Terms Of Service
Terms of Service
Terms of Service
Eclipse Networks Ltd (“Eclipse Networks Ltd”) agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”).
Eclipse Networks Ltd, the company hereafter referred to as, (“Eclipse Networks Ltd”), (“Us”), (“We”) and The Client, (“Customer”), (“Client”) and (“You”).
Use of Eclipse Networks Ltd Service constitutes acceptance and agreement to AUP (“Acceptable Use Policy”) and ToS (“Terms of Service”).
All provisions of this contract are subject to change from time to time at the discretion of Eclipse Networks Ltd. Subscriber understands that change to the ToS by Eclipse Networks Ltd shall not be grounds for early contract termination or non-payment.
In this Agreement, unless the context requires otherwise, the following words shall have the following meanings:
"Abuse Complaint" is a complaint, either by Eclipse Networks Ltd or a third party, about the Client's use of the Services;
"Bandwidth" is the data transferred by the Client using the Services to other equipment on the Internet. For the avoidance of doubt, this includes transfer of data between the Services and other equipment hosted by Eclipse Networks Ltd;
"IP" means Internet Protocol;
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names, and goodwill;
"Latency" is defined as the meantime for a packet to be transmitted between two points in the Eclipse Networks Ltd;
"Network" means the Internet;
"Network Data" means data transmitted by the Client to the Network;
"Network Availability" is defined as the percentage of time Eclipse Networks Ltd is contactable over a calendar month;
"Network Unavailable Time" is when a portion or the entirety of the Eclipse Networks Ltd network is unavailable, and this affects the provision of the Services to the Client. Network Unavailable Time excludes Scheduled Maintenance, and those situations defined in the "Exclusions" section of the Network Service Level Agreement;
"Notified Maintenance" means essential maintenance to be carried out by Eclipse Networks Ltd in relation to the Services, Hardware and/or Software, which has been notified to the Client;
"Packet Loss" is the number of packets, as a percentage, that does not reach their destination within the Eclipse Networks Ltd network;
"Schedule" means the schedules and/or Internet/telephone orders to this Agreement from time to time, describing the Internet-related services requested by the Client including without limit details of the requested Bandwidth, Hardware, and Software; "Scheduled Maintenance" is defined as maintenance necessary for the continued provision of service, including but not limited to network upgrades and security updates;
"Services" means the Internet-related services described in any Schedule made hereunder and which are supplied or to be supplied by Eclipse Networks Ltd on and subject to the terms of this Agreement and any schedules made hereunder;
"SLA" means service level agreement;
"Software" means the computer software provided by Eclipse Networks Ltd in connection with the Services;
"Storage" means the amount of data stored on the Client's hardware, including but not limited to the Client's software;
"Threat" means any and all malicious activity, including without limitation, any viruses, worms, trojan horses, malware, and any other malicious code;
"Support Call" is defined as a telephone call by the Client to Eclipse Networks Ltd telephone number, published on Eclipse Networks Ltd;
"Billing Portal" is the billing control panel that the Client may access at https://eclipsenetworks.ltd.uk/store/vps
Refunds and Disputes
All server plans that are on a monthly payment plan will be eligible for a refund within 7 days of the creation of the server in our database, this point is not marked by the time at which your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause. In addition, the downgrading of a service plan will be applied to the client’s account as a credit for the remaining balance of the monthly billing cycle. Any credit applied to the account from downgrading the server plan is also non-refundable. Credit added using the “Add Funds” function is non-refundable and is automatically applied to your invoice each pay period. Any accounts which initiate a chargeback or dispute on a payment will have their services automatically terminated and the account closed.
To terminate your services you must cancel any PayPal subscriptions active and cancel via our WHMCS billing area at https://eclipsenetworks.ltd.uk/billing. A cancellation can be induced at any point in time and executed immediately or at the end of the billing period.
