THESE
ARE THE TERMS OF SERVICE which govern your hosting transaction. They explain
what we provide and what we do not provide. All hosting accounts are covered
by a 30-Day
Guarantee.
WE DO
NOT ADMIT SITES THAT:
• Include, promote, or link to violence or illegal activities.
• Include, promote, or link to material that promotes or depicts
discrimination based on sexual orientation, race, gender, religion,
national origin, physical or mental disability, or age.
• Include, promote, or link to material which violate intellectual
property rights or material of such nature.
• And
absolutely NO SPAMMERS. We will terminate your account
immediately, without notice.
• Any site found in violation of these terms will be deleted from the
server and no refund given.
• Adult
sites are not allowed.
To
read the fine print, see below...
1.
Introduction
This
document (the “Agreement”) sets forth the principles, guidelines and
requirements of the Terms of Service of the site EntrepreneurHost.com,
acting as a reseller for the services provided by GlowHost.com (the
"Company") governing the use by the customer of services and
products ("Services and Products"). These Terms of Service have
been created to promote the integrity, security, reliability and privacy of
Company's facilities, network, and Customer data contained within. The
Company believes it provides the best services in the industry, and provides
the following policies in the best interests of the Company and the
Company's clients. The Company retains the right to modify these Terms of
Service at any time and from time to time and any such modification shall be
automatically effective as to all customers when adopted by Company and
published here. Company shall be the sole and final arbiter as the
interpretation of the following. By utilizing the Company's services and
products, the Customer agrees to be bound by the terms herein outlined.
Questions
or comments regarding this document should be forwarded at
the following address: sales@EntrepreneurHost.com
2.
Compliance with the Law
Customer
shall not post, transmit, retransmit or store material on or through any of
Services or Products which, in the sole judgment of the Company (i) is in
violation of any local, state, federal or non-United States law or
regulation, (ii) is threatening, obscene, indecent, defamatory or that
otherwise could adversely affect any individual, group or entity
(collectively, "Persons") or (iii) violates the rights of any
person, including rights protected by copyright, trade secret, patent or
other intellectual property or similar laws or regulations including, but
not limited to, the installation or distribution of "pirated" or
other software products that are not appropriately licensed for use by
Customer. The Customer agrees to indemnify and hold harmless the Company
from any claims resulting from the use of the services which damages the
Customer or any other party. Customer shall be responsible for determining
what laws or regulations are applicable to its use of the Services and
Products.
3.
Prohibited Uses of Services and Products
In
addition to the other requirements of these Terms of Service, Customer may
only use the Services and Products in a manner that, in the Company's sole
judgment, is consistent with the purposes of such Services and Products. If
Customer is unsure of whether any contemplated use or action is permitted,
please contact the Company as provided above. By way of example, and not
limitation, uses described below of the Services and Products are expressly
prohibited.
3.1.
General
3.1.1.
Pornography and pornographic related merchandising are prohibited under
all the Company's services. This includes sites that include links to
pornographic content elsewhere. Further examples of unacceptable content
or links include pirated software, "hacker" programs, archives
of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop
programs, any kind of illegal software or shareware. In addition, sites
offering online gambling, casino functionality, sportsbook betting
(including offshore), and Internet lotteries are prohibited.
3.1.2.
Violations of the rights of any Person protected by copyright, trade
secret, patent or other intellectual property or similar laws or
regulations, including, but not limited to, the installation or
distribution of "pirated" or other software products that are
not appropriately licensed for use by Customer.
3.1.3.
Actions that restrict or inhibit any Person, whether a customer of Company
or otherwise, in its use or enjoyment of any of the Company's Services or
Products.
3.1.4.
Giving away email addresses from your domain to the general public. If you
offer free email addresses to people that are not directly associated with
the workings of the site, are not related to you, or are not a personal
acquaintance of yours, your account will be terminated with no refunds
given. This ensures all users will have adequate email service and cuts
the risk email service blocking by various SPAM enforcement agencies.
3.2.
System and Network
3.2.1.
Introduction of malicious programs into the Company's network or server
(e.g., viruses and worms).
3.2.2.
Effecting security breaches or disruptions of Internet communication.
Security breaches include, but are not limited to, accessing data of which
Customer is not an intended recipient or logging into a server or account
that Customer is not expressly authorized to access. For purposes of this
Section 3.2.2., "Disruption" includes, but is not limited to,
port scans, flood pings, packet spoofing and forged routing information.
3.2.3.
Executing any form of network monitoring which will intercept data not
intended for the Customer's server.
3.2.4.
Circumventing user authentication or security of any host, network or
account.
3.2.5.
Interfering with or denying service to any user other than Customer's host
(for example, denial of service attack).
3.2.6.
