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Terms of Service (TOS) and Acceptable Use Policies (AUP):
elluscientwebhosting.com will also be referred to as ZoneServ.
The Basics (but not limited to) in plain English:
1. Nothing illegal! - No spamming, illegal pornography, warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No Server abuse is tolerated.
5. If you violate ZoneServ's TOS/AUP, ZoneServ reserve the right to cancel or suspend your account with no advanced notice.
5. a) 14 day money back guarantee does not apply to dedicated servers or VPS.
b) You lose your 14 day money back guarantee if you violate our TOS/AUP.
6. No IRC on any of ZoneServ’s services.
The Legal Version
Acceptable Use Policies (AUP)
(for all accounts) elluscientwebhosting.com has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting, marketing and design. elluscientwebhosting.com reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by elluscientwebhosting.com whenever elluscientwebhosting.com decides the services it has rendered have been inappropriately used. Use of ZoneServ’s service constitutes acceptance and agreement to our policies.
Web Site, Server, and Network Content/Use Provisions
(for all accounts) All services provided by elluscientwebhosting.com and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless elluscientwebhosting.com from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that elluscientwebhosting.com may disclose, without subscribers consent, any and all information related to the subscriber and their service with elluscientwebhosting.com to any law enforcement agent who makes a written request.
elluscientwebhosting.com is not responsible for any material input by anyone other then elluscientwebhosting.com and/or posted to the elluscientwebhosting.com network by anyone other then elluscientwebhosting.com. This includes the content and links on websites hosted by elluscientwebhosting.com. elluscientwebhosting.com disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by elluscientwebhosting.com that elluscientwebhosting.com did not solely create and post to the elluscientwebhosting.com network.
Spamming:
ZoneServ prohibits its users from sending unsolicited e-mail messages (“spamming”), including, but not limited to: Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists; Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list; Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints; Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment; Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised; Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider. ZoneServ allows only COI (Closed-Loop Opt-In) mailing lists. More information on COI can be found here<<<<<<<<<<. Users who send bulk e-mail to “opt-in” list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Company’s receipt of complaints from Internet users related to e-mails received due to users use of “opt in” list shall be a violation of this AUP.
Any user that gets any of ZoneServ’s IPs listed on any legitimate Spam Block or Black hole list such as but not limited to SpamCop or Spamhaus will be billed a $100 charge to subscribers account and additionally a $100 per hour administrative charge to remove the block and protect our IP ranges and mail servers.
Pornography:
Pornography is prohibited on all (unless declared differently by elluscientwebhosting.com) of elluscientwebhosting.com servers. elluscientwebhosting.com will be the sole arbiter as to what constitutes a violation of this provision but in general if its legal for all ages to see, its ok, if you have to be 18 or 21 to view, then its not ok. elluscientwebhosting.com also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. elluscientwebhosting.com will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the United States.
For pornography allowed servers, please contact us before you signup (there are available servers that allow pornography).
With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive; however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.
Bandwidth usage: (for all accounts) Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on elluscientwebhosting.com dedicated server page. Subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscriber’s package.
Background-running Programs: (for reseller accounts) We may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.
IP address's: (Applies to all accounts) All IPs that are assigned to elluscientwebhosting.com subscribers must be used under the authorized use stipulations within 24 hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IPs in the United States. There are to be no unused IP's on elluscientwebhosting.com networks, except those in reserve for elluscientwebhosting.com to assign its subscribers on an as needed basis. Subscribers are only allocated IPs that they will use within 24 hours. Subscribers are not allowed to keep IP's in reserve. IPs are assigned by opening contacting support and requesting the IP. Usual turn around time is 24 hours.
elluscientwebhosting.com assigns and allows its subscribers to use IP addresses that are owned or are given to elluscientwebhosting.com to use. elluscientwebhosting.com retains ownership of all IPs assigned to subscribers.
Name-Based hosting must be used where possible as per ARIN rules.
Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to elluscientwebhosting.com servers or the servers of its underlying service providers or a subscriber of elluscientwebhosting.com or its underlying service providers is strictly prohibited.
