TERMS OF SERVICE
(last updated on November 5, 2013)The use of services from EasyHost1 constitutes agreement to these terms.
1.) Account Setup
EasyHost1 will setup your account after we have received a payment in full. EasyHost1 will not activate new orders for customers who have an unpaid outstanding balance with EasyHost1.
1.1 Notification of Account Setup
EasyHost1 will send a notification via email. It is your responsibility to provide us with a valid email address.
1.2 Account Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.
1.3 Transfers
Our team will make every effort to assist you to move your site to us. However, transfers are provided as a courtesy service, and EasyHost1 can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. 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.
1.4 Third Party Providers
All transactions with third party providers are solely between the Customer and the individual provider. EasyHost1 is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by EasyHost1 are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.
1.5 Dedicated IP Address
Allocation Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). EasyHost1 reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
2.) Content
All services provided by EasyHost1 may only be used for lawful purposes. The Customer agrees to indemnify and hold harmless EasyHost1 from any claims resulting from the use of our services.
2.1 Copyright
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 another copyright will be expeditiously removed, or access to the material disabled. Any account found to be in violation of copyright will be suspended and/or terminated from our hosting.
2.2 Unacceptable Materials and Contents
Using a shared hosting account as a backup/storage device is not permitted. Examples of unacceptable materials 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/Gambling Sites
MUDs/RPGs/PBBGs
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)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc)
EasyHost1 services, including all related equipment, networks and network devices are provided only for authorized customer use. EasyHost1 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 EasyHost1 system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. EasyHost1 may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. EasyHost1 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 us 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. EasyHost1.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; EasyHost1 will disable access to the material. EasyHost1 is a republisher and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, EasyHost1.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under EasyHost1's Web hosting service(s).
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.
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 read only 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, EasyHost1 will notify you and allow time for you to change/update your password.
3.) Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) 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.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
4.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. Should your account pass the allocated amount, EasyHost1 reserve the right to suspend the account until the start of the next allocation, suspend the account until it has been upgraded for more bandwidth through Dedicated Server solution or terminate the account. Unused transfer in one month cannot be carried over to the next month.
5.) Spam
EasyHost1 takes a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
EasyHost1 reserves the right to require changes or disable as necessary any Website, 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. EasyHost1 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 EasyHost1.
6.) Payment
You agree to supply appropriate payment for the services received from EasyHost1, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify EasyHost1 of your desire to cancel any or all services received, those services will be billed on a recurring basis.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify EasyHost1 of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by EasyHost1. EasyHost1 reserves the right to bill your credit card or billing information on file with us. EasyHost1 provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to EasyHost1 for services rendered. Access to the account will not be restored until payment has been received.
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 visit to create a support ticket to our Billing department.
EasyHost1 reserves the right to change the monthly payment amount and any other charges at anytime.
7.) Domain Name
Domain renewal notices and invoices are provided as a courtesy reminder and EasyHost1 cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Domain will be automatically renewed if the setup of your domain purchase is on a subscription basis. By default, the domain name ordered through our online order form is set for subscription. It is the customer's responsibility to notify us via a support ticket for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
8.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs daily. The data is overwritten after a week, and only one week of backups are kept. This service is provided to you as a courtesy. EasyHost1 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 EasyHost1 servers. You should always keep a backup copy of your data at your own location.
9.) Cancellations and Refunds
EasyHost1 reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. The cancellation request must be submitted through the ticketing system at least 7 days in advance before renewal date. Once EasyHost1 receives your cancellation and have confirmed all necessary information with you, EasyHost1 will inform you that your account has been canceled.
EasyHost1 offers you an unconditional 30-day money back guarantee on shared hosting package for any customer who paid the first invoice with a credit card or with PayPal. Cancellations requested after the initial 30 days for shared hosting account will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Refunds are to be determined once the account has been canceled.
There are no refunds on domain name, SSL and install fees for custom software.
Only first-time accounts are eligible for a 30-day money back 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.
10.) Uptime Guarantee
If our server has a downtime that is not within the 99.9% uptime, you may receive a prorated credit for the amount of the time the server is down. Approval of the credit is at the discretion of EasyHost1 dependent 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 which may differ from the uptime reported by other individual services. To request a credit, please create a support ticket to our Billing department with justification.
11.) No Reselling
Customer may not resell EasyHost1 web hosting and other services to anyone.
12.) Price Change
EasyHost1 reserve the right to change prices listed on EasyHost1.com, and the right to increase the amount of resources given to plans at any time.
13.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold EasyHost1 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EasyHost1, 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 EasyHost1 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EasyHost1; (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 EasyHost1's server.
14.) Arbitration
By using any EasyHost1 services, you agree to submit to binding arbitration. If any disputes or claims arise against EasyHost1 or its subsidiaries, such disputes will be handled by an arbitrator of EasyHost1'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
EasyHost1 shall not be responsible for any damages your business may suffer. EasyHost1 makes no warranties of any kind, expressed or implied for services EasyHost1 provide. EasyHost1 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 EasyHost1 and its employees.
16.) Disclosure to law enforcement
EasyHost1 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. EasyHost1 will cooperate fully with law enforcement agencies.
17.) Changes to the Term of Service
EasyHost1 reserves the right to revise its policies at any time without notice.