Using any program/script/command, or sending messages of any kind,
designed to interfere with, or to disable, a user's terminal session, via
any means, locally or via the Internet
3.2.7.
Creating an "active" full time connection on a Company-provided
account by using artificial means involving software, programming or any
other method.
3.2.8.
Any attempt to circumvent or alter monitoring, bandwidth tracking or
utilization reporting, or other actions which have the effect of
complicating the normal operational procedures of the Company, including
but not limited to altering, removing or in any way modifying or tampering
with Company created log files.
3.2.9.
Any action which the Company determines, in its own judgment, will reflect
poorly on the Company or negatively impact its operations.
3.2.10.
Any action which the Company deems to be an unacceptable use of resources,
business practice or otherwise unacceptable to the Company.
3.3.
Billing
3.3.1.
Furnishing false or incorrect data on the order form, contract or online
application, including fraudulent use of credit card numbers.
3.3.2.
Attempting to circumvent or alter the processes any billing procedures or
procedures to measure time, bandwidth utilization, or other methods to
document "use" of the Company's Services and Products.
3.4.
Mail
3.4.1.
Sending unsolicited commercial email messages (UCE), including the sending
of "junk mail" or other advertising material to individuals who
did not specifically request such material, who were not previous
customers of Customer or with whom Customer does not have an existing
business relationship ("email spam").
3.4.2.
Sending UCE referencing an email address for any domain hosted by the
Company;
3.4.3.
Sending UCE referencing a domain hosted by the Company;
3.4.4.
Sending UCE referencing an IP address hosted by the Company;
3.4.5.
Posting advertisements on IRC, ICQ, or any other public chat system
containing an email address hosted by the Company, a domain hosted by the
Company, an IP address belonging to the Company;
3.4.6.
The Company will be the sole arbiter as to what constitutes a violation of
these provisions.
3.4.7.
Harassment, whether through language, frequency or size of messages.
3.4.8.
Unauthorized use, or forging, of mail header information.
3.4.9.
Solicitations of mail for any other E-mail address other than that of the
poster's account or service with the intent to harass or to collect
replies.
3.4.10.
Creating or forwarding "chain letters" or illegal "pyramid
schemes" of any type.
3.4.11.
Use of unsolicited email originating from within the Company's network or
networks of other Internet Service Providers on behalf of, or to
advertise, any service hosted by the Company, or connected via the
Company's network.
3.4.12.
Activities deemed to be unsolicited marketing efforts or otherwise
harassing in any way.
3.4.13.
Customer will be charged a minimum $5,000.00 penalty charge for each
instance of a verifiable UCE that is reported to the Company and faces
immediate account suspension and/or termination, as well as further
penalties.
3.5.
Customer Support
3.5.1.
The Company promotes a mutually-professional relationship with its
customers. Abusive, threatening, obscene or otherwise harassing
communications with agents of the Company, via telephone, email, online
chat or other means will result in immediate account termination not
withstanding any other terms of this agreement. Violation of this or any
section of this Agreement will result in refund ineligibility.
3.5.2.
The Company cannot support third party softwares like Mailman, XMB, PHPBB,
Microsoft Frontpage™ or any other third party systems that we provide or
you install on you own. We will try in most cases to help with general
issues to get you running, but we are not responsible for any breakage
that may occur as a result of supporting these systems.
4.
Bandwidth & Utilization
In
addition to the other terms of this agreement, which apply to all plans,
bandwidth and utilization, by its nature, is subject to a number of
differing and/or additional terms.
4.1
The Company provides the space and unlimited transfer in good faith to our
Customers so that they may create their Websites without the fear of running
over their Web traffic allocation. While most Customers will use the space
and traffic for their legitimate Web site needs, we recognize that others
may try to take advantage of our offer and use the space and traffic in ways
for which it is not intended. In the best interests of our Customers and in
an effort to maintain the integrity of our service, the following common
sense rules will apply:
4.1.1.
Customer's site must use and store only the information and data that
relates to the Website, at the IP address provided by the Company.
4.1.2.
Customer may not resell or give away Web space under a domain name, nor
may Customer build Websites that house "sub domain" Websites on
behalf of other companies, groups or individuals. Customers who wish to
resell the Company's Web space should utilize the Company's Reseller
Program;
4.1.3.
Customer may not use Customer's Website to store Web pages, files or data
for other IP addresses or domain names, nor may Customer use its Website
as a repository for file, data or "Warez group" download
transfers. The Company reserves the right to make this determination, in
its sole and absolute discretion;
4.1.4.
The Company's "unlimited traffic” and “storage" offer is to
provide the Company's customers with storage space and bandwidth for
active Web pages and cannot be used as a "storage space" for
electronic files. An example of sites that fall under "electronic
storage" are large archives of images, compressed files, movies, or
sound files..
