IMPORTANT NOTICE: *All Payments To EV1Servers (Everyones Internet)
Are Non-Refundable*
EV1Servers.net ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of EV1Servers Service constitutes acceptance and agreement to EV1Servers's
AUP as well as EV1Servers's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
EV1Servers.net and AUP (Acceptable Use Policy). The AUP may be changed from
time to time at the discretion of the Company. Subscriber understands that change
to the AUP by the Company shall not be grounds for early contract termination
or non-payment.
This Agreement shall be construed in all respects in accordance with the laws
of the state of Texas, county of Harris applicable to contracts enforceable
in that state. Venue will be Harris County, Texas
Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees that
the Company may disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law enforcement agent
who makes a written request without further consent or notification to the
Subscriber. In addition EV1Servers shall have the right to terminate all service
set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the specified
rates and charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but
not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by
the Company of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service. If you are a resident
of Texas, your purchase of dedicated hosting services are subject to the Texas
sales tax rate of 8.25%. All setup fees are subject to an 8.25% tax, 80% of
monthly fees are subject to an 8.25% tax, and the remaining 20% of monthly
fees are not taxed. If you are a Virutal Site user, 100% of your payments
are subject to an 8.25% tax without regard to your location. If you are located
outside of Texas and have no nexus in Texas, your purchase of dedicated hosting
services are not subject to Texas sales tax.
Payments and Fees: Credit cards that are declined for any reason are
subject to a $1.00 declination fee. Service will be interrupted on accounts
that reach 10 days past due. Service interrupted for nonpayment is subject
to a $200 reconnect charge. Accounts not paid by due date are subject to a
$7.95 late fee. Accounts that are not collectable by EV1Servers may be turned
over to an outside collection agency for collection. If your account is turned
over for collection, you agree to pay the company a "Processing and Collection"
Fee of not less than $50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as outlined in this
TOS.
Refund and Disputes: All payments to EV1Servers.net are nonrefundable.
This includes the one time setup fee and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 60 days
of the time the dispute occurred. If you dispute a charge to your credit card
issuer that, in EV1Servers's sole discretion is a valid charge under the provisions
of the TOS and /or AUP, you agree to pay EV1Servers an "Administrative Fee"
of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility for the
payment of all accrued charges, plus reasonable interest and any collection
fees.
Account Cancellation: Requests for canceling accounts may be made in
writing with at least 30 days notice but not more than 60 days prior written
notice and sent to:
EV1Servers Attn: Cancellations
2600 SW Frwy. Suite 500
Houston, TX 77098
Or you may call 713-333-7873 or fax the cancellation request to 713-942-9332.
EV1Servers.net's preferred method of cancellation is via the members section
of your EV1Servers.net account. Please log into the members section at www.ev1servers.net
and you can request to have your server cancelled there via the online cancellation
form.
Once you submit your cancellation an email will be sent to the primary contact
email address we have on file which will contain a link that you must click
on to verify that your cancellation request is valid for the service/s specified
in the email. The link contained in this email must be verified and clicked
on within 48 hours of your request or it will expire. Once you click on the
link your cancellation will be processed within 48 hours or less and we will
send you a confirmation that your request has been completed. Click
here for a sample of the email that will be sent and received.
If you receive the email containing the verification link and do not click
on it within 48 hours your request for a cancellation will not be processed
and monthly recurring charges will continue to be charged to the credit card
information found on file. An e-mail
will be sent to the primary contact email address on the account to advise
you that your cancellation request has not been processed.
If you fail to click on the link within the 48 hours you may resubmit your
cancellation request online via the members section.
**If you do not receive the email we recommend that you
contact the customer service department by email, live chat, or phone asap.
**
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the
company and that damages resulting from any interruption of service are difficult
to ascertain. Therefore, subscriber agrees that the company shall not be liable
for any damages arising from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period damages occurred.
