Acceptable Use Policy (AUP) and Terms of Service (TOS) Eira Host issues this document. The company shall be known throughout this document as “EiraHost”. EiraHost agrees to provide the client web hosting for a monthly or annual fee. EiraHost will never require clients to advertise for EiraHost on their website in any way unless agreed upon such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

Content:

All services provided by EiraHost may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of Irish law (or in violation of the laws of any other country) is prohibited. This includes, but is not limited to; copyrighted material, material that is threatening or obscene, material that is “adult only” content, or material protected by trade secrets and other statues. The client agrees to indemnify and hold harmless EiraHost from any claims resulting from the use of the service which damages the client or any other party. A fair usage policy applies to all shared hosting accounts, with a maximum inode capacity per account of 50,000 (100,000 for business plan users). Please note: Your account is not to be used as a file store rather than to store active webpages/files which are publicly accessible from the Internet.

Banned Content:

This is also true for websites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. EiraHost will be the sole authority as to what constitutes a violation of this provision. Prohibited content includes:

  • Pirated software
  • Hacking programs or archives
  • Warez Sites
  • Porn
  • Spamming Software
  • Background-running Programs:

EiraHost do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases, we may allow programs to run continually in the background. These programmes will be considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Banned Scripts:

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

Scripts we do not allow include:

Scripts we do not allow include:
Chat servers/scripts of any kind are strictly prohibited. Formmail is not allowed on our servers. You can use formmail scripts but they must be up to date and not running with the filename “formmail”. Any files named “formmail” will be deleted without notice. The installation of Proxy servers is prohibited. Any Proxy scripts found on the EiraHost web servers will be removed without notice. Distribution and/or Transmission of Obscene or Indecent Speech or Materials. Violation of indecency and obscenity laws can result in criminal penalties. Clients may not:

  • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems. These include: 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 and AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • 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.
  • 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 15 minutes

Exceeding Your Plan’s Bandwidth

If you exceed your monthly bandwidth, you will be charged a small overage fee to cover the amount of bandwidth used (currently €1.50 + VAT per GB over the allocated monthly limit). When you reach 80% of your bandwidth limit for the month, we will endeavour to email the contact on your account a warning that you are approaching your bandwidth limit. Another notification may be sent when you reach 100% of your account’s bandwidth limit. If you exceed your bandwidth limit for the month, your account may be restricted. This restriction can be removed by contacting our support team. Overage charges will apply on all usage over the specified limit, regardless of whether your account is restricted or not. At the end of the month, your bandwidth overage will be totalled and you will be charged a per MB usage fee.

Limits per account

Currently we have the limits set for accounts on shared hosting available at our website.

Intellectual Property Rights:

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

Network Security:

Clients may not use the EiraHost Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. Clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. EiraHost will co-operate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. EiraHost reserves the right to modify firewall and/or security settings on its shared network while it carries out security reviews. This includes limiting outbound email in some circumstances.

Defamation:

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

Refusal of Service:

EiraHost reserves the right at its sole discretion to refuse or cancel any services. Violation of any of EiraHost’s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for clients paying annually are released to the client at the end of their hosting period. Domains terminated due to policy violations will not be released to the client (e.g. Fraud).

Spam Or Unsolicited E-Mail:

You must not use the EiraHost Network, EiraHost equipment or any EiraHost email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the EiraHost Network, EiraHost equipment or any EiraHost email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, EiraHost reserves the right to disable your domain without warning. In addition, EiraHost may impose a €150 penalty for each spam policy violation. EiraHost solely reserves the right to refuse or cancel services to known spammers. Lastly, EiraHost reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. In an effort to minimise spam emails and protect out IP space, all shared hosting accounts have specific email limits per hour. Please refer to the EiraHost.ie product pages for individual limits.

Indemnification:

The client agrees that it shall defend, indemnify, save and hold EiraHost (or its employees/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against EiraHost, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, it’s agents, employees or assigns. The client agrees to defend, indemnify and hold harmless EiraHost against liabilities arising out of; (1) any injury to persons or property caused by any products sold or otherwise distributed in connection with EiraHost server; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. The client agrees to limit the liability of EiraHost to the amount paid for service.

