TOS - Terms of Service
When using the Service provided by hosting4ev1.com, defined below, you agree to be bound by all of the following terms (the "Terms of Service") within this Agreement.
hosting4ev1.com reserves the right to alter, amend or modify any provision of this Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated by the establishment of your account. If you are a current hosting4ev1.com client when this Agreement is activated, your continued use of the Service constitutes your acceptance of this Agreement.
Services
1. - hosting4ev1.com provides Website Hosting services, including, but not limited to, Disk space for File Storage; FTP Access for uploading and downloading files to and from your assigned account.
2. - Any means of identification assigned to you by hosting4ev1.com (including username and IP address) will remain the property of hosting4ev1.com. hosting4ev1.com reserves the right to alter or replace these forms of identification at any time.
3. - hosting4ev1.com makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. hosting4ev1.com reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
Registration Requirements
1. - You agree to provide hosting4ev1.com with accurate, complete and up-to-date billing information, including your legal name, electronic mail (e-mail) address, home address, and telephone number. All changes to this information must be reported to hosting4ev1.com within 30 days of the change.
2. - By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you close the account as specified in Section 10. If any information provided by you is inaccurate, not current or incomplete, hosting4ev1.com retains the right to suspend or terminate your account.
Use Of The Services
1. - You, and those you authorize, are the only individuals who are authorized to access the Service through your account. You must ensure that all authorized users on behalf of your account comply with this Agreement.
2. - You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
3. - You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects hosting4ev1.com to liability; or is in any violation of the hosting4ev1.com Terms of Service Agreement.
User Conduct
1. - You agree to be solely responsible for the content of your transmissions through the Service. You acknowledge that hosting4ev1.com simply acts as a passive conduit for the distribution and transmission of data.
2. - You agree not to resell any part of the Service under your account including, but not limited to, disk space; pre-installed CGI scripts; software and any form of identification assigned to your account except you have the authorization from hosting4ev1.com.
3. - You agree that your use of the Service is subject to all applicable local, state, national and international laws and regulations. Furthermore, you agree that you recognize that violation of any such laws, rules and regulations shall be cause for immediate termination, without notice, of your account at the sole discretion of hosting4ev1.com.
Unacceptable Use of Service
1. - Illegality in any form, including, but not limited to, activities such as unauthorized distribution or copying of copyrighted software; harassment; fraud; drug dealing; intentionally inflicting emotional distress; violating trademarks; copyrights; Privacy and other intellectual property rights.
2. - We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
3. - Spamming, to send unsolicited commercial or non commercial email or newsgroup posts, from the server or involving your domain.
4. - Mail bombing, sending of large files or emails to other users against the request of an Internet user, whether or not our servers are used.
5. - Violations of system or network security is prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
6. - The use of programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) on the server. High load Chat Room Scripts and Programs. All kind of Shell/SSH/Telnet access Scripts. High loaded Bulletin Board/Forums Systems including but not limited to: UBB - Ultimate Bulletin Board, YABB - Yet Another Bulletin Board.
7. - Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; and defamatory, scandalous, or private information about a person without their consent.
8. - Site content or links including, but not limited to, pornography or offensive material. Disturbing site content or links. Site content or links including threatening, defamatory, or scandalous language or information. Adult hosting is not allowed.
9. - Background Running Programs, Background Daemons, including, but not limited to, IRC bots; eggdrop; BitchX(IRC Client); XiRCON; ShoutCast Plus IceCast; and any other program that interferes with normal server operation.
10. - We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Hosting4ev1.com Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
11. - We do not allow clients to send more than 1000 pieces of e-mail per day from a shared hosting account. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse.
12. - We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
13. - Illegal Activities including but not limited to:
13.1 - Distributing information regarding the creation of or sending of Internet viruses; worms; Trojan horses; pinging; flooding; mailbombing; or denial of service attacks.
13.2 - Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
13.3 - Accessing illegally or without authorization computers, accounts, or networks. Attempting to penetrate security measures of a system ("cracking").
13.4 - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
13.5 - Any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
13.6 - Any activity including, but not limited to transmitting or otherwise making available ponzi schemes; pyramid schemes; fraudulently charging credit cards; and pirating software.
13.7 - Any activity including, but not limited to transmitting or otherwise making available ponzi schemes; pyramid schemes; fraudulently charging credit cards; and pirating software.
14. - Disclaimers found on the offending website will not protect the client account from being terminated if such site is in violation of this Agreement.
15. - Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. hosting4ev1.com ARE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. hosting4ev1.com WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL OFFENCE.
