Client Area

Terms of Service



– Terms of Service for engineARC Managed Hosting Services:

If you are using our managed hosting services, the following applies:

  1. Access to Website and Database: By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.

  2. Security Vulnerabilities: In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.

  3. Data and Content Scanning: We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.

  4. Account Access and Data Recovery: If you lose access to your engineARC account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.

  5. License to Data and Content: You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

  6. Uptime and Service Level Agreement (SLA): 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 SLA applies:

    • We guarantee a 99.9% uptime SLA.

    • We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.

    • Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.

    • Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.

    • Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user-error, or natural disasters such as floods or earthquakes.

  7. Inactivity and Site Archiving: 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:

 

– Domain Name Terms for engineARC:

  1. General Domain Ownership and Registration:

    • Domain names purchased from engineARC are owned as indicated by applicable ICANN rules. By purchasing a domain name from engineARC, you acknowledge that domain name registration is subject to cancellation or change in accordance with any and all applicable rules, including ICANN, UDRP, registrar policies, or any country code top-level domain registry procedures.

    • The terms and conditions of our Registrars can be reviewed at:

      • Tucows (OpenSRS) Domain Registration Agreement

      • ICANN Registrant Rights and Responsibilities

      • ICANN UDRP

  2. Domain Name Agreement:

    • The Domain Name Agreement applies to your use of domain names registered through or transferred to engineARC. This Agreement is an integral part of the engineARC Terms of Service and, together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), represents the entire Agreement between you and engineARC with regard to your use of domain names and any domain-related services.

    • By purchasing a domain from or transferring a domain to engineARC, you declare that you have read, understood, and agree to be bound by these Terms.

  3. Domain Name Registration Process:

    • You may submit a request for domain name registration from engineARC. We cannot guarantee that the domain name applied for at the time of request submission will be registered in your name or is capable of being registered by you.

    • The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use. You acknowledge and agree that engineARC bears no responsibility should a naming authority refuse to register a domain name.

    • Domain names and any domain-related services are subject to renewal and termination as set out in the Terms of Service. Domain registration and renewal fees are non-refundable. The maximum renewal period for different top-level domains may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar.

  4. Registrant Information:

    • As part of the registration process, you are required to provide certain information to us, and to promptly update this information as needed to ensure that it’s up to date. We will use this information in accordance with the Terms of Service and our Privacy Policy.

    • Some Registries require that you confirm your contact information after initial registration and/or after any change of contact details, before a domain name registration is completed or updated. If this applies to your domain, either engineARC or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted.

    • You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to engineARC or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute a violation of the Terms and may result in suspension and/or cancellation of your domain name registration.

  5. Use and Disclosure of Registration Information:

    • By registering a domain name through or transferring a domain to engineARC, you understand and agree that the Registrar of record, relevant Registry, or ICANN may establish guidelines, limits, and/or requirements regarding what information engineARC must collect from you in order to provide services to you and how we may use such information.

    • You acknowledge and agree that engineARC will make available domain name registration information you provide, or that engineARC otherwise maintains, to ICANN, the Registrar of record, the Registry, and other third parties as required or permitted by ICANN and applicable laws.

    • You hereby give your explicit consent to the collection, use, and disclosure of domain name registration information as set out in this Agreement, the Terms of Service, and our Privacy Policy.

  6. Dispute Resolution:

    • If you purchase domain name services from engineARC, the domain name shall be associated with your account, and you shall be solely responsible for managing the domain in full compliance with this Agreement and the Terms of Service, even if the domain is registered to or owned by a third party.

    • Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. engineARC will neither be a party in a dispute nor facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of record or the relevant Registry.

    • In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP.

  7. Uniform Domain Name Dispute Resolution Policy (UDRP):

    • This Policy has been adopted by ICANN, is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you.

    • Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”).

  8. Policy Modifications:

    • We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least seven (7) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on, or after the effective date of our change.

    • If you believe that a domain name and its use violates your trademark, you may either pursue the matter in a court of law or have the matter adjudicated under the Uniform Domain Name Dispute Resolution Policy (UDRP).

    • Complaints: If you believe that you have a trademark complaint related to a domain name, you may submit a valid and formal notice of a trademark complaint. We will forward your complaint to our customer but cannot take any further action without a court order or a UDRP ruling.

    • Repeat Infringement: Repeated violation of this policy, or repeated infringement of copyrighted works, trademarks, or other intellectual property, will lead to termination in appropriate circumstances. engineARC will, in its sole and absolute discretion, determine what constitutes repeat infringement.

  9. Trademark / Copyright Policies:

    If you believe that a domain name and its use violates your trademark, you may either pursue the matter in a court of law or have the matter adjudicated under the Uniform Domain Name Dispute Resolution Policy (UDRP).Complaints: If you believe that you have a trademark complaint related to a domain name, you may submit a valid and formal notice of a trademark complaint. We will forward your complaint to our customer but cannot take any further action without a court order or a UDRP ruling.Repeat Infringement: Repeated violation of this policy, or repeated infringement of copyrighted works, trademarks, or other intellectual property, will lead to termination in appropriate circumstances. engineARC will, in its sole and absolute discretion, determine what constitutes repeat infringement.



– Support Terms for engineARC:

  1. General Service Disclaimer: 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.

  2. Support Availability and Channels:

    • Support is provided by Live Chat on the engineARC site and in our Forums. Any issues that can’t be immediately or easily answered via Live Chat will result in the creation of a Forum ticket for ongoing follow-up and tracking.

    • 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 Live Chat and Forum support, as well as email communications.

