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The service that is subject to the following agreement is provided by
EayOK! Web Services @ eayokweb.com in association with Oksana Studios. EayOK! Web Services @
eayokweb.com and Oksana Studios. will be referred to as EayOK! Web Services @ eayokweb.com
for the sake of brevity in this document.
You should be aware that by signing up for an account with EayOK! Web
Services @ eayokweb.com, you agree to position data on our servers, thus making it
accessible to the wide public. In this sense, you accept that it is beyond the power of
EayOK! Web Services @ eayokweb.com to restrict such access and guarantee the security of
your files. You are completely in charge of protecting your data on EayOK! Web Services @
eayokweb.com servers, which suggests that you would better consider carefully any piece of
information before uploading it to your newly allocated EayOK! Web Services @ eayokweb.com
server space. It is recommendable to avoid publishing personal data that could be abused
online.
The order form completion or your payment represents the electronic
signing of this document.
You should abide by the
Domain Name Registration Agreement, which is an indivisible part of this document.
ENTIRE AGREEMENT; SERVICE AGREEMENT
EayOK! Web Services @ eayokweb.com shall provide its Services to You (the Customer)
under the Terms and conditions of this Customer Agreement. The Agreement is intended to
keep the integrity of both EayOK! Web Services @ eayokweb.com and the Customer and to
protect both parties from liability. This Service Agreement will be enforced to ensure
the speed, power, performance, and reliability of our services. Along with the Order
Form and any other documents or agreements explicitly specified in this Agreement, the
Customer Agreement constitutes the whole act of convention between EayOK! Web Services @
eayokweb.com and the Customer, thus being the most significant document of the
newly-established relationship. In case that a court of competent jurisdiction considers
that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining
ones will completely reserve their validity. Customer's side of the Agreement could be
presented by the following parties: an individual with personal demands, being over 18
years of age; a legal entity such as a corporation, a limited liability company etc.
that is consistent with state's law system. If a person represents the Customer for some
reason, he/she should be legally authorized to act in his/her name, thus accepting,
executing and delivering the Agreement. You understand and agree that the Service is
provided "AS-IS" and that EayOK! Web Services @ eayokweb.com assumes no responsibility
for the timeliness, deletion, and failure to deliver or store any Customer communication
or personalization settings.
EayOK! Web Services @ eayokweb.com HOSTING
SERVICES
A web hosting service is a type of Internet service that offers individuals and
organizations the opportunity to host their own websites, and to store information,
images, video, or other content accessible via the World Wide Web. A Storage Service
Provider (SSP) is a company that provides computer storage space and related management
services. SSPs also offer periodic backup and archiving. EayOK! Web Services @
eayokweb.com offers only web hosting services, not data storage services. A web hosting
service consists of the following:
Bandwidth - Each hosting plan includes
prepaid monthly bandwidth in Megabytes. This bandwidth quota is shared between all
the sites in a single hosting account. In case a hosting account exceeds its allowed
bandwidth, it will be suspended until beginning of the next month when the quota
will refresh automatically. Additional bandwidth is available. Contact sales for
more information.
Domains Hosted - EayOK! Web Services @
eayokweb.com hosting plans include domain hosting. Each hosting plan has a limit of
the domains hosted.
Domain Registration - If EayOK! Web Services
@ eayokweb.com offers Domain Registration, it will be listed on this site (www.eayokweb.com). EayOK! Web Services @ eayokweb.com may
make specials offers at times. This may included a free or discounted domain name
with hosting that EayOK! Web Services @ eayokweb.com controls which will be turned
over to you if you decide to leave EayOK! Web Services @ eayokweb.com. Your hosting
account and domain registration must be in good standing (all paid up). Each
web hosting account can use a maximum of one discounted domain name. Domain
registrations are final and cannot be refunded.
Disk Space - Additional disk space is
available. Payment is accepted only in advance per year. Contact sales for more
information.
IP Address - For many customers an IP
address is important for starting SSL hosts and that's why we allow purchasing more
IP addresses. In case your hosting account does not include an IP address, please
contact sales for more information on how to obtain it. Payment is accepted only in
advance per year.
MySQL Database(s) - In case your hosting
account does not include a MySQL database, please contact sales for more information
on how to obtain it. Additional MySQL databases are available.
MySQL Database Storage - Each hosting
account has a limit for MySQL database storage. This storage is shared between all
the MySQL databases in a single hosting account. Additional MySQL database storage
is available. Contact sales for pricing.
