Last Revised: Jan 15, 2025
This is an agreement (“Agreement”) between ECWebDesigns, as well as its partners and affiliates on the one hand, and the user of ECWebDesigns’s products and services on the other hand. In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf. “We”, “us” and “our” refer to ECWebDesigns Pty Ltd as well as its subsidiaries and sister companies (collectively, “ECWebDesigns”). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by ECWebDesigns. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional ECWebDesigns service(s) or products or to cancel your ECWebDesigns services (even if we were not notified of such authorization), this Agreement covers such service or actions. If you fail to abide by the terms and conditions in this Agreement, ECWebDesigns may, in its sole discretion, choose to terminate or suspend your account.
1.Term of Agreement; Modification. You agree that ECWebDesigns may modify this Agreement and the services it offers to you from time to time. Your continued use of ECWebDesigns services or products after such modifications constitutes your continued agreement to be bound by those modifications. If you have purchased services or products from ECWebDesigns, this Agreement shall continue in full force and effect as long as you take advantage of and use the products or services.
2.Accurate Information. You agree to maintain accurate information by providing updates to ECWebDesigns, as needed, while you are using ECWebDesigns’s products and services. You agree you will notify ECWebDesigns within five (5) business days when any change of the information you provided as part of the application and/or registration process changes. If, for whatever reason, you fail to respond within five (5) business days to any inquiries made by ECWebDesigns to determine the validity of information provided by you, such failure will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading or incomplete, or if ECWebDesigns has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading or incomplete, ECWebDesigns has the right, in its sole discretion, to terminate its services and close your account.
3.You can view ECWebDesigns’s Privacy Policy which is incorporated herein by reference, as it is applicable to all ECWebDesigns products and services. The Privacy Policy sets out your rights and ECWebDesigns’s responsibilities with regard to your personal information. ECWebDesigns will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
4.Prohibited Activities:
5.Storage and Security. At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. ECWebDesigns will not change passwords to any account without proof of identification that is satisfactory to ECWebDesigns, which may include written authorization with signature. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You are solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; and (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored on ECWebDesigns servers. The services offered by ECWebDesigns are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. ECWebDesigns shall have no liability to you or any other person for your use of ECWebDesigns products and/or services in violation of this Agreement.
6.Non-exclusive License. If you have licensed software from ECWebDesigns, ECWebDesigns grants you a limited, non-exclusive, non-sublicensable, non-transferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter, make any unauthorized copies of, or otherwise modify the software. You agree you are not authorized to combine the software with any other software program, create derivative works based upon the software, or integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
ECWebDesigns reserves all rights to the software except as expressly provided in this section. The software and any copies you are authorized to make are the intellectual property of ECWebDesigns. The source code and its organization are the exclusive property of ECWebDesigns and the software is protected by copyright law.
7.ECWebDesigns Account. ECWebDesigns will host an account for you corresponding with the purchased, leased or provided domain name(s) and for the period of time corresponding with the payment plan chosen by you. The contract will automatically renew at the end of The Term unless otherwise specified by you.
8.Hosting Services
9.Third Party Content. If you elect to sell or resell advertising or web space to a third party, then you will be responsible for the contents of that advertising and the actions of that third party. Although ECWebDesigns has no obligation to monitor third party content, ECWebDesigns has the absolute right to reject any advertising or other third-party content that is illegal, offensive or otherwise in breach of the then current ECWebDesigns policy or agreement. Such content may result in the suspension or in the immediate termination of your account. You are responsible for monitoring all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify ECWebDesigns immediately of the error. In no event shall ECWebDesigns.com be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
10.Backup Restoration. If your account was cancelled or suspended for non-payment and you still need your data to take with you there is a $125 per incident charge for all inquiries regarding previous services and / or support. We generally keep backups available for a period of 7 days after account suspension but can provide no guarantees on the actual length of availability of a backup for cancelled accounts.
11.Fees, Payment and Refund. As consideration for the products and/or services provided to you by ECWebDesigns, you agree to pay ECWebDesigns at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the term of service. ECWebDesigns expressly reserves the right to modify pricing and will provide an advanced notice of changes through email notification and/or notice on its website.
As a limited exception to the foregoing at ECWebDesigns discretion, you may receive a partial or full refund upon review:
12.If You signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, ECWebDesigns will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment method at ECWebDesigns’s then current rates.
If for any reason ECWebDesigns is unable to charge your account for the full amount owed ECWebDesigns for the products and/or services provided, or if ECWebDesigns is charged a penalty for any fee it previously charged to you, you agree that ECWebDesigns may pursue all available remedies in order to obtain payment, and may suspend or terminate your account if payment is not received within fourteen (14) days of the date due. ECWebDesigns reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular services, including additional costs that it may incur in providing the services and pass these costs along to You.
13.Affiliate Program Terms:
14.Use of Foreign Currency. While all purchases are processed in AUD, ECWebDesigns may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate (if displayed in any currency other than US dollars). Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate based on inter-currency exchange rates. Accordingly, ECWebDesigns makes no representations or warranties that the estimated price will be the same as the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in your billing address section.
