnify and hold harmless Encylia LLC from any claims resulting from the use of service which damages the subscriber or any other party.
Any attempt to undermine the security of gain access to any server or content of of Encylia LLC is strictly prohibited. As our customer you are responsible for all of your accounts and all of the content on those accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. For further details about what constitutes server abuse, please see our Acceptable Use Policy. Further, encylia reserves the right to redirect traffic for the domain hosted on our server.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ANY PROHIBITED CONTENT OR VIOLATING OUR SERVER ABUSE AGREEMENT YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, BY USING YOUR ACCOUNT IN SUCH A MANNER YOU AUTHORIZE Encylia LLC TO NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
Encylia LLC will automatically charge your account on the first day of your “Billing Cycle”, as defined at your signup time.
Any account owner wishing to terminate his or her account with Encylia LLC must submit a written termination request by 5:00pm (US Eastern Standard Time) on the last day of their billing cycle to prevent being charged for an additional billing cycle. Terminations requests may only be submitted by an account owner. Verification of account ownership may be required at the time of termination request to prevent invalid termination.
Encylia LLC shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. In the event that there is insufficient credit, Encylia LLC will send an e-mail notification to the contact defined by the customer in his/her billing account. At that point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 48 hours, the account, and all accounts under that account plan, will be suspended.
Certain services carry a one-time non-refundable setup fee charged by Encylia LLC to client, which must be paid by client in order to have use of said services. If the client terminates their account or violations this agreement, the client shall be responsible for any and all outstanding fees owed to Encylia LLC and agrees to pay any and all fees incurred by his/her account or any content for which he/she is responsible.
Domain Registration and renewals
After initial registration, the responsibility of keeping customer domains registered is solely responsibility of the client. If a domain’s registration is allowed to lapse, encylia will work with the client to attempt to retain the domain. Client assumes all responsibility for effects, anticipated or not, of a lost domain.
If encylia renews the domain, but the client does not pay the cost for renewal the client forefits rights to the domain and encylia assumes ownership of the domain.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee. If a client wishes to cancel their service within 30 days of account creation they may do so by submitting a valid termination request and requesting a refund.
Refunds: If client has retained the services for one year and has pre-paid Encylia LLC for such services, refunds will be issued for any unused full months of the services, upon client’s request. No partial-month refunds will be issued. If the customer’s chosen billing cycle included free months, the customer’s free months will be deducted from the total returned. Any services fee are non-refundable.
We DO NOT refund partial monthly fees to accounts. Cancellation requests must be submitted and verified in writing on the last business day before end of the billing cycle.
Any account deactivated due to non-payment will require a reactivation fee equal to the setup fee of that account prior to reactivation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Encylia LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Encylia LLC’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, Encylia LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Encylia LLC ‘ servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to email@example.com.
All complaints will be investigated promptly and thoroughly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Encylia LLC cannot be held liable for system down time, crashes or data loss. Encylia LLC cannot be held liable for any predicated estimate of profits which a client would have gained if their site had not experienced the downtime or loss functionality. Certain services provided by Encylia LLC are resold. Thus, certain equipment, routing, software and programming used by Encylia LLC are not directly owned or written by Encylia LLC. Moreover, Encylia LLC holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Encylia LLC sees fit.
By activating your account with Encylia LLC, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem whenever possible.
Network Uptime Guarantee
Encylia LLC guarantees 100% network uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime not to exceed the total cost of the account in question for for a six-month billing cycle upon customer request.
Updates and Amendments to policies and plans
Encylia LLC reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans with or without notification. If the cost of services already ordered by a client will be changed, the client will be notified in writing with as much advanced notice as possible.
Contacting the Web Site
If you have any questions about this statement, the practices of this site, or your dealings with this Web site, you can contact: firstname.lastname@example.org
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Encylia LLC must adhere to the above policies.
Resolution of Disputes
In the event of any dispute between Encylia LLC and its client(s) related to or arising because of this agreement, or related to any violation or termination of this agreement, the client agrees to submit to binding arbitration that shall be conducted by the Arbitrator of Encylia LCC’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum from Michigan will be chosen.
The arbitrator shall resolve any dispute presented in accordance with Michigan law. The location of said arbitration shall be conducted in in a location determined by Encylia LLC at the time of arbitration. Client will retain responsibility for his/her/its own expenses and legal fees and costs for the arbitration. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
Revision date: 08/02/13