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Introduction
Express Internet
Solutions and our server provider provides hosting service. In order to maximize the
efficiency with which we serve our customers and to protect the best
interests of Express Internet Solutions, our provider and our
customers, we require all customers to agree to the terms of this
document before beginning paid service with us. By placing
information on our provider's servers, you acknowledge that you have
read and understand this agreement, and agree to be bound by the terms
and conditions contained herein.
Annual Fee
Annual Fee refers to
the $100.00 Annual Domain Name Registration Fee that each and every
client must pay in order to maintain web hosting service. The
annual fee is NON CANCELABLE AND NON REFUNDABLE. The
Annual Fee covers the costs associated with registering and
maintaining your domain name, your administrative suite where you
manage your domain, as well as paperwork processing, etc.
Choosing to renew your domain name any other place does not relieve
you of your annual fee for hosting. Your registration fee is due
on your anniversary date. If your $100.00 registration fee is not
paid timely your account will be disabled. You will have the
opportunity to reinstate your hosting account within 3 months.
There will be a $50.00 late fee and a $100.00 reinstatement fee, in
addition to the original $100.00 that was due. If after 3 months
all fees due are not paid your hosting account will be permanently
deleted.
Term of This
Agreement
This agreement has a
termination date of one year after accepted by customer, and services
requested by you will continue to be provided until that date in
perpetuity, unless terminated by you or by us as provided for in this
document.
Your
Responsibilities
1. You MUST
supply appropriate payment for service before starting use of the
service.
2. You SHOULD
maintain a current copy of all data stored on our provider's servers.
3. You MUST
use the service only for lawful purposes.
4. You MUST
comply at all times with our policies. A complete and updated
list of our policies is located publicly at: http://www.expressinternetsolutions.com/policies.html
5. You MUST
allow us to contact you in any way shape or form for purposes that we
deem appropriate within the constructs of US Law.
6. You MUST
NOT slander, libel, or publish defamatory information against us in
any way or manner.
Service at Will
We reserve the right
to refuse or discontinue service to anyone at our sole
discretion. We may deny you access to all or part of the service
if you engage in any conduct or activities that we believe violates
any of the terms and conditions in this document, and/or our policies
page. We shall have no responsibility to notify any third-party
providers of services, merchandise or information, nor any
responsibility for any consequences resulting from such discontinuance
or lack of notification. You agree that we have the right to
monitor the service electronically from time to time and to disclose
any information that is necessary to satisfy the law, or to protect
ourselves or our customers. We reserve the right to refuse to
post or to remove any information or materials, in whole or in part,
that, in our sole opinion, are unacceptable, undesirable, or in
violation of this agreement or our policies.
You have the right
to terminate your relationship with us at any time for any
reason. You may notify us of your desire to cancel your service,
in writing, via fax to (334)635-0958. Refunds for
unused portions of your service, if applicable, will be issued as
provided for below.
Refunds
EIS provides you
with a 30 day money back guarantee on all purchases EXCEPT the $100.00
NON REFUNDABLE ANNUAL FEE. In addition, ANY AND ALL FINES or
Additional Fees that you incur while using our service, including but
not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines
are NOT REFUNDABLE and are NOT CANCELABLE in ANY WAY. If you
request and receive a Refund for your purchase, and you have not paid
ALL of your Fines and/or Additional Charges, you will leave with a
BALANCE DUE. Balance Due means that you will NOT be given access
to files stored on our provider's servers, and if you ever return to
host with us, you MUST pay all Balance Due BEFORE you can host with us
again.
Refunds resulting in
OUR decision to terminate your service will be issued or not, at our
sole discretion.
Indemnification
You agree to
indemnify, defend, and hold harmless EIS and our affiliates from any
and all liabilities, penalties, losses, damages, costs, expenses,
attorney's fees, causes of action or claims caused by or resulting
directly or indirectly from your use of the service which damaging
either you, EIS, or any other parties or parties without limitation or
exception. This indemnification and hold harmless agreement
extends to all issues associated with your account, including but not
limited to domain name selection, site content, site data, email,
files, and any other web site content of any kind.
Warranties
Aside from said
uptime guarantee, EIS 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 expressed 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 EIS or its agents
shall create a warranty. EIS provides not 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 EIS 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 results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are
dissatisfied with EIS or our provider's service or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to discontinue using the service.
99.9% Uptime
Guarantee
Our provider
guarantees that its internet backbone will stay up 99.9% of the
time. If in any given month, the backbone does not stay up for
at least 99.9% of the time - we will upon client providing sufficient
proof of the outage, request our provider to provide client with one
free site submission to a minimum of 50 search engines/classified add
sites. Service outages not relating to the internet backbone
including but not limited to client local ISP outage, hackers, acts of
God, war, server hardware failures, client computer outages, etc. are
not covered by this guarantee. In order to redeem guarantee, you
must provide us with the exact dates and times of outage including
proper trace route showing the domain is inaccessible.
Notice Under the
Electronic Communications Privacy Act (ECPA)
EIS and our provider
reserves the right to monitor any and all communications through or
with our facilities. You agree that we are not considered a
secure communications medium for the purposes of the ECPA, and that no
expectation of privacy is afforded.
Prior Agreements
This agreement
supersedes any written, electronic or oral communication you may have
had with us or any agent thereof, and constitutes the complete and
total agreement between the parties.
Sever Ability
If any provision of
this agreement is determined to be invalid or unenforceable, all other
provisions shall remain in full force and effect and said provision
shall be reformed only to the extent required to make it enforceable.
Acknowledgement
By placing and
continuing to maintain or place information on our provider's servers,
you are stating and acknowledging that you have read and understand
the terms and conditions of this document and agree to be bound by
them.
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