Hosting Terms & Conditions

These Hosting Terms & Conditions (the “Agreement”) are an agreement between Enet Online Solutions  ( “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the web hosting products and services made available by Enet Online Solutions. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Enet Online Solutions agrees to provide the client web hosting for a monthly/quarterly/semi-annual/annual fee. Enet Online Solutions will never require clients to advertise for Enet Online Solutions on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content. Enet Online Solutions reserves the right to change this agreement at any time without notice. To protect your interests, visit this page periodically to review the current terms of our policy.

Contents

All services provided by Enet Online Solutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Kenya’s (or any other country’s) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Enet Online Solutions from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links

• Pirated software
• Hacking programs or archives
• Warez Sites
• Illegal MP3 or related audio files
• Spamming Software
• VIP Poster
• High Yield Investment Program (HYIP) sites
• Proxys (including links to proxy websites)

Background Running Programs

Enet Online Solutions does not allow background-running programs. This includes any Internet Relay Chat (IRC) related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts

You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically above. Scripts that are commonly known for causing server disruption include large cgi-based message forums, chat programs, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Enet Online Solutions reserves the right to disable the account pending client cooperation and resolution.

Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

Material accessible to you through Enet Online Solutions’ Services may be subject to protection under the Kenya (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Enet Online Solutions Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Enet Online Solutions Network. If you use a domain name in connection with the Enet Online Solutions Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

Enet Online Solutions reserves the right at its sole discretion to refuse or cancel service. Violation of any of Enet Online Solutions’ Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam or Unsolicited E-Mail

You must not use the Enet Online Solutions Network, Enet Online Solutions equipment or any Enet Online Solutions email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Enet Online Solutions Network, Enet Online Solutions equipment or any Enet Online Solutions email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, Enet Online Solutions reserves the right to disable your domain without warning. In addition, Enet Online Solutions may impose a $70 (or its equivalent in KES) penalty for each spam policy violation. Enet Online Solutions solely reserves the right to refuse or cancel service to known spammers. Lastly, Enet Online Solutions reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to Enet Online Solutions servers, customers, employees, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Staff Abuse

Enet Online Solutions has a zero tolerance policy for abuse directed towards our staff. Use of foul or offensive language, threats, or any other actions we may find offensive is grounds for immediate suspension or termination of services without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Enet Online Solutions (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Enet Online Solutions, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Enet Online Solutions against liabilities arising out of;

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Enet Online Solutions server;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and
3. copyright infringement. Customer agrees to limit the liability of Enet Online Solutions to the amount paid for service.

Refund and Cancellation Policy

For payment, Enet Online Solutions accepts MPESA, Paypal (which accept Visa, MasterCard, Discover, American Express). Enet Online Solutions invoices exclusively via e-mail which you can pay by logging to client portal.

You may cancel your account at any time and receive a full refund (excluding any setup fees or domain name registrations fees incurred) if canceled within our thirty (30) day money-back guarantee period. Please note that its only for new clients and only apply on first 30 days after sign up no refund for renewals. You may cancel for any reason. Refunds are not available if the account has violated any terms on this page.

If after thirty (30) days you wish to cancel your hosting account, you will receive no refund of any monies already paid to Enet Online Solutions.

The Customer may cancel service by providing no less than forty-eight hours (48) hours prior notice by requesting cancellation from Client Area. Enet Online Solutions does not accept cancellations via telephone, email, live chat, or any other method except from Client Area. If cancellation notice is not received within the required time frame, the Customer will be billed for the next Billing Term and responsible for payment as set forth above.

No refunds are available on SSL Certificates, Domain registrations and transfers or Dedicated server.

Late Payment

Please note All Payments are done automatically monthly/Quarterly/Semi-Annually/Annually/Bi-annually depending on your billing cycle.

Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 14 day grace period after which the account is put on suspension. Once the invoice is late a late fee of $10 (its Equivalent in Kes) will be automatically added to the invoice.

You will receive a payment reminder everyday from the start of your payment due date. If after 28 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. Reactivation of closed accounts due to delinquency incurs a $15 (its Equivalent in Kes) reactivation fee as well as payment of the balance due in full. For late payments please email billing[at]enetonlinesolutions.co.ke to arrange payment.

Disclaimer

Enet Online Solutions will not be responsible for any damages your business may suffer. Enet Online Solutions makes no warranties of any kind, expressed or implied for services we provide. Enet Online Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Enet Online Solutions and its employees. Enet Online Solutions makes a 99.9% Uptime guarantee.

Enet Online Solutions keeps daily backups of their shared and reseller servers. No backups are stored or provided for Virtual Dedicated Servers, or Dedicated Servers. While Enet Online Solutions tries its best to keep recent working backups, we are unable to provide any guarantee for the accuracy, date, or integrity of its backups. Enet Online Solutions can accept no responsibility for any loss of data or consequences arising from this. Enet Online Solutions always advises clients to back up their site data regularly for their own protection.

To help preserve disk space, Enet Online Solutions may periodically purge backups from accounts that were created by the user within cPanel. Backups that are created by users should always be immediately downloaded to the users computer for storage, and not to be kept on the server.

Enet Online Solutions furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of Enet Online Solutions. A customer’s failure to comply with those laws will violate this policy.

If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Enet Online Solutions then Enet Online Solutions will not be responsible for maintaining hosting for the resellers customers unless request is made through admin[at]enetonlincesolutions.net.

Finally, Enet Online Solutions wishes to emphasize that in accepting services, customers indemnify Enet Online Solutions for the violation of any law or Enet Online Solutions policy, that results in loss to Enet Online Solutions or the bringing of any claim against Enet Online Solutions. This means that if Enet Online Solutions is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Enet Online Solutions, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation.

Enet Online Solutions reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.

Ip limits

SEO ip limit – Accounts can only use the alloted amount of ip’s that come with a package to use toward SEO. If your package does not come with an ip you will be allowed only 1 ip address for SEO. Ip’s used for ssl’s and valid uses will never been turned down. If found frauding ip’s for SEO past these limits the account(s) will be up for suspension and or termination. Domains with a dedicated IP must be pointed to our servers else risk the dedicated IP being removed from the account.

Ip class’s – Enet Online Solutions can not promise that we will be able to provide different ip classes on a single server. If we so happen to get more then one class this can be done. This all depends on what is available from our datacenter.

Due to a shortage of IP addresses around the world each dedicated IP must be requested via the dedicated IP order and will only be given if the requester has a complete and valid reason. Dedicated servers will be charged a one time fee of $15 (its Equivalent in Kes) for each order.

Account Restorations and Transfers

We at Enet Online Solutions will gladly provide up to 5 account transfers per month, per account. After this we will impose a $5 (its Equivalent in Kes) charge on a per-transfer basis. However, if you are a new customer (less than one month with service), you can have all your accounts transferred for free in the first month. After the first 10 transfers the same $5 (its Equivalent in Kes) per transfer fee will apply to each additional transfer.