123easyhost reserves the right to refuse service to anyone at its sole
discretion. 123easyhost reserves the right to suspend or cancel a
customer's access to any or all services provided by 123easyhost when 123easyhost decides
that the account has been inappropriately used.
UNSOLICITED BULK EMAIL ADVERTISING ("Spamming")
Unsolicited commercial email advertisements sent from a customer's account using a
123easyhost -hosted domain or a 123easyhost SMTP server will result in immediate account
suspension or cancellation.
123easyhost servers may not be listed in any spammed message, either as an originator,
intermediary, or reply-to address. Violators will be immediately terminated without
refund, legal action for theft of services may also be initiated. Customers who are
repeatedly flamed and/or mail-bombed, or who attract such behavior, will be immediately
Unsolicited commercial email advertisements posted on Usenet newsgroups, sent from a
customer's account using a 123easyhost-hosted domain or a 123easyhost SMTP server, will
result in immediate account suspension or cancellation.
ABUSE OF UNLIMITED TRAFFIC & STORAGE
123easyhost customers are privileged to be offered unlimited traffic and very large
amounts of storage for their web sites. We expect our customers to use these resources in
good faith. The intention of 123easyhost is to provide a large space to serve web
documents, not an offsite storage area for electronic files. To prevent abuse; 1)
123easyhost web space must be used as a facility for web hosting only; 2) 123easyhost
storage must not be used as a facility for backup purposes; 3) All non-HTML files must be
referenced by HTML files. All web pages (HTML) must be 'linked' with all files (.gif,
.jpeg, .exe, etc.) stored on 123easyhost' servers. Web sites that are found to contain no
html documents or a number of unlinked files are subject to warning, suspension or
cancellation at the discretion of 123easyhost management.
Due to the unique resource characteristics and hit patterns associated with certain site
types of sites, the following do not qualify for unlimited Hits or bandwidth, and should
contact 123easyhost regarding metered rate accounts: file/download archives (including
shareware archives, sound archives, video archives, image archives, and multimedia
archives), mirrors, distribution points, or any other site whose sole or primary purpose
is for file distribution.
Large sites MUST make prior arrangements with 123easyhost before signing up. Specifically,
drastic changes or increases in storage size or bandwidth must be coordinated with
123easyhost so that we are prepared to handle the increase in resource demand. In short,
123easyhost will give large sites the flexibility they need, provided that such accounts
do not negatively impact other 123easyhost customers.
123easyhost email accounts may not be used for permanent storage of email, and must be
cleared periodically. In other words, don't click the "leave mail on server" box
found in many popular email clients.
Violation of any part of this "good faith" policy can result in warnings or
requests to switch to a metered rate. Flagrant violations will result in termination of
service with no further notice and no refund.
In the event that any virus or destructive element is found or furnished with any content,
the customer will use their best efforts upon learning that such situation exists, to
immediately eliminate the virus or destructive element. Customer will notify 123easyhost
as to the existence of any such virus or destructive element immediately upon discovery
thereof, and 123easyhost will have the right to take any steps it deems necessary to
eliminate the virus or destructive element and to be reimbursed by the customer for its
costs relating to any such commercially reasonable steps.
All accounts are set up on a prepay basis. Setup fees are charged for all new accounts and
major account changes and are non-refundable under any circumstances (accept under the
unlimited 30 day guarantee). All pricing is guaranteed for the life of the hosting with
ust. Any cancellations or modifications in services included in a Special invalidates the
Special price. Payment is due each anniversary month or period following the date the
account was established. Credit card orders will be charged automatically to the
card number on file. If for any reason the card does not clear with the bank on three
attempts, the account is subject to suspension. Any account not brought current within a
week of e-mail notice or exceeding this time frame in any way is
suspension. No bills or invoices will be sent by regular mail. Invoices for those
customers who pay by check will be sent via e-mail . The customer is responsible for all
money owed on the account from the time it was established to the time that the customer
notifies 123easyhost in writing for a request for termination of services. Checks returned
unpaid (NSF) will be assessed a $25 charge. All payment is in U.S. currency.
Domain registration fees are billed directly to the domain registrant by InterNIC. The
domain registrant is solely responsible for making payment. 123easyhost does not issue
refunds for "down time" caused by the customer's failure to pay InterNIC fees.
123easyhost reserves the right to cancel service at any time. If 123easyhost
institutes its right of cancellation, all fees paid in advance of cancellation will be
pro-rated and paid by 123easyhost, EXCLUDING SETUP FEES. If cancellation is caused by
customers violation of 123easyhost policies, then no refund is due whatsoever.
Customers can cancel service any time and be refunded any amount exceeding the pre-payment
of the current month. Due to security concerns, all account cancellations must be done in
writing via US mail or fax with a valid signature of the primary contact of the account,
account name, reason for cancellation, and last 4 digits of credit card on file. If
payment was made by check or bank transfer, include the zip/postal code of the primary
contact. Payment will be made by company check within 30 days of receipt of cancellation
or credit card return. The account will be canceled at the end of the current billing
period, unless a date of cancellation is specified.
Customers may not use 123easyhost' servers to conduct or solicit the performance of any
illegal activity or to conduct any other activity which infringes the rights of
123easyhost or any third party.
123easyhost reserves the right to refuse service to anyone for any reason. 123easyhost
will not host or handle material that contains pornography, obscenity, discriminatory/hate
propaganda, "warez" related sites, or sites that promote the illegal
distribution of software. 123easyhost retains sole discretion for determining which
content falls into the above subject matter. 123easyhost will cancel the accounts of
customers that cause an overload of 123easyhost systems or results in reasonable
complaints from other customers or third parties. The designation of any materials as such
described above is left entirely to the discretion of 123easyhost management.
PROHIBITION AGAINST RESALE OF SERVICES
123easyhost' services are intended for the end user only. Customers cannot sublease,
subhost, or give away control of any portion of 123easyhost' resources. Doing so will
result in immediate account cancellation. 123easyhost offers a resale program for such
Customer agrees that it shall defend, indemnify, save and hold 123easyhost harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against 123easyhost, 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 123easyhost against liabilities arising out
of; (1) any injury to person or property caused by any products sold or otherwise
distributed in connection with 123easyhost server; (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 customer from 123easyhost
123easyhost will not be responsible for any direct or indirect damages your business may
suffer as a result of 123easyhost' negligence. 123easyhostmakes no warranties of any kind,
expressed or implied, for services we provide. 123easyhost disclaims any warranty or
merchantability or fitness for a particular purpose. The includes loss of data resulting
from delays, nondeliveries, wrong delivery, and any and all service interruptions caused
by 123easyhost and its employees. 123easyhost reserves the right to revise its policies at