Terms and Conditions

Acceptable Use Policy

Prior to signing up with our services, we encourage you to read and review our terms and conditions/acceptable use policy, which have been put in place for your benefit. Upon purchasing any of Ekonekta services, it is assumed that you have read, understood, and agreed with the terms and conditions stated in this agreement. Ekonekta reserves the right to terminate/deactivate your account and cancel your account privileges if you violate any of the terms and policies stated herein.

Service and Corresponding Fees

Ekonekta is committed to offering excellent service and customer support to all its clients. All services have a corresponding monthly fee, in which you shall be charged beginning on the date of the initial order; and that date shall serve as the monthly anniversary date for all future billings, including one-time fees, upgrades, additional services, terminations, and service credits. Fees are due in advance of the monthly service cycle, and will be billed on the anniversary date of each month.

Liability

Ekonekta shall have no liability, whatsoever, for any direct, indirect, incidental, special, or consequential damages or losses (including, without information or any other pecuniary loss) of the client that may result from the use or inability to access the site or from the services provided by Ekonekta, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance.

Under no circumstances shall Ekonekta be responsible for more than the aggregate peso amount paid by the client for the monthly service period during which the claim arose.

Content

Any and all services provided by Ekonekta should be used for legal purposes only. This means that illegal material is strictly prohibited. Transmission, storage, or presentation of any information, data, or material in violation of any Philippine law is prohibited. Any data that violates international laws is forbidden as well. All threatening or obscene content and/or materials protected by trade secret will need to be reviewed by Ekonekta. Ekonekta reserves the right to delete any material that fits into such cases with no prior warning. Unacceptable content includes:

Adult sites
Pirated software
Hackers’ material
Child pornography
Warez Sites (Cracks to licensed software for example)
Illegal audio/video (illegal mp3, illegal-recorded samples)
MP3 Distribution Sites

Ekonekta will be the sole arbiter as to what constitutes a violation of this provision. Clients will be notified in time, and you’ll have to remove (censor) the material we’ll point out, immediately. If Ekonekta needs to contact you for more than 3 times about a violation caused by you, your account will be terminated with no refund.

Unacceptable Practices

Sending bulk e-mail (SPAM, UCE) with your account
Uploading, posting, or reproducing in any way materials protected by copyright without the permission of the copyright holder
Using your account to provide counter or other CGI-related services to a number of people on the Internet without the prior approval of Ekonekta
Allowing usage of Ekonekta resources for accounts hosted on other servers. A web site not hosted with Ekonekta could not use its account to reference or “hot link” graphics, midi, CGI, and others from our server

Through Traffic

Ekonekta servers cannot be used by its clients for through traffic. This means that if you want to download any material from a remote FTP server to your account directly (server-to-server), then this is not acceptable. This is usually done when a person wants to download illegal material, or material from a very popular website, whose FTP server is extremely slow. If this policy is unclear to you, you can contact us to explain this further with you.

Chat Software

We allow only chat software that is written in PHP/MySQL as long as it does not take too much system resources to operate.

IRC and IRC Bots

We currently do not allow IRC or IRC bots to be operated on our servers. These tend to be huge system resource hogs.

Crontabs

Crontabs are not allowed.

Background Processes

We don’t allow our clients to set up their own background programs. Background programs can and do slow down servers.

Spam – Commercial Advertising E-mail

As long as multiple recipients haven’t agreed to be on your mailing list, then spamming or sending unsolicited e-mail, from a Ekonekta server, or using an e-mail address that is maintained on a Ekonekta machine is STRICTLY prohibited. Ekonekta scans the system and will be the sole arbiter as to what constitutes a violation of this provision.

Server Usage

There are many factors that make servers slow down. Hence, in order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. Ekonekta reserves the right to kill any process (i.e. end a software’s execution) that is overloading a server, or slowing it down heavily. Clients are allowed to upload all the web pages and images they need, as long as it is used for the website and does not exceed the server’s maximum filesystem size and inodes. Following are the restrictions concerning server usage:

Not to be used as a storage facility; Google Drive or Box.net could be used for such purpose
Backups are limited to two sets only
E-mail mailbox is limited up to 2 GB only to prevent I/O bottlenecks; clients are advised to delete old e-mails and spam
MySQL database is limited up to 1 GB only to prevent CPU spikes. Please trim the database regularly and properly index the tables to lower CPU use

Server Abuse

Any attempts to undermine or cause harm to a Ekonekta server or client of Ekonekta is strictly prohibited, and is followed by deactivation of the offending account with no refund.