15.Limitation of Liability. The products and services offered by ECWebDesigns are provided “AS IS” and ECWebDesigns expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, ECWebDesigns expressly does not warrant that the ECWebDesigns products and/or services will meet your requirements, function as intended, or that the use of the provided services will be uninterrupted or error free. In no event shall ECWebDesigns be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the services or products, even if ECWebDesigns is aware of or has been advised of the possibility of such damages. ECWebDesigns’s servers are not an archive and ECWebDesigns shall have no liability to you or any other person for loss, damage or destruction of any of your content. Some jurisdictions place restrictions on limitations of damages, such that some or all of this section may not apply to you. Accordingly, this section will be enforced to the fullest extent permitted by applicable law.
16.You agree to defend, indemnify and hold ECWebDesigns harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account, or any content posted or transmitted on or through your account, infringes the intellectual property or privacy rights of any third party. You agree that ECWebDesigns shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to cooperate fully with ECWebDesigns during such proceedings.
17.Digital Millennium Copyright Act (“DMCA”) Notice. ECWebDesigns is under no obligation to, and does not, scan third party content used or posted in connection with the Site for the inclusion of illegal or impermissible content. However, ECWebDesigns respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is ECWebDesigns’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law.
If you believe any content hosted by ECWebDesigns infringes a copyright, you agree to provide ECWebDesigns with a written notice that at a minimum contains:
All DMCA notices should be sent to ECWebDesigns’s designated agent as follows:
If by e-mail: Management
If by mail: (USA) 340 S Lemon Ave #5171, Walnut, CA 91789 | (AU) PO Box 335, Cairns North, Queensland, 4870
18.You agree that you will be responsible for notifying ECWebDesigns should you desire to terminate your use of ECWebDesigns’s services. Notification of your intent to terminate must be provided to ECWebDesigns no earlier than 10 days prior to your billing date but no later than three days prior to your billing date.
19.You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
20.Legal Age.You attest that you are of legal age to enter into this Agreement.
21.Final Agreement.This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified except by means of a written document signed by both you and an authorized representative of ECWebDesigns.
22.No Agency Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto.
23.The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
24.In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
25.Assignment and Resale. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable without the prior written consent of ECWebDesigns. ECWebDesigns may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under this Agreement. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
26.Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over ECWebDesigns, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, ECWebDesigns may immediately terminate this Agreement.
27.The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
28.Choice of Law.
If you are using our managed hosting services, the following applies:
For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:
Free hosted sites or sites that are paid for using promotional credit may be archived after 21 days of inactivity. Sites will be marked as ‘active’ automatically if one of the following occurs:
We will send a warning email one week before archiving the site and again when the site is archived. A site can be restored and made active again within 14 days of being archived.
When using ECWebDesigns Services, you agree not to:
ECWebDesigns is a membership site and many of our Services require an active paid subscription – including our own and partner’s Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.
We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting your request here.
Refunds requested are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 14 days, except in the rare case that it is due to billing errors on our end.
If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.
Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.
Product not available for refunds:
Domain Registration, Renewal, Transfer & Redemption fees are not refundable under any circumstances.
Refunds will not be provided in cases where transactions occur as a result of inadequate account security, including but not limited to the use of weak passwords, the absence of two-factor authentication (2FA), or similar security practices. Account holders are responsible for maintaining the security of their accounts, and any unauthorized transactions made due to such lapses will not be eligible for a refund.
We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.
Support is provided by Support Tickets via your client account and in our Resources 24/7. Any issues that can’t be immediately or easily answered via Support Tickets will result in the creation of a escalated ticket for ongoing follow-up and tracking by senior staff.
While our support staff are located around the world, to ensure we reach the widest possible audience our support services are offered in English only. This applies to both Support Tickets and resources support, as well as email communications.
Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.
We will do our utmost to support anything WordPress related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.
Support for site-related issues is only provided for sites that are connected to your Hub. You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.
In order to receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. We make no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products. We offer no support via email or otherwise for installation, customization, or 3rd-party hosting administration of WordPress itself.
You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify ECWebDesigns of any unauthorized uses of its sites, its account, or any other breaches of security.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Our Services are provided “as is.” Incsub and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Incsub nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Alabama, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Birmingham, Alabama.
In no event will Incsub, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Incsub under this Agreement during the twelve (12) month period prior to the cause of action. Incsub shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
ECWebDesigns utilizes Tucows (OpenSRS) to offer you a hosted email solution, which we refer to as the “Webmail Service.” This utilization is aimed at delivering robust, reliable email functionality under your own domain names.
The Webmail Service offers a range of features to enhance your email experience:
By using the Webmail Service, you agree to:
The following actions are prohibited:
Our service, powered by Tucows (OpenSRS), is not designed for outbound mass mailing. To ensure service quality and maintain high deliverability, the following criteria are in place:
