EclecticCooking.com Web Hosting Terms and Conditions

These Terms and Conditions shall be effective on the date you register for EclecticCooking.com web hosting, and shall continue in effect on an annual basis.

These "Terms and Conditions" contain the complete terms and conditions which govern your subscription of EclecticCooking.com Web hosting, and other Internet-related services provided by EclecticCooking.com. By clicking on the "I Agree" button, you acknowledge that you have read these "Terms and Conditions", and you agree to all its terms and conditions. As referred to in this Agreement, "Site" refers to a World Wide Web site under the domain name: http://ClientWebSiteName.eclecticcooking.com; "EclecticCooking Site" refers to the Site located at the URL http://www.eclecticcooking.com. "Client" refers to person, organization, company etc. that has signed up and agreed to the EclecticCooking.com web hosting services.

1. APPROPRIATE USE OF ECLECTICCOOKING.COM WEB HOSTING.

• Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any EclecticCooking.com server in connection with Client's use of the Services which:
  violate any state, federal or foreign laws or regulations;
  • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of EclecticCooking.com or any third party;
  • are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate
  • violate any EclecticCooking.com policy posted on the EclecticCooking.com Site including, but not limited to, our Privacy Policy and rules of usage.
  • contain viruses or other computer programming defects which result in damage to EclecticCooking.com or any third party.
     
• Bandwidth. Client may occupy only the amount of disk space on the EclecticCooking.com Server and utilize no more than the network bandwidth that is allotted by EclecticCooking.com to the client. If the Client exceeds the allotted bandwidth or disk space, Client will be notified before any additional charges are made.
   
• No "SPAM". Client shall not use EclecticCooking.com web hosting to send out chain letters, junk mail, spamming, or any use of distribution lists to any person who, has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at EclecticCooking.com, or otherwise, that mentions or reference any domain hosted on EclecticCooking.com servers. (Violators will be fined, banned and reported to the proper authorities.) 
  If you have any questions or concerns, please contact us! hosting@eclecticcooking.com
   
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
   
• Back-Up Files. Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s free software from the Microsoft Corporation© or EclecticCooking.com's webhosting control panel. 
   
• Termination. EclecticCooking.com reserves the right to refuse service to anyone. EclecticCooking.com, in its sole discretion, may immediately terminate this Terms and Conditions if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact hosting@EclecticCooking.com.

2. PAYMENT OBLIGATIONS

• Service Fees. Client shall pay EclecticCooking.com on a monthly fee. Client will be automatically billed every month unless EclecticCooking.com has received notice from client at least 7 days before next payment is due, that the client wishes to terminate his/her webhosting account. 
  Client may also make use of the 14 day "money back guarantee" where the client will be refunded in full. 
   

3. CLIENT LIABILITY AND INDEMNIFICATION

• The parties agree that in no event shall EclecticCooking.com be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in these Terms and Conditions. Client agrees to defend, indemnify and hold harmless EclecticCooking.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

5. TAXES

• Client will pay and indemnify and hold EclecticCooking.com harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

• THE SERVICES, THE ECLECTICCOOKING.COM SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE ECLECTICCOOKING.COM SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. ECLECTICCOOKING.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ECLECTICCOOKING.COM SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

• IN NO EVENT SHALL ECLECTICCOOKING.COM BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE ECLECTICCOOKING.COM SITE OR ANY ECLECTICCOOKING.COM PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER.