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MyEhost.net Terms of Service (TOS) and Policies and
Network Acceptable Use Guidelines
At U.S. Sales & Marketing also known by our web site
name of MyEhost.net, we value our customers and wish to
provide them with a positive experience. To offer you
the best service possible, all customers need to follow
the same rules and guidelines. These policies are
intended to make U.S. Sales & Marketing also known by
our web domain name of MyEhost.net Service available to
all our customers as consistently and efficiently as
possible.
User-Supplied Content
All services may be used for lawful purposes only.
Through U.S. Sales & Marketing also known by our web
domain name of MyEhost.net Service, you may have access
to chat areas, bulletin boards, web pages, email, or
other services that enable you to send or post materials
("content") and make that content available to others.
You must not submit, publish, or display on the Network
any defamatory, inaccurate, abusive, obscene,
infringing, or threatening content. In addition, you may
not submit, publish, or display any content that
violates any US Federal, State, or Local law. You are
solely responsible for the content you make accessible
through the U.S. Sales & Marketing also known by our web
domain name of MyEhost.net. You may not use the Service
to assist any other person or entity to violate any
Federal, State, or Local laws, ordinances, or
regulations.
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net is not obligated to monitor the network
to examine available content. You hereby acknowledge
that if we are made aware of content that is determined
to be, in its sole discretion, unacceptable,
undesirable, offensive, indecent, obscene, excessively
violent or otherwise objectionable, U.S. Sales &
Marketing also known by our web domain name of
MyEhost.net has the right, but not the obligation, to
edit, remove or deny access to such content. U.S. Sales
& Marketing also known by our web domain name of
MyEhost.net may disclose any content or records
concerning customer's account as required to satisfy any
law, regulation, governmental request or court order.
Sites that promote any illegal activity or content that
may be damaging to U.S. Sales & Marketing also known by
our web domain name of MyEhost.net servers or any other
server on the Internet are strictly prohibited. Links to
such materials are also prohibited. In addition, any
site selling or promoting bulk email service is not
allowed. Below are some examples of non-acceptable
content or links:
- Pirated Software (Warez) - Any software that is
copyrighted and not freely available for distribution
without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3
files (MP3).
- Copyright Violations - Violation of copyrights held by
individuals and corporations or other entities can
result in civil and criminal liability for the
infringer.
- Hacking/Phreaking - Includes sites with material, links,
or resources for hacking, phreaking, viruses, anarchy,
or any type of site that promotes or participates in
willful harm to Internet sites or providers.
Network
Security
Customers may not use the
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net 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. U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net 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.
CGI Scripts
Each U.S. Sales & Marketing also known by
our web domain name of MyEhost.net account comes fully
equipped with its own pre-configured CGI-Bin. Customers
are free to use any CGI-scripts provided with their
account or add any additional ones they require. Any
CGI-scripts deemed to be adversely affecting the server
performance or the network integrity may be shut down
without prior notice. CGI-script sharing with domains
not hosted by U.S. Sales & Marketing also known by our
web domain name of MyEhost.net is not allowed.
Chat
Rooms
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net prohibits its customers from installing
outside chat rooms on their domain, as these tend to be
a resource problem. U.S. Sales & Marketing also known by
our web domain name of MyEhost.net does provide its
customers a choice of Java chat rooms to choose from for
a nominal monthly charge. These chat rooms were designed
to meet the growing needs of customers and function
without hindering the performance of the servers for
others.
Server
Resources
Any web site that uses a high amount of server resources
(such as, but not limited to CPU time, memory usage, and
network resources) will be given an option of either
upgrading their service level or reducing the resource
used to an acceptable level.
Background Running Programs
Background daemons in general are prohibited. U.S. Sales
& Marketing also known by our web domain name of
MyEhost.net will consider requests on a per-application
basis. If allowed, extra charges will be assessed based
on resource requirements for system maintenance.
IRC
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net currently prohibits its customers from
operating IRC or IRC Bots on any of the servers in the
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net.
Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the U.S. Sales & Marketing also known
by our web domain name of MyEhost.net, U.S. Sales &
Marketing also known by our web domain name of
MyEhost.net equipment or any U.S. Sales & Marketing also
known by our web domain name of MyEhost.net email
address in connection with the transmission of spam,
flames, mail bombs, or substantially similar,
unsolicited email messages. Your domain may not be
referenced as originator, intermediary, or reply-to
address in any of the above. This prohibition extends to
the sending of unsolicited mass mailings from another
service that in any way implicates the use of the U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net, U.S. Sales & Marketing also known by our
web domain name of MyEhost.net equipment or any U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net email address. 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. For purposes of this
provision, merely making one's email address accessible
to the public will not constitute a request or
invitation to receive messages.
If you are found to have spammed, without warning, U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net reserves the right to disable your
domain/terminate your account. In addition, U.S. Sales &
Marketing also known by our web domain name of
MyEhost.net may impose a $100 penalty for each spam
policy violation. U.S. Sales & Marketing also known by
our web domain name of MyEhost.net solely reserves the
right to refuse or cancel service to known spammers.
Lastly, U.S. Sales & Marketing also known by our web
domain name of MyEhost.net reserves the right to
determine what violates this policy. As such, any
violation may result in cancellation of services without
refund.
Distribution and/or Transmission of Obscene or Indecent
Speech or Materials
Violation of indecency and obscenity laws can result in
criminal penalties.
Technical
Support Boundaries
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net does provide 24/7/365 Technical Support
to all its Resellers and direct clients. However, we
do not provide support to your clients or your resellers.
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net does not provide Technical Support or
help with programming, HTML code, custom programming and
3rd Party Software, whether installed or pre-installed
on your computer or our server.
Bandwidth
Customer agrees that advertised bandwidth allowances
represent the sum of the incoming and outgoing
allowances per server per calendar month, such that the
incoming bandwidth allowance is half of the advertised
value and the outgoing bandwidth allowance is half of
the advertised value. For example, 2,000 GIG means you
have 1,000 GIG exclusively for downloads per calendar
month, and 1,000 GIG exclusively for uploads per
calendar month. Customer agrees that bandwidth usage
that exceeds the allowance either incoming or outgoing
shall be billed at $1.00 per GigaByte. These amounts are
calculated at the data center's Ethernet switch and are
100% accurate and nondisputable. If you would like a
bandwidth report statement directly from our data center
for any given month for any server, this can be provided
upon your request at the cost of $100 each.
Technical Support
Boundaries
U.S. Sales & Marketing also known by our web domain
name of MyEhost.net does provide 24/7/365 Technical
Support to all its Resellers and direct clients.
However, we do not provide support to your clients or
your resellers. U.S. Sales & Marketing also known by
our web domain name of MyEhost.net does not provide
Technical Support or help with programming, HTML code,
custom programming and 3rd Party Software, whether
installed or pre-installed on your computer or our
server.
Intellectual Property Rights
Material accessible to you through U.S. Sales &
Marketing also known by our web domain name of
MyEhost.net Services may be subject to protection under
the United States or other copyright laws, or laws
protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the
owner of such rights, you must not use the U.S. Sales &
Marketing also known by our web domain name of
MyEhost.net Service in a manner that would infringe,
violate, dilute or misappropriate any such rights, with
respect to any material, which you access or receive
through the U.S. Sales & Marketing also known by our web
domain name of MyEhost.net Network. If you use a domain
name in connection with the U.S. Sales & Marketing also
known by our web domain name of MyEhost.net Service or
similar service, you must not use that domain name in
violation of any trademark, service mark, or similar
rights of any third party.
Defamation
Defamatory speech distributed over the Internet can
result in civil liability for the defamer.
Domain
Name
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net does not offer domain registrations or
renewals at this time.
Refusal
of Service
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net reserves the right at its sole discretion
to refuse or cancel service. Violation of any of U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net Rules and Regulations could result in a
warning, suspension, or possible account termination.
Accounts may be terminated for any or no reason at all
without any prior notice to the customer. Accounts
terminated due to policy violations will not be
refunded.
