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LAWFUL USE
Personal accounts are to
be used by the primary owner only, account holders are not
permitted to resell, store or give away web-Hosting services
of their website to other parties even if it was for free or
non-profitable.
You are responsible for conforming to all federal, state, and
local laws regarding the Internet and electronic
communication. You must respect the intellectual property and
copyrights of resources provided by others on the net. You may
not participate in any illegal activities while using your
account. You must obey the laws of the United States and other
countries that you communicate with over the net. We cannot
and do not monitor or control traffic content to/from our
service. You are responsible for keeping your activities
legal, and for censoring yourself and colleagues. Subscribers
is not permitted to post any material that is illegal,
libelous, tortuous, or likely to result in retaliation against
eserves. Should the posted material fall into this category,
we reserves the right to immediately refuse or terminate
service.
eserves does not allow any of the following contents to be
stored or linked to from any of its servers:
- Illegal Material -
This includes copyrighted works, commercial audio, video, or
music files and any material in violation of any Federal,
State or Local regulation.
- Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The designation
of "adult material" is left entirely to the
discretion of eserves.
- Warez - Includes pirated software, ROMS, emulators,
freaking, hacking, password cracking, IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information
about such material.
eserves does not allow
any of the following contents to be stored or linked to from
any of its LINUX servers:
- Online/Offline
Games and Anime Sites : Includes
all online/offline Casinos, Gambling, MUDs, Egg Drop, any kind
of interactive gaming-related communties, PlayStation game
Forums, news or reviews.
- Portals : Includes any size of portals for any
purpose .
- Streaming Media : we dont allow any kind of streaming
media (legal or illegal) including real audio, real video,
QuickTime, ... we accept the Flash/Shockwave only as streaming
media.
eserves only allow the
servers to be used for World Wide Web Page Hosting and the
only files that should be present are those necessary for the
correct operation of the site in question.
eserves will terminate any account that contains any of the
above mentioned contents or links without any warning and
without refunding any payments.
"UNLIMITED"
POLICY
High bandwidth usage: eserves
offers an unlimited use policy by maintaining very large
ratios of bandwidth per customer. In rare cases, eserves may
find a customer to be using server resources to such an extent
that he or she may jeopardize server performance and resources
for other customers. In such instances, eserves reserves the
right to impose the High Resource User Policy for the
consideration of all customers.
You can run any CGI and non-CGI scripts you desire, however we
reserve the right to disable any script that dramatically
affects server performance.
We currently do not allow IRC or IRC bots to be operated on
our servers.
We are proud to offer our clients non-restricted data
transfer. This is considered any transfer of information in
the form of text or graphic, directly readable by a web
browser. Our intention is to provide a large storage space to
serve web documents, not an off-site storage area for
electronic files. All web pages (HTML) must be 'linked' with
files (.GIF, .JPEG, etc.) that are stored on our servers. Web
sites that are found to contain either/or no HTML documents or
a large number of unlinked files are subject to warning,
suspension or cancellation at the discretion of our
administration.
As a note, over 85% of our clients never exceed even 2000 megs
of total FTP and web page transfer combined, so you can be
assured that our bandwidth is not choked by numerous
'load-heavy' sites. To further protect the integrity of our
service, any individual site consistently using 10% or more of
the system's resources may be issued a warning or have its
account deactivated.
HIGH RESOURCE USER
POLICY
Resources are defined as bandwidth
and/or processor utilization.
eserves may implement the following policy to its sole
discretion:
When a website is found to be monopolizing the resources
available eserves reserves the right to suspend that site
immediately. This policy is only implemented in extreme
circumstances and is intended to prevent the misuse of our
servers.
DATA AND BACKUP
While we do back up
our system files, we do not back up domain files uploaded by
our subscribers. This means that if you upload web pages or
other personal files to our system, you must keep a backup on
your own machine. Subscribers agree that eserves has the right
to delete all data, files, or other information that is stored
on eserves's servers upon termination of services, or
cancellation of account due to non-payment or breaking of any
of these terms by subscriber.