4.1.5.
The Company does not permit sites where 20% or more of the monthly traffic
is from file downloads, or sites that use more than 10% of system
resources, or sites which in the Company's view are detrimental to the
enjoyment of the Company services by the Company's other clients, or are
in the sole and final judgment of the Company, detrimental to network or
business operations.
The
Company may take whatever steps necessary to provide its services, and to
provide for the enjoyment of such services by all of the Company clients,
and to ensure that certain clients do not utilize services to the detriment
of other clients. Customers with Websites that do not comply with these
simple rules, or who seek to take advantage of the Company unlimited storage
or traffic plan in any other way, will, at the discretion of the Company ,
have their sites canceled and/or removed from the servers and have service
charges assessed at the discretion of the Company.
The
Company will be the sole and final arbiter as to Websites or usages of
resources that constitute violation or intent to violate our policies. Those
Customers found in violation of these policies are subject to a $300.00
service charge for each instance of violation, exclusive of charges for the
bandwidth and/or other resources utilized. Websites which the Company must
suspend or cancel due to violation of these rules are not eligible to
receive a refund for unused service, and are subject to charges for
bandwidth and usage of resources at twice the standard rate for such
resources. Acceptance of these Terms of Services, and/or use of Company's
services constitutes an acceptance of any fines, penalties or service
charges which might arise out of violation of these policies.
5.
Terms and Termination
For
the purposes of Section 5 of this agreement, the term "Thirty Day
Guarantee Period" shall be defined as the period extending from the
date a Customer signs up his or her first domain with the Company through
the thirtieth (30) day following the initial signup of the first domain
enrolled.
5.1.
All cancellations must be received by the Company a minimum of five (5) days
prior to the next billing date of the domain being canceled.
5.1.1.
If the Customer notifies the Company less than five (5) days before the
next billing date of the domain being canceled, the charges incurred as a
result of that renewal will not be refunded.
5.1.2.
Cancellations requested within the Thirty Day Guarantee Period are
eligible for a full refund, less setup fees and add-on-service fees which
are nonrefundable. Cancellations requested outside the Thirty Day
Guarantee Period are not eligible for a refund in part or in full.
5.1.3.
Cancellation requests will only be accepted via email to the email
address, hostmaster@EntrepreneurHost.com. Any other form of
cancellation request in not acceptable.
5.2.
Customer will not receive a refund for any other reason, including but not
limited to: late cancellation, slow connection caused by Customer's
ISP/network, Customer's ignorance, InterNIC delays, account termination for
violation of policies
5.3.
By submitting a credit card or ACH information on the order form, Customer
agrees to authorize all recurring charges to the account and any other
balances incurred due to overages of limits, additions of extras to the
account, service charges and/or any other fees, and to be bound to the terms
of this Agreement.
5.4.
Customer will not receive a refund for any setup fees or any other fees,
including the transaction fees and refund transaction fees charged by any
credit card, ACH, Online check, PayPal, or any other payment processor,
unless otherwise determined by the company.
5.5.
Customer will be charged a $15 reactivation fee for each site suspended due
to a billing-related issue.
5.6.
Customer shall pay the fees and other charges for Products and Services
ordered from Company as published at time of order. Company reserves the
right to change rates without notice; any changes in price will take effect
upon renewal of the existing hosting account, immediately for new purchases.
5.6.1.
Customer agrees that the Company reserves the right to change its fees,
features, and discount offerings and the Customer agrees to be bound by any
changes of fee, feature, and/or discount.
5.7.
The Company reserves the right to terminate this agreement, and to delete
the Website from its hardware, immediately upon the occurrence of any of the
following events:
5.7.1.
Non payment of any charges due from Customer;
5.7.2.
Breach of any term or condition of this agreement by Customer.
5.7.2.1
Dedicated server customers will provide the Company, at all times,
server root passwords to the Company's leased, owned, resold or
otherwise obtained servers. This includes all leased servers, dedicated
managed, dedicated semi-managed, or dedicated unmanaged servers from any
upstream provider.
5.7.3.
Commencement of any lawsuit or proceeding against Customer arising from or
relating to its use of the Website, whether or not such suit names the
Company as a party or seeks any recovery from the Company.
5.7.4.
Payment for any charges is due at the time of signup and renewal
respectively. All payments must be in U.S. Dollars. Accounts which have
balances outstanding shall be deemed to be in default and subject to
termination of service. Customer shall be responsible for all costs of
collection, including reasonable attorney's fees and court costs, in event
of a default for nonpayment of any amounts due the Company.
6.
Indemnification of Provider/Relationship of Parties
6.1.
