2. Service Rates: Subscriber acknowledges that
the nature of the service furnished and the initial rates and charges have been
communicated to Subscriber. For Monthly payment terms, fees for account add-ons
begin the next payment term for hosting services and subsequent payments are
due on the anniversary date of the payment term for hosting services. For all
other payment terms, the Subscriber will be charged for account add-ons for
the full months remaining in the current payment term for hosting services and
subsequent payments are due on the next anniversary date of the payment term
for hosting services. Subscriber is aware that easywebbuilders.com may prospectively
change the specified rates and charges from time to time.
3. Payments and Fees: All
payments are final and nonrefundable! Accounts are set up on a prepaid
basis. Subsequent payments are due on the anniversary date of the payment term
for that term's service. Account holder must renew service before the term is
up, otherwise the account will be terminated upon anniversary. If you dispute
a charge to your credit card issuer that, in easywebbuilders.com's sole discretion
is a valid charge under the provisions of the TOS and AUP, you agree to pay
easywebbuilders.com an "Administrative Fee" of $100. All payments
must be in U.S. currency.
4. Failure to Pay: Subscribers are responsible
to keep their e-mail address and credit card information up to date with easywebbuilders.com
to avoid account cancellation if a problem should arise with the processing
of payment. Any account not brought current within a week (7 days) of e-mail
notice or exceeding this time frame in any way is subject to suspension. Accounts
not paid by due date are subject to a $10 late fee. Service interrupted for
non-payment is subject to a $10 reconnect charge. A 10% annually finance charge
is assessed to all outstanding balances until payment has been received. Account
may be turned over to a collection agency if payment has not been received in
full within 30 days. If you desire to cancel your account, please follow the
proper procedure to do this as outlined in this TOS. Such termination will not
relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
5. Account Cancellation: We reserve the right
to cancel service at any time. Any violation of policies which results in extra
costs will be billed to the Subscriber. All account cancellation requests must
be sent to firstname.lastname@example.org and include the following information:
- domain name
- ftp password
- reason for cancellation
- desire date of cancellation
- last 4 digits of the credit card used to pay (use postal
code if paid by e-check)
A cancellation confirmation e-mail will be sent to the primary
e-mail address on the account. Subscriber's account cancellation is not complete
unless Subscriber receives a confirmation e-mail with a cancellation code. A
cancellation code can only be generated if the billing information for the Subscriber
has been removed from our system.
6. Domain Registration: You are responsible
to purchase your domain name. Once you buy the domain name and submit it to
us, it will be set up and entered into our DNS servers within 1 to 3 business
days. Due to unforeseen complications, however, this process may sometimes require
up to 7 business days. Since the domain name is registered by the account holder,
there will be no handling fee imposed by easywebbuilders.com.
7. Domain Record Modification: The domain record
modification/transfer process is the complete responsibility of the the domain
owner. If you need assistance modifying your domain record, please contact your
domain registrar for technical support. easywebbuilders.com will not provide
excessive support resources assisting customers in the domain record modification
process. It is important to understand that easywebbuilders.com has no power
to make modifications to a Subscriber's domain record than a complete stranger
would. The domain name owner is completely responsible for the information (including
the name servers) that is contained within the domain record.
8. Technical Support Boundaries: easywebbuilders.com
provides support related to issues of the server not functioning within acceptable
established parameters. easywebbuilders.com does not offer tech support for
application specific issues and application/server conflicts with cgi programming,
html, asp, php, mysql, or any other such issue.
9. Backups: easywebbuilders.com performs periodic
backups of critical system files for emergency purposes. Subscribers should
not rely on easywebbuilders.com to perform site/data backups for them. Subscribers
are responsible for backing up their own data. MySQL data dumps can be easily
performed by the Subscriber via the included phpMyAdmin utility. Subscribers
are advised to backup all of their own files to their local drives.
10. Unsolicited Commercial E-mail (SPAM): easywebbuilders.com
takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail
or SPAM over our network. Very simply this means that Subscribers of easywebbuilders.com
may not use or permit others to use our network to transact in SPAM in any way.
Violations of this policy carry severe penalties, including termination of service.
- Violation of easywebbuilders.com's SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our SPAM
policy, easywebbuilders.com will initiate an immediate investigation. During
the investigation, easywebbuilders.com may restrict Subscribers access to
the network to prevent further violations. If a Subscriber is found to be
in violation of our SPAM policy, easywebbuilders.com may, at its sole discretion,
restrict, suspend or terminate Subscriber's account. easywebbuilders.com reserves
the right to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. easywebbuilders.com will notify law enforcement
officials if the violation is believed to be a criminal offense.
- A violation of this policy will result in an "Administrative
Fee" of $150 and the Subscriber's account will be terminated. Subscribers
who violate this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed $175 per
hour that easywebbuilders.com personnel must spend to investigate the matter.