UNSOLICITED
ADVERTISING (spam)
Unsolicited
advertising (spam) via E-mail or newsgroups is prohibited and
shall result in immediate account dismissal.
"Spamming", including (but not limited to)
mass-E-mailing, cross-posting, or otherwise causing abuse to
others on the net is prohibited and will be grounds for
account dismissal. Any actions construed to be negligent,
malicious, or a denial-of-service attack is strictly
prohibited.
HOLD HARMLESS
Subscribers will
indemnify and hold eserves harmless (including officers,
employees, agents, and shareholders) of any and all claims,
costs, expenses or liability resulting from any damage to
Subscribers's business, service, equipment, network,
operations, or reputation resulting from eserves's actions.
Indemnification includes, but is not limited to, any
government actions, acts of vandalism or other retaliation,
and any claims of libel, unfair competition, infringement of
any patent, copyright, trademark, service mark, or other
intellectual property right, violation of privacy, or other
tort.
PAYMENT POLICY
All accounts are
set up on a prepay basis. Although eserves reserves the right
to change prices of accounts or services at any time all
pricing is guaranteed for the period of prepayment.
In order to streamline our accounting procedures and keep
costs down eserves accepts credit cards: Mastercard, Visa (not
Visa electron), Discover and American Express, and cash
transfers by: Western Union or American Express, in some cases
eserves accepts direct payment to its bank account.
In addition, eserves reserves the right to suspend other
services until the outstanding debt is cleared. The customer
is responsible for all money owed on the account from the time
it was established to the time that the customer sends a
cancellation request, Customer can request cancellation and
non-renewal of his account at least 7 days before renewal
date, eserves will automatically re-bill your credit card
within 7 days before renewal date, Renewal fees are completely
non-refundable.
CANCELLATION AND
REFUNDS
eserves
reserves the right to cancel the service at any time. Customer
refund requests are to be sent via email to: refund@eserves
and will only be processed in the cases of service
non-performance that might be caused by eserves's side, Refund
requests will be refused if requested for any cause that is
out of eserves's side, For example:
- Domain transfer failure.
- Failure of any third party programs or features that are not
supported or promoted by eserves.
- Customers lack of experience in dealing with web basics and
communication protocols
FRAUD FIGHTING
For Those Thinking
About Committing Fraud :
1. Card fraud is a federal crime and a felony punishable by
heavy fines and jail time. Fraudulent behavior will be
prosecuted aggressively and with a passion to the fullest
extent of the law.
2. The ID and address of your computer and your ISP provider
have been determined, and recorded as a safeguard against
fraudulent behavior and may be used by eserves or legal
entities to prosecute guilty parties.
3. All information must match card account records as provided
by the card-issuing bank. Inputting intentionally false
information is fraud and will not be tolerated and may subject
you to prosecution.
4. Card numbers are transmitted directly to the banking
network for authorization. eserves considers fraud a direct
and serious threat to our business profitability. We do not
take any effort to defraud lightly and will prosecute whenever
and wherever possible to the fullest extent of the law.
INDEMNIFICATION
Customer agrees
that it shall defend, indemnify, save and hold eserves
harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted
against eserves, 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, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless eserves against
liabilities arising out of:
(1) any injury to person or property caused by any products
sold or otherwise distributed in connection with eserves's
server.
(2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from eserves
server.
DISCLAIMER
eserves will not be
responsible for any damages your business may suffer, eserves
makes no warranties of any kind, expressed or implied for
services we provide.
eserves disclaims any warranter merchantability or fitness for
a particular purpose. The includes loss of data resulting from
delays, nondeliveries, wrong delivery, and any and all service
interruptions caused by eserves and its employees.
eserves reserves the right to revise the above mentioned
policies at any time.
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