Domain Registration Only:

If a client does not provide valid name server details for purchases of a domain name only order, EiraHost will park the domain on its servers. EiraHost may include revenue generating advertising on the parked page for any domain. Clients can change the name servers at any time to point their domain away from the parking page, by using the online tools provided. EiraHost is a NordName tag holder. All domain registrations are covered by Nordname’s terms and conditions which much be accepted before domain registration. Nordname terms can be found here: https://nordname.com/files/General-Terms-and-Conditions.pdf. All charges relating to new domains can be found on our website here https://eirahost.ie/cart.php?a=add&domain=register. Clients will receive notification at least 30 days in advance of a domain expiring. This will be done via email and also by invoice. Clients can renew their domain through the client area 24/7 in advance of the renewal date or by paying the invoice generated for a domain’s renewal. There are no fees to transfer a domain away from EiraHost, save any pre-agreed fees between EiraHost and the client for renewal or other work done on their account. EiraHost do not penalize clients for moving their domain to another provider in any shape or form – your domain is your domain to register through whom you wish.

Technical assistance for domain registration is provided by email only. Please email us at support@EiraHost.ie. Once a domain is registered the fees are non-refundable under any circumstances, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. IE Domains are subject to the Terms and conditions of registration as detailed on the www.IEDR.ie website – Applications for .ie registrations may not be submitted to the registry until all documentation and all requirements are supplied by the client. Your domain may remain available to anyone else until this information is received by us and processed. For .ie registrations that are rejected by the registry a full refund will be issued. For .ie registrations that are not completed because we have not received the required documentation from the client a refund of 70% will be issued. Domain transfers (.com, .net, etc). When transferring your domain to EiraHost, it is important to ensure that the domain is unlocked, the email address associated with the domain is valid and can be accessed, and that any ID protection is removed prior to starting the domain transfer process. Once the domain transfer process is started, you will receive an automated email requesting confirmation of the transfer and also to enter your EPP transfer key. If you do not receive this, please check that the details on the domain are correct, and then contact our support team to restart the transfer. EiraHost cannot be held responsible if the domain does not transfer as a result of any of these steps not being taken. The domain status in billing does not reflect that the domain is actually transferred and only indicated that the transfer order has been accepted. We offer a 30 day “money back” guarantee for our shared hosting service. If you are dissatisfied with the hosting service provided, you can request a refund of all monies paid for shared hosting services only (excludes VPS, PC backup, site builder and domain registration). Any other fees paid are non-refundable, or subject to a reasonable administration fee proportionate to any work we have carried out (e.g. setup, support desk requests, etc). Domain registration fees are not refundable under any circumstances. This 30-day money back guarantee applies only to cancellation requests received within the first 30 days after sign-up and does not apply to hosting renewals. You must read and accept the following registration agreement as per requirements from one of our registration providers here: https://opensrs.com/docs/contracts/exhibita.htm Please familiarize yourself with your ICANN registrant rights also here: http://www.icann.org/en/resources/registrars/registrant-rights/educational WHOIS Privacy services carry a fee at time of renewal. You will have the option to cancel this should you choose to.

Website Builder:

Terms and conditions relating to our Website Builder Service (the “Service”)

The Service is provided by a third party company, Weebly and is referred to as the “Website Builder Platform Provider” and Branded by EiraHost as “Website Builder”. This Schedule along with our Terms and Conditions and Acceptable Use Policy relate to the sale and provision of the Service through us. In conjunction with these terms, you also agree to the “Terms of Service” for Weebly which are published at https://www.weebly.com/ie/terms-of-service and the “Privacy Notice” for Weebly which is published at https://www.weebly.com/ie/privacy

Definitions
In this Schedule:
“Brand Features“, “Branded” means all trademarks, service marks, logos and other distinctive brand features.
“The DEMO“, “Free Trial“, means the free version of the Service which may become available from time to time.
“Links” means button pointer graphic text (including our Brand Features) incorporated within your Site, which permit users to navigate directly to our Site.
“Product” means any item offered for sale through our Site.
“Site” means either your World Wide Web Site or one belonging to us.
“User” means a visitor referred to our Site through the Links on your Site.
“Website Builder Platform Provider” means the third party agent responsible for delivering the website builder and editor.
“Hosting” means the space your website occupies on the internet, allowing it to be published for others to see. Your emails also reside on your hosting account.
“Email” means the provision of email and webmail services.