Indemnification
Customer agrees that it will protect, indemnify, save
and hold U.S. Sales & Marketing also known by our web
domain name of MyEhost.net harmless from any and all
stipulations, liabilities, losses, expenses and claims,
as well as reasonable attorney's fees assessed against
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net, its agents, customers, officers,
employees and administration that may arise or result
from any service provided or performed or agreed to be
performed or any product sold by it's customers, agents,
employees or assigns. Customer agrees to defend,
indemnify and hold U.S. Sales & Marketing also known by
our web domain name of MyEhost.net harmless against
liabilities arising out of; (1) any injury to person or
property caused by any products sold or distributed in
association with U.S. Sales & Marketing also known by
our web domain name of MyEhost.net Services; (2) any
material furnished by customer infringing or allegedly
infringing on the proprietary rights of a third party;
(3) copyright violation and any defective products sold
to a customer from U.S. Sales & Marketing also known by
our web domain name of MyEhost.net Services.
Waiver
Customer agrees that the waiver of any breach, or the
failure to enforce these terms and conditions, at any
time, shall not in any way affect, limit, or waive the
right of U.S. Sales & Marketing also known by our web
domain name of MyEhost.net to thereafter to enforce
and compel strict compliance by the other party
regarding any of these terms and conditions.
Severance
If any one or more sections of these terms and
conditions should ever be determined to be illegal,
invalid, or otherwise unenforceable by reason of any
law, statute, regulation, or public policy, then, to the
extent and within the jurisdiction in which the section
is illegal, invalid, or otherwise unenforceable, the
section shall be limited or severed and deleted from
these terms and conditions, and the remaining sections
of these terms and conditions shall survive, remain in
full force and effect and continue to be binding, and
shall not be affected except as may be necessary to make
sense of these terms and conditions, and shall be
interpreted to give effect to these terms and conditions
to retain validity of these terms and conditions.
Governing
Law, Jurisdiction, and Venue
The validity, interpretation, construction and
performance of this agreement shall be governed by the
laws of the State of New Jersey. The New Jersey state
courts of Hudson County, New Jersey (or, if there is
exclusive federal jurisdiction, the United States
District Court for the District of New Jersey) shall
have exclusive jurisdiction and venue over any dispute
arising out of this agreement, and customers hereby
consent to the jurisdiction of such courts.
Customer's Sole Remedy
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net entire liability and Customer's exclusive
remedy shall be the refund of up to thirty (30) days of
service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION
WHICH U.S. Sales & Marketing also known by our web
domain name of MyEhost.net IS CHARGING HEREUNDER DOES
NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net OF THE RISK OF CUSTOMER'S CONSEQUENTIAL OR
INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH
CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION.
ACCORDINGLY, CUSTOMER AGREES THAT U.S. Sales & Marketing
also known by our web domain name of MyEhost.net SHALL
NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION.
Any provision herein to the contrary notwithstanding,
the maximum liability of U.S. Sales & Marketing also
known by our web domain name of MyEhost.net to any
person, firm or corporation whatsoever arising out of or
in the connection with any license, use or other
employment of any service delivered to Customer
hereunder, whether such liability arises from any claim
based on breach or repudiation of contract, warranty,
tort or otherwise, shall in no case exceed the actual
price paid to U.S. Sales & Marketing also known by our
web domain name of MyEhost.net by Customer for thirty
(30) days of service whose license, use, or other
employment gives rise to the liability. The essential
purpose of this provision is to limit the potential
liability of U.S. Sales & Marketing also known by our
web domain name of MyEhost.net arising out of this
agreement. The parties acknowledge that the limitations
set forth in this agreement are integral to the amount
of consideration levied in connection with the license
of the services and documentation and any services
rendered hereunder and that, were U.S. Sales & Marketing
also known by our web domain name of MyEhost.net to
assume any further liability other than as set forth
herein, such consideration would of necessity be set
substantially higher.
Satisfaction Guaranteed
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net offers a 30 day money back guarantee on
our web hosting services. If you are not completely
satisfied with our web hosting services within the first
30 days of your service, you will be given a full refund
of the hosting amount excluding setup fees, domain
registration fees and overages.
Disputes:
All payments after the first 30 days of service to
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net are nonrefundable regardless of
reason or usage. Any incorrect, overcharges or billing
disputes must be reported within 60 days of the time the
charge occurred. If you dispute a charge to your credit
card issuer that, at U.S. Sales & Marketing also
known by our web domain name of MyEhost.net's sole
discretion is a valid charge under the provisions of the
TOS, you agree to pay U.S. Sales & Marketing also
known by our web domain name of MyEhost.net an
"Administrative Fee" of $100 per dispute.
Non-Payment:
Payment for services must be received no later than 3
days after the first day of the renewal cycle. (For
example, if your renewal date is on the 1st of each
month, payment must be received no later than the 4th of
each month.) If payment is not received within this
timeframe, services may be suspended. If payment is not
received within 7 days after the first day of the
renewal cycle, services will be irrevocably terminated
and all data will be irrevocably removed. An
unsuspension fee of $150.00 may be added to unsuspend
services.
Customer Requested Cancellation:
Customer agrees to notify us of request to cancel at
least 15 days prior to the next bill date. When
canceling two (2) or more dedicated servers within any
given 30 day period, customer agrees to notify us of
request to cancel at least 30 days prior to the next
bill date. When canceling ten (10) or more dedicated
servers within any given 30 day period, customer agrees
to notify us of request to cancel at least 60 days prior
to the next bill date.
Customer Abuse
We have zero tolerance for abusive language and/or
abusive behavior towards our company and/or service we
provide and/or our employees. Any customer deemed at our
sole discretion to be abusive to our company and/or
service we provide and/or our employees will result in
immediate irrevocable account termination without any
refund. Furthermore, posting negative feedback on any
public forum about our company and/or our employees
before submitting a ticket to our 'Feedback' department
to discuss your issue will result in immediate account
termination without any refund. Although it is your
right to post feedback without discussing your issue
with us first, it is undoubtedly unfair and
unprofessional not to, which is not the type of client
we want to deal with. We have the utmost respect for all
of our clients, and are more than fair with all of our
clients. We will do anything and everything possible to
keep all of our clients satisfied. But in the unlikely
event you are not satisfied, all that we ask is to
discuss your issue with our 'Feedback' department first.
Disclaimer
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net will not be responsible for any damages
your business may suffer. U.S. Sales & Marketing also
known by our web domain name of MyEhost.net makes no
warranties of any kind, expressed or implied for
services we provide. U.S. Sales & Marketing also known
by our web domain name of MyEhost.net 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 U.S. Sales & Marketing
also known by our web domain name of MyEhost.net and its
employees. U.S. Sales & Marketing also known by our web
domain name of MyEhost.net reserves the right to amend
or update these policies without notice. Failure to
follow any terms and conditions may result in account
deactivation.
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net furthermore expects that its customers
who provide Internet services to others will fully
comply with all applicable laws concerning the privacy
of online communications. A customer's failure to comply
with those laws will violate this policy. Finally, U.S.
Sales & Marketing also known by our web domain name of
MyEhost.net wishes to emphasize that in accepting
services, customers indemnify U.S. Sales & Marketing
also known by our web domain name of MyEhost.net for the
violation of any law or U.S. Sales & Marketing also
known by our web domain name of MyEhost.net policy, that
results in loss to U.S. Sales & Marketing also known by
our web domain name of MyEhost.net or the bringing of
any claim against U.S. Sales & Marketing also known by
our web domain name of MyEhost.net. This means that if
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net is sued because of activities of the
customer that violate any law, or this policy, the
customer will pay any damages awarded against U.S. Sales
& Marketing also known by our web domain name of
MyEhost.net, plus costs and reasonable attorneys' fees.
Confidentiality Statement
We at U.S. Sales & Marketing also known by our web
domain name of MyEhost.net insure that all personal
information submitted to us in processing your order and
for billing purposes, etc., including but not limited
credit card information, will be kept strictly
confidential and used solely by U.S. Sales & Marketing
also known by our web domain name of MyEhost.net, its
representatives and employees, for the purposes for
which it was intended, for the benefit of the
subscriber. We agree not to share or release such
information to any individual, entity, or third party,
without the consent of the subscriber, except as
required by law, regulation or governmental authority.
All information provided to us by the subscriber is
properly stored and handled at all times by authorized
U.S. Sales & Marketing also known by our web domain name
of MyEhost.net staff members only.
If any terms or conditions are failed to be followed it
will result in grounds for immediate account
deactivation.
This agreement, user account, and billing will
automatically renew unless cancelled in writing 15 days
or more prior to the renewal date. If applicable, a
cancellation fee equal to one month's web hosting fee
will apply.
Last Revision: April 07, 2007
Previous Policy: March 18, 2004 |
