Terms of Service (ToS)
IMPORTANT NOTICE: *All Payments To Erocko Are Non-Refundable*
Erocko ("The Company" or "Erocko") agrees to furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Erocko Services constitutes acceptance and agreement to Erocko's AUP as well as Erocko's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Erocko and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the
AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts
enforceable in that state. Venue will be Harris County, Texas as our servers reside in Texas.
Note: Pornography and sex-related merchandising are prohibited on any Erocko server.
This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity
or content that may be damaging to Erocko servers or any other server on the internet. Links to such materials are also prohibited. All IRC related activities are strictly prohibited and can be cause for immediate account termination!
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for
illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or
notification to the Subscriber. In addition Erocko shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and
charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including
but not limited to rates charged to company by its suppliers.
Payment: 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 month's service. The above applies to all accounts and services
provided by Erocko.
Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service
will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge.
Accounts not paid by due date are subject to a $5.00 late fee. Accounts that are not collectable by Erocko may be turned over to an
outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $20 nor more than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to Erocko are nonrefundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you
dispute a charge to your credit card issuer that, in Erocko's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you
agree to pay Erocko an "Administrative Fee" of not less than $20 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
Account Cancellation: Request for termination of user accounts can be made through the Erocko Customer Control
Panel. Termination requests received will take effect immediately, that means you're not required to pay for web hosting plan fee for that
month, if termination request is received after the fee charged in that month, which is not refundable, that means starting from following
month you'll not be charged for web hosting fee. Subscription fees for additional services such as added space and bandwidth transfer will
be charged for the entire month regardless of whether the request for their termination is received prior to the effecting of the said
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of
the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
New Domains: Payment made for domain registration will not be refundable in all cases, including those that
involve mistakes committed by any persons, Erocko staff or not, at any stage of the domain registration process. A confirmation e-mail will be sent
to registrants within 24 hours of the submission of the domain name purchase order.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to
Erocko will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may
take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a
specific transfer may take.
Support Boundaries: Erocko provides technical support to our subscribers Monday through Friday from 10:00am-4:00pm Eastern Standard Time (except for few holidays
and short company meetings). We limit our technical support to our area of expertise. The following are our guidelines
when providing support: Erocko provides support related to your services or virtual site physical functioning. Erocko does not offer tech
support for application specific issues such as cgi programming, html or any other such issue. Erocko provides support in a reasonable amount of time given our resources. We will attempt to answer technical support e-mails within 24-36 hours, but make no guarantee.
SPAM and Unsolicited Commercial Email (UCE): Erocko takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Erocko may not use or permit
others to use our network to transact in UCE. Customers of Erocko may not host, or permit hosting of, sites or information that is
advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of Erocko's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our
SPAM policy, Erocko will initiate an immediate investigation (within 48 hours of notification). During the investigation, Erocko
may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy,
Erocko may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Erocko reserves the right to pursue
civil remedies for any costs associated with the investigation of a substantiated policy violation. Erocko will notify law enforcement
officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed
for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your
account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to
exceed $175 per hour that Erocko personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their services immediately disabled. The services will not be enabled
until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and
agree to allow us access to the account to confirm that all material has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation
WILL be immediately and permanently removed from our network without notice.
IP Address Ownership: If Erocko assigns Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to Erocko, and Customer shall have no right to use that Internet Protocol
address except as permitted by Erocko in its sole discretion in connection with the Services, during the term of this Agreement.
Erocko shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Erocko,
and Erocko reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute
IP Address Usage: Any customer caught using an IP address that has not been assigned to them agrees to pay a $25
fee. The domain caught using the offending IP address can be disabled or deleted at the discretion of Erocko.
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 on the Order Form (the "Agreed Usage"). Erocko will monitor Customer's bandwidth and disk
usage. Erocko shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination
of this Agreement, which actions may be taken is in Erocko's sole and absolute discretion. If Erocko takes any corrective action under
this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer
exceeds the included allocation, Erocko may, at its sole discretion, collect a deposit, in an amount determined by Erocko, against
customer's credit card on file with Erocko.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the
Erocko Network. Violations of system or network security may result in civil or criminal liability. Erocko 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
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication
measures without proper authorization.
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 not entitled.
Notification of Violation:
Erocko 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 Internet-
First violation: Any User, which Erocko determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation. The service may be subject at Erocko's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Erocko 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: Erocko reserves the right to suspend network access to any customer if in
the judgment of the Erocko network administrators the customer's account is the source or target of the violation of any of the other terms
of the AUP or for any other reason which Erocko 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 account
was suspended. The customer will also not be credited for any fees if their account has been terminated.
Erocko reserves the right to amend its policies at any time. All customers of Erocko 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 your
actions in the matter described on these Terms and conditions.
Indemnification: Erocko wishes to emphasize that in agreeing to the Erocko Acceptable
Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Erocko for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in loss to Erocko or the bringing of any claim against Erocko by
any third-party. This means that if Erocko is sued because of a customer's or a customer of a customer's activity, the customer will
pay any damages awarded against Erocko, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you.
E-mail, telephone and fax contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may
assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
Erocko takes no responsibility for any material input by others and not posted to the Erocko Network by Erocko. Erocko is
not responsible for the content of any other websites linked to the Erocko Network; links are provided as Internet navigation tools only.
Erocko 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 this policy.
Erocko is not responsible for any damages your business may suffer. Erocko does not make implied or written warranties for
any of our services. Erocko 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 including equipment failure.
Responsibility for Content: You, as Erocko's customer, are solely responsible for the content stored on and
served by your account.