Please do not SPAM from your account or even from an outside account that
references a domain name that is hosted by easywebbuilders.com.
11. Personal Account Security: Subscribers
are responsible for any misuse of their account. Subscribers must take steps
to ensure that others do not gain unauthorized access to their account. It is
the responsibility of the Subscriber to keep his/her password secure. Subscribers
cannot make subaccounts publicly available unless the Subscriber is a company
12. Third Party Accountability: easywebbuilders.com
Subscribers will be held responsible and accountable for any activity by third
parties, using their account, that violate easywebbuilders.com's AUP and TOS.
Subscribers must take caution when creating subaccounts for acquaintances. If
a user of a subaccount violates any of easywebbuilders.com's policies, the Subscriber's
account will be cancelled permanently.
13. Network Usage
- IP Address Usage: Our allocation of IP
addresses is limited by ARIN's new policies. These new policies state that
use of IP addresses for IP based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is that we MUST use name-based
hosting where possible.
- Data Transfer and Disk Space Usage: Subscriber
agrees that data transfer and disk usage shall not exceed the number of megabytes
per month for the services ordered by Subscriber (the "Agreed Usage").
easywebbuilders.com shall have the right to take corrective action if Subscriber's
data transfer 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. If easywebbuilders.com takes any corrective action
under this section, Subscriber shall not be entitled to a refund of any fees
paid in advance prior to such action. In the event that Subscriber exceeds
the included allocation, easywebbuilders.com may, at its sole discretion,
collect a deposit, in an amount determined by easywebbuilders.com, against
Subscriber's credit card on file with easywebbuilders.com.
- System and Network Security: Violations
of system or network security are prohibited, and may result in criminal and
civil liability. Examples include, but are not limited to the following: Unauthorized
access, use, probe, or scan of a systems security or authentication measures,
data or traffic. Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks.
14. Suspension of Service or Cancellation:
easywebbuilders.com reserves the right to cancel service at any time for any
reason. Any violation of policies which results in extra costs will be billed
to the Subscriber. (i.e. transfer, space etc.) Prior notification to the Subscriber
is not assured. In extreme cases, law enforcement will be contacted regarding
the activity. The Subscriber will not be credited for the time the Subscriber's
account was suspended.
15. Indemnification: Subscriber agrees that
it shall defend, indemnify, save, and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against us, its agents, its customers, officers and employees, that
may arise or result from any service provided or performed or agreed to be performed
or any product sold by customer, its agents, employees or assigns. Subscriber
agrees to defend, indemnify, and hold us harmless against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (2) any material supplied
by Subscriber's infringing or allegedly infringing on the proprietary rights
of a third party; (3) copyright infringement and (4) any defective products
sold to customer from our servers.
16. Disclaimer: We will not be responsible
for any damages your business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We disclaim any warranty or merchantability
or fitness for a particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by the hosting company and its employees. We reserve the right to revise
our policies at any time. Subscriber further acknowledges that the easywebbuilders.com'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.
Amendments: easywebbuilders.com reserves the right to revise
its policies at anytime. The current policy can be viewed 24 hours a day on
the easywebbuilders.com web site at http://www.easywebbuilders.com/policy.html.
Subscriber understands that changes to the TOS and AUP by easywebbuilders.com
shall not be grounds for early contract termination or nonpayment.
Acceptable Use Policy:
1. Illegal Use: easywebbuilders.com's services
may not be used for any purpose that violates any law, whether local, state,
federal or international.
2. Fraudulent Activity: Use of easywebbuilders.com
to violate any applicable federal, state, local or international laws is prohibited.
You agree that you will not use easywebbuilders.com to commit a crime or fraud,
or to plan, encourage or help others to commit a crime or fraud, including but
not limited to engaging in a pyramid scheme, a ponzi scheme, or sending chain
3. Forgery or Impersonation: Use of easywebbuilders.com
to impersonate another user, falsify one's user name, age or identity in e-mail
or in any post or transmission to any newsgroup or mailing list or other similar
groups or lists is prohibited. You agree that you will not forge any message
header of any electronic transmission, originating or passing through easywebbuilders.com.
4. Copyright or Trademark Infringement: Use
of easywebbuilders.com to send or receive any information which infringes the
patents, trademarks, copyrights, trade secrets or proprietary rights of any
other person or entity is prohibited. This includes, but is not limited to digitization
of music, movies, photographs or other copyrighted materials or software.
5. Adult Oriented / Objectionable Material:
We expressly forbid anyone from using our servers for the propagation, distribution,
housing, processing, storing, or otherwise handling in any way lewd, obscene,
or pornographic material, or any other material which we deem to be objectionable,
including, but not limited to, pornography and swim suit material, raciest material,
satanic materials, and any and all materials of an adult nature. The designation
of any materials as such described above is left entirely to the discretion
of our management.
