All users of Enoyaone’s services, and all customers upon signing up for said services, agree to comply with the TOU. The spirit of the TOU is to ensure customers are using Enoyaone’s services with due regard to the rights of other Internet users and in conformity with the requirements of Enoyaone’s network environment. The TOU are not exhaustive and Enoyaone reserves the right to add, delete, or modify any provision of its TOU at any time with notice, effective upon either the posting of the modified TOU to www.aerocrs.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to firstname.lastname@example.org . Except when expressly agreed to the contrary in writing by an authorized representative of Enoyaone, this TOU supersedes any other agreement with Enoyaone, whether written, oral, by conduct, or otherwise.
1.1. Enoyaone will supply the customer with support and maintenance services for a period starting on the date of order for a period according to the “Term of contract”. Such period will be renewed automatically for another consecutive period, unless any party will give prior notice of 90 days before the end of the period.
1.2. The customer will be provided with support and maintenance to the system that was ordered in the order form e-signed by the customer and agreed by Enoyaone. (the “System”)
- Service guidelines
2.1. Enoyaone will maintain the System in conformance with the Technical Requirements Protocol in a manner that shall include bug fixes, system errors, and take all appropriate measures to correct such errors and provide corrections to the System in accordance with the following:
2.1.1. Class A Problems: In the case of significant errors or problems, such as total loss of functionality or loss of saved data, Enoyaone will use its best efforts to provide the work around solution within one (1) business day after becoming aware of such problems, and provide a permanent correction to the customer within five (5) business days thereafter.
2.1.2. Class B Problems: In the case of lesser errors or problems, such as a partial loss of functionality for which there is a known work around or loss of saved data, Enoyaone will use all reasonable efforts to provide the work around within five (5) business days after becoming aware of such problem and provide a permanent correction within thirty (30) business days thereafter or at a later time as may be agreed to in writing by the customer.
2.1.3. Class C Problems: In the case of cosmetic problems, such as improper program action without loss of functionality or data, Enoyaone will verify and respond to such problems within fourteen (14) business days after becoming aware of such problem and a correction by Enoyaone shall be provided within thirty (30) business days thereafter.
2.1.4. Class D Problems: Problems arising in the storage facilities. In such case Enoyaone will use all reasonable efforts to provide a solution subject to the storage facility abilities of correction. Enoyaone will not be liable for any loss due to such Class D problems.
2.2. Enoyaone will provide necessary guiding to assist the customer to operate the System accordingly.
2.3. Support will be given in any of the channels:
2.3.1. 24/7 Web support portal – http://support.aerocrs.com
2.3.2. Telephone (in working hours, Monday – Thursday, EU working hours) +972(3)7219664
2.3.3. 24/7 E-mail – email@example.com
- Warranties and indemnification
3.1. Enoyaone represents and warrants that the System materially and substantially conforms to the description and specifications set in the order form of the system.
3.2. Except as specifically provided otherwise in this TOU, no other warranties of any kind apply to the System, whether express or implied, and including, but not limited to, any implied warranties of merchant-ability and fitness for a particular purpose.
3.3. To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Enoyaone (including, without limitation, Enoyaone’s 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 Enoyaone’s 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 Enoyaone 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 Enoyaone services even if Enoyaone has been advised of the possibility of such damages. All claims and causes of actions arising in connection with Enoyaone or Enoyaone’s services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. Enoyaone’s total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOU or Enoyaone’s services, including, without limitation, those from any negligence, any act or omission by Enoyaone or Enoyaone’s 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 1-month period prior to the date the damage or loss occurred or the cause of action arose.
3.4. The customer warrants that the System will not be used in any unlawful manner or which constitutes illegal activity and/or publish in the System unlawful texts and /or pictures or alike.
3.5. The customer agrees to indemnify, hold harmless and defend Enoyaone from and against any and all actions, claims, losses damages, liabilities, awards, costs and expenses (including reasonable legal fees) resulting from, arising out of or based on any claim, suit, demand or action that made against Enoyaone due to a breach of this TOU or publishing any unlawful material and /or which violates or infringes any copyright, trade secret, or trademark of third parties.
3.6. Force Majeure
3.6.1. Enoyaone will not be liable for delays in its performance of the TOU or Enoyaone services caused by circumstances beyond Enoyaone’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Enoyaone will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and amendment any waiver, modification, or amendment of any provision of the TOU or other agreement for Enoyaone services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Enoyaone.
- Intellectual property rights
4.1. Enoyaone shall retain all title, rights and interest in the Source Code and in the creation and building skills and any INTELLECTUAL PROPERTY RIGHTS deriving from Enoyaone Online Booking systems and/or and all CHANGES.