SSH (Secured Shell) - In case your hosting
account does not include a SSH, please contact sales for more information on how to
obtain it. Payment is accepted only in advance per year.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously run by EayOK! Web Services @
eayokweb.com in the background. Their provision suggests additional fee in accordance
with system resources used and operational maintenance involved, if needed. Generally,
EayOK! Web Services @ eayokweb.com avoids placing complementary charges upon customers,
providing the CronTab service that is integrated in the hosting Control Panel. Optional
EayOK! Web Services @ eayokweb.com: These services, including but not limited to: Site
Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH
NO GUARANTEE OF RESULTS. EayOK! Web Services @ eayokweb.com ADDITIONAL SERVICES OR
FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE"
BASIS. IEayOK! Web Services @ eayokweb.com REJECTS ANY IMPLIED WARRANTIES. ANY OF EayOK!
Web Services @ eayokweb.com's EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD
RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY
INFORMATION, CONTENT OR SERVICES PROVIDED BY EayOK! Web Services @ eayokweb.com,
INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY
FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
SERVICE GUARANTEES
EayOK! Web Services @ eayokweb.com will guarantee 99.9% EayOK! Web Services @
eayokweb.com network uptime and 99.9%
network stability uptime. This, however, does not refer to problems stemming from:
Server Hardware Breakdown.
User error(s) or purposeful interruption(s) of the user
service (e.g. if the client shuts his/her own server down, EayOK! Web Services @
eayokweb.com is not responsible for the downtime).
Failures due to software that is not explicitly supported by
EayOK! Web Services @ eayokweb.com. Consequently, if a hardware crash provoked by
the customer happens, EayOK! Web Services @ eayokweb.com is beyond the control and
responsibility for the resulting downtime.
A data backup is available on a daily basis. All the contents of a
client's /www/ folder will be added to the backup, as well as all the databases that
belong to the customer. The maximum space provided to a client for his backup is 5 GB of
disk storage.
SERVER USAGE & HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS. Web content
requirements exclude the publication of illegal content or content considered
inappropriate otherwise. Customers should get in touch with a IEayOK! Web Services @
eayokweb.com Service representative regarding any inquiries over the matter.
If any of EayOK! Web Services @ eayokweb.com Services are used for the illegal
purpose of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. EayOK! Web Services @ eayokweb.com expressly
bans the use of any EayOK! Web Services @ eayokweb.com hardware or software hosted
on a EayOK! Web Services @ eayokweb.com server for trying to illegally access
another hosted machine or network.
Using EayOK! Web Services @ eayokweb.com's temporary URL is not defined as
bandwidth stealing. However, customers are advised to use it temporarily and EayOK!
Web Services @ eayokweb.com does not bear the responsibility, if we change it
afterwards - traffic processing there is not recommendable. It is not recommendable
to use EayOK! Web Services @ eayokweb.com' temporary URL - scXX.info/scXX.biz - as a
basic URL. Users are advised to redirect their traffic to their own domains.
Each customer will be able to take advantage of the package
he/she has purchased at the introductory price levels and with one and the same set
of features in the course of the whole contract period. EayOK! Web Services @
eayokweb.com reserves the right to introduce certain changes to the packages (in the
shape of complementary services) to the benefit of customers.
MONEY BACK GUARANTEE
EayOK! Web Services @ eayokweb.com offers a 30-day money back guarantee. If you are not
satisfied with our hosting service, you can email and receive a full refund for your
hosting plan within 30 days after you purchased the account. However, all domain
registrations are final, do not include any money back guarantee and will be subject to
a $9.95 USD per year per domain registration fee. You will be required to make a deposit
of $9.95 USD for the domain fee before receiving the refund for the hosting account.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
EayOK! Web Services @ eayokweb.com contracts with JCB / VISA
/ MASTER CARD International and Discover Financial Services for chargeback
procedures, thus avoiding its merchant accounts involvement. When signing up for a
web hosting service with EayOK! Web Services @ eayokweb.com, customers agree to AUP
(this document) and the specified Terms & Conditions in this document. Thus, EayOK!
Web Services @ eayokweb.com will utilize this document as an evidence for the
customer's agreement in cases of a chargeback inquiry on behalf of the customer
based on points that the client tries to refute after he accepted them at the time
of the order.