    • We commit to having our support team available and staffed 24/7/365, and that average Live Chat wait times will be under 10 minutes. Resolution times of issues will depend on the complexity, support queue, and the availability of the appropriate staff member to address the issue.

  3. Scope of Support:

    • 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.

  4. Requirements for Support:

    • 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. engineARC makes 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.



– DMCA:

If engineARC receives a DMCA takedown notice for a site hosted by us that you have sold to your client, we are required to disable the reported content.



Responsibilities of Account Owners

As the engineARC account owner, you will be notified of any takedown action taken. It is your responsibility to manage communications with your client regarding the DMCA notice.

Counterclaims

If you believe the takedown action was in error, you, as the site owner, may file a counterclaim according to the procedures outlined in our DMCA documentation.

– Webmail Service Agreement:

engineARC utilizes Tucows (OpenSRS) to provide a hosted email solution, referred to as the “Webmail Service.” This service is designed to offer robust and reliable email functionality under your own domain names.

The Webmail Service includes the following features:

  • Mailbox Accounts: Accessible via IMAP and POP protocols through desktop mail clients and web-based applications.

  • Email Forwarding and Alias: Optional features allowing automatic forwarding of emails to another address and the use of aliases to send and receive emails from alternative addresses mapped to your primary mailbox.

  • Storage: Each mailbox includes 5 gigabytes of storage. Email data is stored exclusively on servers located in the USA.

  • Anti-Virus and Anti-Spam Filtering: Inbound and outbound emails are screened for spam and viruses. Filtered messages are retained for seven days before deletion. Note that certain attachments, such as password-protected or encrypted files, may not be scanned for viruses.

Customer Obligations

By using the Webmail Service, you agree to:

  • Provide all necessary customer service, billing, and technical support to your end users.

  • Ensure compliance with engineARC’s Terms of Service, adhering to legal, ethical, and considerate email practices.

  • Prevent any use of the Webmail Service that violates laws, infringes on rights, or causes harm.

Prohibited Actions

The following actions are prohibited:

  • Sending content that is unlawful, threatening, abusive, or vulgar.

  • Manipulating identifiers to disguise the origin of content.

  • Transmitting content without the proper rights or permissions.

  • Disrupting the Webmail Service or its infrastructure.

  • Sending mass emails beyond established limits

Billing and Account Termination

  • Billing: Email accounts are billed on a per-account, per-month basis. Account holders are responsible for monitoring their subscriptions and billing cycles.

  • No Refunds Policy: engineARC does not provide refunds for renewal fees or in cases where an email account is deleted during an active subscription period.

  • Account Deletion and Backup: Once an email account is deleted, emails cannot be restored or retrieved. Users are responsible for backing up their data.

  • Right to Suspend: engineARC reserves the right to suspend or terminate Webmail accounts that violate the Terms of Service.

Mass Emailing Policy

The Webmail Service, powered by Tucows (OpenSRS), is not intended for outbound mass mailing. To maintain service quality and deliverability, the following criteria apply:

  • Daily Sending Limits: Limits are imposed on the number of recipients per email and the total number of emails sent within a 24-hour period. These limits may change without notice.

  • Limiting Emails to Direct Contacts: To ensure uninterrupted service, emails should be limited to individuals with whom you have direct contact. Mass mailing or large group emails are discouraged.

  • Enforcement: Misuse of the service for mass mailing may result in suspension or termination. Repeated violations may lead to further actions.

  • Alternatives for Mass Mailing: For sending large volumes of emails, consider using specialized services such as MailChimp or Campaign Monitor.

– Payments and Subscriptions:

engineARC operates as a membership site, and many of our services require an active paid subscription, including engineARC Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which will be charged to you at regular intervals (such as monthly or annually) on a pre-pay basis until you cancel. You can cancel your subscription at any time through your account overview page or by contacting support.

Automatic Renewal

To ensure uninterrupted service, Paid Services are automatically renewed. Unless you cancel a Paid Service before the end of the current subscription period, it will automatically renew. You authorize engineARC to invoice you or use any payment mechanism we have on record to collect the then-applicable subscription fee (including any taxes). Paid Services will renew for the same interval of time.

Cancellation and Payment Issues

  • Cancellation: If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

  • Payment Failures: If your payment fails or Paid Services are not paid for on time, engineARC may immediately cancel or revoke your access to the Paid Services.

Right to Refuse Service

engineARC reserves the right to refuse service, cancel your subscription, and revoke membership access with a prorated refund for any reason deemed appropriate.

Fee Changes

We may change our fees at any time. When applicable, we may provide advance notice of fee changes. If you do not agree with the new fees, you can cancel your Paid Service.

Hero Points

engineARC may offer promotions where Hero Points can be exchanged for memberships, services, or items of value. We reserve the right to deny the use of Hero Points or terminate accounts if fraud or abuse of the Hero Points system is detected.

– Refunds:

If you encounter a technical issue, please contact our support team for assistance before requesting a refund. Submit your request here for support.

Refund Policy

Refunds are issued at the discretion of our support staff. No refunds will be provided for scheduled subscription payments after 30 days, except in rare cases of billing errors on our part.

Chargebacks and Disputes

If you contact your bank or credit card company to dispute or reverse charges for Paid Services, we will not provide a refund and may revoke your access to our services.

Refund Limits

Refunds are available once per person or entity and will not be granted if your account is in violation of our Terms.

Non-Refundable Products

Domain Registration, Renewal, Transfer, and Redemption fees are not refundable under any circumstances.