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| EasiHost Terms Of Service |
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EasiHost agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is being used our service(s) or
product(s). 1. Terms The customer agrees to a month to month contract term for services, unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. 2. Price Change The amount you pay will not increase from the date of purchase. However, we reserve the right to change prices listed on EasiHost, and the right to increase/decrease the amount of resources given to plans at any time. 3. Cancellations If you wish to cancel your account, you may do so from your client control panel at any time without penalty, however we do not give full or partial refunds for service time not used. Subscriptions must also be cancelled from your PayPal account if you paid via PayPal. 4. Violation Notification EasiHost is under no duty to look into each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities. If we receive reports of account violation or hosting of illegal materials, we will access your account to investigate such claims. 5. Suspension / Termination EasiHost reserves the right to suspend the account at any time with or without notice under the following circumstances:
6. Spam and Unsolicited Emails EasiHost has a 0% tolerance policy on spam and Junk E-mail. Spam / Junk-mail / UCE are defined as: The sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of EasiHost whether or not the message actually originated from our network. EasiHost mass mailing rules also apply to mailing lists, list servers, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future. If your actions have caused EasiHost's mail servers or EasiHost's IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, your account will be suspended immediately. 7. Account Responsibility All services provided by EasiHost may only be used for lawful purposes. The customer agrees to indemnify and hold harmless EasiHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate suspension of your account. If you believe that your copyright or trademark is being infringed upon, please contact us with proof of copyright ownership. If the request is of a licensing issue, we may require further documentation. 8. Adult Orientated Websites We permit the hosting of adult orientated websites under the following terms:
Any material found, which in our judgement is threatening, inciting rape, torture, abuse or beastiality, will be removed from our servers without notice. We reserve the right to terminate your account without notice depending on the nature of such videos or images. 9. Credit Any credit given from EasiHost can only be used towards hosting service from EasiHost. Any credit from EasiHost cannot be refunded to your credit card, Paypal, or bank account. 10. Account Setup PayPal / MoneyBookers / AlertPay Due to an increase in fraud transactions using the above Payment vendors, we now perform a security check. After purchasing your plan, you must contact EasiHost with your order number. We will then contact you Via the EMail address that is on the payment source's account, and ask you to verify that you confirm that you made the order. Soon as we receive a confirmation EMail back from the Payment source, we will continue to setup the account. NOTE: If you do not Pay for you order within 24 hours, your order will be cancelled and your account deleted. Please also note that we only do business from Verified PayPal / MoneyBookers / AlertPay accounts. If your account is not verified, your order will be cancelled. Authorize.net Due to the amount of fraudulent transactions using Authorize.net, we no longer accept Authorize.net as a payment source. All new accounts are setup within 24 hours upon received / cleared payment and our fraud measures. 11. Responsibility Reselling is only allowed on our Reseller packages. Subletting/Reselling of space is strictly prohibited on Shared Hosting Packages. Shared Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination. Resellers are responsible for providing all support to their clients directly while EasiHost will provide support directly to you. If a reseller’s client contacts us, EasiHost reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their client’s behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. EasiHost will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP. 12. SSH / Telnet Access If you require SSH, Shell, Telnet access on your WebHosting account, please contact us to have it enabled. 13. Security You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and will result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network (denial of service attacks). This includes, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" a host, accessing or copying system files to your account. All SSH Shell Access is logged for security purposes. Any user found probing the servers system files, viewing the servers IP addresses or copying system files or any other users account files to their own account will be classed as hacking, and will be terminated immediately without warning. Users who violate systems or network security may incur criminal or civil liability. EasiHost will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. 14. Bandwidth and Disk Quota You are allocated a monthly bandwidth allowance. This allowance varies depending on the WebHosting package you purchase. Should your account pass the allocated amount, your account will be automaticly suspended by our system. Our system will send you Emails advising you that you have reached 70% and 90% of your monthly usage. It is your responsibility to ensure that you do not exceed your quota. If you are expecting to use more than your allowance, you must contact us to arrange a tempory extension. You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during ordering process. you must respond and resolve exceeding disk space within 48 hours, whether you will remove files or purchase additional disk space. Failure of this will cause suspension of your account/service. 15. System and Network Resources An Individual WebHosting account or reseller hosting account may not:
