The term of this agreement shall continue in full force and effect as long as EasyHostSolutions is providing Web Hosting services to You. You agree that EasyHostSolutions may modify this Agreement from time to time. EasyHostSolutions may also discontinue services it provides under this Agreement. You agree to be bound by any changes EasyHostSolutions may reasonably make to this Agreement when such changes become effective.
EasyHostSolutions currently provides Web Hosting services to EasyHostSolutions.Com’s customers for a monthly fee. EasyHostSolutions will host Your web site on EasyHostSolutions’s Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of EasyHostSolutions’s policies and procedures. You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by EasyHostSolutions. If Your web site includes GIF images, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software.
You agree that You have provided accurate, current and complete information in the application process and that You will notify EasyHostSolutions within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by EasyHostSolutions to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if EasyHostSolutions has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, EasyHostSolutions has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.
You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by EasyHostSolutions will not be used in connection with any illegal activity.
EasyHostSolutions explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in EasyHostSolutions’s sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that EasyHostSolutions determines to be harmful to its other customers, operations, or reputation; e. Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against EasyHostSolutions or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
You agree to indemnify and hold harmless EasyHostSolutions for any complications arising out of Your use of EasyHostSolutions’s Web Hosting services, including actions EasyHostSolutions chooses to take to remedy Your improper or illegal use of a web site hosted by EasyHostSolutions. You agree You will not be entitled to a refund of any fees paid to EasyHostSolutions if, for any reason, EasyHostSolutions takes corrective action with respect to Your improper or illegal use of its Web Hosting services.
You agree that if a dispute arises as a result of one or more web sites EasyHostSolutions is hosting for You, You will indemnify, defend and hold EasyHostSolutions harmless for damages arising out of such dispute. You also agree that if EasyHostSolutions is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by EasyHostSolutions, that EasyHostSolutions, in its sole discretion, may take whatever action EasyHostSolutions deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
You agree that EasyHostSolutions's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by EasyHostSolutions to You under this Agreement, and for any breach of this Agreement by EasyHostSolutions, shall be limited to the fees You paid to EasyHostSolutions for Web Hosting services.
You agree to release, defend, indemnify and hold harmless EasyHostSolutions and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with EasyHostSolutions and/or Your use of the Web Hosting services provided by EasyHostSolutions.
EasyHostSolutions EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NEVADA. THE LAWS AND JUDICIAL DECISIONS OF WASHOE COUNTY, NEVADA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF WASHOE COUNTY, NEVADA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices (except for notices concerning breach of this Agreement) from EasyHostSolutions to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with EasyHostSolutions. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from you to EasyHostSolutions shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
EasyHostSolutionsThis Web Site Hosting Agreement (“Agreement”) is by and between EasyHostSolutions, and you, your heirs, assigns, agents and contractors (“You”) and is effective upon electronic execution. Your Hosting is being arranged through an agreement between EasyHostSolutions.Com. This Agreement sets forth the terms and conditions of Your use of EasyHostSolution’s Web Site Hosting (“Web Hosting”) services and represents the entire agreement between You and EasyHostSolutions. By using EasyHostSolutions’s Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which EasyHostSolutions may establish from time to time. You may view the latest version of this Agreement at any time at http://www.easyhostsolutions.com/terms.htm
This EasyHostSolutions Terms of Service describe the proper kinds of conduct and prohibited uses of EasyHostSolutions's hosting services (the "Services"). This agreement is not exhaustive and EasyHostSolutions reserves the right to modify this agreement at any time, effective upon posting of the modified agreement at http://www.easyhostsolutions.com/terms.htm . By registering for and using the Services, and thereby accepting the terms and conditions of this agreement, you agree to abide by these conditions as modified from time to time. Any violation of the agreement may result in the suspension or termination of your account or such other action as EasyHostSolutions deems appropriate.
Any attempt to undermine or cause harm to a server, or customer, of EasyHostSolutions is strictly prohibited.
Unauthorized use of other people's accounts or computers EasyHostSolutions will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a EasyHostSolutions customer, whether or not the attacked account or computer belongs to EasyHostSolutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - EasyHostSolutions has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by EasyHostSolutions to be unacceptable use of EasyHostSolutions's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
" Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
" Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
" Displaying material that exploits children under 18 years of age.
" Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Each plan with EasyHostSolutions comes with a pre determined bandwidth usage amount. In the event that your account exceeds the bandwidth limitations included with your account you will be billed at $3.00 per 1GB/month If you want to pre-pay for bandwidth overages, you will need to pay $2.00 per 1GB/month.
You will receive a notice when you reach 80% of your total bandwidth usage.
You will have 7 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
EasyHostSolutions takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through EasyHostSolutions (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, EasyHostSolutions reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.
Dedicated Servers found sending spam will have 24 hours, from the time of the
alert, to search the server and find the source of the mails and respond with a
resolution to the problem.
This may entail grep'ing the Apache domlogs for matching timestamps, verifying
the security of web scripts, checking mail server logs, enabling Exim's extended
loggin options (http://www.crucialp.com/resources/tutorials/dedicated-server/extended-exim-logging.php)
and monitoring the server.
If you require our assistance, in this investigation, the cost is $75.00 per
hour.
(This section does not apply to managed dedicated or colocation servers.) Each shared Unix web hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. All CGI scripts (Perl scripts with a .pl or .cgi extension) intended for use on shared web hosting accounts are subject to approval by our Administrators.
(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the EasyHostSolutions 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.
