Terms of Service

 

Modifications

Earthorlando Hosting, Inc. reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changed Earthorlando Hosting may reasonably make to this agreement when such changes are made. If you have purchased services or software from Earthorlando Hosting, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

You agree that you will be responsible for notifying Earthorlando Hosting should you require to terminate your use of Earthorlando.s services. Notification of your intent to terminate must be provided no earlier than 5 days prior to your billing date.

 

Privacy

Earthorlando web hosting will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only.

 

Satisfaction Guaranteed

90 Day Guarantee Statement for Shared and Reseller Accounts ONLY: If for any reason you are unhappy with the services you receive from Earthorlando during the first 90 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

 

New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and Earthorlando Hosting, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive.

Domain Names and Domain Transfers

In order for your domain name to point to the Earthorlando server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to EarthorlandoDomains and away from your original registrar. You must create an account at Earthorlando.com and initiate a transfer. A domain transfer is $9.95 and that goes toward one year of registration with Earthorlando Domains, added on to your current registration period with the previous registrar.

Domain Transfer Requirements

1. Domain must not be expired with the current registrar
2. Domain must not be locked
3. Administrative contact email address on the domains WHOIS record is active and checked by domain owner
4. Domain is more than 60 days old from date of initial registration
5. Must have the correct EPP key (obtained by the current registrar)

Earthorlando Hosting will take necessary steps to register new domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. Earthorlando Hosting does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

 

Payments

All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card. We also accept Paypal payments (but can not charge Paypal accounts automatically) and check payments (if annual renewal is being paid). All hosting packages will be due for renew on the 1st of each month. All hosting plans renew automatically and payments will incur unless you submit proper cancellation of your account.

Late Payments If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that EarthorlandoHosting.com holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

 

Cancellations

Shared/Reseller/Dedicated/VPS Accounts - If you wish to cancel your services, you must file your request via our cancellation form 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, we can not guarantee that you will not be charged for the proceeding month/year. You will then be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.

If you cancel your account and your payments still continue for any reasons such as 1) by fault of Earthorlando Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution.

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

If, for any reason, EarthorlandoHosting.com fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Earthorlando Hosting.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

 

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your cPanel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed.

 

Refunds/Account Termination

If, for any reason, EarthorlandoHosting.com fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces Earthorlando Hosting.com to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

 

Content

Earthorlando web hosting believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if Earthorlando web hosting is made aware of any questionable content on a Earthorlando Hosting-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a Earthorlando server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

 

Liabilities

Earthorlando web hosting, makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Earthorlando web hosting be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abuse(@Earthorlando.com).

Bandwidth Policy

 

 Server Bandwidth Usage

All servers are given access to bandwidth graphs which are updated in five minute intervals. These graphs are located in the client access area referred to as DECC (Dedicated Engineering Control Center). All bandwidth billing is exclusively calculated based on the graphs provided in DECC.

All leased and co-located server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:

Bandwidth Allocation 4.5 Mbps
Bandwidth used for x month = 5.0 Mbps (based 95th percentile metering)
Bandwidth overages = 5.0 Mbps - 4.5 Mbps = 0.5 Mbps
0.5 Mbps x $75.00/Mbps = $37.50

If you anticipate high bandwidth usage, please contact our sales department via our help desk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: en.wikipedia.org/wiki/Burstable_billing.