In no event shall the company be liable for any special or consequential damages,
loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains
will be set up and entered into our DNS servers within 3 to 5 business days.
Due to unforeseen complications, however, this process may sometimes require
up to 7 business days. If the new domain is registered by the account holder,
there will be no handling fee. If the domain is registered by EV1Servers.net
on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer
of a domain from another provider to EV1Servers.net will require a minimum
of seven (7) days to be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the unpredictable nature
of the transfer process, no guarantees are made regarding the amount of time
a specific transfer may take. If the transfer of the domain is done by EV1Servers.net
on behalf of the account holder a handling fee will be incurred. If the customer
cancels service during the transfer period for any reason, all charges are
considered earned.
Support Boundaries: EV1Servers, provides 24 x 7 technical support to
our subscribers (except for few holidays and short company meetings when we
close our center.) We limit our technical support to our area of expertise.
The following is our guidelines when providing support: EV1Servers provides
support related to your server or virtual site physical functioning. EV1Servers
does not offer tech support for application specific issues such as cgi programming,
html or any other such issue. EV1Servers does not provide technical support
for YOUR customers. If you can email, we encourage you to email avisor@avisordesigns.com
for assistance. If you are able to get online and have other questions, the
answers may be on our home page here - we encourage you to check there first.
Lastly, the Help files in the program you are using may have the answer to
your question so please do investigate these resources before calling tech
support.
SPAM and Unsolicited Commercial Email (UCE): EV1Servers takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE) or
SPAM over our network. Very simply this means that customers of EV1Servers
may not use or permit others to use our network to transact in UCE. Customers
of EV1Servers may not host, or permit hosting of, sites or information that
is advertised by UCE from other networks. In addition, it is not acceptable
to transmit bulk email through remote SOCKS, HTTP or other similar proxies
who in turn make a SMTP (TCP port 25) connection to the destination mail servers.
This technique may result in 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 occasionally sample bulk email being sent from servers.
Violation of EV1Servers's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, EV1Servers will
initiate an immediate investigation (within 48 hours of notification). During
the investigation, EV1Servers may restrict customer access to the network
to prevent further violations. If a customer is found to be in violation
of our SPAM policy, EV1Servers may, at its sole discretion, restrict, suspend
or terminate customer's account. Further, EV1Servers reserves the right
to pursue civil remedies for any costs associated with the investigation
of a substantiated policy violation. EV1Servers will notify law enforcement
officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of
$250 and your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they will pay "Research Fees"
not to exceed $175 per hour that EV1Servers personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients
over the EV1Servers network, it is advisable that Customers develop a similar,
or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be listed in
any of the various Spam Databases will have their server immediately removed
from our network. The server will not be reconnected until such time that
you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the server to
confirm that all material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network without notice.
Network
IP Address Ownership: If EV1Servers assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet Protocol
address shall belong only to EV1Servers, and Customer shall have no right
to use that Internet Protocol address except as permitted by EV1Servers
in its sole discretion in connection with the Services, during the term
of this Agreement. EV1Servers shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to Customer
by EV1Servers, and EV1Servers reserves the right to change or remove any
and all such Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses for IP based virtual hosts
will not be accepted as justification for new IP addresses. What this means
to you is that you MUST use name-based hosting where possible. We
will periodically review IP address usage, and if we find that clients are
using IP addresses where name-based hosting could be used, we will revoke
authorization to use those IP addresses that could be used with name-based
hosting.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage"). EV1Servers will
monitor Customer's bandwidth and disk usage. EV1Servers 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 EV1Servers's sole and
absolute discretion. If EV1Servers 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, EV1Servers may, at its sole discretion, collect a deposit,
in an amount determined by EV1Servers, against customer's credit card on
file with EV1Servers.
System and Network Security: Users are prohibited from violating
or attempting to violate the security of the EV1Servers Network. Violations
of system or network security may result in civil or criminal liability.