4.2. Customers will not, without Enoyaone’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Enoyaone’s website, and customers will not use any of Enoyaone’s trademarks, service marks, copyrighted materials, or other intellectual property without Enoyaone’s express written consent. Customers will not, in any way, misrepresent their relationship with Enoyaone, attempt to pass themselves off as Enoyaone, or claim that customers are Enoyaone.
5.1. Enoyaone 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 Enoyaone’s services. Certain changes to Enoyaone’s services may affect the operation of customers’ personalized applications and content.
6.1. The parties undertake to keep all information disclosed by one party to another fully disclosed and use all confidential measure to save such information from any other third party, except as required by law.
- Customer listing
7.1. The customer will be listed in Enoyaone’s website including a logo.
7.2. Enoyaone is entitled to publicize the customer is one of their listed customers in PR’s, newsletters or any other publications.
- Assignment - Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Enoyaone services, either in whole or in part, without the prior written consent of Enoyaone.
- Hosting restrictions
9.1. Server Resources – Any website 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 either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Managed Server plan. Enoyaone will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge. Customers deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
9.2. Spamming – 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 Enoyaone’s 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 website hosted on a Enoyaone’s server, and selling or distributing software (on a website residing on a Enoyaone’s server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Enoyaone reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
9.3. CGI Scripts – Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Enoyaone does not permit CGI script sharing with domains not hosted by Enoyaone or any scripts that may be abused for UCE purposes.
9.4. Chat Rooms – Enoyaone does not allow to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
9.5. Background Running Programs and Cron Jobs – Enoyaone does not allow programs to run in the background.
9.6. Software Distribution – Enoyaone’s storage are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files
9.7. Multimedia Files – Multimedia files are defined as any graphics, audio, and video files. Enoyaone storage shall not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files
9.8. Databases – Enoyaone will be responsible for the database held on her application.
9.9. Copyright Violations – a customer is not allowed to upload copyrighted material to Enoyaone’s server.
- Customer billing policy
10.1.All charges are shown in US Dollars. Payments shall be made in US dollars. Enoyaone accepts the following types of payment:
10.1.1. Credit Card (VISA, MasterCard, American Express, Discover) – a surcharge of 5%
10.1.2. Bank WireTransfer
10.2.ALL PAYMENTS ARE DUE ON THE ACCOUNT SERVICE PERIOD START.
10.3.Any fees for payments made via bank transfer should be taken on customer side in full.
10.4.The account service period start date is the date on which the service period will start (according to the customer order)
10.5.If you provide Enoyaone with your credit card information, you authorize Enoyaone to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Enoyaone’s Billing Policy in the TOU. Enoyaone will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Enoyaone, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
10.6.Customers not paying by credit card agree to make payment of their balance due by the service period start date.
10.7.Accounts that are past due may be suspended at any time with or without notice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
10.8.1. Enoyaone offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) (“Billing Cycles”) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.
10.8.2. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
10.8.3. All additional features added to an account, including any domains, are charged monthly, or otherwise according to the schedule agreed to upon signing up for said features. Additional items are non-refundable.
10.9.1. In order to insure that your services remain uninterrupted, all services, including without limitation, hosting, domains, and any additional features, will automatically renew at the end of the relevant billing cycle or registration term. All renewal charges are based on the prevailing rate on the date of renewal according to the service selected. All services are renewed for the same billing cycle/term, with the exception of domain registrations, which are renewed for successive one-year terms. If you wish to cancel any of your services before the relevant expiration/renewal date, please refer to the Cancellation section below.
10.9.2. Important Notice - Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). If at any time you elect to manually renew any of your services (in whole or in part), you then become responsible for all future renewals of such services unless and until you notify Enoyaone otherwise
10.10.1. Enoyaone does not mail paper invoices or statements. Statements will be e-mailed to the customer.
10.11.1. Cancellation requests must be received by Enoyaone within no less than ninety (90) days prior to the end of your term of contract. Cancellations submitted later than this time may result in automatic renewal of your account for the next term of contract. Cancellations become effective on the day processed by Enoyaone. Enoyaone is unable to cancel your account effective for a future date.
10.11.2. Enoyaone does not monitor, and will not automatically cancel, plans for problems related to non-usage, your ISP, or any other secondary issues not directly related to Enoyaone’s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Enoyaone reserves the right to cancel any account, at any time, without notice, for any reason Enoyaone considers appropriate.
10.12. Billing Disputes/Refund Policy
10.12.1.There are no refunds.
10.13. Enoyaone has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Enoyaone’s discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.
10.14. Enoyaone’s policies and prices are subject to change with 90 days’ notice. Any price changes become effective in the next Billing Cycle.
- Governing Law and Severability
11.1.The TOU, and any other agreement for Enoyaone services, will be governed by and construed in accordance with the laws of the State of Israel without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Enoyaone will take place in Tel-Aviv, Israel, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Enoyaone agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.