Terms of Service
The use of services from Ebwae.com, [hereafter referred to as "Ebwae"] constitutes agreement to these terms.
You may view our Privacy Policy here.1.) Account Setup / Email on file
We will setup your
account after we have received payment and we and/or our payment
partner(s) have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or
we need to contact you, the primary email address on file will be used
for this purpose. It is your responsibility to ensure the email address
on file is current or up to date at all times. Providing false contact
information of any kind may result in the termination of your account.
In case of high risk transactions, it will be
necessary to provide government issued identification and possibly a
scan of the credit card used for the purchase. If you fail to meet
these requirements, the order may be considered fraudulent in nature
and be denied.
2.) Content
All services provided by Ebwae may only be used for lawful purposes. The laws of the Commonwealth of Puerto Rico, and the United States of America apply.
The customer agrees to indemnify and hold Ebwae harmless from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of sale
of any counterfeit merchandise of a trademark holder will result in the
immediate termination of your account. If you believe that your copyright or
trademark is being infringed upon, please email
with the
information required. A list of required information may be found here. If the request is
of a licensing issue, we may require further documentation.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse ebwae.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited
to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such
as username and password. It is required that you use a secure
password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and
your password is found to be weak, we will notify you and allow time
for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
without notice.
Please read
http://www.ebwae.com/mailpolicy.html for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Ebwae reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Ebwae reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Ebwae.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Ebwae, in advance of the time period during which such services are
provided. You agree that until and unless you notify Ebwae of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing via the
cancellation form
provided. Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of Ebwae, it is your responsibility to
ensure that your payment information is up to date, and that all
invoices are paid on time. Ebwae provides a 10 day grace period
from the time the invoice is due and when it must be paid. Any invoice
that is overdue for 10 days and not paid will result in a $10 late fee
and/or an account suspension until account balance has been paid in
full.
Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you require assistance
with this provision, please contact
Ebwae reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Ebwae is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on Ebwae servers.
6.) Cancellations and Refunds
Ebwae reserves the right to cancel the account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a
cancellation form.
Ebwae gives you an unconditional 30 day money back guarantee on managed
shared hosting for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Western Union Payments
- Checks
- Money orders
There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on
the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension.
Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup
system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, 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 seems to be 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 our inode limit. 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
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
Each of Ebwae's managed shared servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to administrative fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of Ebwae
dependant upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please contact
with justification. All requests must be made in
writing via email. Uptime guarantees only apply to shared solutions.
10.) Shared
Shared
accounts may not resell web hosting to other people.
11.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Ebwae.com, and
the right to increase the amount of resources given to plans at any time.
12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Ebwae
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Ebwae, 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, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless Ebwae against liabilities arising out of;
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Ebwae; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customers from Ebwae's server.
12b.) Language
This Agreement has been executed in english language.
12c.) Applicable Law
This Agreement shall be governed by and construed under the laws of the Commonwealth of Puerto Rico.
12d.) Conflict Resolution
All disputes arising out of or in connection with this Agreement shall be settled in the Court of First Instance of San Juan, Puerto Rico(Tribunal de Primera Instancia, Sala de San Juan, Puerto Rico).
13.) Entire Agreement
This Agreement constitutes the entire agreement between the parties with regard to its subject matter, and no prior, simultaneous or collateral promises or representactions not expressly contained herein shall be of any force or effect.
14.) Non-Contestation of Rights
The user and/or customer shall not contest the validity of Ebwae's trademarks, Ebwae's copyrights, or Ebwae's property rights to know-how, indormation, and improvements That Ebwae has made available to the user and/or client under this Agreement.
15.) Non-Competition
User and/or customer shall not, during the term of this Agreement, use our services to engage in businesses that competes with or has a similar use or application as Ebwae.
16.) Disclaimer
Ebwae shall not be responsible for any damages your business may suffer.
Ebwae makes no warranties of any kind, expressed or implied for services
we provide. Ebwae disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions caused
by Ebwae and its employees.
17.) Disclosure to law enforcement
Ebwae may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber only upon
lawful request from such agencies.
18.) Changes to the Terms Of Service
Ebwae reserves the right to revise its policies at any time without
notice.
If you have any questions please click Here.