TERMS OF SERVICE
OverEcho, LLC ("The Company") agrees to provide services to the
Customer, subject to the following TOS (Terms of Service) & AUP
(Acceptable Usage Policy).
OverEcho, LLC reserves the right to change this TOS & AUP at any
time, without notice to the Customer. "Service" refers to any
service provided by The Company to the Customer.
Web Hosting/Server Hardware Clients
Payments and Fees: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that
Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of the Customer to pay
charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges.
Service will be interrupted on accounts that reach 3 days past due.
Cancellations: The customer may choose to cancel at anytime.
To cancel your account, send a ticket to firstname.lastname@example.org. Unfortunately OverEcho does not offer refunds at this time, please contact us before you complete any purchase, if you have any questions.
New Virtual/Reseller Accounts: All new virtual/reseller
accounts will be setup within 1 business day.
New Dedicated/Custom Servers: All new Dedicated/Managed servers will
be setup within 10 business days.
SPAM: OverEcho, LLC takes a zero tolerance approach to the
sending of spam email using the Company's servers. Very simply this
means that customers of OverEcho may not use or permit others to use
our network to transact in spam emails. Customers of the Company may
not host, or permit hosting of, sites or information that is
advertised by spam from other networks. Violations of this policy
carry severe penalties, including termination of service.
As our Customers are ultimately responsible for the actions of their
clients, while using the Company servers it is advisable that
Customers develop a similar, or stricter, policy for their clients.
Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per month for
the Services ordered by Customer. OverEcho, LLC will monitor
Customer's bandwidth and disk usage. Each extra gigabyte of
bandwidth exceeding the limit will be billed at $2.00 per gigabyte.
Customer will be billed $2.00 for each extra 100megs space exceeding
the limit for over 3 days. Over-usage fees will be billed at the end
of the month. Failure to pay will result in account suspension.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of any network.
Violations of system or network security may result in civil or
criminal liability. OverEcho, LLC will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in
such violations. These violations include, without limitation:
Accessing data not intended for such User or logging into a server
or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is
Notification of Violation:
OverEcho, LLC is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor
do we assume any responsibility through our AUP to monitor or police
First violation: Any User, which the Company determines to
have violated any element of this AUP, shall receive an email,
warning them of the violation. The service may be subject at the
Company's discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations.
Second Violation: Users that the Company determines to have
committed a second violation of any element of this Acceptable Use
Policy shall be subject to immediate suspension or termination of
service without further notice.
Suspension of Service or Cancellation:
OverEcho, LLC reserves the right to suspend access to any
customer if in the judgment of the the Company system administrators
the customer's account or server is the source or target of the
violation of any of the other terms of the AUP or for any other
reason which the Company chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be
deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be
credited for the time the customer's accounts or servers were
OverEcho, LLC reserves the right to amend its policies at any time.
All Customers of the Company must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
OverEcho, LLC reserve the right to refuse service to anyone for any
reason not prohibited by law. We also reserve the right to terminate
service to any customer for any reason not prohibited by law. You
agree to use all the Company services at your own risk. OverEcho, LLC
specifically disclaims all warranties of merchantability and fitness
for a particular purpose. In no event shall the Company be liable
for any loss, or loss of data, or other commercial damage, including
but not limited to special, incidental, consequential or other
damages. Customer agrees that it shall defend, indemnify, save and
hold the Company harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against the Company, its agents, its customers, officers
and employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by customer,
it's agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless the Company against liabilities arising
1. any injury to person or property caused by any products sold or
otherwise distributed in connection with the Company's servers;
2. any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from the Company's
OverEcho, LLC shall be the sole arbiter as to what violates this
You must provide us with, and keep current, good contact
information for you. E-mail contacts are used.
OverEcho, LLC is not responsible for the content of any other
websites linked to the the Company servers; links are provided as
Internet navigation tools only. OverEcho, LLC disclaims any
responsibility for any such inappropriate use and any liability to
any person or party for any other person or party's violation of
OverEcho, LLC is not responsible for any damages your business may
suffer. The Company does not make implied or written warranties for
any of our services. OverEcho, LLC denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions caused by the Company.
It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Accounts. Virtual Accounts found hosting this
material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as the Company's Customer, are solely responsible for the
content stored on and served by the Company's server.
Server Management Clients
Customer agrees to defend, indemnify and hold harmless the Company
against liabilities for any damage caused by, or in connection with
any content or services available through us.
One Time Services
One time services include
the Essential Server Setup,
Fortified Server Setup, kernel upgrades, administrative time, any
other non-monthly or non-ongoing services provided by
No support will be given to these services, including
troubleshooting any problems that occur caused by the services,
unless the Company
reserves the right to refuse
One hour minimum payments are required with administrative time.
