Terms of Service
Our License Agreements
Terms of Service: Hosting
Acceptance of Enciva LLC Terms of Service
This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "Member") and Enciva LLC. This Agreement governs the access and use of all products and services, including but not limited to Enciva LLC Web Sites, for which Member registers and which are provided by or through any web site or co-branded web site owned or controlled by Enciva LLC, or any successor web sites (collectively, the "Service"). If member does not agree to the terms of this agreement , do not purchase or use the service.
The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for Enciva LLC to update or revise certain provisions of the Agreement. By signing up for any Enciva LLC Service and accepting this Agreement, Member agrees that Enciva LLC may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by Enciva LLC, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's Enciva LLC Service ("Member's Account"). Notwithstanding the foregoing, Enciva LLC reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
Use of the Service
Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Web sites, (collectively, "Member Site")in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of Enciva LLC, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.
Enciva LLC reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the Enciva LLC Web Site. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to register. Member hereby authorizes Enciva LLC to charge Member's valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. Member's Service and Account will automatically renew at the end of each subscription period, unless the Service or Member Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Member Account, these fees will be billed automatically to the Member's designated valid and current credit or debit card at the start of each renewal period, unless Member terminates the Service before the relevant period begins. Member further acknowledges that it is Member's responsibility to notify Enciva LLC of any changes to Member's credit card and to update Member's credit card number if Member's credit card has expired otherwise Member's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars or Pounds Sterling. Enciva LLC shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.
Enciva LLC reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which Enciva LLC does not currently charge a fee) at any time, provided, however, that Enciva LLC will provide Member with reasonable notice prior to making any fee changes. In addition, Enciva LLC will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Site(s). If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Account at any time and Enciva LLC WILLrefund any remaining portion of Member's prepaid fees when Member cancels any part of the Service or Member's Account.
Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that Enciva LLC may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to Enciva LLC. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify Enciva LLC of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify Enciva LLC within sixty (60) days, Member waives any right to dispute such problems or discrepancies.
Set up Fees, Domain Registrations, Domain Transfers, Dedicated Servers, VPS, and Third Party Licensing Fees (eg Plesk and cPanel for VPS plans ) are non-refundable and will not be refunded under any circumstances.
IRC: All forms of IRC clients and IRC servers are prohibited on all shared and VPS hosting plans.
Enciva LLC Customer Support
General Support Services
Enciva LLC offers free, unlimited email, ticket, and, with some plans, toll free phone support with all of it's packages. Members in good standing may submit an unlimited amount of support related questions or concerns via our support desk.
In order for Member to participate in the Service, Enciva LLC will require Member to provide specific information about Member and/or and Member's business. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at a all times. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify Enciva LLC for such actions.
Member Account Limitations
Member hereby acknowledges that Enciva LLC may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Web Site will be retained by Enciva LLC, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Web sites per Member Account, (e) maximum number of photographs or other data according to the type of Member Account, (f) maximum limits on the number of pages within each Member Web Site, and (g) maximum time limitations for the retention of Member Content following an account cancellation. Enciva LLC further reserves the right to delete at any time without prior notice duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that Enciva LLC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that Enciva LLC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member also acknowledges that any references to unlimited Web sites offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. Enciva LLC reserves the right to charge member for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees..
Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not Enciva LLC, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not Enciva LLC, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.
Enciva LLC does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. Enciva LLC reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. Enciva LLC also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in Enciva LLC's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
1. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers;
2 post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable;
3 post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4 post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5 post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of Enciva LLC, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
6 post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on Enciva LLC's infrastructure that exceed the limits provided by the Service for which Member registered;
7 post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
10 forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
11 promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
12 sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause Enciva LLC to violate any law, statute or regulation.
13 post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a mi
Enciva LLC may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, Enciva LLC may request Member to place all or any portion of the Member Content behind password protection if Enciva LLC determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If Enciva LLC has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If Enciva LLC requests Member to place any Member Content behind password protection and Member fails to do so promptly, Enciva LLC reserves the right to (a) place such content behind password protection itself, or (b) terminate Member's Account.
(B) Enciva LLC AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL Enciva LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Enciva LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL Enciva LLC'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO Enciva LLC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither Enciva LLC nor its suppliers is responsible for any of Member's data residing on the Service or Enciva LLC's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or Enciva LLC's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Enciva LLC Sites in accordance with these Terms of Service.