Service

  1. A description of the Website Builder packages and services we offer can be found on our website https://www.EiraHost.ie/website-builder/
  2. Website Builder DEMO is offered as a free version of our Website Builder Service to allow you to try the software and will have a default Weebly footer which links to the Weebly website. The Demo version does not come with the necessary Website Hosting to enable the website to be available online or any additional email services.
  3. We aim to set up the Hosting required to put your website live within twenty (20) minutes of receiving your order and will send you an email to advise you of your user name, password and other information to the email address supplied at the time of order.
  4. You acknowledge that unless otherwise agreed in writing with us, any set up time for Hosting (“Delivery Date”) we give to you is a guideline only and we do not guarantee that it will be met.
  5. You acknowledge that the email services provided as part of the Hosting have storage quotas. This may be by reference to the number of emails held, the size of attachments, or other methods we may specify. This is in place to protect your account and other accounts from potentially large volumes of email sent to a single address that could materially affect the email system server. It is your responsibility to ensure that your mailbox does not reach its allocated level. We will not be liable for any email lost due to full mailboxes.
  6. We may occasionally impose limits on your storage space or data activity if we impose any limits, we will give you twenty-four (24) hours advance notice of any limits by email.
  7. We may occasionally need to change these limits either for operational reasons, or because we reasonably believe you have not been using the services in accordance with our Acceptable Use Policy. If we do so, we will endeavour to give you twenty-one (21) days advance notice of the new limits by email and after that notice expires we may refuse to accept material and/or remove materials which exceed the relevant limits.
  8. In the event that you exceed your quota then we reserve the right, by written notice to request that you upgrade to a Service with a high quota or, where the maximum quota allowable has been reached, to delete the content in excess of the quota. You are required to manage and effectively remedy any issues with your Services within seven (7) working days of our written request. We reserve the right to suspend your services if the request made in this Clause is not actioned
  9. If you reasonably believe that the service delivered to you on the Delivery Date does not meet the specifications, you must notify us of this via your account within ten (10) working days of the delivery, and we will then use all reasonable endeavours to resolve the issue within ten (10) working days. “Working Day” shall mean a day falling on a Monday to Friday which is not a bank or public holiday.
  10. If you do not notify us of any failure within ten (10) Working Days of delivery or, where we have carried out remedial work pursuant to this Schedule, within ten (10) Working Days of us completing that remedial work (as notified to you by us), you will be deemed to have accepted the service as delivered.
  11. We reserve the right to amend the service, at any time, provided that this amendment does not materially detrimentally affect the service.
  12. after that notice expires we may refuse to accept material and/or remove materials which exceed the relevant limits.
  13. You hereby acknowledge that you will never physically access the servers and platforms and you will not be provided with any equipment or device.
  14. First line technical support for the Service is provided by EiraHost.

Charges

  1. You are responsible for ensuring that your allowances do not exceed those set as part of your package/service
  2. If your usage either exceeds the allowance set as part of your package/service or reaches the point where it has an adverse effect on other clients we reserve the right to:
    1. Disable your site, without prior notice, until you can reduce your bandwidth usage; or
    2. Charge you for excess usage, over and above your package allowance, as published by us from time to time.

Activation of Service

  1. In order to activate the Service, you need to login to your account with us and follow the instructions supplied under Website Builder.
  2. If a Free DEMO is available on the Product, you need to ensure you have provided us with username, password, valid email address and Domain Name.

Duration

  1. The Contract for the provision of the is from date of signup and/or order. At end of your subscription, your Website Builder account and its content will be frozen and/or deleted, unless the subscription is extended.

Requirements for Service

  1. The Service must be used in respect of a registered Domain Name.
  2. You hereby accept that the sole purpose of this Service is the hosting of website files on our servers and platforms and for email. You acknowledge that it is strictly forbidden to use the storage capacity allotted for any other purpose, such as, but not limited to, for the storage, backup, or archive of electronic files, documents, log files etc. We reserve the right to suspend the services and/or to cancel the Contract in such case.