Network Security: (for all accounts) Subscribers are prohibited from violating or attempting to violate the security of the elluscientwebhosting.com network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. elluscientwebhosting.com will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by DDoS attacking, mail bombing or anything else that would be detrimental to the services that elluscientwebhosting.com provides, attempting to probe or scan or test the vulnerability of any machine on the elluscientwebhosting.com network, forging any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.
Any reseller of elluscientwebhosting.com must adhere to all of these policies.
Terms of Service (TOS)
Right To Refuse Service and Cancel Accounts:
(for all accounts) elluscientwebhosting.com reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, without any notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.
Communication
(for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice. You may always contact our support in order to check your primary e-mail address.
Technical Support
(for all accounts) Technical Support is available from our website under the support section. Priority is given to the preferred medium in ALL cases. For reseller accounts, tech support covers server issues only. For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the system administrator for their computer. elluscientwebhosting.com can support and administrate your computer but that service is not included in the price of the dedicated server. For information on what it would cost to have elluscientwebhosting.com be the system administrator on your dedicated server contact us.
Note: In actual practice, and as time permits, we do assist in technical support beyond what is stated above.
Deactivation
(for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be refunded to the subscriber. Fees for the entire month are due if the account is active for any amount of time, even just one day during that month.
If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we reserve the right to not send anything notice regarding it (though in most cases an email will be sent).
elluscientwebhosting.com reserves the right to make any changes to its policies and packages, pricing, bandwidth providers, IP's, and features offered at any time as necessary and in no way implies fitness of purpose warranties. elluscientwebhosting.com reserves the right to refuse service to anyone. elluscientwebhosting.com reserves the right to determine what violates any of ZoneServ’s policies.
Payment Policies
(for all accounts) All charges are in U.S. Dollars. All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies elluscientwebhosting.com in writing for a request for termination of services (see cancellation by subscriber section below for details on how to cancel). All payment is in U.S. currency and must be prepaid with Visa, MC, Amex or Discover, Pay Pal, 1 week in advance of due date. Subscribers may prepay multiple months in advance; however, all multiple month prepayments are non-refundable unless elluscientwebhosting.com cancels the subscribers account. A subscriber who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepaid monies, or a reduction in monthly charges until the prepaid period is up.
There is a $5 late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment because of the card being declined, expired, no longer good, or any other problem. The subscriber authorizes elluscientwebhosting.com to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. If a subscriber is late 3 times consecutively, the late fee will be $50 and will increment by $50 for each consecutive month subscriber is late thereafter, indefinitely.
For subscribers who pay by credit card, once a service is 8 days overdue for payment, service will be interrupted if prior arrangements with elluscientwebhosting.com have not been made. For subscribers who pay by Pay Pal, once a service is 4 days overdue for payment, service will be interrupted if prior arrangements with elluscientwebhosting.com have not been made.
If subscribers service has been disconnected for lack of payment as per our payment policies and subscriber wishes to reconnect service, there will be a $100 reconnect fee.
elluscientwebhosting.com reserves the right to turn over any debts owed to elluscientwebhosting.com to a collection agency or to attorneys in that order.
Refunds and Disputes
(for all accounts) All payments to elluscientwebhosting.com are non-refundable and non pro-rateable. This includes the setup-fees and all subsequent monthly recurring charges and any one time fees. If you dispute a charge made to your credit card by elluscientwebhosting.com and it is found that the charge was valid, you agree to pay elluscientwebhosting.com a $100 administration fee.
Transfer of Service
(for all accounts) Subscriber shall not transfer ownership of their service with ZoneServ to any other person or entity without prior written consent from elluscientwebhosting.com. If elluscientwebhosting.com agrees to allow the transfer of service, the new subscriber must agree to the elluscientwebhosting.com TOS and AUP.