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@EasyHostSolutions.com to have your domain moved.
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. (this section does not apply to managed dedicated servers)
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.
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, EasyHostSolutions may, in its sole discretion, assess you with additional charges. If EasyHostSolutions elects to take any corrective action, EasyHostSolutions will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $3/GB/month. Disk space overages are currently billed at $.25/MB/month. Email attachments overages are currently billed at $.10 per email over 10MB.
All high priority or priority 1 support or billing requests are limited to
server and service outages ONLY.
There will be a $20.00 service charge for ALL requests sent to billing or to
support that do not involve a server or service outage.
As consideration for the services purchased by You and provided to You by EasyHostSolutions, You agree to pay EasyHostSolutions a monthly fee. Payment is to be made by you providing a valid credit card during signup for charge by EasyHostSolutions, and is non-refundable. If for any reason EasyHostSolutions is unable to charge your credit card with the full amount of the service provided, or if EasyHostSolutions is charged back for any fee it previously charged to the credit card You provided, You agree that EasyHostSolutions may pursue all available remedies in order to obtain payment.
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. EasyHostSolutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies EasyHostSolutions to request for termination of services. All payment is in U.S. currency. EasyHostSolutions will bill each client $20.00 per returned check, per wire transfer received and per credit card chargeback received. All EasyHostSolutions accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $20.00 fee. Please contact the billing department at billing@EasyHostSolutions.com should you wish to change your anniversary billing cycle. Any account that is not brought current prior to deactivation will be charged a $20.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason EasyHostSolutions will charge your account an additional $1.00 service charge every time your card is declined. EasyHostSolutions may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of EasyHostSolutions) shall be paid by Customer.
You agree that You will be responsible for notifying EasyHostSolutions should you desire to terminate Your use of EasyHostSolutions’s Web Hosting services. Notification of Your intent to terminate a shared or reseller service must be provided to EasyHostSolutions no later than 10 days prior to Your billing date. Notification of Your intent to terminate a dedicated server or service must be provided to EasyHostSolutions no later than 30 days prior to your billing date. ALL cancellation requests must be submitted at http://www.easyhostsolutions.net/cancel.html No other forms of cancellation request will be accepted. In the absence of notification from You, EasyHostSolutions will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with EasyHostSolutions, at EasyHostSolutions's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. In the event You terminate, moving your web site off of the EasyHostSolutions hosting servers is Your responsibility. EasyHostSolutions will not transfer or FTP Your web site to another provider.
EasyHostSolutions reserves the right to cancel service at any time. All fees paid in advance of cancellation will be kept by EasyHostSolutions if EasyHostSolutions institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of EasyHostSolutions's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if EasyHostSolutions is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if EasyHostSolutions is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via our support desk at http://support.easyhostsolutions.com. Phone or email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. EasyHostSolutions must receive your termination notice through our support desk at http://support.EasyHostSolutions.com within the 30-day period. Your must fill out every field on the cancellation form including why you are not satisfied with the Services.
If the Agreement expires or is cancelled for any reason, EasyHostSolutions is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, EasyHostSolutions will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to EasyHostSolutions under this Agreement.
You must ensure that all material and data placed on EasyHostSolutions's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by EasyHostSolutions. EasyHostSolutions will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", EasyHostSolutions may reject this material. EasyHostSolutions will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy EasyHostSolutions's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. EasyHostSolutions does not provide this knowledge or customer support outside of the Services.
Material accessible to you through EasyHostSolutions's 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 EasyHostSolutions or its servers and network 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 EasyHostSolutions network. If you use a domain name in connection with EasyHostSolutions or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the EasyHostSolutions 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. EasyHostSolutions 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, EasyHostSolutions will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting EasyHostSolutions or any of its other customers.
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.
You expressly (i) grant to EasyHostSolutions a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by EasyHostSolutions 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.
EasyHostSolutions shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by EasyHostSolutions and EasyHostSolutions reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Customer agrees to pay EasyHostSolutions prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the EasyHostSolutions price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. EasyHostSolutions reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from EasyHostSolutions to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by EasyHostSolutions) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to EasyHostSolutions as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. EasyHostSolutions will reinstate Customer's domain name registration solely at EasyHostSolutions's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. If you have registered a domain with through EasyHostSolutions and wish to move this domain to a new registrar, there is a $25.00 administrative fee for this transfer.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the EasyHostSolutions system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING EasyHostSolutions THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
EasyHostSolutions, Inc.Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
EasyHostSolutions reserves the right to refuse service to anyone. Customers may only use EasyHostSolutions server for lawful purpose. Transmission of any material in violation of any Federal, State 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 EasyHostSolutions management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Washoe County, Nevada, and any dispute will be litigated or arbitrated in Washoe County, Nevada. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Washoe County Courts. IN NO EVENT SHALL EASYHOSTSOLUTIONS'S MAXIMUM LIABILITY EXCEED ONE ($1.00) DOLLAR.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD EASYHOSTSOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST EasyHostSolutions, ITS AGENTS, ITS 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 EasyHostSolutions AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH EasyHostSolutions'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM EASYHOSTSOLUTIONS'S SERVER.
EASYHOSTSOLUTIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. EASYHOSTSOLUTIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. EASYHOSTSOLUTIONS 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 EASYHOSTSOLUTIONS AND ITS EMPLOYEES. EASYHOSTSOLUTIONS RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF EASYHOSTSOLUTIONS MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.