Payments and Fees:
Establishment of this service is dependent upon receipt by OverEcho,
LLC of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service.
Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of Customer to pay charges
when due. Such termination or denial will not relieve Customer of
responsibility for the payment of all accrued charges. Service will
be interrupted on accounts immediately that do not provide payment
on the due date. Early notification is suggested to prevent such
interruption in service.
Cancellations/Refunds: Setup Fees, Domaim Registration Fees and One Time Services are
NON-refundable under any circumstance, unless deemed appropriate by
the Company. Monthly service charges will not be refunded if the
refund is requested after the due date. The customer may choose to
cancel at anytime. To cancel your account, send an email to email@example.com ticket to the
OverEcho, LLC will not use or disclose to others customer's
"Confidential Information", except when necessary to perform the
services under this Agreement. OverEcho, LLC reserves the right to
provide this information to its employees, representatives, and
contractors. "Confidential information" includes customer's server
login information and any information in which the customer has
explicitly stated as confidential. Customer agrees to indemnify the
Company on account of the unlikely compromise of the Customer's
Warranties of Customer. Customer hereby covenants, represents
and warrants that:
Customer will not, and will not permit others to, use any Service(s)
(i) for any unlawful or illegal purpose or in connection with or in
furtherance of any unlawful or illegal activity, (ii) in violation
of any applicable law or regulation, (iii) in a manner that will, or
is likely to, infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the right of
privacy, publicity or other personal rights of others, or (iv) in
connection with any conduct or activity that is, in the sole opinion
of OverEcho, LLC, defamatory, indecent, obscene, offensive,
threatening, abusive, hateful, tortuous or violates the rights of
any other person or entity; Customer will not, and will not permit
others to, do any act which may interfere with or compromise the
security or functionality of any Service(s), including without
limitation attempting to probe or test the vulnerability of any
system or network connected to or accessible by the Service(s);No
equipment owned, leased, maintained by or controlled by Customer or
by any third party which is connected to or utilized the Service(s)
with the consent of Customer will (i) interfere with or impair any
Service(s) or any plant, services or facilities of any Indemnitees
or of any third party, (ii) unlawfully interfere with or impair the
transmission of privacy of any data or communications transmitted
over the Service(s) or over any plant, services or facilities of any
Indemnitees or of any third party, or (iii) create, cause or
contribute to the creation or causing of a hazard to any Indemnitees
or to any third party;
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT OverEcho, LLC SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
OverEcho, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) ANY DIRECT OR INDIRECT RESULT OF OVERECHO SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v)
ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY OVERECHO OR (vi) ANY OTHER
MATTER RELATING TO THE SERVICE.
OverEcho, LLC is not responsible for any damages to Customer's
business. Customer agrees not to hold OverEcho, LLC liable for any
loss of data or damages to Customer or Customer's business caused by
the Company's own negligence or a direct or indirect action by
OverEcho, LLC. In the event that such an incident occurs, customer
acknowledges that OverEcho LLC's maximum liability shall not exceed
an amount equivalent to the charges paid by the Customer for
services during the ninety (90) day period prior to the date damages
occurred. OverEcho, LLC specifically disclaims all warranties of
merchantability and fitness for a particular purpose. In no event
shall the Company be liable for any loss, loss of profit, or loss of
data, or other commercial damage, including but not limited to
special, incidental, consequential, direct, or other damages, even
if out of negligence. Customer agrees that it shall defend,
indemnify, save and hold the Company harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against the Company, its agents, its
customers, officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by customer, it's agents, employees or assigns.
The Customer acknowledges and agrees that the cost of service
charged by OverEcho, LLC does not take into consideration possible
incidental, consequential, indirect, special, or accidental damages
arising out of the use of the service provided by OverEcho. The
Customer acknowledges that the limitations set forth in this
SERVICE are integral to the cost of service charged by OverEcho,
LLC in connection with the usage of services provided by OverEcho,
LLC and that were OverEcho, LLC to assume any further liability other
than as set forth herein, such costs of service would, out of
necessity, be set substantially higher.
THE CUSTOMER AGREES TO USE OverEcho, LLC's services AT YOUR OWN RISK.
OverEcho, LLC WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE
CUSTOMER, THE CUSTOMER'S SERVER(S), or THE CUSTOMER'S BUSINESS IN
This means if OverEcho, LLC logs in to the Customer's server, and
damages the Customer's server, websites, or business in any way,
OverEcho's maximum liability is the amount equivalent to the actual
price paid to the Company during the ninety (90) days prior to the
date the damages occurred.
If you do not accept or understand any part of our
SERVICE, do not sign up with our service.
By signing up with our service in any form, or utilizing our
services in any form, you agree to accept, comply, and understand
in full ourTERMS