Eclipse Networks Ltd will attempt to cancel PayPal subscriptions via API requests after receipt of a cancellation request, however, it is the client’s responsibility to ensure any active PayPal subscriptions to Eclipse Networks Ltd are canceled via their PayPal. Therefore, we cannot and will not be responsible for unintended payments made via the automatic payment subscription service. Click here for more information on how to cancel a PayPal Subscription.
Eclipse Networks Ltd is not responsible for unintended payments made from using the automatic payment subscription service through Stripe or Paypal.
Cancellation requests are not refunded requests. If you are eligible for a refund then a formal refund request ticket must be sent within the 7 day refund period. Any requests made outside of that refund period are not valid or eligible for a refund.
If you cancel your service the invoice from that month needs to be paid or we will charge an extra 20% of the product on top as a late fee.
All services that are late over 2 weeks will have a late fee of 20% of that product added.
Liability Limitation and Exclusion
Eclipse Networks Ltd, under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including that of unauthorized access to our server systems or any other loss of data. Eclipse Networks Ltd shall not be held liable for any disruption, delay, or disconnection of services for any period of time.
All Support requests for any services provided by Eclipse Networks Ltd shall be submitted through a Support Ticket or Discord Server Support. Any other form of contact other than the Billing Panel Ticket system or Official Discord Server is not guaranteed a proper answer from an official Eclipse Networks Team member. In addition, not all support requests will be able to be performed over the Billing Panel Support service. Support agents will direct you through the ticket if this is necessary.
While we offer instant database creation from our Pterodactyl panel you need to understand that our databases are provided as a free service. Because of this we do not hold any liability for MySQL data loss or corruption. By using a database provided by Eclipse Networks Ltd you understand that we reserve the sole right to terminate it if we deem it necessary, additionally, our MySQL service is not to be used for personal use, this is not limited to but includes private websites, and other non-server uses.
Eclipse Networks Ltd cannot guarantee that all promotion codes will always be available. We reserve the right to disable any promotion at any time.
Eclipse Networks Ltd offers both a Partnership program and an Affiliate program. Partners and Affiliates are expected to uphold the values of Eclipse Networks Ltd along with our ToS. Partnerships and Affiliate programs can be terminated at any time.
Eclipse Networks Ltd retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring involvement of law-enforcement agencies.
While we offer unlimited bandwidth and space to our customers we reserve the right to request that you delete excessive file such as large logs or anything else we deem excessive. We do not support the use of any custom jar file or files uploaded by the user. Any uploaded files that cause the server to lag or make the server unplayable are not the responsibility of Eclipse Networks Ltd.
If we find your server using any sort of exploit to bypass limits put on your server such as RAM or security your server is subject to being terminated without refund. User will also loose access to using any of our services in the future.
Additionally we reserve all rights to terminate your server or service upon any violation of these terms or any other basis if deemed needed.
Eclipse Networks Ltd services may not be used for illegal purposes, or in support of illegal activities. Eclipse Networks Ltd reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Using of the Eclipse Networks Ltd services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Using of the Eclipse Networks Ltd services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Use of Eclipse Networks Ltd service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.”
Use of the Eclipse Networks Ltd service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Eclipse Networks Ltd or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Eclipse Networks Ltd account is subject to immediate termination and further investigation.
Network disruptions and unfriendly activity:
Use of the Eclipse Networks Ltd service for any activity which affects the ability of other people or systems to use Eclipse Networks Ltd Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Eclipse Networks Ltd will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.
Third-party Links, Sites and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Eclipse Networks Ltd. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Eclipse Networks Ltd, you do so at your own risk and you agree that Eclipse Networks Ltd will have no liability arising from your use of or access to any third-party website, service, or content.
Support Abuse Policy Guidelines
The following are our support policy guidelines that all clients must abide by using our services. Any violations of these terms and conditions can result in a temporary or permanent ban from services such as Live Chat, Premium Support, or permanent termination of their account.
Please read this agreement carefully before registering and using the Eclipse Networks Ltd support services. By signing up for the Eclipse Networks Ltd, you indicate your acceptance of this agreement and its terms and conditions.