Websites created and content submitted

  1. By submitting content to the Service for the creation of a website, you grant us and the Website Builder Platform Provider a world-wide, royalty-free, and non- exclusive license to reproduce, modify, adapt and publish the content.
  2. You acknowledge that EiraHost and the Website Builder Platform Provider are acting only as a passive conduit for the publishing and/or distribution of such content. EiraHost and the Website Builder Platform Provider undertakes no responsibility to review a Site, the products or services listed therein or any other content or client data, including, but not limited to, user-generated content published and/or distributed on the Site to determine whether any such product, service, company content, or client data may incur liability to third parties.
  3. We make no representations or warranties about any third-party images and or software offered in connection with the Website Builder Service and expressly disclaims any liability or responsibility regarding the same. You acknowledge and agree that you will protect, defend, indemnify and hold harmless EiraHost from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of third- party images and or software.
  4. Violation of our or Weebly’s Acceptable Use Policy, may result in temporary suspension or permanent termination of one or more service at our sole discretion. We do not issue service credits for any outages incurred though service disablement resulting from policy violations.

Security

  1. We try to ensure server security and integrity of data at all times. However, despite our efforts, issues may occasionally arise which are beyond our reasonable control. Where an issue does arise with a specific service, we will use all reasonable efforts to resolve the problem. However, we do not guarantee that we can restore any lost or corrupted data and we will have no liability for the loss or corruption of any data. It is your responsibility to ensure that you back up your data as necessary for you.
  2. Whilst we do our best to block infected files, we cannot guarantee that we will prevent all infected files from being uploaded, sent or recieved. We cannot be held liable for any virus infections caused by visits to your site.

Your obligations

  1. You must notify us if you become aware of any unauthorised use of all or any part of the Service.
  2. You will maintain and keep confidential all user names and passwords and not disclose them to any unauthorised party. If you have any reason to believe that any such confidential information has become known to an unauthorised party, you should inform us immediately by contacting our Customer Care team.
  3. You undertake to allow us access at all reasonable times to perform maintenance or other actions necessary to ensure continued access to the Internet.
  4. You will be liable for all activities or charges and associated costs resulting from use of the service whether or not authorised by you and you acknowledge that we will not be liable for any loss of data or confidential information or other damage arising from such use.
  5. You represent that you have sufficient technical knowledge to enable you to make use of the service. You also represent that you know the nature of shared hosting and notably that the servers and platforms are shared with other clients.
  6. Failure to comply with any of your obligations as set forth herein or any use of the Service for illegal purposes or if the use of the services by you or by any party harms or affects the servers, platforms, quality of service or networks of EiraHost, other clients or third parties, we reserve the right to suspend the services, even without prior notification, and possibly cancel the Contract. You remain solely responsible for the suspension and/or the cancellation of the services and for any direct and indirect consequences that may arise. You formally accept that no refund, voucher, or any other type of compensation will be issued in case of suspension and/or cancellation.

Ownership of data and indemnity

  1. All data created or stored by you within our applications and servers is your property
  2. We will allow access to such data only by our authorised personnel.
  3. You will indemnify us and keep us indemnified against any claim, loss or damage in respect of any web server content, email content or any other data contained within your server space or within applications on our servers.

Termination.

  1. On termination for any reason, we will cease providing the services and the content in your Hosting and the Email in your mailboxes will be deleted.

Remedies and Limitations

  1. Our total liability in relation to the Website Builder, Email and Hosting services whether, in respect of any breach of this Schedule, negligence, any act or omission on our part, whether intentional or otherwise, shall be limited to the total fees paid by you to us in the twelve (12) months preceding the event giving rise to liability for the Website Builder, Email and Hosting services.
  2. We accept no responsibility for any delay, lack of connection, slow connection, loss of data, loss of usability, or any similar or related issues due to, but not limited to any of the following: (i) the active or passive negligence, of us, you or any third party; (ii) downtime due to scheduled or emergency maintenance; (iii) an upgrade, downgrade or alteration to the services; (iv) any hard failure (including issues caused by other users on the hardware); (v) your systems incompatibility with the services; or (vi) your error.

