Terms of Service

Last Updated: 16 June, 2019

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PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT Net Endeavours OFFERS.

INTRODUCTION
Net Endeavours Ltd, its affiliates and their successors and assigns (collectively referred to as “Net Endeavours”) makes available the web hosting and related services described in Net Endeavours’s published service descriptions subject to these Terms of Service (the “TOS”).

For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by Net Endeavours, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

ACCEPTANCE OF TERMS
Capacity. You represent and warrant to Net Endeavours that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from Net Endeavours unless your parent or guardian enters into the TOS on your behalf.
PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON OR CHECK BOX ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY NET ENDEAVOURS, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
You represent and warrant to Net Endeavours that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from Net Endeavours.
YOU
Services. The services that you request from Net Endeavours by means of the online order form on the Site or otherwise in writing and which Net Endeavours agrees to provide subject to these TOS are the “Services”.
Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
Privacy. You have read Net Endeavours’s Privacy Policy and consent to the use of your personal information as described therein. Click here to view a copy of the Privacy Policy.
Communications. Net Endeavours reserves the right to communicate with you regarding the Services and your use of the Site. You consent to Net Endeavours’s use of any contact information that you provide to Net Endeavours in doing so.
Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform Net Endeavours immediately.
Changing Passwords. Net Endeavours may, at any time, change any username or password assigned by Net Endeavours to you, and Net Endeavours will notify you when it does so.
Insurance. You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.
DESCRIPTION OF SERVICES
General.
Description. For each package of web hosting and related services that Net Endeavours makes available to its customers, Net Endeavours has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on https://www.Net Endeavours.eu (the “Site”).
Changes to Services. Net Endeavours may modify its services and the corresponding Service Descriptions from time to time. Please refer to the Site for the most current Service Descriptions. Net Endeavours may also send an email notice of the change to its affected customers.
Hosting Services.
Any Service identified as a “Hosting Services” in its Service Description is a Hosting Service.
Hosting Environment. Net Endeavours shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of Net Endeavours’s hosting hardware.
SSD storage. Net Endeavours shall provide SSD storage for your website(s). Click here to read more about Net Endeavours’s definition of “unlimited” SSD storage for your hosted website.
Internet. Net Endeavours shall provide an Internet connection linking your hosted website(s) to the Internet. Click here to read more about Net Endeavours’s definition of “unmetered” bandwidth.
Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS. Click here to read more about the various methods that can currently be used to do so.
Routing. When Net Endeavours hosts a website on your behalf, Net Endeavours will route one or more domain names to that website. The exact number of domain names that Net Endeavours will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
Backup. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, Net Endeavours’s backup activities are primarily for Net Endeavours’s own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACKUP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to backup Your Content. Please use these tools and backup Your Content frequently. Net Endeavours Automated Website Backup is an optional service available for an additional fee or which may be included for no charge in some Hosting Services that will automatically backup Your Content on an ongoing basis for your convenience. Please note that this service is provided as-is and without warranty in respect to performance. If you are using this service it is still your responsibility to review your backups from time to time to ensure all of your data is backed up correctly and to notify us of any concerns you have.
Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following “Maintenance Windows”: (i) between 12:00 a.m. and 3:00 a.m. (local time in Toronto, Ontario); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, Net Endeavours takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to Net Endeavours by the customers) and what would be the early hours of the morning for most of them.
Availability. A Hosting Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
Measure. Net Endeavours will use reasonable efforts to ensure that the Hosting Services will be Available other than for “Scheduled Maintenance” at least 99.9% of the time, measured monthly. Any maintenance or other work performed on Net Endeavours’s technology infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.
Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of Net Endeavours, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that Net Endeavours will not be performing any maintenance activities during that Maintenance Window.
Free Domain Name. If the cost of registering or renewing a single domain name for one year is included in the annual Fees that you are being charged for a Hosting Service (see the applicable Service Description to find out if it is included and the eligible types of domain names) and the domain name that you wish to register or renew for use with the website being hosted is both an eligible type of domain name and available, Net Endeavours will register or renew (as applicable) the domain name for you. If Net Endeavours does so and you continue to subscribe to such Hosting Services for a period of at least 12 months, Net Endeavours will not charge you its then-current fee for registering or renewing a domain name (as applicable). HOWEVER, IF THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, Net Endeavours WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY Net Endeavours’S THEN CURRENT FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
Domain Names Registration Services.
Assistance with Registering Only. Net Endeavours may assist you to register one or more top-level or second-level domain names (the “Domain Name Registration Service”). For each such domain name registered Net Endeavours’s involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm; http://promopeople.com/terms-of-service.html). Please note: you are also bound by ICANN’s rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
Maintenance of Domain Names.You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. Net Endeavours IS NOT RESPONSIBLE FOR DOING SO.
Please note that: (i) Net Endeavours is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it; (ii) Net Endeavours will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so; and (iii) Net Endeavours may but is not obligated to inform you of any proposed or new top-level or second-level domains.
Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant’s name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing Net Endeavours in writing prior to the registration of the domain name that you wish to take advantage of the registrar’s privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not Net Endeavours.
As is. Assistance with registering domain names and securing related privacy services is provided “as is” and without any warranties, representations or conditions whatsoever.
Domain Redemption Fee: If your domain was registered with Net Endeavours and has expired, but you wish to recover the domain, Net Endeavours may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, Net Endeavours must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with Net Endeavours can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
Resale. If you have received written permission from Net Endeavours to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If Net Endeavours is contacted directly by any such client, Net Endeavours may suspend all or part of the Services that it is providing to you. If Net Endeavours does so, Net Endeavours will give you notice of the suspension and the reason for the suspension. Once you have satisfied Net Endeavours that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, Net Endeavours will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that Net Endeavours in its sole discretion provides (“Additional Services”) are deemed to be Services provided pursuant to these TOS, and they will be provided at Net Endeavours’s then-current rates.
Support.
FAQs. Net Endeavours maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on the Site.
Technical Support. Net Endeavours will provide technical support relating to the Hosting Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; (ii) email; and/or (iii) chat. The email address and the telephone number that you should use are set out on the Site.
Verifiable. Net Endeavours will use commercially reasonable efforts to resolve each problem reported to Net Endeavours’s help desk and verifiable as being a problem or deficiency with the Hosting Services.
Assistance. When you report a problem to Net Endeavours’s help desk, you will provide: (i) any assistance reasonably necessary to allow Net Endeavours to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
Billing. Billing and account support is available via the web-based tool that Net Endeavours provides to you to manage your account. The tool and the hours that apply to your jurisdiction are available on the Site.
CONTENT
Intellectual Property. No intellectual property rights are transferred by Net Endeavours to you by these TOS.
Your Content. “Your Content” means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to Net Endeavours and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable Net Endeavours to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
Monitoring Your Content. Although Net Endeavours is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, Net Endeavours reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
ACCEPTABLE USE
Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or Net Endeavours’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize Net Endeavours’s products, services, technology infrastructure or ability to operate; or (ii) expose Net Endeavours to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
include child pornography;
promote, sell or otherwise disseminate adult related material, pornography or other erotic material that contains nudity or other content determined at our sole discretion as adult-related regardless of merit, including but not limited to adult thumbnail galleries and banner exchanges;
infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
wilfully promote hatred against or defame any identifiable individual, group or other organization; including but not limited to promoting hate, violence, or intolerance based on race, age, gender identity, ethnicity, religion, or sexual orientation.
promote or advocate human trafficking in any way as determined at our sole discretion;
promote prostitution or escort services;
promote gambling, casinos, gaming, sports betting, daily fantasy sports, lottery or chain letters regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction;
promote or sell illegal drugs or drug paraphernalia;
advertise, advocate or operate get rich quick schemes or any high-yield interest programs (HYIP), ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs or related sites;
can be used for attacking computer systems, networks or internet users and defacing websites, including but not limited to IP scanners, bruteforce programs, spam scripts, executables, mail bombers or other tools or applications;
include any form of malware;
make threats to a person’s safety or property;
defame other persons;
interfere with the services that Net Endeavours provides to its other customers;
interfere with, disrupt or damage the servers used by Net Endeavours to provide such services, those of Net Endeavours’s suppliers or those of Net Endeavours’s other customers;
impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
operate file dumps / mirror scripts (similar to rapidshare), anonymous or bulk SMS Gateways or fraudulent sites including but not limited to sites listed at aa419.org and escrow-fraud.com;
broadcast or stream live sporting events including but not limited to UFC, NASCAR, FIFA, NFL, NHL, MLB, WWE or television;
operate cryptocurrency / bitcoin miners;
undertake any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
the export of data or software;
the protection of human rights;
the promotion of hatred;
defamation;
criminal offences;
the protection of intellectual property; or
including the sending of commercial electronic messages without consent from the recipients.
Unacceptable uses of the Services or Net Endeavours’s technology infrastructure may also include but are not limited to hosting materials or performing activities such as: unsolicited mailings, newsgroup spamming, hosting topsites for the purpose of distributing, storing or archiving warez releases, copyrighted MP3, illegal content, copyright infringement, trademark infringement, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of Net Endeavours’s technology infrastructure. Net Endeavours will be the sole and final arbiter as to what constitutes a violation of this policy.
Disruptive Uses. You may not use the Services or Net Endeavours’s technology infrastructure in any manner that interferes with or disrupts Net Endeavours’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and Net Endeavours may exercise its rights under section 6.6 including to suspending Services:
generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by Net Endeavours’s other clients who have purchased similar hosting services;
generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by Net Endeavours’s other clients who have purchased similar hosting services;
on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by Net Endeavours’s other clients who have purchased similar hosting services;
even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
using SSD storage to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using SSD storage for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a Net Endeavours server is not tolerated. This includes any email that promotes websites hosted on a server located on the Net Endeavours network, but which is sent from an email address not associated with a Net Endeavours account.
Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, Net Endeavours scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, Net Endeavours may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from Net Endeavours’s servers, it is a breach of this section 6.3 and Net Endeavours may exercise its rights under these TOS including section 6.6 and section 5.3
Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
Investigation. Net Endeavours reserves the right to investigate suspected breaches of this section 6, and you agree to cooperate with Net Endeavours when asked to assist in any such investigation.
Breaches. If you breach this section 6, it is probable (in Net Endeavours’s sole discretion) that you have breached or it is likely that you will breach this section 6 (also in Net Endeavours’s sole discretion), Net Endeavours in its sole discretion may suspend or revoke your access to the Services or Net Endeavours’s technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
Others Breaches. Net Endeavours assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
IP ADDRESSES
Net Endeavours may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by Net Endeavours or its representatives in connection any Services. Net Endeavours or its suppliers may change any such address at any time, but Net Endeavours will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
PAYMENT
Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, Net Endeavours will give you at least 30 days prior written notice of any increase to the Fees.
Promotions. From time to time, Net Endeavours may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse Net Endeavours for all registrar’s fees or other related expenses incurred by Net Endeavours in relation to any third-party service described in section 4.3.
Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on Net Endeavours’s net income.
Payment of Fees. Net Endeavours accepts payment by credit card (Visa, MasterCard or American Express) and by PayPal. Available payment types may vary from region to region. Information on the payment types accepted in your jurisdiction is available on the Site.
In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
Automatic Charging. When Net Endeavours is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card or PayPal account that Net Endeavours has on file for you and you authorize Net Endeavours to do this. Net Endeavours will send an invoice for these amounts to the email address that it has on file for you before doing so.
Chargebacks. Please note that should any amount that you pay by credit card or PayPal be charged back to Net Endeavours, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:
Net Endeavours may restrict, suspend or terminate the affected Services; and
the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, Net Endeavours shall be entitled to recover its collection costs, including legal fees and expenses.
30 Day Guarantee of Hosting Services.
If at any time during the 30 day period beginning on the date that you purchase Hosting Services for the first of your websites to be hosted by Net Endeavours you are not satisfied with the Hosting Services that you are receiving, you may terminate this Agreement by using the web-based tool that Net Endeavours provides to you to manage your account to terminate the Hosting Service. If you do so, you will receive a refund. PLEASE SEE OUR CANCELLATION AND REFUND POLICY FOR REFUND RULES PERTAINING TO HOSTING SERVICES AND OTHER SERVICES.
TERM
Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in section 10 of this Agreement (the “Term”).
SUSPENSION AND TERMINATION
Suspension. If you breach of these TOS, Net Endeavours may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to Net Endeavours satisfaction that you have taken steps to prevent future breaches of the TOS, Net Endeavours will lift the restriction or suspension. Net Endeavours will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in Net Endeavours’s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
By You. You may terminate any Service at any time by using the web-based tool that Net Endeavours provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
By Net Endeavours. Net Endeavours may terminate any Service by giving you at least 30 days written notice of the termination date. Net Endeavours may terminate this Agreement immediately and without prior notice to you:
if you breach section 6 (Acceptable Use);
if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
if you breach any other section of these TOS and do not cure that breach within 15 days.
Survival. Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
Renewals. Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give Net Endeavours written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at Net Endeavours’s then current rates for such Services.
WARRANTIES AND DISCLAIMERS
THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, Net Endeavours EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATIONS OF LIABILITY
Limit. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF Net Endeavours (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST CLAIM FOR DAMAGES.
Indirect Damages. Net Endeavours (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER Net Endeavours HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, Net Endeavours’s total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.
Allocation of Risk. You (the Client) and Net Endeavours understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to Net Endeavours reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
INDEMNIFICATION
You agree to indemnify and hold Net Endeavours and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
AGREEMENT
Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
ASSIGNMENT
TOS. You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of Net Endeavours. Any other attempted transfer or assignment of rights hereunder shall be null and void.
Domain Names. These TOS do not restrict your ability to transfer any domain for which you are the registrant. If Net Endeavours is the registrar for the domain name, please request our “domain name transfer instructions” by sending an email to [email protected] Endeavourssupport.com. We will send you the specific details and information about transfer of ownership.
Net Endeavours. Net Endeavours may assign its rights and obligations hereunder without your prior consent.
NOTICE
Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to Net Endeavours when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to Net Endeavours pursuant to the TOS will be in writing and sent to Net Endeavours at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by Net Endeavours to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
OTHER
Governing Law. This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of Ontario, Municipality of Halton and City of Burlington.
Independent Contractors. The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
AMENDMENT
Net Endeavours may change the TOS from time to time and at any time. When Net Endeavours changes the TOS, Net Endeavours will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.
As well, Net Endeavours may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If Net Endeavours does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from Net Endeavours and instruct Net Endeavours to disable any password for the Site assigned to you.
Net Endeavours reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.

