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any of our services
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| Privacy
Policy • Terms
of Service |
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TERMS
OF SERVICE
Introduction
The goal of Extreme Internet Solutions is to provide
the best service possible for an
enjoyable Internet experience. This Terms of Service "TOS", also known
as an Acceptable Use Policy or "AUP"
is designed to keep EIS and the Internet
enjoyable and useful for all of our subscribers.
Violation of this Policy may result in suspension
or cancellation of EIS services. EIS is committed
to and supports the free exchange of information
and ideas over the Internet. EIS does not
actively monitor nor does EIS exercise editorial
control over the content of any web site,
electronic mail transmission, mailing list,
news group or other material created or accessible
over EIS servers. However, EIS reserves sole
discretionary rights to remove any materials
deemed potentially illegal, harmful to EIS
business operations or equipment, or in violation
of any part of this AUP or of the standard
EIS TOS Agreement.
Fees
Client agrees to pay EIS all fees indicated on the sales
order (account signup). All fees are required to be paid
within seven (7) days of invoice, failure to comply could
result in suspension or termination of clients account.
EIS reserves the right to forward all delinquent accounts
to a collections agency. All fees are non-refundable.
a) EIS reserves the
right to change any and all fees at any time.
EIS also reserves the right to charge the
client for any damages in result of the users
actions.
b) Cancellation Policy: Client agrees
to contact EIS fifteen (15) days prior to the first day
of the next billing cycle to cancel services provided
by EIS for billing not to be processed. All payments to
ExtremeIS are final and any refunds will be provided at
the sole discretion of ExtremeIS. Refunds, if applicable
will be processed within 60 days.
c) Past Due Accounts Requesting Cancellation: Any customer
with a past due account upon any request for account cancellation must bring
the account to current status to gain access to files, backups, etc. located
on the server, backups of past due accounts will be held for up to 30 days past
due and will be available upon receipt of payment.
Warranties/Disclaimers
EIS services are provided on an "as is, as available" basis. No warranties,
express or implied, including, but not limited to, those of merchantability or
fitness for a particular purpose, are made with respect to EIS or any information
or software therein. You release EIS from and EIS shall have no liability or
responsibility for any direct, indirect, incidental or consequential damages
suffered by you in connection with your use of or inability to use EIS services
including, but not limited to, damages from loss of data resulting from delays,
non-deliveries, ms-deliveries, or service interruptions, or due to inadvertent
release or disclosure of information sent by you even if the same is caused by
EIS's own negligence. Without limiting the generality of the foregoing, EIS disclaims
to the full extent permitted by applicable law any responsibility for (and under
no circumstances shall be liable for) any conduct, content, goods and services
available on or through the Internet or the EIS services. In no e vent shall
EIS aggregate liability exceed the amount paid by you to EIS for EIS services.
Use of any information obtained via EIS Internet service is at the user's own
risk. EIS specifically disclaims any responsibility for the accuracy or quality
of information obtained through its services. EIS reserves the right to terminate
service, without refund, to any client whom violates the terms outlined in this,
our Terms of Service.
Trademarks & Copyrights
Client warrants that it has the right to use the applicable trademarks, if any,
and grants EIS the right to use such trademarks in connection with EIS service.
Email Etiquette and Policy
a) The network resources of EIS may not be used to impersonate
another person or misrepresent authorization to act on behalf of others or EIS
All messages via EIS should correctly identify the sender; users may not alter
the attribution of origin in electronic mail messages or postings. Users may
not attempt to undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorized access to said networks. Clients
must also follow rules imposed by other networks that are being accessed from
their accounts including, but not limited to IRC Servers, Web Servers, FTP Server.
b) EIS may impose reasonable rules and regulations regarding
the use of its services. Customer shall impose such rules and regulations on
its customers to the extent necessary to ensure compliance. No Mech bots may
be run under ANY circumstance. No Eggdrop or any IRC Related services may be
run on any of EIS servers.
c) EIS may discontinue
servicing any Plan, or may require fulfillment
of terms or conditions EIS may choose to
impose as a prerequisite for continuing to
service any such Plan. Such discontinuation
or requirement may not be unreasonable, however,
and EIS agrees to provide Customer with reasonable
notice by Email of any such intent to discontinue
or impose certain conditions.
d) EIS's services may not be used for illegal purposes, or
in support of illegal activities. EIS reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation of any suspected
crime or civil wrong. Activities which are prohibited as potentially illegal
include, but are not limited to:
d.1) Unauthorized copying
of copyrighted material including, but not
limited to, digitization and distribution
of photographs from magazines, books, or
other copyrighted sources, and copyrighted
software.
d.2) Threatening bodily
harm or property damage to individuals or
groups.
d.3) Making fraudulent
offers of products, items, or services originating
from your account.
d.4) Attempting to access
the accounts of others or attempting to penetrate
beyond security measures of our or other
systems (referred to as hacking) whether
or not the intrusion results in corruption
or loss of data.
d.5) Harassing others by
'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages
to the same e-mail address.
d.6) Forging any message
header, in part or whole, of any electronic
transmission, originating or passing through
EIS services.
d.7) Distributing viruses
to or from EIS systems.
e) Client shall not run
any DoS (Denial of Service) programs or exploits
on our servers. Failure to comply will result
in immediate termination of clients account,
and the proper authorities will be contacted.
If your account is found being DoS (Denial
of Service) attacked often, this could result
in suspension or termination of your account.
