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Hosting
Terms
of Service Agreement
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Express Internet
Solutions will provide client web hosting through our provider.
Client is allowed to use site for business/commercial or personal
websites or content.
Content
All services
provided may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to:
copyrighted material, material that is threatening or obscene,
material that is "adult only" content, or material protected
by trade secrets and other statute. The subscriber agrees to
indemnify and hold harmless EIS and our provider from any claims
resulting from the use of the service which damages the subscriber or
any other party.
NOTE:
Pornography and sex-related merchandising are prohibited on any
server. This includes sexual content, or direct links to adult
content elsewhere. This is also true for sites that promote any
illegal activity or content that may be damaging to our servers or any
other server on the Internet. Links to such materials are also
prohibited. EIS and our provider will be the sole arbiter as to
what constitutes a violation of this provision.
Examples of
non-acceptable content or links:
Pirated software,
Hackers programs or archives, Warez Sites, Porn, Spamming Software,
Sites without English (this is because content of site cannot be
verified).
Traffic
Due to unique
resource characteristics and traffic patterns associated with certain
types of sites, the following are limited to 5 gigs (on average, close
to a 100,000 hits per month) of free traffic/bandwidth per month:
Sub hosting - any
domain housing additional users, Shareware, sound, video, image and
multimedia archives, Mirror sites, Distribution points, Any site
whose primary purpose is file distribution, All sites with files
other than plain text web pages.
Sites that go over
the allowed free traffic will be charged $10.00 per gig. Sites
must pre-pay this fee, and site is subject to suspension if bandwidth
is left unpaid.
Background Running
Programs
As a general rule we
do not allow 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.
IRC
We currently do not
allow you to link to or use IRC or IRC bots such as eggdrop, and
BitchX on our provider's servers.
Commercial
Advertising, Spam Or Unsolicited E-Mail
Our provider's
servers may not be the source, intermediary, or destination address
involved in the transmission of spam, flames, or mail bombs.
Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. SPAMMING sites on other
servers which in turn contain links to a domain on our provider's
servers is prohibited. We consider spam any mass unsolicited
message in the mediums of Bulletin Boards, Newsgroups, Email and any
other online medium. In other words, do not email someone if
they do not know you. Also, you are not allowed to sell or
promote spam or spam related products on your site. If you are
found to have spammed, then we will immediately, without warning,
disable your domain. In addition, our provider will impose a
$100.00 penalty for each spam policy violation. Our provider
reserves the right to refuse of cancel service to known spammers.
Lastly, we reserve the right to determine what violates this
policy. Our provider will be the sole arbiter as to what
constitutes a violation of this provision.
As such, any
violation will result in immediate deactivation of services without
refund.
Abuse
Any attempts to
undermine, slander, libel, threaten, or cause harm to EIS or our
provider's server, customer, employee, or the company directly is
strictly prohibited and is grounds for immediate termination without
refund. In addition, our provider will pursue all attempts to
the fullest extent of the law.
Indemnification
Customer agrees that
it shall defend, indemnify, save and hold EIS and our provider
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against any of
us, our agents, our 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, it's agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
any of us against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in
connection with our provider's server; (2) any material supplied by
customer infringing or allegedly infringing on the proprietary rights
of a third party and (3) copyright infringement. Customer agrees
to limit the liability of any of us to the amount paid for service.
Refusal of Service
We and our provider
reserve the right to refuse or cancel service at our sole discretion.
Disclaimer
EIS and our provider
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, and any and all service
interruptions caused by us. We reserve the right to change or
update policies without notice.
If any terms or
conditions are failed to be followed it will result in grounds for
immediate account deactivation.
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