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The use of
services from EasyTriadHosting.com [hereafter referred
to as "Easy Triad Hosting"] constitutes agreement to
these terms. You may view our Privacy Policy
here.
1.) Account
Setup / Email on file
We will setup your account after we have received
payment and we and/or our payment partner(s) have
screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under. If
there is ever an abuse issue or we need to contact you,
the primary email address on file will be used for this
purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times.
Providing false contact information of any kind may
result in the termination of your account. In dedicated
server purchases or high risk transactions, it will be
necessary to provide government issued identification
and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the
order may be considered fraudulent in nature and be
denied.
Transfers
Our
transfers team will make every effort to help you move
your site to us. However, transfers are provided as a
courtesy service, and we can not make guarantees
regarding the availability, possibility, or time
required to complete an account transfer. Each hosting
company is configured differently, and some hosting
platforms save data in an incompatible or proprietary
format, which may make it extremely difficult if not
impossible to migrate some or all account data. We will
try our best, but in some cases we may be unable to
assist you in a transfer of data from an old
host.
The free
transfer services are available for 30 days from your
sign up date. Transfers outside of the 30 day free
period will incur a charge; please contact a member of
the transfers department with specific details to
receive a price quote.
2.)
Content
All
services provided by Easy Triad Hosting may only be used
for lawful purposes. The laws of the State of Florida,
the State of Texas, and the United States of America
apply.
The customer
agrees to indemnify and hold harmless Easy Triad Hosting
from any claims resulting from the use of our
services.
Use of our
services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or
any other copyrighted work. The offer of sale of any
counterfeit merchandise of a trademark holder will
result in the immediate termination of your account. Any
account found to be in violation of anothers copyright
will be expeditiously removed, or access to the material
disabled. Any account found to be in repeated violation
of copyright laws will be suspended and/or terminated
from our hosting. If you believe that your copyright or
trademark is being infringed upon, please email
salesandsupport@easytriadhosting.com with the information
required. A list of required information may be found
here. If the request is of a licensing issue, we may
require further documentation.
Using a shared
account as a backup/storage device is not permitted,
with the exception of one cPanel backup of the same
account. Please do not take backups of your
backups.
Examples of
unacceptable material on all Shared and Reseller servers
include:
Topsites
IRC Scripts/Bots
Proxy
Scripts/Anonymizers
Pirated Software/Warez
Image
Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail
Bombers/Spam Scripts
Banner-Ad services (commercial
banner ad rotation)
File Dump/Mirror Scripts
(similar to rapidshare)
Commercial Audio Streaming
(more than one or two streams)
Escrow/Bank
Debentures
High-Yield Interest Programs (HYIP) or
Related Sites
Investment Sites (FOREX, E-Gold
Exchange, Second Life/Linden Exchange, Ponzi,
MLM/Pyramid Scheme)
Sale of any controlled substance
without prior proof of appropriate permit(s)
Prime
Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker
focused sites/archives/programs
Sites promoting
illegal activities
Forums and/or websites that
distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to
sites listed at aa419.org & escrow-fraud.com)
Examples of unacceptable material on all Dedicated
servers include:
IRC
Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail
Bombers/spam Scripts
Escrow
High-Yield Interest
Programs (HYIP) or Related Sites
Investment Sites
(FOREX, E-Gold Exchange, Second Life/Linden Exchange,
Ponzi, MLM/Pyramid Scheme)
Sale of any controlled
substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
Hateful/Racist/Harassment oriented sites
Hacker
focused sites/archives/programs
Sites promoting
illegal activities
Forums and/or websites that
distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to
sites listed at aa419.org & escrow-fraud.com)
Easy Triad
Hosting services, including all related equipment,
networks and network devices are provided only for
authorized customer use. Easy Triad Hosting systems may
be monitored for all lawful purposes, including to
ensure that use is authorized, for management of the
system, to facilitate protection against unauthorized
access, and to verify security procedures,
survivability, and operational security. During
monitoring, information may be examined, recorded,
copied and used for authorized purposes. Use of Easy
Triad Hosting system(s) constitutes consent to
monitoring for these purposes.
We reserve the
right to refuse service to anyone. Any material that, in
our judgment, is obscene, threatening, illegal, or
violates our terms of service in any manner may be
removed from our servers (or otherwise disabled), with
or without notice.
Failure to
respond to email from our abuse department within 48
hours may result in the suspension or termination of
your services. All abuse issues must be dealt with via
troubleticket/email and will have a response within 48
hours.
If in doubt
regarding the acceptability of your site or service,
please contact us at salesandsupport@easytriadhosting.com and we will be happy to
assist you.
Potential harm
to minors is strictly forbidden, including but not
limited to child pornography or content perceived to be
child pornography (Lolita):
Any site found
to host child pornography or linking to child
pornography will be suspended immediately without
notice.
Resellers: we
will suspend the site in question and will notify you so
you may terminate the account. We will further monitor
your activity; more than one infraction of this type may
result in the immediate termination of your account.
Direct
customers: Your services will be terminated with or
without notice.
Violations will
be reported to the appropriate law enforcement
agency.
