All users of Ennoble Host services, and all customers upon signing up for Ennoble Host services, agree to comply with Ennoble Host Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using Ennoble Host services with due regard to the rights of other Internet users and in conformity with the requirements of Ennoble Host network environment. The TOS are not exhaustive and Ennoble Host reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to https://ennoblehost.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to [email protected].
When you agree to the terms, you are also agreeing to our Billing terms. Please read more info on our billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of Ennoble Host, this TOS supersedes any other agreement with Ennoble Host, whether written, oral, by conduct, or otherwise.
Server Restrictions & Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level, or upgrade to one of our other plans. Ennoble Host will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Ennoble Host customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Ennoble Host server, and selling or distributing software (on a Web site residing on a Ennoble Host server) that facilitates spamming. Violators will face immediate suspension. Ennoble Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Signing up for multiple FREE Trial Offers using multiple accounts is considered spamming and abuse of our FREE Trial service(s). Anyone that is considered abusing our service(s) will have any or all accounts suspended.
Ennoble Host guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network and web server uptime. It does not cover any areas where ennoblehost.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, denial of service attacks, or connection issues between the client's location and the ennoblehost.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that ennoblehost.com cannot directly influence. Uptime is monitored within Ennoble Host server and any third party monitoring software will not be honored. In the event that ennoblehost.com does not meet the 99.9% uptime guarantee a hosting credit will be issued to the customer's web hosting account. Credit added will be 1 additional month of hosting service for every 8 hours of downtime that exceeds the 99.9% guarantee.
Ennoble Host does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
Software Distribution & Gaming
Ennoble Host web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material. Running any online gaming is prohibited due to intense CPU and memory usage.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with Ennoble Host will be the individual or organization whose name is listed in Ennoble Host database as the owner. Customers will fully cooperate with and abide by any and all of Ennoble Host security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Ennoble Host.
Ennoble Host servers may be used for lawful purposes only! Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Ennoble Host services, all Ennoble Host customers certify that they and/or the organization they represent in procuring services from Ennoble Host are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Ennoble Host customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by an Ennoble Host customer (per the DMCA) to Ennoble Host must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Ennoble Host sole discretion.
Child Pornography & Pornography
The use of Ennoble Host services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Ennoble Host is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, our services. We wholeheartedly cooperate with law enforcement officers if or when such situation arises.
Ennoble Host customers agree to protect, defend, hold harmless, and indemnify Ennoble Host, any third party entity related to Ennoble Host (including, without limitation, third party vendors), and Ennoble Host executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Ennoble Host services.
Ennoble Host services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Ennoble Host expressly disclaims any representation or warranty that the Ennoble Host service will be error-free, secure or uninterrupted. No oral advice or written information given by Ennoble Host, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Ennoble Host and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ENNOBLE HOST (INCLUDING, WITHOUT LIMITATION, ENNOBLE HOST EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ENNOBLE HOST SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ENNOBLE HOST SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ENNOBLE HOST SERVICES EVEN IF ENNOBLE HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENNOBLE HOST TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ENNOBLE HOST SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ENNOBLE HOST OR ENNOBLE HOST REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Ennoble Host may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Ennoble Host services. Certain changes to Ennoble Host services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Ennoble Host is not liable, for any and all such personalized applications and content, except as expressly agreed to by Ennoble Host.
Backup of Data
Ennoble Host maintains, as a convenience to its clients, regular automated data backups on accounts equal to or less than 10 gigabytes in total size. This service is included with all our active hosting accounts and is provided at no additional charge.
While Ennoble Host maintains the previously stated backups, this service is provided as a convenience only and Ennoble Host assumes no liability as to the availability or completeness of client data backups. Each client is expected and encouraged to maintain backup copies of their own data. Ennoble Host will provide, upon request, one (1) data restore per four (4) calendar months free of charge. Additional data restores may be provided but are subject to additional service fees. Upon Cancellation or Suspension for nonpayment, all data is purged from the server effective immediately.
Governing Law and Severability
The TOS, and any other agreement for Ennoble Host services, will be governed by and construed in accordance with the laws of the State of Missouri, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Ennoble Host will take place in Missouri, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Ennoble Host agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Ennoble Host and its customers. Each of Ennoble Host and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction & Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for Ennoble Host services, constitutes the complete understanding and agreement between Ennoble Host and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Ennoble Host, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Ennoble Host services are between Ennoble Host and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Ennoble Host.
The following outlines the scope and limitations of support Ennoble Host offers its clients. Since web hosting has such a large mixture of customer supplied software and third party products, it is important to us to specify what services fall under the responsibility of our company and what services fall under the responsibility of the customer and/or third party vendors.
Common web based services. We continuously monitor and ensure all services are operating normally such as FTP, email, cPanel, MySQL and PHP. If you believe these services are not functioning correctly, we will manually check for you.
Server Management. We will maintain, secure, and configure all software that reside on our server. This includes Apache, MySQL, and PHP. As a result, software packages installed may not always be the latest version available or compatible with your own software. Please check with our support staff if you have any questions regarding compatibility.
Hardware Maintenance. We continuously monitor and maintain our server hardware. In the event of a hardware failure, we will repair the issue as soon as we are able too.
Premium Support Services Basic Script Installation. We provide installation services on specific third party scripts. We do not provide support or information on how to use the scripts or its features. We will not install any plug-ins or perform any customization to your scripts after the initial installation. Since these products are provided by third party vendors, we are unable guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.
Backup of Data. All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration; however, we do not guarantee the availability of lost data. Customer requested changes. In the event a customer requests a change that will affect the daily operation of the account, we will notify the client of any configuration changes that needs to be made to the software on their account beforehand. It is the client's responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.
Customer Responsibility. Basic computer and Internet knowledge, it is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.
Domain Names. If your domain name is not registered with us, you are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.
Email Client Configuration. We can assist you with the most basic settings for an email account with your preferred mail client, such as RoundCube or Horde. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third party email accounts.
FTP Client Configuration. Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.
Scripts & Applications. You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.
Refusal of Service
We reserve the right to refuse, cancel or suspend service at our sole discretion, including but not limited to spamming and the abuse of staff or our servers. All sub-networks, distributive hosting sites of ennoblehost.com must adhere to the above policies.
Billing & Renewal Terms
We list out a complete and detailed term for our billing terms which includes but limited to our free domain name, pricing, cancellations and anything that is related to billing. Please read more info on our billing terms.
Third Party Providers
You agree that certain services may be provided by third party providers of Ennoble Host and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.