If, however, customer presents a valid motive for the refund
required, having observed the afore-specified requirements, then EayOK! Web Services
@ eayokweb.com will process the money back procedures without hesitation. Any refund
actions will immediately lead to web hosting account suspension and the customer's
credit card will be charged back with the respective sum under the same payment
order / authorization number.
EayOK! Web Services @ eayokweb.com will charge customers with
fees based on the fee structure at the time of the sign-up process. EayOK! Web
Services @ eayokweb.com reserves the right to introduce changes to the packages when
needed regarding price and set of features. This means that the current price list
at EayOK! Web Services @ eayokweb.com (eayokweb.com) may differ from the pricing and
features of the customer's account.
When signing up for an account with EayOK! Web Services @
eayokweb.com, the customer agrees to pay for the period of one year (365 days).
EayOK! Web Services @ eayokweb.com grants customers with 48 hours over the official
payment period. In case that the payment has not been received, the account will be
suspended.
Chargebacks are not considered as a way of refunding. Any
customer who provides a credit card chargeback in response to a bill or order placed
at EayOK! Web Services @ eayokweb.com will be subject to collections and legal
action. He/she will be charged $29.00 USD, because when signing up with EayOK! Web
Services @ eayokweb.com, customers accept these terms and conditions, thus agreeing
to observe them strictly.
WARRANTIES AND REPRESENTATIONS
EayOK! Web Services @ eayokweb.com provides hosting services on an "as is" and "as
available" basis without warranties or representations for its offering. The company
bears no responsibility for connection problems, in cases when customers' hosting with
EayOK! Web Services @ eayokweb.com confronts with service interruption issues.
FREE DOMAIN NAME PROMOTION
EayOK! Web Services @ eayokweb.com may have special promotions and gives FREE or
discounted domain names only to new customers of web hosting accounts. However, when the
money back guarantee option is used the domain names must be paid - $9.95 USD per year
per domain name.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EayOK! Web Services @ eayokweb.com Services, you will
not use the EayOK! Web Services @ eayokweb.com Services for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not attempt to gain
unauthorized access to any EayOK! Web Services @ eayokweb.com Services, other accounts,
computer systems or networks connected to any EayOK! Web Services @ eayokweb.com
Services, through hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made
available through the EayOK! Web Services @ eayokweb.com Services. EayOK! Web Services @
eayokweb.com reserves the right at all times to disclose any information as IEayOK! Web
Services @ eayokweb.com deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in the sole discretion of IEayOK! Web Services @
eayokweb.com. EayOK! Web Services @ eayokweb.com is within the capacity to refuse
service to unlawful parties. EayOK! Web Services @ eayokweb.com servers can be used
explicitly for legal purposes only and each attempt for taking indecent advantage of the
servers inconsistent with the rules will be immediately rejected. In this light, EayOK!
Web Services @ eayokweb.com expressly forbids any breach of Federal, State or Local
regulation, including, but is not limited to the transmission of: copyrighted material,
material legally judged to be threatening or obscene and material protected by trade
secrets. EayOK! Web Services @ eayokweb.com management will thoroughly scrutinize any of
the received orders and decide to their own discretion which of them do not comply with
the officially stated requirements for use of the company's servers. EayOK! Web Services
@ eayokweb.com servers CANNOT be used for the propagation, distribution, housing,
processing, storing, or handling in any way of lewd, obscene, adult OR pornographic
material, or any other material which is considered impermissible by the company
including, but not limited to - pornography, adult materials, satanic materials, and any
other materials of an adult nature.
THIRD PARTY
Any dealings with third parties (including advertisers) included within the EayOK! Web
Services @ eayokweb.com Services or participation in promotions, including the delivery
of and the payment for goods and services, and any other terms, conditions, warranties
or representations associated with such dealings or promotions, are solely between you
and the advertiser or other third party. EayOK! Web Services @ eayokweb.com shall not be
responsible or liable for any part of any such dealings or promotions.
TERMINATION
You agree that IEayOK! Web Services @ eayokweb.com, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service if you violate these terms.
SERVICE DENIAL
EayOK! Web Services @ eayokweb.com reserves the right to reject its service and
terminate this agreement for a certain period of time or indefinitely upon customers'
failure to pay. The customer then is considered a debtor to EayOK! Web Services @
eayokweb.com and liable for reasonable interest and collection fees.
YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the EayOK! Web
Services @ eayokweb.com Service in connection with surveys, contests, pyramid schemes,
chain letters, junk e-mail, spamming or any duplicative or unsolicited messages
(commercial or otherwise) is prohibited. In consideration of your use of the Service,
you agree to:
Provide
true, accurate,
current and complete information about yourself as prompted by the registration
form of the Service.