Fees
1. - hosting4ev1.com does not issue refunds for fees paid in advance or for fees and/or payment made after the creation of your account, all payments to hosting4ev1.com are non-refundable.
2. - One time fees including but not limited to additional features, change domain name and upgrade/renew fees are non-refundable.
3. - Current pricing for hosting4ev1.com services may be obtained by checking price pages in http://www. hosting4ev1.com, hosting4ev1.com reserves the right to change prices, rates and/or institute new charges/fees at any time.
4. - Payment must be made towards your account on its assigned due date. If your account is delinquent, your account may be suspended or terminated at the sole discretion of hosting4ev1.com. IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION, hosting4ev1.com RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR ACCOUNT STATUS. hosting4ev1.com may, at its sole discretion, charge a fee of $10.00 or greater to reinstate a suspended account.
5. - If you believe that hosting4ev1.com has billed you in error, you must contact the Billing Department within 30 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges billed in error which are more than 30 days old. To contact the Billing Department, please leave an email to billing[at]hosting4ev1.com or use "contact us" link in hosting4ev1.com.
6. - Any site found to be in violation of the Acceptable use Policy or the details discussed in section 5 will be suspended/removed and subject to a $30.00 fee.
Taxes
1. - Hosting4ev1.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Hosting4ev1.com's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
TRADEMARKS & COPYRIGHTS
1. - Customer warrants that it has the right to use the applicable trademarks, if any.
Age
1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
Disclaimer of Warranties
1. - You assume full responsibility and risk for use of the Service by you and your authorized users. The Service is provided on an "as is" and "as available" basis. hosting4ev1.com does not warrant that the Service will be uninterrupted or error-free. hosting4ev1.com makes no express or implied warranties, representations or endorsements including, but not limited to, warranties of title, non-infringement or implied warranties of service or fitness for a particular purpose regarding all information or service provided through hosting4ev1.com. No advice or information given by hosting4ev1.com, its employees, affiliates or contractors shall create a warranty.
2. - hosting4ev1.com shall not be liable for any costs or damages arising directly or indirectly from use of the Service. It is solely your responsibility to evaluate the accuracy, quality, completeness, and usefulness of all opinions, advice, services, and other information provided through the Service.
3. - Hosting4ev1.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Hosting4ev1.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Hosting4ev1.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Hosting4ev1.com AND ITS EMPLOYEES. Hosting4ev1.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
THREATS/ABUSE AGAINST THE NAME, SERVERS, AND ALL THEREIN, OF Hosting4ev1.com SHALL BE DEALT WITH TO THE FULL EXTENT OF THE LAW, THIS INCLUDES PACKAGE CLONING, NAME CLONING, WRONGFUL SUGGESTED AFFILIATION, MISLEADING MENTION OF AFFILIATION, IMAGE CLONING/STEALING, HTML CODE CLONING/STEALING.
Network Security
Customers may not use the Hosting4ev1.com network with an 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 the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Hosting4ev1.com 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. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Hosting4ev1.com will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Hosting4ev1.com or any of its other customers.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Hosting4ev1.com a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Hosting4ev1.com under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership and Usage
Hosting4ev1.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Hosting4ev1.com and Hosting4ev1.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Lawful Purpose
Hosting4ev1.com reserves the right to refuse service to anyone. Customers may only use Hosting4ev1.com servers for lawful purpose. Transmission of any material in violation of any Federal, State, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Hosting4ev1.com management.
User Remedies
1. - If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by closing your account by one of the methods outlined in Section 10.
2. - Under no circumstances shall hosting4ev1.com, its employees, affiliates or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from any: use of your account or the Service or your inability to use the Service; your 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.
Indemnity
You agree to defend, indemnify, and hold hosting4ev1.com and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access this Service through your account; the use of the Service or the Internet in general; and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
Termination of Agreement
1. - Termination of the account will take up to 3 days to process. Therefore, for non-yearly accounts, the cancellation request must come before 3 days before the initial billing date of the next month.
2. - hosting4ev1.com may terminate this Agreement at any time without cause upon 30 days prior notice; or; immediately if you or any person who has access to the Service through your account, commit a material breach of this Agreement or if you fail to pay any charges within 1 day of the date they accrue.
3. - Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.
4. - Termination from this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.
Closing an Account
1. - You may close your account by one of the following methods:
Send support ticket to "Billing Department". The request must meet the following criteria:
Include company or personal letterhead. Include your account information (domain name, username, IP address, and password). Include your real name, contact address and contact number.
Failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