6. Unsolicited Bulk E-mail (SPAM): Even though
easywebbuilders.com cannot entirely control what e-mail our customers receive,
we do take action against Subscribers that use our servers to send SPAM. If
it is brought to our attention that one of our Subscribers is abusing their
account regarding SPAM, then we will immediately terminate the offending Subscriber's
account under the guidelines of our AUP and TOS.
7. E-mail / News Bombing: Use of easywebbuilders.com
to send a crippling number of files across a network is prohibited.
8. E-mail / Message Forging: Attempting to
forged headers or other identifying information is prohibited. Using deliberately
misleading e-mail addresses (email@example.com.NOSPAM) in news postings in order
to avoid SPAM e-mail address collectors is allowed.
9. Newsgroup SPAMing: Use of easywebbuilders.com
to post a similar item to more than three newsgroups or mailing lists is prohibited.
All post to any newsgroup must be in accordance with that newsgroup's policies.
10. Network Disruptions: Use of the easywebbuilders.com
for any activity which affects the ability of other people to use easywebbuilders.com
Services or the Internet is prohibited. This includes denial of service attacks.
11. Distribution of Viruses: Use of easywebbuilders.com
to intentionally transmit computer “viruses,” worms, “Trojan
horses” or other harmful software programs is prohibited. User must make
their best efforts to prevent the unintentional transmission of such viruses
or other harmful software.
12. Misuse of System Resources: easywebbuilders.com
hosting accounts operate on shared servers. What this means is there are many
other domains hosted on one server. Excessive use of shared server resources
by one Subscriber could have a negative impact for all Subscribers hosted on
that server. Subscribers are prohibited from excessive consumption of CPU time
and memory. Subscribers may not use resource-intensive programs which negatively
impact other customers or the performance of the server.
- Background Running Programs: We
may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed. Port forwarders are NOT
allowed under any circumstances.
- Unauthorized Processes: Subscribers may
not run unauthorized processes from their account. This includes but is not
- Eggdrop IRC bots
- IRC bouncers
- Screened processes
- Server daemons
- IRC clients
- ICQ clients or any form of instant messaging service
(Yahoo, AOL, etc)
- Multiple Accounts: Subscribers are not allowed
to use multiple accounts to avoid overages. (Example: A download company orders
two accounts. The company places some files on each account to avoid paying
for additional disk space. This is not allowed.)
- Chat Rooms: We do not allow Subscribers
to install chat rooms. Chat rooms tend to be large system hogs and we cannot
allow it as an account option on our shared servers.
- Forums: Subscribers are prohibited from
installing forums without approval from easywebbuilders.com. There is generally
no cost to run a forum. If the forum uses an excessive amount of system resources,
an extra charge will be incurred based on system resources used by the forum.
Forum software using flat-file databases (e.g. UltimateBB, YaBB, IkonBoard
flat-file version) are strictly prohibited.
- Disk Space: All (90%) of Subscribers web
pages (html) must be 'linked' with files stored on the server. Web sites that
are being used as storage for backups are prohibited. Sites found to contain
no html documents, a large number of unlinked files, or sites being used as
mirrors for archive files are subject cancellation at the discretion of management.
Sites with files running from their domain used on other domains is prohibited.
Sites used for the purpose of being a repository or mirror for graphics, cgi
scripts, multimedia files, or any other type of file is prohibited.
- E-mail: Sites that need to send between
1,000 and 5,000 non-SPAM e-mails per day will need to upgrade to a mail server
for an additional $40/month. Sites that need to send more than 5,000 non-SPAM
e-mails per day must contact the sales department to make special arrangements.
13. Unauthorized Access: We will strongly react
to any use or attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "internet scamming" (tricking
other people into releasing their passwords), password robbery, security hole
scanning etc. Any unauthorized use of accounts or computers by a user, whether
or not the attacked account or computer belongs to us, will result in action
against the attacker. Possible actions include warnings, account suspension
or cancellation, and civil or criminal legal action.
14. Collection of Personal Data: Use of easywebbuilders.com
to collect, or attempt to collect, personal information about third parties
without their knowledge or consent is prohibited.
15. Harm to Minors: Use of easywebbuilders.com
to harm or attempt to harm a minor, including but not limited to using easywebbuilders.com
to send pornographic, obscene or profane materials is prohibited.
16. Threats And Harassment: Use of easywebbuilders.com
to transmit any material that threatens or encourages bodily harm or destruction
of property or which harasses, abuses, defames, or invades the privacy of any
other person or entity is prohibited.
17. Unfriendly Activities: easywebbuilders.com
users must be courteous and respectful at all times. Refrain from obscene, offensive,
or rude language. Abusing or harassing other users or staff members by any method
is prohibited and will result in cancellation of Subscriber's account. Please
respect the rules, others with whom you share the service, and the staff members
who work hard to improve upon and provide you these services. Adherence to these
guidelines will help to make use of the service a positive experience. If an
issue arises that simply infuriates you, please consider canceling your account.