Maintain and promptly inform us to update Registration Data
to keep it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or EayOK! Web Services @
eayokweb.com has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, EayOK! Web Services @ eayokweb.com has the
right to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
When signing up for un account with EayOK! Web Services @
eayokweb.com, each customer agrees to submit correct and up-to-date contact details,
meaning that when introducing any changes to this information, he/she is obliged to
notify EayOK! Web Services @ eayokweb.com in the course of a 10-business-day period
after the changes become valid. The introduction of changes should be done online
through customer's Control Panel, not via e-mail. This requirement is also in force
for EayOK! Web Services @ eayokweb.com - customers will always be aware of any
contact information changes that the company places within its website. This way, a
flawless communication process between both sides is guaranteed.
You will receive a password and account designation upon
completing the registration process of the Service. You are responsible for
maintaining the confidentiality of your password and account, and you are fully
responsible for all activities that occur under your password or account. You agree
to:
immediately notify EayOK! Web Services @ eayokweb.com
about any unauthorized use of your password or account or any other breach of
security.
ensure that you exit from your account at the end of each
session.
EayOK! Web Services @ eayokweb.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this.
Any Customer in violation of system or network security is
subject to criminal and civil liability, as well as immediate account termination.
Examples include, but are not limited to the following: Unauthorized access, use,
probe, or scan of a systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including, without
limitation, e-mail bombing, flooding deliberate attempts to overload a system and
broadcast attacks. Forging of any TCP/IP packet header or any part of the header
information in an e-mail or newsgroup posting.
Harm to EayOK! Web Services @ eayokweb.com Servers - any
attempts for doing harm to a server or customer of EayOK! Web Services @
eayokweb.com Services are explicitly banned
Acceptable Use of Services / Acceptable Access to
Services - EayOK! Web Services @ eayokweb.com will immediately and resolutely
react to any attempt of use of an Internet account or computer by a EayOK! Web
Services @ eayokweb.com customer unauthorized by the account or computer owner.
Such attempts include "Internet scamming" (tricking other people into releasing
their passwords and etc.), password robbery, security hole scanning etc. It DOES
NOT matter whether the attacked account or computer belongs or not to EayOK! Web
Services @ eayokweb.com Services, the fraud will be subject to actions based on
the very nature of the attack which could be a warning, an account suspension or
cancellation and civil or criminal legal action.
CPU usage (or usage of the Central Processing Unit(s)) on the
web server Customer's account is hosted on is subject to some regulations. That
means that each hosting account can take advantage of up to 10% of the CPU power for
no longer than 180 seconds at any given time or 4.5% in the course of 24 hours.
EayOK! Web Services @ eayokweb.com strongly requires that customers be very
judicious when using the CPU power for their accounts. Otherwise, we may suspend
customer accounts in cases of registered impact on other accounts on the server or
disturbance caused to the functioning of the server. If we do suspend an account,
then its owner will be notified of that in consistence with the situation that this
suspension may provoke. Possible alternative is a required reduction in the
load and traffic that the customer's account gets. EayOK! Web Services @
eayokweb.com reserves the right to block files or scripts that use CPU exceedingly
and notify clients.
Customer agrees not to publish on or over its account any
information, software or other content, which violates or infringes upon the rights
of any others or which knowingly contravenes the laws of any jurisdiction in which
such content is generally accessible.
Users are NOT allowed to send more than 1500 emails per day
per hosting account.
Each account is entitled to host up to 50 000 files.
EayOK! Web Services @ eayokweb.com offers generous amounts of
disk space and network bandwidth. The customers must not allow other websites or
hosting servers to link to files stored in their hosting accounts, and thus steal
network traffic. In order to escape unjust distribution of the resources, as well as
possible sharing of illegal content, the Customers are not allowed to use their
hosting accounts as a remote storage server only or solely for the purpose of
sharing (un)archived images, programs or sound files. At least 80% of all files
and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not
limited to these file extensions) in each hosting account must be a part of actual,
active website(s) content, i.e. all content files must have corresponding HTML or
PHP files, which link to them. Furthermore, these files may amount to no more than
50% of the customer's total monthly traffic usage. If requested, the Customer should
prove that a given file is a constituent part of an actual page and not only stored
on the server within 24 hours of the request.