Any form of racist, sexist, or harassing language.
Threats, either personal or professional. That includes threatening to initiate undue chargebacks with their credit card processor, threatening to expose information about the support agent, emotional blackmail, stalking, and constant harassment.
A history of bad behavior with no sign of improvement or change.
Frequent and repeated requests especially when ignoring support’s responses/resolutions.
Fraudulent activity or phishing attempts trying to “trick” agents into giving out information or completing requests they know aren’t permitted.
Any forms of hardware abuse. solicitation or illegal activity being performed using our services.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. Who We Are
2.1 Here are our details:
- Our Website address is www.eclipsenetworks.ltd.uk
- Our company name is Eclipse Networks Ltd
- Our trading name Eclipse Networks Ltd / HostDr
- Our registered address is Kemp House, 160 City Road, London, EC1V 2NX
- Our trading address is Kemp House, 160 City Road, London, EC1V 2NX
- Our Data Protection Act Number is ZB190793.
- Our CRN is 13825975.
3. What we may collect
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.
Contact Data includes billing address, invoicing address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments and other details of our Services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our Website and Services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Interaction Data includes any information that you might provide to any discussion forums on the Website.
Cookies Data like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.
Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
3.4 [We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we do collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) and it is necessary to do so for our business, we will obtain your specific consent, unless we have another lawful basis to do so.]
3.5 Under UK GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies [Note only include the basis that you are relying on]:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
4. How we may collect and use your data
4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) present Website content;
b) use any of our Services;
c) create an account on our Website;
d) subscribe to our Services or publications;
e) request marketing to be sent to you;
f) enter a competition, promotion or survey; or
g) give us some feedback.
4.2 In addition to the above, we may use the information in the following ways:
a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b) To administer a contest, promotion, survey or other site feature.
c) If you have consented to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
d) Present Website content effectively to you.
e) Provide information, and services that you request, or (with your consent) which we think may interest you.
f) Carry out our contracts with you.
g) Provide the relevant Services to you
h) Tell you our charges.
4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
4.4 If you are a new customer, you will only be contacted if you agree to it.
4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
4.6 In addition, if you don't want us to use your personal data for any of the other reasons set out in this section in 4, you can let us know at any time by contacting us at email@example.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products and services to you.
4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products and services we can provide you if you don't provide your personal data in these cases.
4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
a) Where we need to perform the contract we are about to enter into or have entered into with you.
b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
c) Where we need to comply with a legal or regulatory obligation, for example compliance with health and safety, tax or other statutory obligations.
4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at [Email Address], and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you.
5.1 All Cookies used by and on our website are used in accordance with current UK Cookie Law.
6. Where we store your data and security
6.2 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
6.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6.4 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
6.5 Any payments made by you, will be encrypted.
6.6 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
6.7 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
6.8 If we give you a password upon registration on our Website, you must keep it confidential. Please don't share it.
6.9 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
7.1 We are allowed to disclose your information in the following cases:
7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.
7.1.2 We can disclose it to other businesses in our group.
7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.
7.1.4 We can exchange information with others to protect against fraud or credit risks.
7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:
[Insert the list of companies that may access the data]
7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under UK GDPR and the law. Any third party that we share data with will not be permitted to use it for any other purpose than fulfilling their contract with us.
8. Your rights
8.2 Under the UK GDPR, you have the right to:
request access to, deletion of or correction of, your personal data held by us at no cost to you;
request that your personal data be transferred to another person (data portability);
be informed of what data processing is taking place;
to object to processing of your personal data; and
complain to a supervisory authority.
8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
9. Links to other sites
9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
11. Automated Decision-Making and Profiling
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under UK GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
12. Terms and Conditions
12.1 Please also visit our Terms and Conditions section https://eclipsenetworks.ltd.uk/index.php?m=TermsOfService establishing the use, disclaimers, and limitations of liability governing the use of our Website.
13. Your agreement
14. Dispute Resolution