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[ EyeoftheStorm.net ] Web Hosting TOS (Terms of Service)[ EyeoftheStorm.net ] Web Hosting is a division of EOTS Media and hereinafter referred to as "[EyeoftheStorm.net] Web Hosting," "our," "we," and/or "us." These Terms of Service (TOS) are the sole guide by which all clients of our web hosting services agree to abide. Under the terms of this agreement, your use of our services is contingent upon the acknowledgement that you have read, understood, and agreed to be bound by the following terms and conditions. We reserve the right to change these Terms of Service at any time. [ EyeoftheStorm.net ] Web Hosting provides hosting services to a variety of individuals and business entities. It is our responsibility to ensure that each user is provided with the best possible service. These rules and regulations are in place to make everyone's hosting experience safe and beneficial. We reserve the right to change this policy at any time without prior notification. If you have any questions about these policies, please contact us. [ EyeoftheStorm.net ] Web Hosting reserves the right to require changes to, suspend or terminate as necessary any web site, account, database, or other component that does not comply with our policies. [ EyeoftheStorm.net ] Web Hosting also reserves the right to make any such modifications at our sole discretion and without prior notice if we belive that your actions jeopardize our servers, clients and.or us, or have the ability to put our servers, clients and/or us at risk. In the case of deactivation for failure to comply with these policies, a refund will not be issued. End User Agreement You agree and understand that the account you purchase is purchased for your own use. You understand that as a hosting client, you are solely responsible for all use of the account. Account holders may not sublease, sub-host or give away any control of any portion of their space and/or resources, unless you have been granted written permission from us to do so. User Conduct and Account Content Our services may be used for lawful purposes only. Any use of our services which violates any laws which applying to [ EyeoftheStorm.net ] Web Hosting, your local jurisdiction, or any jurisdiction to which you or your site may be subject, is strictly prohibited. It is your responsibility to be aware of your City, State and Federal laws. In particular, while using our services you may not:
[ EyeoftheStorm.net ] Web Hosting reserves the right to determine and define what constitutes abuse. [ EyeoftheStorm.net ] Web Hosting also reserves the right to refuse service to anyone we deem unable to uphold our rules and regulations. Resource Usage Your use of our servers is acknowledgment that you may not:
Failure to comply with these restrictions will result in termination of your account and you will be responsible for any costs or fees incurred by your actions. Quota and Disk Usage You are required to monitor your bandwidth quota and storage usage. The first time that you use more bandwidth or storage than has been allotted, you will be issued a warning. In the event that overuse recurs, you will be charged "Add-On" rates in the next billing cycle. Shell Access (SSH) Shell access will be provided upon request. This feature is not part of the default account settings and you may request shell access only after 4 months of service with [ EyeoftheStorm.net ] Web Hosting. The request must include the domain, username and a full explanation as to why you need Shell access. We reserve the right to refuse this request to any account holder for any reason. Any domain that employs a script that can be used to elevate privileges, or enable SSH services, will be instantly disabled and terminated as a violation of these terms. Adult-Oriented Sites We prohibit any graphic "adult-oriented" sites, also known pornography sites. If you are uncertain as to what constitutes pornography, please email us for clarification. Account Violations We take a ZERO TOLERANCE stance against any of the following activities:
Failure to comply with these restrictions will result in termination of your account. Unsolicited Email / SPAM "SPAMMING" or the sending of unsolicited email and/or commercial advertisements
from our servers, or using a return email address that is maintained on our servers,
are strictly prohibited. This prohibition also includes bulk email sent out to advertise a
site(s) that we host. In the event that an account violates this policy, the account
will be terminated immediately and a refund will not be issued.
Email List Usage All account holders who wish to utilize an email list within their account must be approved for use on our servers. Only low traffic lists which drop a mailing no more then 2 times per month are allowed. The list must have no more then 500 users and must be "double opt-in", with a link to unsubscribe in every mailing. Failure to comply to these rules will result in account suspension and possible termination. Sites which offer free email services are strictly prohibited. We reserve the right to terminate sites of this nature as we consider them harmful to our server's performance. Intellectual Property Rights [ EyeoftheStorm.net ] Web Hosting will respond to all reports of intellectual property rights infringement. This includes any materials which are protected under the United States or other copyright laws, or any other copyright laws protecting trademarks, proprietary information etc. We will act in accordance with the Digital Millennium Copyright Act (DMCA) when investigating reports of infringement. In turn, you understand that by using [ EyeoftheStorm.net ] Web Hosting services, such information becomes available to all Internet users and that [ EyeoftheStorm.net ] Web Hosting is not responsible for limiting or restricting access to such information, nor are we responsible for protecting such information from copyright infringement. You readily assume complete responsibility and risk for your usage of [ EyeoftheStorm.net ] Web Hosting and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, as well as the quality and marketability of all merchandise provided through any third party. You also expressly grant [ EyeoftheStorm.net ] Web Hosting the right to cache all of your files and/or data on our system including any and all content supplied by third parties hosted by [ EyeoftheStorm.net ] Web Hosting under this agreement, and agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. Backups Although backups of files are made by us daily, the integrity of backups created by our system are not guaranteed. We do not provide any compensation for lost and/or damaged files and/or data. The account holder is soley responsible for files and/or data residing on the account. You agree to take complete responsibility for files and/or data transferred, and to maintain all appropriate backup of files and data stored within your account with us. It is the account holder's responsibility to