this agreement constitutes a legal and binding contract between esoftpro.com and all esoftpro.com customers.
Software - License Agreement
Please read this End-User License Agreement (the "EULA")
By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this EULA, including the WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, and TERMINATION PROVISIONS. Such agreement is either on your own behalf or on behalf of any corporate entity which employs you or which you represent (corporate licensee). If you do not agree to the terms of this EULA do not install or use the Software.
- The Software is supplied by esoftpro.com and is licensed, not sold, under the terms of this EULA and esoftpro.com reserves all rights not expressly granted to you. esoftpro.com retains the ownership of the Software.
- Software License:
- esoftpro.com grants you a license to use one copy of the Software. You may not modify or disable any licensing or control features of the Software.
- This Software is licensed to operate on only one domain.
- Only one individual or entity may use the Software for its intended purpose on the domain. If more than one individual or entity wishes to use the Software they must purchase a separate license.
- The software is licensed only to you, even if purchased or run on behalf of a third party. You may not rent, lease, sub-licence, sell, assign, pledge, transfer or otherwise dispose of the software in any form, on a temporary or permanent basis, without the prior written consent of esoftpro.com.
- License Restrictions:
- By accepting this EULA you are agreeing not to reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You are the exclusive licensee of the Software and sharing any source code of the Software with any individual or entity is a violation of copyright laws and international treaties and cause for license termination.
- If you upgrade the Software to a higher version of the Software, this EULA is terminated and your rights shall be limited to the EULA associated with the higher version.
- Updates are effective for one year from the date of purchase. After the expiry, no further support or download possiblities of new versions is given.
- All copyright notices must remain unchanged and visible.
- Proprietary Rights:
- All title and copyrights in and to the Software (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software are owned by esoftpro.com. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, subject to the provisions of this EULA.
- Termination Rights:
- Without prejudice to any other rights, esoftpro.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts, and esoftpro.com may suspend or deactivate your use of the Software with or without notice.
- Export Control:
- You may not export or re-export the Software or any copy or adaptation of the Software in violation of any applicable laws or regulations.
- esoftpro.com does not warrant that the operation of esoftpro.com will be uninterrupted or error free. esoftpro.com Software may contain third-party functions or may have been subject to incidental use.
- esoftpro.com is not responsible for problems resulting from improper or inadequate maintenance or configuration; software or interface routines or functions NOT developed by esoftpro.com; unauthorized specifications for the Software; improper site preparation or maintenance; Beta Software; encryption mechanisms or routines.
- Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software. IN NO EVENT WILL esoftpro.com OR ITS SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR LOST SAVINGS) OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE EVEN IF A esoftpro.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Should you decide to transmit to esoftpro.com by any means or by any media any information (including, without limitation, ideas, concepts, or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions, or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant esoftpro.com and its assigns a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display, and perform the same.
- Distribution and Backups:
- DISTRIBUTION OF THE REGISTERED VERSION OF THE Software IS STRICTLY PROHIBITED and is a violation of United States copyright laws and international treaties punishable by severe criminal and civil penalties.
- You may make copies of the Registered Version of the Software for backup purposes only. All backup copies must be an exact copy of the original Software.
- Refunds Policy:
- The product and services are non-physical irrevocable which cannot be returned to us, license fees and installation charges are non-refundable under any circumstances and this license is not transferable.
This agreement constitutes the complete statement of the agreement between you and esoftpro.com, and supercedes all representations, understandings or prior agreements between you and esoftpro.com.
esoftpro.com reserves the right to modify these terms at any time.
Web Hosting - Service Level Agreement
99.9% Network Uptime Guarantee
In the event that network connectivity for your contracted services is unavailable for more than 0.1% of time in any calendar month, one full day's service credit will be awarded for each hour of downtime beyond the 0.1% threshold. The maximum credit awarded in any calendar month will not exceed 100% of that month's service fees.
Packet Loss over the Internet
esoftpro.com guarantees less than 1% average packet loss over the internet within the continental United States. Packet Loss is calculated by averaging measurements between various points on the esoftpro.com network during the calendar month. If our average packet loss is more than 1% in the US over a one month period, one full weeks's service credit will be awarded.