EV1Servers will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include, without
limitation:
Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing"
or "crashing".
Forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not
entitled.
Notification of Violation:
2 EV1Servers is under no duty to look at each customer's or user's activities
to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities.
First violation: Any User, which EV1Servers determines to have violated
any element of this Acceptable Use Policy, shall receive an email, warning
them of the violation. The service may be subject at EV1Servers's discretion
to a temporary suspension pending a User's agreement in writing, to refrain
from any further violations.
Second Violation: Users that EV1Servers determines to have committed a second
violation of any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare cases, we may
have to do this before attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Suspension of Service or Cancellation: EV1Servers reserves the right
to suspend network access to any customer if in the judgment of the EV1Servers
network administrators the customer's server is the source or target of the
violation of any of the other terms of the AUP or for any other reason
which EV1Servers chooses. If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The customer will
not be credited for the time the customer's machines were suspended.
EV1Servers reserves the right to amend its policies at any time. All Sub-Networks,
resellers and managed servers of EV1Servers must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate Cancellation.
You will be held responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
Indemnification: EV1Servers wishes to emphasize that in agreeing to
the EV1Servers Acceptable Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies EV1Servers for any violation of the Acceptable Use Policy
(AUP) and Terms of Service (ToS) that results in loss to EV1Servers or
the bringing of any claim against EV1Servers by any third-party. This means
that if EV1Servers is sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against EV1Servers, plus
all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone contacts are
used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further obligation.
EV1Servers takes no responsibility for any material input by others and
not posted to the EV1Servers Network by EV1Servers. EV1Servers is not responsible
for the content of any other websites linked to the EV1Servers Network;
links are provided as Internet navigation tools only. EV1Servers disclaims
any responsibility for any such inappropriate use and any liability to any
person or party for any other person or party's violation of this policy.
EV1Servers is not responsible for any damages your business may suffer.
EV1Servers does not make implied or written warranties for any of our services.
EV1Servers denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by EV1Servers.
It is absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this material
will be subject to immediate cancellation without refund.
Responsibility for Content: You, as EV1Servers's customer, are solely
responsible for the content stored on and served by your EV1Servers server.
Windows Servers: Requirements for using Microsoft software. Subscribers
are prohibited from allowing more than five (5) authenticated users of the
Microsoft Windows Server Operating Systems under Microsoft licensing terms
and could create liability issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright, trademark
or other proprietary rights notices that appear on Software Products or that
appear during the use of Software Products. Customer further agrees not to
reverse engineer, decompile, or disassemble the Software Products.
EV1Servers may provide you access to other third party software and/or services
("Third Party Products ") through reseller relationships EV1Servers has established
with certain commercial vendors, including without limitation, Microsoft Corporation
("Third Party Vendors"). Unless otherwise notified, Customer understands that
product support for Third Party Products is provided by EV1Servers and not
by the Third Party Vendor. Neither EV1Servers nor any Third Party Vendor makes
any representations or warranties, express or implied, regarding any Third
Party Products. Customer expressly acknowledges and agrees that use of third
party products is at customer's sole risk and such third party products are
provided "as is" and without representation or warranty of any kind from EV1Servers
or any third party vendor, including without limitation, any implied warranty
of merchantability, fitness for a particular purpose, accuracy or completeness
of responses or results, correspondence to description, or non-infringement
of third party rights. To the maximum extent permitted by applicable law,
neither EV1Servers nor any third party vendor will be legally responsible
for any damages, whether direct, indirect, or consequential, arising from
the use or inability to use any third party product. Customer agrees to observe
the terms of any license and/or applicable end user subscriber agreement for
third party products and that customer shall be fully liable to third party
vendors and ev1servers with respect to any improper use of such third party
products or violation of license agreements with them and/or applicable end
user subscriber agreements.
Denial of Service: We reserve the right to refuse service to anyone
at any time for any reason.
© Copyright 2004 EV1Servers.net