Liability

  1. You acknowledge that you have sole responsibility and liability for the design and maintenance of the website and for ensuring that it does not infringe the intellectual property or other rights of any third party and is not illegal. You are responsible for securing your website and for making sure your files, scripts and any other elements are up-to-date, safe and secure at all times.
  2. You acknowledge that we have no control over any content placed on your website (either by yourself or by website visitors) and that we do not purport to monitor your website content or software. Without prejudice to our rights of termination in the Terms and Conditions, we retain the right without liability of any kind, but shall not under any circumstances be obliged, to immediately and without prior notice to you, remove content or software from your website, or suspend the service, where we become aware or reasonably suspect that such content or software constitutes illegal (including defamatory) material, infringes the intellectual property, or other rights, of any third party, or is in breach of our Acceptable Use Policy.
  3. We do not guarantee the proper delivery of any email message or other data once it has left the confines of our network, and similarly we do not guarantee that data traffic will be delivered or that its contents will be held secure once it passes out of our control.
  4. Where we supply third party equipment, software or applications, our responsibilities are limited to the level of warranty provided by the third party.

Support:

EiraHost strive to have the fastest response times within the industry. At a minimum, your query will receive a reply within 1 working day. However, our technical support department average less than 2 hours for a response to your query. Please note, our billing and sales teams do not work at the weekend therefore queries logged with these teams will be generally answered Mon-Friday within business hours. Please phone us if you have an urgent query.

EiraHost understand that when you need support, you and your staff rely on us to provide it. Our knowledgeable, patient and timely support is what sets us apart from other providers. However, management reserve the right to limit your access to this support in instances where 5 monthly support tickets or 60 minutes per month of support is consumed on our non-dedicated and VPS management plans (shared/resellers).

Clients who require extra support have the option of paying for the additional help to cover our staff’s time in providing this assistance. We will quote clients on a case by case basis as the need arises. Management’s decision in this regard is final.

Refunds Policy:

You may cancel your account at any time before your next billing date, and you will not be billed for the next period. If your account is set up for automatic renewal payments (with card details saved on file), payment will be taken automatically 2 days before this date. To avoid unwanted charges, you must cancel your domain/service before automatic payment. If your refund claim is outside of our 30 day offer then we cannot refund any payments made.

Billing:

This is a subscription service. Credit card details used at time of purchase are billed on a recurring basis (depending on the payment term selected). Emails are issued to confirm payment and to ensure continuity of service, payment is taken unless otherwise instructed. As per our invoices, payments are charged 2 days before an invoice due date to avoid service interruption. Failure to renew the subscription at the end of the billing term will result in service suspension.

Complaints:

You can make a complaint for review by our management team by emailing support@EiraHost.ie and marking your complaint for the attention of the manager. We will revert to your query within 5 working days. If you are not satisfied with the reply you receive, you can address your complaint in writing to “Complaints C/O EiraHost, 5, Lake Crescent, Kilminchy, Portlaoise, Co. Laois, R32TYR1, Ireland” and this will be answered within 5 working days.

Disclaimer:

EiraHost is not responsible for any damages your business may suffer. EiraHost makes no warranties of any kind, expressed or implied for the services we provide. EiraHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EiraHost and its employees. EiraHost makes no “uptime” guarantees. EiraHost keeps backups of key server systems only and these backups are not available for client use. EiraHost can accept no responsibility for any loss of data or consequences arising from this. EiraHost always advises clients to back up their website data regularly for their own protection. Other backup systems provided are given as a courtesy only, and should not be depended upon for ensuring your data is secure. EiraHost furthermore expects that its clients who provide hosting services (resellers) to others will ensure its clients fully comply with all applicable laws concerning the privacy of online communications and any other policy of EiraHost. A client’s failure to comply with those laws will violate this policy. If a client provides hosting services (resellers) to others and decides to cancel their reseller hosting account with EiraHost then EiraHost will not be responsible for maintaining hosting for the resellers’ clients. All communications (emails, verbal or written) are between EiraHost and the client. These communications are private and are therefore not to be shared with any other parties. Finally, EiraHost wishes to emphasize that in accepting services, clients indemnify EiraHost for the violation of any law or EiraHost policy, that results in loss to EiraHost or the bringing of any claim against EiraHost. This means that if EiraHost is sued because of activities of the client that violate any law, or this policy, the client will pay any damages awarded against EiraHost, plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. EiraHost reserves the right to change, edit, or update the policies contained in this document at any time for any reason without notice.

 

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