It is your
responsibility to ensure that scripts/programs installed
under your account are secure and permissions of
directories are set properly, regardless of installation
method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users
are ultimately responsible for all actions taken under
their account. This includes the compromise of
credentials such as user name and password. It is
required that you use a secure password. If a weak
password is used, your account may be suspended until
you agree to use a more secure password. Audits may be
done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be
weak, we will notify you and allow time for you to
change/update your password.
3.) Zero
Tolerance Spam Policy
We take a
zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and
purchased lists will be treated as spam. Any user who
sends out spam will have their account terminated with
or without notice.
Please read
http://www.easytriadhosting.com/mailpolicy.php for our generalized
mail policy.
Sites
advertised via SPAM (Spamvertised) may not be hosted on
our servers. This provision includes, but is not limited
to SPAM sent via fax, email, instant messaging, or
usenet/newsgroups. No organization or entity listed in
the ROKSO may be hosted on our servers. Any account
which results in our IP space being blacklisted will be
immediately suspended and/or terminated.
Easy Triad
Hosting reserves the right to require changes or disable
as necessary any web site, account, database, or other
component that does not comply with its established
policies, or to make any such modifications in an
emergency at its sole discretion.
Easy Triad
Hosting reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up
fee or any charges incurred for blacklist removal. This
cost of the clean up fee is entirely at the discretion
of Easy Triad Hosting.
4.) Payment
Information
You agree
to supply appropriate payment for the services received
from Easy Triad Hosting, in advance of the time period
during which such services are provided. You agree that
until and unless you notify Easy Triad Hosting of your
desire to cancel any or all services received, those
services will be billed on a recurring basis.
Cancellations
must be done in writing via the cancellation form
provided. Once we receive your cancellation and have
confirmed all necessary information with you via e-mail,
we will inform you in writing (typically email) that
your account has been canceled. Your cancellation
confirmation will contain a ticket/tracking number in
the subject for your reference, and for verification
purposes. You should immediately receive an automatic
"Your request has been received..." email with a
tracking number. An employee will confirm your request
(and process your cancellation) shortly thereafter. If
you do not hear back from us, or do not receive the
automatic confirmation email within a few minutes after
submitting your cancellation, please contact us
immediately via phone. We require that cancellations of
service are done through the online form to (a) confirm
your identity, (b) confirm in writing you are prepared
for all files/emails to be removed, and (c) document the
request. This process reduces the likelihood of
mistakes, fraudulent/malicious requests, and ensures you
are aware that the files, emails, and account may be
removed immediately after a cancellation request is
processed.
As a client of
Easy Triad Hosting, it is your responsibility to ensure
that your payment information is up to date, and that
all invoices are paid on time. Easy Triad Hosting
provides a 10 day grace period from the time the invoice
is generated and when it must be paid. Any invoice that
is outstanding for 10 days and not paid will result in a
$10 late fee and/or an account suspension until account
balance has been paid in full.
Invoices that
have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the
account and cannot be refunded via Paypal. If you
require assistance with this provision, please contact
salesandsupport@easytriadhosting.com
Easy Triad
Hosting reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and
Data Loss
Your use of this service is at your sole risk.
Our backup service is provided to you as a courtesy.
Easy Triad Hosting is not responsible for files and/or
data residing on your account. You agree to take full
responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored
on Easy Triad Hosting servers.
6.)
Cancellations and Refunds
Easy Triad
Hosting reserves the right to cancel the account at any
time with or without notice.
Any abuse of
our staff in any medium or format will result in the
suspension or termination of your services.
Customers may
cancel at any time via a cancellation form.
The following
methods of payments are non-refundable, and refunds will
be posted as credit to the hosting account:
Bank Wire
Transfers
Western Union Payments
Checks
Money orders
There are
no refunds on dedicated servers, administrative fees,
install fees for custom software, or domain name
purchases.
Only first-time
accounts are eligible for a refund. For example, if
you've had an account with us before, canceled and
signed up again, you will not be eligible for a refund
or if you have opened a second account with
us.
Violations of
the Terms of Service will waive the refund
policy.
7. Resource
Usage
User may not:
a) Use 25% or more of system resources for longer then
90 seconds. There are numerous activities that could
cause such problems; these include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run stand-alone, unattended
server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including
Google Cash / AdSpy) on shared servers.
d) Run any
software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any bit torrent application,
tracker, or client. You may link to legal torrents
off-site, but may not host or store them on our shared
servers.
f) Participate in any
file-sharing/peer-to-peer activities
g) Run any
gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with
intervals of less than 15 minutes When using PHP include
functions for including a local file, include the local
file rather than the URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES
The use of
more than 50,000 inodes on any shared account may
potentially result in suspension. Accounts found to be
exceeding the 50,000 inode limit will automatically be
removed from our backup system to avoid over-usage.
Every file (a webpage, image file, email, etc) on your
account uses up 1 inode.