Customer agrees to indemnify and hold the Company harmless from any lawsuit,
claim, charge, or expense, including reasonable attorney fees and costs of
defense, for any matter arising from or relating to Customer's Website
provided hereunder.
6.2.
Nothing contained herein shall be deemed to create a relationship between
the Company and Customer in the nature of a partnership, joint venture,
editor/publisher or otherwise. Both parties acknowledge and agree that the
Company has no interaction with the data or substance of Customer's Website,
except as necessary to maintain the Website.
7.
Security/Software
7.1.
Customer agrees to take all steps reasonable, necessary, and prudent to
protect Customer's login ID and password.
7.2.
Customer agrees not to attempt to undermine or cause harm to any server,
software, system or customer of the Company.
7.3.
Customer agrees to maintain Customers' computing equipment responsibly,
including running virus software.
7.4.
Uploading a virus to a Company server will result in account termination,
service charges and/or prosecution.
7.5.
Customer acknowledges that the Company cannot provide technical support for
any software and/or script that the Customer installs, other than variable
name changes. Customer also acknowledges that the Company does not supply
technical support for Microsoft FrontPage, other than initial configuration.
The Company supplies technical support for Web hosting issues only. The
Company shall be the sole arbiter as to what constitutes a "Web
host" issue.
8. Violation
Any
attempt to undermine or cause harm to the Company server or another
customer's Web presence is strictly prohibited. Any violation of the above
Terms of Service will result in grounds for account termination, with no
refunds given; the Company reserves the right to remove any account without
prior notice. Violation of these Terms of Service may result in legal
action, service charges or a combination thereof.
9.
Confidentiality
Customer
acknowledges that by reason of their relationship, both the Customer and the
Company may have access to certain products, information and materials
relating to the other part’s business, which may include business plans,
customers, software technology, and marketing plans that are confidential
and of substantial value to either party, respectively, and which value
would be impaired if such information were disclosed to third parties.
Consequently, both the Company and the Customer agree that it will not use
in any way for its own account or for the account of any third part, nor
disclose to any third part, any such information revealed to it by either
part, as the case may be.
The
Customer and the Company further agrees that each will take every
appropriate precaution to protect the confidentiality of such information.
In the vent of termination of this agreement, there shall be no use or
disclosure by either party of any such confidential information in its
possession, and all confidential documents shall be returned to the rightful
owner, or destroyed. The provisions of this section shall survive the
termination of the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to injunctive relief,
which relief will not be contested by the Customer or the Company.
10.
Refusal of Service
10.1.
The Company reserves the right to refuse or cancel service in its sole
discretion with no refunds.
10.2.
If any of these Terms of Service are failed to be followed it will result in
grounds for immediate account deactivation.
11. Disclaimer
11.1.
USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK.
NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY
INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE
INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND
PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR
MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS
OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA,
WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND
ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER
CAUSES.
11.2.
THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE
CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF
ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE
TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
11.3.
The Company reserves the right to revise or change these Terms of Service at
any time.
12.
Domain Registration Agreement, ICAAN Policies
For
domain name registrations obtained by the Customer through the Company, in
addition to this Agreement and notwithstanding any other term of this
Agreement, you agree to be bound by the terms and conditions of the
Registration Agreement of Internet Order Your Name ("OYN") as
amended from time to time (the "OYN Agreement") and which may be
viewed at http://instapro.net and clicking
on "legal agreements" at the bottom of the page, and you agree to
be bound by all policies of and all agreements between OYN and the Internet
Corporation for Assigned Names and Numbers or Network Solutions, Inc.
(ICAAN)as amended from time to time. Without limiting the generality of the
foregoing, you agree that any dispute with respect to your domain name will
be subject to the provisions of the domain dispute policy located at http://instapro.net
and clicking on "legal agreements" at the bottom of the page as
such policy is amended and revised from time to time.
12.1.
Customer acknowledges that all fees billed for domain registration will be
billed directly to the Customer's credit card by 2Checkout.com
12.2.
By registering a domain name through the Company, the Customer is
establishing a relationship with either Instapro.net separate from the Company and this Agreement.
12.3.
The Company is the domain name hosting business. All customer accounts are
setup with the understanding that the Customer will transfer authoritative
DNS control of the domain hosted to the Company, i.e., the Company requires
the Customer to update the domain name registration of any domain hosted by
the Company to list the Company's domain name servers as the hosting entity.
The Company does not provide extended access to its network through
non-authoritative DNS means for any purpose other than initial account
setup. Third-level domains are provided for 30 days after account creation
and may not be used as a primary means of access to an assigned web space
13
By receiving hosting services from EntrepreneurHost.com, you are bound to
all terms stated in this contract and orders who have not indicated they
have read and agree these terms of service will be denied hosting services
by EntrepreneurHost.com. This verification is submitted at time of order.