Hacked Server Policy
(for dedicated servers) When a server gets hacked, any recent backups that have been made will very likely contain the hack. It is generally not known when a hack was made to the server, and therefore any nightly or weekly backups will likely contain the hack. For this reason ZoneServ does not generally permit subscribers to restore data from backups once a server has been known to be hacked. It is neither in the best interest of the client, nor ZoneServ and the network to use the suspect data. If the data from the backup is needed, the standard procedure is for the subscriber to purchase the old hard drive and have it shipped to the subscriber. If for some reason any of the backed up data is allowed to be used, and the server is hacked again (within one week of the data being used), the subscriber will be billed hourly for all work to redo the server again. If the subscribers server has initiated a DDoS attack on the ZoneServ network, and the subscriber uses any of the backed up data after the server has been restored, and the subscribers server initiates another ddos attack within one weeks time, the subscriber agrees to pay an immediate $500 fine in addition to all hourly fees associated with restoring the network and all of the credits that ZoneServ might have to pay its subscribers in order to meet its SLA. This is generally not a risk that a subscriber will want to take.
Service Rates
(for all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. elluscientwebhosting.com reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc... When changes are made to pricing or specifications of the service elluscientwebhosting.com is providing that result in lower pricing or in better specifications, elluscientwebhosting.com will make every effort to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service elluscientwebhosting.com is providing that result in higher pricing or in lower specifications, elluscientwebhosting.com will make every effort NOT to pass those changes on to the subscriber. elluscientwebhosting.com is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of elluscientwebhosting.com and based on financial evaluations of what is required to keep elluscientwebhosting.com a profitable operating company, able to provide the highest quality services to the subscribers.
14 Day Money Back Guarantee (MBG)
(for reseller accounts only) All reseller web hosting packages (this does not include dedicated and VPS) come with a 14 day money back guarantee. If you are not completely satisfied within the first 14 days, your monthly rental will be refunded. elluscientwebhosting.com does not refund setup fees. 14 day money back guarantee does not apply to spammers (unsolicited emailers legal or not), adult sites, or server abusers. Any account on elluscientwebhosting.com servers that is caught spamming (sending any unsolicited email legal or not), violating any ZoneServ's policies, or abusing the server in any way will automatically forfeit the right to any refunds of any monies including the MBG. Annual pre-payments receive a discount and forfeit their right to the money back guarantee.
Cancellation initiated by subscriber
(for all accounts) Subscribers must notify elluscientwebhosting.com in writing (and include their username, password and domain name) using the preferred support method when they wish to cancel their accounts and must include in that query the date they wish to cancel. Cancellation must be initiated at least 30 days before the cancellation date but not more then 60 days before the cancellation date requested (after the first month of service). Subscriber is responsible for and must pay in full all fees during the 30 days including any monthly recurring fees. ZoneServ will not pro-rate any charges.
Indemnification
(for all accounts) Subscribers agrees that it shall defend, indemnify, save and hold elluscientwebhosting.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against elluscientwebhosting.com, its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agrees to defend, indemnify and hold harmless elluscientwebhosting.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ZoneServ’s server; (2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from ZoneServ’s server. This means if elluscientwebhosting.com is sued because of a subscriber or a subscriber of a ZoneServ’s subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that elluscientwebhosting.com incurs. The failure of ZoneServ or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Disclaimer
(for all accounts) elluscientwebhosting.com will not be responsible for any damages your business may suffer. elluscientwebhosting.com makes no warranties of any kind, expressed or implied for any service we provide. elluscientwebhosting.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lack of customer backups, lack of data integrity and any and all service interruptions caused by elluscientwebhosting.com and its employees. Subscriber acknowledges that the service that is provided can be interrupted for reasons other then the negligence of elluscientwebhosting.com. Subscriber agrees that elluscientwebhosting.com cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of elluscientwebhosting.com. Subscriber also acknowledges that the absolute limit of any liability for anything for any reason to any subscriber at all can never exceed an amount equivalent to the charges payable by the subscriber to elluscientwebhosting.com during the period in which damages are alleged to have occurred. elluscientwebhosting.com reserves the right to revise its policies at any time without notice. Subscribers must adhere to the policies and changes as they are made.
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