Limited Liability
a) Client expressly agrees that use of
EIS's Server is at Client's sole risk. Neither EIS, its
employees, agents, resellers, third party information providers,
merchants licensers or the like, warrant that EIS's Server
service 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 Server service or as to the
accuracy, or reliability of any information service or
merchandise contained in or provided through the EIS Server
service, unless otherwise expressly stated in this Agreement.
b) Under no circumstances,
including negligence, shall EIS, its offices,
agents or any one else involved in creating,
or distributing EIS's Server service be liable
for any direct, indirect, incidental, special
or consequential damages that result from
the use of or inability to use the EIS Server
service; or that results from mistakes, omissions,
interruptions, deletion of files, errors,
defects, delays in operation, or transmission
or any failure of performance, whether or
not limited to acts of God, communication
failure, theft, destruction or unauthorized
access to EIS's records, programs or services.
Client hereby acknowledges that this paragraph shall apply to all content on
EIS's Server service.
Right to Change Service
EIS reserves to right to change without notice the EIS service, including, but
not limited to, access procedures, hours of operation, menu structures, commands,
documentation, vendors and services offered.
Right to Modify Terms of Service/Acceptable Use Policies
EIS may modify its Terms of Service/Acceptable Use Policies upon notice published
online via EIS. Customer's use of EIS services after such notice shall constitute
Customer's acceptance of the modifications to these policies.
SPAM and Unsolicited Commercial Email (UCE)
EIS enforces a zero tolerance policy with regard to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our servers. EIS does not permit any
client to use our servers to participate in UCE. All customers of EIS may
not use our service for hosting sites or information that is advertised by UCE
from other servers/networks.
It is not acceptable to transmit bulk email
through remote SOCKS, HTTP or other similar
proxies who in turn make an SMTP (TCP port
25) connection to the destination mail servers.
This technique may result in immediate account
suspension or termination. Violations
of this policy carry severe penalties, including
termination of service. In order to
prevent unnecessary blacklisting due to spam
we reserve the right to sample any bulk email
being sent from our servers.
a) Violation of EIS SPAM/UCE
policy will result in severe penalties. Upon
being notified of an alleged violation of
our SPAM/UCE policy, EIS will initiate an
immediate investigation. The investigation
will include the immediate suspension of
customer's account. EIS aggressively
enforces its zero tolerance policy. If
a customer is found to be in violation of
our SPAM/UCE policy, EIS will, at its sole,
restrict, suspend or terminate the customer's
account.
EIS will notify law enforcement officials
if the violation is believed to be a criminal
offense.
b) Violation of EIS SPAM/UCE
policy that are found to be valid will result
in a "SPAM/UCE Cleanup Fee" of
$500, in addition absolutely no refund on
any plans will be issued.
Indemnification
Client agrees that it shall defend, indemnify, save and
hold EIS harmless from any demands, liabilities, losses,
costs and claims, including reasonable attorneys' fees,
("Liabilities") asserted against EIS, its agents,
its customers, servants officers and employees, that may
arise or result from any service provided or performed
or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend,
indemnify and hold harmless EIS against Liabilities arising
out of:
a) any injury to person
or property caused by any products sold or
otherwise distributed in connection with
EIS's Server;
b) any material supplied
by Client infringing or allegedly infringing
on the proprietary rights of a third
party;
c) copyright infringement
and
d) any defective product
which Client sold on EIS Server.
Uptime Guarantee
EIS provides a 99.8% uptime guarantee, this guarantee
is limited to the following provisions;
a) EIS 99.8% uptime guarantee
is calculated using the following formula:
30 days x 24 hours x 60 minutes x 60 seconds
x 99.8%, this calculation equals approximately
84 minutes of downtime per 30 day cycle.
b) EIS 99.8% uptime guarantee
specifically excludes the following:
scheduled network maintenance, scheduled
server maintenance, natural disasters (acts
of god), downtime of an individual web site
due to customer error.
c) EIS 99.8% uptime guarantee
covers the following: unscheduled network
outage, unscheduled server maintenance, technical
errors on the part of EIS or it's employees.
d) EIS 99.8% uptime guarantee
is compensated using the following formula:
5% deduction from the next invoice amount
per hour after 84 minutes up to a maximum
of 100% of the next invoice.
e) EIS at its sole discretion
determines what qualifies for the 99.8% uptime
guarantee.
Denial of Service
We reserve the right to refuse service to anyone at any
time for any reason.
Responsibility for Content
You, as an EIS customer are solely responsible for the
content stored on and served by EIS server/s.
Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not
exceed the amount specified in any plan the customer has
purchased from EIS.
EIS will monitor Customer's bandwidth and
disk usage. EIS shall have the right
to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such
corrective action may include the assessment
of additional charges, disconnection or discontinuance
of any and all Services, or termination of
this Agreement, which actions may be taken
is in EIS sole and absolute discretion. If
EIS takes any corrective action under this
section, Customer shall not be entitled to
a refund of any fees paid in advance prior
to such action. In the event that a customer
exceeds the included allocation, EIS may,
at its sole discretion, collect a deposit,
in an amount determined by EIS, against customer's
credit card on file with EIS.
Reporting Violations of EIS TOS/AUP
To report any violations of EIS TOS/AUP email abuse@extremeis.com By
purchasing any services from EIS, you are affirming that you have read, understand,
and agree to all of the above Terms of Service. Violation of the terms outlined
above may result in account termination, without refund. |
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