MySQL usage: each database hosted on our system can be used
only by the user who has created it. Another user, whose account is hosted on the
same or on another server, cannot use the database created in your account. The
MySQL database has a limit of 45 000 queries per hour. If you have reached 45 000
queries per a given hour, you will not be able to make any more queries. In the next
hour you will have access to the database again and the counter will be reset.
The access and error logs for all client's hosts in an
account should not exceed 500 MB in total.
EayOK! Web Services @ eayokweb.com does NOT allow sites that
provide any content, points of distribution, or 'links' to sites that:
infringe on any third party's intellectual property or
proprietary rights, or rights of publicity or privacy
violate any law, statute, ordinance or regulation
are defamatory, trade libelous, threatening, unlawfully
harassing, abusive, pornographic or obscene
contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another
contain Pirated or Hacking / Phreaking Software (Warez) -
Any software that is copyrighted and not freely available for distribution
without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under
this jurisdiction
have Adult Sites (content) - Any erotic or pornographic
material, links to adult sites, or advertisements of adult sites.
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one month (30 days) and one year (365 days) depending
on the billing cycle. After that period of time, the account will be automatically
suspended until the Customer renews it by paying the annual subscription. In case the
Customer does not renew his hosting account, it will remain BLOCKED. The account's data
will be kept for two weeks, after that it will be permanently deleted.
The redemption period is a registry level period of up to 30 days that occurs when a
domain name is deleted after it expires without being renewed. Instead of just being
deleted and returned to the pool of domain names available for registration, the
registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original
domain registrant may retrieve the domain name from deletion for an additional fee by
contacting the registrar if you purchased it though the registrar. Or, if you purchased
hosting in EayOK! Web Services @ eayokweb.com with a free or discounted domain name,
EayOK! Web Services @ eayokweb.com will act in compliance with the registrar and
communicate it with you.
This extra 30-day period extends the time available to renew expired domain names.
However, all names that enter the redemption period are removed from the zone files (the
list of domains currently in the global DNS); therefore, any web site or e-mail services
associated with the domain name will stop working.
After the 30-day redemption period there is a 5-day pending delete phase. When a domain
is in this phase no one can retrieve the domain and it cannot be registered. After the
5-day pending delete phase the registry will release the domain name back into the
public pool of available domain names.
We strongly recommend that you renew your domain registration before the domain name is
placed in redemption. If your domain name is placed into redemption, we cannot prevent
the zone files being removed from the DNS and your web site and any associated services
will cease to work.
We can assist in retrieving your domain only if your domain was registered using us. If
your domain was registered with another registrar, you must contact that registrar for
information regarding retrieving your domain name. You will be charged with a REDEMPTION
FEE of $190.00 USD for the domain registration renewal.
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER
WARRANTIES/GUARANTIES
When buying an allocated space on EayOK! Web Services @
eayokweb.com servers, customers agree to be fully responsible for the development,
operation and maintenance of their web site, online store and e-commerce activities
within that space. Each customer is in charge of all the products and services as
well as of all contents and materials appearing online, including:
the accuracy and relevance of Customer Content and
content and material showcased in its store or on its products
certainty that the Customer Content and content and
materials appearing in its store or on its products do not violate or infringe
upon the rights of any person
certainty that the Customer Content and the content and
materials appearing in his/her store or on his/her products are not calumnious
or somehow illegal. Customer is the only one in charge of approving, processing
and filling customer orders and of taking care of customer requests or
complaints. Customer is the one in charge of the payment or satisfaction of any
and all taxes related to his/her web site and online store.
Customer bears the responsibility for ensuring the security
and confidentiality of any customer data (including, without limitation, customer
credit card numbers) that he/she may receive in connection with his/her web site or
online store.
Each Customer guarantees to EayOK! Web Services @
eayokweb.com that he/she owns or possesses the right to use the Customer Content and
its material, including all text, graphics, sound, music, video, programming,
scripts and applets. Each Customer warrants to EayOK! Web Services @ eayokweb.com
that the use, reproduction, propagation and transmission of the Customer Content and
any information and materials contained inside do not, and will not:
infringe or abuse any copyright, patent, trademark, trade
secret or any other proprietary right of a third party
break any criminal laws or manifest false advertising,
unfair competition, vilification, privacy intrusion; violate a right of
publicity or violate any other law or regulation. Each Customer empowers EayOK!
Web Services @ eayokweb.com to reproduce, copy, use and propagate all and any
part of the Customer Content for ensuring and operating the Services. EayOK! Web
Services @ eayokweb.com is granted the right to assess the extent these
operations need to be done.