EasiHost WebHosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. EasiHost reserves the right to suspend or terminate any hosting account deemed to have an adverse affect on server performance or network integrity. 16. Downtime Downtime is defined as any EasiHost scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice. Other downtime could be caused by unexpected outages caused by clients running malicious scripts, in which we will rectify as soon as possible, and terminate immediately offending the account(s). 17. Backups and Data Loss EasiHost performs backups of all our accounts for our own emergency purposes only. Please note the following regarding account backups:
18. Migration Service EasiHost provides a free migration service from your previous provider. Provide us with your CPanel backup file, or your own backup, and we will do the rest. The maximum file size for this free service is 1Gb (mySQL databases should be no more than 50Mb) If your backups are much greater than this, we may charge you an administration fee of $25 for time needed to restore such large backups. EasiHost has not experienced any migration issues as of yet, but please be aware that due to difference of versions of CPanel, migrated account/sites may not work 100%. It is your responsibility to resolve an issue or submit a support ticket to our staff to look at it. We are not responsible for the proper working of migrated accounts or sites. EasiHost will not and can not be responsible for any damages your business may suffer due to a failure of a migration service, EasiHost makes no warranties of any kind, expressed or implied for services we provide. 19. Account Support EasiHost's role is to supply the client with a working service, and assumes that the customer knows how to operate such account ordered. We offer 24/7 support for inaccessible accounts, login troubles, suspensions, terminations, or any other administrative issue. We are not responsible for 3rd party installations that are not provided by EasiHost Internet Services. If you install a script from a 3rd party site and you have any problems with it, then you should contact the vendor for help. phpBB: Support Website Invision: Invision Support Coppermine: Coppermine Gallery Support Joomla!: Joomla Support WordPress: Wordpress Support EasiHost will by all means troubleshoot your issues if you post a support ticket, but if the cause is the script, we will direct you to the relevant support site, or you can pay EasiHost's programming team to resolve your issue. All support queries must be directed through our support system HERE otherwise your support query may go unanswered for days. EasiHosts main EMail boxes are not monitored 24/7. The support ticket system is monitored 24/7 by EasiHost's staff. 20. Customer Etiquette As an EasiHost customer, we expect that you conduct yourself in an adult manner when contacting customer services. We do not appreciate foul langauge, nor do we tolerate it. If you have a problem with your account or service, the best way to have the matter resolved is to be calm and speak rationaly. If you use abusive language and have a bad attitude towards EasiHost's staff, we will suspend your account under this Terms of Service violation. 21. Refusal of Service EasiHost reserves the right to refuse, cancel, or suspend service at our sole discretion. EasiHost will not be responsible for any damages your business may suffer because of this circumstance, and EasiHost makes no warranties of any kind, expressed or implied for services we provide. 22. Warrenty EasiHost makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by EasiHost or its agents or employees shall create a warranty. EasiHost provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall EasiHost 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. 23. Indemnification The customer agrees that it shall defend, indemnify, save and hold EasiHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EasiHost, 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. Customer agrees to defend, indemnify and hold harmless EasiHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EasiHost’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to the customer from EasiHost. 24. Disclaimer EasiHost will not be responsible for any damages your business may suffer. EasiHost makes no warranties of any kind, expressed or implied for services we provide. EasiHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EasiHost and its employees. 25. Revisions to TOS EasiHost reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall EasiHost or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time. By signup up with EasiHost Internet Services in any form, or utilizing our service in any form, you agree to accept, comply, and understand in full our Terms of Service. |