User may not
run any formmail.pl program.
User must
comply with the disk space and bandwidth allotments of their
hosting account. However, we always try to work with
individual users by looking at aggregate usage, the total load
on our server. We reserve the right to inform you that you
must transfer your website if an excessive amount of bandwidth
is being used. User may not purchase more than 1 hosting
package and link them together in an attempt to get around our
bandwidth or website size restrictions. We currently do not
allow websites that exceed 15 GB of bandwidth per month to
host on our servers. If the request is not met within 5 days,
we do reserve the right to remove the website from our system.
You agree not
to post any of the following restricted contents: Illegal,
Abusive or Unethical Activities include, but are not limited
to, pornography, obscenity, nudity, violations of privacy,
hacking, computer virus, gambling, or promotion of gambling,
and any harassing or harmful materials or uses, as determined
by us. You agree to indemnify and hold us harmless from any
claim resulting from your publications or use of Illegal,
Abusive or Unethical materials.
We reserve
the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of
this Agreement.
Right to
Cancel
We reserve
the right to cancel Service for any reason without prior
notice. In the event that a user's service is cancelled for a
reason outside of this TOS, we will refund the user the unused
portion of that month's service at the time of cancellation.
System
Backups
We do not and
will not perform system backups on any User's E-mail account(s).
We shall not be held responsible for any lost E-mail data,
email attachments, or any E-mail message contents, regardless
of the reasoning for data loss or system causes. Except as
otherwise set forth herein, we will not provide historical
data, to any party for any reason, regarding any system or
Internet activity.
Although we
do perform system backups on hosting content, we shall not be
held responsible for any lost web data, web files, or any
website contents, regardless of the reasoning for data loss or
system causes. User should always keep their own backup of
their website. Except as otherwise set forth herein, We will
not provide historical data, to any party for any reason,
regarding any system or Internet activity.
We do not
perform backups on the MySQL databases. We shall not be held
responsible for any lost data. User should always keep their
own backup of their database content.
No
Confidentiality
Information
transmitted through us and through the Internet in general is
not confidential. We can not and shall not guarantee privacy
or protection of any User. We reserve the right to monitor any
User's transmissions when deemed necessary for providing
proper service and/or to protect the rights and property of
our company.
Our Privacy
Policy
We will not under any circumstances, short of a properly
served court order, release information about any user or any
users activities to any one, period.
Billing
Policies
Billing policies are based on a
month to month basis as agreed upon at the time of signing up.
However, changing payment method, term length, etc. can be
accomplished by contacting Eagle's Ream HSI administration.
Failure to
Comply With Terms and Conditions
We may deny
User access to all or part of the Service without notice if
User engages in any conduct or activities that we in our sole
discretion believes violates any of the terms and conditions
in this Agreement. If we deny User access to the Service
because of such a violation, User shall not have the right (1)
to access through us any materials stored on the Internet, (2)
to obtain any credit(s) otherwise due to User, and such
credit(s) shall be forfeited, (3) to access third party
services, merchandise or information on the Internet through
us, and we shall have no responsibility to notify any
third-party providers of services, merchandise or information
nor any responsibility for any consequences resulting from
lack of notification.
Miscellaneous
In the event
that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to
reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and
effect.
Our failure
to insist upon or enforce strict performance of any provisions
of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
parties nor trade practice shall act to modify any provision
of this Agreement.
We may modify
this Agreement from time to time by placing a notice of such
modification on our website, and User's continued use of the
Service following notice of such modification shall be deemed
to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to
determine whether this Agreement has been modified. If User
does not agree to any modification of this Agreement, User
must immediately stop using the Service.
This
Agreement shall be governed by and construed in accordance
with the laws of the State of Washington without regard to its
conflicts of law provisions. Any cause of action User may have
with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim
or cause of action is barred.
We shall not
be liable or deemed to be in default for any delay or failure
in performance under this Agreement or interruption of service
resulting directly or indirectly from acts of God, civil or
military authority, acts of public enemy, war, riots, civil
disturbances, insurrections, accidents, dire, explosions,
earthquakes, floods, the elements, strikes, labor disputes,
shortages of suitable parts, materials, labor or
transportation or any cause beyond our reasonable control.
Venue for
litigation of any dispute, controversy, or claim arising out
of, in connection with, or in relation to this Agreement, or
the breach thereof, naming us as the defendant, shall be
proper only in a venue determined by us.
In any action
between us and User to enforce any of the terms of this
Agreement, We shall be entitled to recover expenses, including
reasonable attorney's fees.
This
Agreement constitutes the entire agreement between User and us
with respect to the Service.