TORTUROUS CONDUCT
Any case of indecent treatment towards an EayOK! Web Services @ eayokweb.com employee
will be considered inappropriate. Each Customer is anticipated to conduct a
professionally mannered communication with EayOK! Web Services @ eayokweb.com employees
regarding any requests for help through e-mail or by means of the Ticket Desk Support
System. Each Customer should avoid applying any forms of written emotional outburst or
cursing. Any attempts of deliberately undermining behavior will be interpreted as a
breach of this TOS. Other acts of treatment towards EayOK! Web Services @ eayokweb.com
employees that will be considered as unacceptable include any verbal, oral, written or
delivered by a second party threats addressing EayOK! Web Services @ eayokweb.com or any
of its employees, partners, equipment, and concerns. Any forms of such threats will be
interpreted as a breach of this TOS. EayOK! Web Services @ eayokweb.com keeps the right
to assess which behavior will be treated as a breach of this TOS and to give no refunds
to the users whose accounts have been suspended for violating the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam.
For your information, spamming generally includes, but is not limited to:
the sending of unsolicited messages in bulk, or the sending
of unsolicited e-mails, which provoke complaints from recipients
the sending of junk mail
the use of distribution lists that include people who have
not given specific permission to be included in such a distribution process
posting commercial ads to USENET newsgroups that do not
permit it
posting articles containing binary encoded data to non-binary
newsgroups
excessive and repeated posting of off-topic messages to
newsgroups
e-mail harassment of another Internet Customer or Customers,
including but not limited to, transmitting any threatening, libelous or obscene
material, or material of any nature which could be deemed to be offensive
the e-mailing of age-inappropriate communications or content
to anyone under the age of 18
"Spamming" is considered as explicit misuse of ethical
principles and will be interpreted as a violation of them
The maximum number of allowed e-mail messages sent per day is
1500. There are no exceptions to this rule. Every customer who is sending more than
1500 e-mail messages per day needs a dedicated server and cannot use a shared
hosting account.
NEWS RELEASES
Forward Looking Statements: these refer to any predications within this website that are
not based on objective facts and express expectations with regard to forthcoming events.
Such statements cannot be treated as reality-based because it is possible that they
happen to deviate from actual circumstances. Forward Looking Statements can be
recognized by the availability of indicative words such as "believes", anticipates,"
"plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent,"
"potential". However, their availability is not a compulsory requirement for a
forward-looking statement to be treated as such.
FORCE MAJURO CIRCUMSTANCES
EayOK! Web Services @ eayokweb.com will be in an off-liability position as regards the
failure or delay in doing its professional duties in consequence of circumstances beyond
its control. Such circumstances could be provoked by acts of any governmental body, war,
rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS propagation), failure of third
party software or hardware or inability to obtain raw materials, supplies or power used
in or equipment needed for provisioning of the Services. This agreement constitutes the
whole act of convention between the parties with regard to the agreement signed between
them. It is not subject to any amendments, modifications, or any other alterations with
the exception of changes introduced through a written instrument that is signed by the
party to be charged.
This Agreement shall be interpreted in consistence with the
laws of the State of New Hampshire, US.
This Agreement shall be in force and effect entirely to the
benefit of the parties hereto and their respective heirs, executors, administrators,
successors and assigns. - The captions and headings contained in this TOS are aimed
at facilitating the text comprehension. They are not a part of the very Agreement,
and shall not limit or construe the provision they refer to. - This Agreement may be
executed in counterparts, which will be considered as original.
COPYRIGHTS
Copyrighted material must not be placed on Customers' accounts without the permission of
the copyright owners or people that are specifically authorized by the copyright owners.
Only copyright owners or people specifically authorized by them may upload copyrighted
material to the account. Upon our receipt of a notice of a claimed copyright
infringement containing the above information, after confirmation we will promptly
remove the allegedly infringing material from the Services and carry out further
procedures if necessary. We will assume no liability to any Customer of the Services for
the removal of any such material.
Please report any violations of the Terms of Service and the
Domain Name Dispute Resolution Policy to abuse@eayokweb.com .
ASSIGNMENT
Customer shall not have the right to assign this Agreement without the written
permission of EayOK! Web Services @ eayokweb.com. This Agreement shall be in force and
effect to the total benefit of Customer and EayOK! Web Services @ eayokweb.com and their
successors and permitted assigns.
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