maintain local copies of their web content and information. Security You agree not to interfere with the operation of the system and/or server. You further agree not to interfere with the proper operation of other systems and/or servers reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to any and all server policies we publish, including restrictions on services available with each service type, and restrictions on certain features. You agree to abide by any and all future [ EyeoftheStorm.net ] Web Hosting policy decisions. Payment Policies All account holders will receive a confirmation letter via email every 30 days stating the fees due for the following payment cycle. You agree to make the full payment in advance for all services received from [ EyeoftheStorm.net ] Web Hosting for the time period during which such services are provided. You agree that, until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurrrent basis. If after the receipt of the email confirmation from [ EyeoftheStorm.net ] Web Hosting, the account is not paid in full within 7 days, the account will be suspended. To reactivate your account from suspension, you must pay the charges due on the account, and will be charged an additional $25 late fee plus a $15 reactivation fee. Failure to pay all charges and fees in full within 30 days will result in account termination. The account holder will be liable for all attorney, court and collection fees arising from [ EyeoftheStorm.net ] Web Hosting's efforts to collect any unpaid balance on your accounts. All account subscribers of our services are responsible for all charges owed to [ EyeoftheStorm.net ] Web Hosting, from the activation of the account to the expressed cancellation of the account. All account subscribers agree that no refunds will be issued by us in the event of mid-term termination by either [EyeoftheStorm.net ] Web Hosting or the client. All monetary transactions are in U.S. currency. If you have any question regarding billing, please contact our billing department. E-Commerce [ EyeoftheStorm.net ] Web Hosting is not responsible for any commercial transactions from your site hosted by [ EyeoftheStorm.net ] Web Hosting. You are solely responsible for the development, operation and maintenance of your online store. It is also your responsibility to secure any transaction with your clients and to keep their personal information confidential. Money-Back Guarantee Each hosting plan includes a full 15-day money-back guarantee. If you are not satisfied with our services within the first 15 days of service, you will be given a full refund of all fees paid to [ EyeoftheStorm.net ] Web Hosting within 30 days of the date that [ EyeoftheStorm.net ] Web Hosting receives written notification. No refund is available after the initial 15 day period. Accounts cancelled/terminated by [ EyeoftheStorm.net ] Web Hosting for violation of our Terms of Services/Acceptable Usage Policy do not qualify for the 15-day money-back guarantee. Only first-time accounts are eligible for a refund. If you have had a prior account with us, cancelled an account, and then resumed services through an account with us, you will not be eligible for a refund under the conditions of the 15-day money-back guarantee. Uptime Guarantee [ EyeoftheStorm.net ] Web Hosting guarantees an uptime of 99% in any calendar month. Should we not attain 99% uptime, we will credit your account as follows :
Service credits for downtime according to the above chart will be automatically be applied to your next invoice. Cash refunds will not be issued as a result of downtime. This service credit guarantee does not include downtime caused by upstream network outages, internet congestion, outages caused by acts of nature, or and facility power failures of any cause. To claim this credit you must make a specific credit request during or within (5) days of the month in which the downtime occurred. You must provide all dates, times and durations of server downtime, along with your account information, to our billing department. Your claim will then be verified through our records of operation. Cancellation Policy Accounts can be cancelled at any time. All cancellation requests must be submitted by email by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within our 15-day money back guarantee period. You must include in your cancellation request your account username and password for verification. No Warranties [ EyeoftheStorm.net ] Web Hosting makes no warranties or representations of any kind for the services being offered. The service is provided without warranties of any kind, express or implied, including (but not limited to) warranties of title, non-infringement, or implied warranties regarding commercial transactions under subscriber's accounts or fitness for a particular purpose. No advice or information given by [ EyeoftheStorm.net ] Web Hosting or its agents or employees shall create a warranty. Under no circumstances shall [ EyeoftheStorm.net ] Web Hosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof; or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. You understand that by placing information on [ EyeoftheStorm.net ] Web Hosting servers, such information becomes available to all Internet users and that [ EyeoftheStorm.net ] Web Hosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of [ EyeoftheStorm.net ] Web Hosting servers and the internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, as well as the quality and merchantability of all merchandise provided through [ EyeoftheStorm.net ] Web Hosting or on the internet in general. Your use of the service is at your sole risk. [ EyeoftheStorm.net ] Web Hosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored on [ EyeoftheStorm.net ] Web Hosting servers. You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by [ EyeoftheStorm.net ] Web Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future [ EyeoftheStorm.net ] Web Hosting policy decisions. Indemnification You agree to indemnify, defend, and hold harmless [ EyeoftheStorm.net ] Web Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, court costs, causes of action or claims caused by, or resulting directly or indirectly from your use of the service which damages the account holder or any other party. Agreement Acknowledgement This agreement supersedes any written, electronic, or oral communication you may have had with [ EyeoftheStorm.net ] Web Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined as invalid or unenforceable, all other provisions shall remain in full force and effect, and said provision shall be reformed only to the extent necessary to make it enforceable. By using [ EyeoftheStorm.net ] Web Hosting services, you are stating and acknowledging that you have read the aforementioned terms and conditions, you understand such terms and conditions, and agree to be bound by them. Any questions regarding these terms must be sent to our Sales Department prior to making payment for our services. Last Update May 3, 2005 |