 

Usage Policy

This Usage Policy and accompanying definitions pertain to certain web hosting accounts that may be offered on our website that include “unmetered bandwidth”, “unmetered data transfer”, “unlimited disk space”, and / or “unlimited storage”.

DISK SPACE, STORAGE, BANDWIDTH, AND DATA TRANSFER
For certain Shared and WordPress web hosting plans there is no upward limit to the amount of disk space, storage, bandwidth, or data transfer a single customer may use with respect to their web hosting. Subject to these terms, Net Endeavours makes every reasonable commercial effort to provide its customers with the disk space, storage, bandwidth, and data transfer resources required for the normal operation of a website. Our goal is to provide the resources required for a typical website that may experience periods of growth resulting in increasing demands for resources (such as disk space, storage, bandwidth, or data transfer) without customers being subject to additional charges.

In order to ensure excellent performance for all websites on a server, customers must be fully compliant with our Terms of Service, and utilize disk space, storage, bandwidth, and data transfer in a manner consistent with the normal operation of a website. While rare, when performance on a server is compromised due to excessive demands by an individual website, we occasionally need to temporarily constrain accounts that are utilizing more server resources than should be the case in the normal operation of a small business website. For those accounts that are consistently making excessive demands above the normal operation of a website, including those that are not in compliance with our Terms of Service, we may suspend or terminate the account in question or ask that the customer adjust the web hosting plan they are currently on to one that better matches the needs of their website.

WHAT IS ACCEPTABLE AND APPROPRIATE USAGE?
Acceptable and appropriate usage is defined in two ways:

As outlined in Section 6 of our Terms of Service, which clearly describes unacceptable, disruptive, and forbidden uses of our Services.
As outlined in our Detailed Server Resource Usage Specification Chart, which clearly describes the technical limits of our Shared and WordPress hosting servers.
Websites utilizing server resources within these technical limits and in accordance with our Terms of Service are considered to be operating normally and using resources appropriately. In addition, we provide customers with the ability to easily monitor in real-time the level of server resources their website and account are using, and we are always available to help answer questions about how a website’s performance can be optimized.

Net Endeavours is continually investing in technology and support features. Our web hosting solutions have been specifically designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a shared community, our offerings are not intended to support enterprise level or large company requirements. This typically also includes eCommerce websites, high traffic websites that require greater server processing resources than a shared web hosting server can provide, and websites that have been configured improperly or have been extended with additional functionality causing higher server demands. For these types of websites, we may recommend migrating your account to higher performance services that provide dedicated server resources such as a virtual private server (VPS) plan.

To ensure that our hosting is reliable for all customers within a specific server community, we monitor our servers continuously in order to maintain optimal performance, and occasionally have to take preventative measures on individual websites or accounts where resource usage is adversely affecting the server’s performance. If your website is subject to these measures we will attempt to contact you to determine the potential cause for this excessive usage and highlight possible ways you that can make adjustments or changes to your website before we take any corrective actions.

Lastly, our web hosting service is intended for hosting websites, not for backing up or storing user data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited.