Latency over the Internet
esoftpro.com guarantees that the average monthly latency for round-trip transmissions will be 85 milliseconds or less within the continental United States. Latency is calculated by averaging measurements between various points on the esoftpro.com network during the calendar month. If our average latency exceeds 85 millisecond over a one month period, one full week's service credit will be awarded.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency if caused by or associated with:
Circumstances beyond esoftpro.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications, upstream providers or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the service level agreement.
Failure of access unless such failure is caused solely by esoftpro.com's scheduled and emergency maintenance and upgrades. DNS issues outside the direct control of esoftpro.com.
All claims for credit under this guarantee must be submitted to the esoftpro.com customer center and should be received no later than 7 days after the incident to which they relate. Customer must be current on all invoices in order to receive credit and all SLA credits will be applied to the next month's invoice.
Web Hosting - Terms of Service
Money Back Guarantee
All hosting accounts have a full money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to esoftpro.com, by the account holder, and to the bank account, credit or debit card or Paypal account the payment was originally paid from. Domain registration fees, and SSL certificate fees are not refundable. If we register a domain name or SSL digital certificates, on your behalf, as part of a free registration promotion, cancellation or termination of your hosting account will void the promotion offer and you will be charged $14.95 per registration years remaining on your domain name registration and you will be charged $34.5 per registration years remaining on your SSL digital certificates. If you purchase other esoftpro.com products and services as part of a discount promotion, cancellation or termination of your hosting account will void the promotion offer and the amount discounted will be deducted from the amount refunded.
You may cancel your hosting account at anytime and request a pro-rated refund excluding any domain registration fees ($14.95), SSL certificate fees ($34.5), and associated esoftpro.com products and services discounts. Refunds for hosting accounts cancelled after the first 30 days will be granted on the unused portion of the account. Partial months used will not be refunded. Any bandwidth overage will be deducted before refund is granted. In other words, esoftpro.com will refund you ONLY for the full months that you have not used and that you have prepaid for. To cancel your hosting account, and request a refund, you must submit a request via our online customer center
If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute.
You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account. We reserve the right to send announcements and invoices relating to your hosting account(s). No more than twice a month we may email you information on promotions or discounts relevant to services we offer. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. esoftpro.com will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage, that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses. All hosting account data backups are the account holder's responsibility. Although we do make regular system-wide backups of our hosting account servers, esoftpro.com is NOT responsible for data backup integrity or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy. By using the services of esoftpro.com, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts.
Unsolicited E-mail (anti-spam policy)
Accounts caught sending unsolicited, as defined by esoftpro.com*, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all esoftpro.com server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.
esoftpro.com reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 2001, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.
*Unsolicited is defined, by esoftpro.com as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use
If your hosting account, with esoftpro.com, goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our Cpanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month or unless you contact us for an upgrade.
Account Termination and Suspension
Violation of any of our Terms of Services will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by esoftpro.com, will be removed from our servers without notice. Abusive behavior towards the esoftpro.com staff, will not be tolerated and is grounds for immediate account termination. Any threats of legal action involving esoftpro.com, its owners and/or staff will be grounds for immediate termination. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through account logs and evidence that we provide. Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network. We do not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
This Terms of Service agreement may be amended, at any time, at the discretion of esoftpro.com. Notification of amendments will be emailed to the address we have on file in billing and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment. You are required to keep a valid and current email address on file with us, in your billing account. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
Domain Name Registration and Renewal Policy
All domain name registrations, transfers and renewals we offer are through Stargate Holdings Corp. We offer domain services through our Stargate Holdings Corp. affiliate program only. You agree not to hold esoftpro.com responsible for any domain name registration, renewal, transfer dispute. We believe they will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires. An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal.
Hosting Accounts: Individual hosting accounts setup on a server with other esoftpro.com customers.
You/your: All esoftpro.com customers and potential customers considering signing up for hosting account services with esoftpro.com.
esoftpro.com does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis.
Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. Further, esoftpro.com reserves the right to contact a user regarding matters relevant to the underlying service provided and/or the information collected.
Users also should be aware that non personal information and data may automatically be collected through the standard operation of esoftpro.com internet servers or through the use of "cookies." Information about "cookies" is usually available in the help section of most browsers.
If you do not want to receive e-mail from us in the future, please let us know by sending email message stating you do not want to receive e-mail from our company. Users should be aware it may be impossible to delete all references to a user without some residual information remaining because of backups and deleted records.
esoftpro.com reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement. This statement outlined herein is not intended to and does not create any contractual or other legal rights in or on behalf of any party.