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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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