WHAT IS UNLIMITED?
Unlimited disk space and / or unlimited storage: Create a website as large as you like, hundreds or thousands of web pages and you will not be penalized for exceeding any upper limit. However, please realize that there are many other users on your server and growing a website too quickly may use excessive resources in a short period of time. If this happens, we may restrict certain resources to prevent other customers’ websites on that server from being adversely affected. The vast majority of our customers’ sites grow at rates well within our rules, however, and will not be impacted. Typically, customers only experience issues if they use their accounts for storage (for example large multimedia files) backup, computer backup, or file sharing. Our web hosting services are not intended to support these activities, and in accordance with our Terms of Service your disk space, storage, bandwidth, and data transfer usage must be exclusively for operating your website normally.
Unlimited websites: You can create as many websites as you want in your account.
Unlimited email accounts: You can create an unlimited number of email accounts or email addresses. However, please keep in mind that the “unlimited disk space” or “unlimited storage” of your hosting plan is intended for website files only. While email account creation is unlimited, these services rely on the file storage available on your account, so you must operate within the Terms of Service to ensure resources are available to fully enable email functionality.
Unlimited hosting space but excessive database files: On most Net Endeavours Shared and WordPress hosting plans we do not set limits on the amount of disk space, storage, bandwidth, or data transfer allowed for an individual customer account, nor do we charge additional fees based on an increased amount of usage, so long as you are compliant with our Terms of Service. However, Net Endeavours’s services are designed to host websites and as such we DO NOT provide unlimited space for backups or the archiving of electronic files, emails, documents, log files, etc., and such activity may result in the suspension or termination of your account without notice. Furthermore, accounts with an extraordinarily large number of files can have an adverse effect on server performance. This includes, but is not limited to, accounts with an excessive number of database file or an unreasonably large database size. Net Endeavours may request that the number of files/nodes, database tables, or total database usage be reduced to ensure proper performance for all customers on that server, or we may suspend or terminate your account, with or without notice.
Unlimited domain hosting: Most Net Endeavours Shared and WordPress hosting plans do not set an upper limit to the number of domains a customer can associate with their web hosting account.
WHAT IS UNMETERED?
Unmetered bandwidth and unmetered data transfer: Unmetered bandwidth and unmetered data transfer mean that we do not have defined limitations on the amount of bandwidth you can use or the amount of data you can transfer. These resources are “unmetered”, meaning you are not billed according to the amount of bandwidth used. You can use as much bandwidth and transfer as much data as you need to operate your website normally so long as you comply with our Terms of Service and your website’s resource requests do not negatively impact the performance of the server, including the other websites hosted on the server. If you use your web hosting solution resources appropriately, visitors to your website will be able to view and download as much content from your site as they wish.

For more information please refer to the acceptable use section of our Terms and Conditions.

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Net Endeavours’ Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Net Endeavours may modify this AUP at any time without notice.

The Services provided by Net Endeavours may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Net Endeavours reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

Index
Prohibited Uses
Unacceptable Material
Unacceptable Resource Usage
Zero Tolerance Spam Policy
Defamation Policy
AUP Violations

 

Prohibited Uses
Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.
If you believe that your intellectual property rights are being infringed upon, please email [email protected] For copyright infringement claims, Net Endeavours follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.
Using a shared account as a backup/storage device.

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Unacceptable Material
Unacceptable material on our servers include without limitation:

Topsites
IRC Scripts/Bots
IRCD (irc servers)
Proxy Scripts/Anonymizers
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale or distribution of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)
Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in Net Endeavours’ sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Unacceptable Resource Usage
You may not:

Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than fifteen (15) minutes.
Include the URL when using PHP include functions for including a local file. Instead of including ‘http://yourdomain.com/include.php’, use ‘include.php’ or ‘/home/username/public_html/include.php’.
Force html to handle server-side code (like php and shtml) to help reduce usage.
INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

Databases.

Shared and reseller accounts may not run any database queries longer than fifteen (15) seconds. Shared or reseller cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from Net Endeavours generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits, as set forth in Section 15 of the General Terms of Service, which may result in the Subscriber’s cPanel account being flagged for review and/or suspension.

Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.
Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Net Endeavours reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.
Net Endeavours reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.
Defamation Policy
Websites hosted on Net Endeavours’ servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, Net Endeavours’ policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, Net Endeavours is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

AUP Violations
Resellers.

If there is a violation of this AUP by one of our client, account, HostGator will suspend the website in question and will notify us to terminate the account. Net Endeavours may, but is not obligated to, monitor the account or website for any subsequent violations. The occurrence of additional violations may result in the immediate termination of your reseller account.

Direct customers.

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.
If you feel you have discovered a violation of our AUP please report it to: [email protected]