Network and Server Usage

Any account using constantly more than 20% of the network and system resources will be notified. Ekonekta will ask those accounts (using over 20% constantly) to remove certain material if those accounts are willing to stay, else those accounts will be asked to leave in order for all other clients to be able to benefit from speed and fast performance.

Traffic usage

All clients who exceed their traffic (bandwidth) will have their accounts automatically suspended. A short e-mail reminder notice will be sent when traffic usage reaches 90% and 100%, after which the account would be deactivated. Failure to receive this notification would not be considered as a reason for complaint. Ekonekta is not responsible for any loses users may have because of automatic site deactivation. It is the client’s responsibility to monitor regularly his/her site through the control panel.

30-Day Money Back Guarantee

Ekonekta 30-day money back guarantee is valid only on the first 30 days after account has been paid and set up. A valid complaint must be made and proven in order for a client to be eligible for a refund. Ekonekta is not responsible for a client’s failure to use and test the server within the first 30 days after the account has been paid and set up.

Acceptable Refunds

All refunds requested with a valid complaint will get a refund equivalent to the remaining unused months of the minimum quarterly payment paid. A valid complaint is determined by Ekonekta. These include, but are not limited to:

Ekonekta server down for several days in a row
No service provided in over a week

Unacceptable Complaints for Refund

Following are complaints not valid for refund:

Slow connection caused by client’s ISP/network
Client’s ignorance and/or negligence
Already having logged in to his or her account many times
Nonpayment for service by customer

Payments and Billing Cycle

Ekonekta minimum billing cycle is quarterly or every 3 months. Failure to settle succeeding quarterly fees will result in immediate account suspension. Our billing software automatically suspends accounts thirty (30) days after the due date. Suspended accounts will be retained for one (1) month. After such time, and the subscriber still fails to settle his/her account, all data and e-mails under the subscriber’s account will be permanently deleted and account closed sixty (60) days after the invoice due date. Once an account has been terminated/deleted, all web site files, e-mails and log files can no longer be retrieved.

Suspended Accounts

Suspended accounts include web and e-mail services suspension. The home page will be replaced with a “Temporarily Unavailable” page; FTP and E-mail access will also be unavailable at this time. All incoming e-mails will be “bounced back” to the sender and cannot be retrieved once the account has been reactivated. Ekonekta holds no responsibility for lost e-mails or any data during the time an account is in suspended status.

Domain name registrations

If a client registers a domain name through Ekonekta, then he/she is responsible for the renewal and maintenance of the domain name.

Violations

If a serious violation of any policy, warning and/or rule has been committed, Ekonekta reserves the right to block a user from our hosting services with no refund.

Support and Help Desk

Ekonekta will handle technical support and pre-sales inquiries through e-mail and the online help desk system only. Our technical support team will be available to answer requests from 10AM to 2AM Mondays to Sundays. Ekonekta does not provide support or pre-sales inquiries by phone.

Support Limitations

Ekonekta Help Desk will provide support regarding server-related issues only. All other technical concerns regarding a client account’s site contents, web scripts, and client=side network or ISP-related issues must be brought to the attention of the webmaster, web script’s author, and client’s network administrator or ISP.

Cancellations

Ekonekta will continue to provide service to a client, unless a written cancellation notice is received from the client. A written notice must be sent via e-mail. Client will be asked for random information to verify identity; until the client has not provided correct identity information, Ekonekta will not cancel the account. In order for a cancellation to be valid, Ekonekta must confirm the cancellation. It is the client’s responsibility to make certain that this confirmation is received. All confirmations by Ekonekta are made via e-mail (not by phone, FAX, nor by regular mail or any other method).

Ekonekta requires 30 days advanced termination notice for the cancellation to be effective. No refunds will be granted. Account terminations will always be towards the end of the quarter already paid.

Policy Revisions

Any content on this page is subject to change without prior notice. Client is responsible for regularly reviewing these Terms and Conditions and Acceptable Use Policy. Continued use of Ekonekta services following any such changes shall constitute the client’s acceptance of such changes.