You further represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances (collectively, "Laws") regarding your business, the sale and use of the Products, and as otherwise related to this Agreement and Customer's performance hereunder;
Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.
Enciva LLC provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from Enciva LLC. The Software is owned by Enciva LLC and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of Enciva LLC and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
Member agrees to indemnify and hold Enciva LLC and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Content and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Site and/or to Enciva LLC and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Member's relationship with Enciva LLC or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Enciva LLC and/or its suppliers, affiliates, partners, subsidiaries and employees.
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by Enciva LLC, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Enciva LLC (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of Enciva LLC. Any rights not expressly granted herein are reserved.
Enciva LLC reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that Enciva LLC shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that Enciva LLC shall have the right to remove any feature from the Member Site, with or without notice to Member, at any time at Enciva LLC's sole discretion, if Enciva LLC discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.
Either Member or Enciva LLC may terminate or cancel Member's Account (or any part of the Service) at any time. If you have pre-paid for any services, Enciva LLC will refund any un-used portion of the service. Set up Fees, Domain Registrations, Domain Transfers, Dedicated Servers, Third Party Licensing Fees (eg Plesk and cPanel for VPS plans ) are non-refundable and will not be refunded under any circumstances
Member must provide us with the following information in order for us to process the cancellation: The name of the Service that Member would like to cancel, Member's username and password, Member's email address, Member's billing information, including the credit card number that the member used when purchasing the Service
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Enciva LLC's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of Enciva LLC, and any such attempted assignment shall be void. Enciva LLC shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between Enciva LLC and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.
The Services hereunder are offered by:
Enciva LLC, located at 3635 S Ft Apache Road Suite 200-234 LasVegas, NV 89147.
Independent Review MEMBER ACKNOWLEDGES THAT MEMBER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT MEMBER AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
Internet Domain NamesEnciva LLC has chosen independent Third Party Domain Name Vendors ("TPDNVs") who are ICANN accredited registrars, to provide domain name registration services. Member hereby authorizes Enciva LLC if requested, to transfer in or acquire Member's selected domain name from TPDNVs. In order to receive a domain name, Member must agree and remain agreeable through the use of the Domain Name, to the TPDNVs' terms of service which the TPDNVs may change at any time in their sole discretion to the TPDNVs' terms of service. Member understands that Member is creating a separate contractual relationship between Member and the TPDNVs, and that Member, and not Enciva LLC, is responsible for all liability, and obligations in connection with that relationship.
If, after registering one or more domain names that are included with any Enciva LLC Service package, because of a customer's incorrect registration of a domain name or otherwise, member chooses to delete a previously registered domain name and subsequently register one or more additional different Domain Names, Customer will be charged the resulting Domain Name registration fees.
Member will be listed as the registrant and administrative contact in connection with Member's domain name; however, Enciva LLC may temporarily list itself as the registrant and administrative contact in the event that it changes to a different TPDNVs until the TPDNVs change is completed. Member hereby authorizes Enciva LLC to list itself as the billing contact, technical contact and name servers in connection with Member's domain name and to take any actions Enciva LLC deems appropriate in those capacities. However, upon termination of the Service, Enciva LLC will immediately cease acting in those capacities including switching registrars. After such time, Enciva LLC will not be responsible to forward any notices, emails or other correspondence to Member or to take any other actions in connection with Member's domain name. Additionally, in the event that a Member account is suspended by Enciva LLC for lack of payment or any other reason, Enciva LLC shall not renew any domain names that may become due for renewal during the suspension of the account. Member will be solely responsible for all ongoing fees, as well as removing Enciva LLC as the billing, technical contact and name servers in connection with Member's domain name.
Money Back Guarantee. is limited to new customers only. Enciva LLC reserves the right to refuse services to any customer. All Domain Registrations Fees, Domain Transfers Fees, Dedicated Server Fees, VPS Hosting, and Third Party Licensing Fees (eg Plesk and cPanel for VPS and dedicated plans ) are final and non-refundable.
Last updated 5/12/2019
Enciva LLC (HQ)
3635 S. Fort Apache Road
Las Vegas, Nevada 89147
Tel (US): 702 757 1899
Tel (EU): 44-208-819-9664