Sites that
slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and
delete large numbers of files on a regular basis, have
hundreds of thousands of files, or cause file system
damage may be flagged for review and/or suspension. The
primary cause of excessive inodes seems to be due to
users leaving their catchall address enabled, but never
checking their primary account mailbox. Over time, tens
of thousands of messages (or more) build up, eventually
pushing the account past our inode limit. To disable
your default mailbox, login to cPanel and choose "Mail",
then "Default Address", "Set Default Address", and then
type in: :fail: No such user here.
8.) Bandwidth
Usage
You are allocated a monthly bandwidth allowance.
This allowance varies depending on the hosting package
you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account
until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level
of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9a.) Money back
Guarantee
On
dedicated servers and collocation no full refund will be
honored -- the 45 day money back guarantee does not
apply. We reserve the right to refund a prorated amount
or no refund at all.
Each of Easy
Triad Hosting's managed shared and reseller servers
carry a 45 day unconditional money back guarantee on
them. If you are not completely satisfied with our
services within the first 45 days of your service, you
will be given a full refund of the contract amount.
Remember, this is only for monthly shared or reseller
packages and does not apply to dedicated servers,
administrative fees, install fees for custom software,
or domain name purchases.
9b.) Uptime
Guarantee
If your shared / reseller server has a
physical downtime that is not within the 99.9% uptime
you may receive one month of credit on your account.
Approval of the credit is at the discretion of Easy
Triad Hosting dependant upon justification provided.
Third party monitoring service reports may not be used
for justification due to a variety of factors including
the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime
from the operating system and the Apache Web Server
which may differ from the uptime reported by other
individual services. To request a credit, please contact
salesandsupport@easytriadhosting.com with justification. All
requests must be made in writing via email. Uptime
guarantees only apply to shared / reseller solutions.
Dedicated servers are covered by a network guarantee in
which the credit is prorated for the amount of time the
server is down which is not related to our uptime
guarantee.
10.) Reseller:
Client Responsibility
Resellers are responsible for supporting their
clients. Easy Triad Hosting does not provide support to
our Reseller's Clients. If a reseller's client contacts
us, we reserve the right to place the client account on
hold until the reseller can assume their responsibility
for their client. All support requests must be made by
the reseller on their clients' behalf for security
purposes. Resellers are also responsible for all content
stored or transmitted under their reseller account and
the actions of their clients'. Easy Triad Hosting will
hold any reseller responsible for any of their clients
actions that violate the law or the terms of
service.
11.) Shared
(non-reseller accounts) / Semidedicated
Servers
Shared accounts may not resell web hosting to
other people, if you wish to resell hosting you must use
a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
12.) Dedicated
Servers
Easy Triad Hosting reserves the right
to reset the password on a dedicated server if the
password on file is not current so that we may do
security audits as required by our datacenter. It is the
responsibility of the client to ensure that there is a
valid email address and current root password on file
for their dedicated server on file to prevent downtime
from forced password resets. Easy Triad Hosting reserves
the right to audit servers as needed and to perform
administrative actions at the request of our datacenter.
Dedicated servers are NOT backed up by us and it is the
responsibility of the client to maintain backups or have
a solution for this. You may purchase an additional hard
drive and maintain backups to it as the most simple
solution. Please contact
salesandsupport@easytriadhosting.com if you wish to obtain a
secondary hard drive. It is your responsibility to
maintain backups.
13.) Price
Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve the right
to change prices listed on EasyTriadHosting.com, and the
right to increase the amount of resources given to plans
at any time.
14a.)
Indemnification
Customer agrees that it shall defend, indemnify,
save and hold Easy Triad Hosting harmless from any and
all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against
Easy Triad Hosting, 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 Easy Triad Hosting against liabilities arising
out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection
with Easy Triad Hosting; (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
customers from Easy Triad Hosting's server.
14b.)
Arbitration
By using any
Easy Triad Hosting services, you agree to submit to
binding arbitration. If any disputes or claims arise
against Easy Triad Hosting or its subsidiaries, such
disputes will be handled by an arbitrator of Easy Triad
Hosting's choice. An arbitrator from the American
Arbitration Association or the National Arbitration
Forum will be selected in the state of Texas.
Arbitrators shall be attorneys or retired judges and
shall be selected pursuant to the applicable rules. All
decisions rendered by the arbitrator will be binding and
final. The arbitrator's award is final and binding on
all parties. The Federal Arbitration Act, and not any
state arbitration law, governs all arbitration under
this Arbitration Clause. You are also responsible for
any and all costs related to such
arbitration.
15.)
Disclaimer
Easy Triad Hosting shall not be responsible for
any damages your business may suffer. Easy Triad Hosting
makes no warranties of any kind, expressed or implied
for services we provide. Easy Triad Hosting disclaims
any warranty or merchantability or fitness for a
particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and
all service interruptions caused by Easy Triad Hosting
and its employees.
16.) Disclosure
to law enforcement
Easy Triad Hosting may disclose any subscriber
information to law enforcement agencies without further
consent or notification to the subscriber upon lawful
request from such agencies. We will cooperate fully with
law enforcement agencies.
17.) Changes to
the TOS
Easy Triad
Hosting reserves the right to revise its policies at any
time without notice.
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