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The
following Policy applies to our Hosting services.
You must accept these terms if you wish to use our services.
eCommerceDiscovery seeks to provide you with top quality technology
and service thus allowing you the opportunity to administer your own
web site or dedicated server on the World Wide Web (WWW) in the most
efficient and effective way possible. We continually upgrade our servers,
network, and support to help you achieve your goals in hosting. Budget
Hosting is designed to provide you with the most popular and proven
hardware and software available to serve your pages to the WWW at
the lowest possible prices. Our Premium Hosting is designed to provide
faster, more fully featured and reliable hardware, software and networking
at a price that is aggressively competitive for any similar service.
Dedicated Hosting is designed to offer you administrative control
over a leased or co-located server also at the lowest price point
possible. To keep this pricing down, we ask that you follow our acceptable
use policies. If you have any questions about these policies,
please send your questions to tos@ecommercediscovery.com
eCommerceDiscovery reserves the right to refuse service to anyone
at any time. However, if eCommerceDiscovery should deem it necessary
to initiate termination of services with you, eCommerceDiscovery specifically
agrees to provide reasonable access to you in order to allow you to
download any files which may still reside on the web site or server
being removed from the network. In no event shall eCommerceDiscovery
be liable for any loss, loss of data, or other commercial damage,
including but not limited to special, incidental, consequential or
other damages, which result from this termination of services.
Web-site Content. The content of your website will remain
on your virtual or dedicated server and is not available to any other
entity. You have the right to retain on your virtual or dedicated
server; any and all files that you seek to hold that do not violate
the following rules. Customers are prohibited from transmitting
on or through any of eCommerceDiscovery's services, any material that
is, in eCommerceDiscovery's sole discretion: unlawful, obscene,
threatening, abusive, libelous, encourages criminal mischief, gives
rise to civil liability, or otherwise violates any local, state, federal,
or international law and/or treatise. In short, eCommerceDiscovery
hosting services may only be used for lawful activities
Pornography:Adult
websites are permitted any accounts ; all material must be legal within
the United States.
Sites
which violate any of these rules are subject to immediate suspension
without prior notice. EcommerceDiscovery technicians do not normally
check the content of our clients' sites to protect the privacy of
our clients. However, we will conduct a full investigation and cooperate
with the proper officials if a site is suspected to contain any illegal
materials, with or without prior notice.
We
Strongly suggest you read ADULT
FAQ in our Support area under FAQ section.
Additionally,
Adult websites are restricted to monthly contract only.
Network. Our Virtual and Dedicated servers were designed to
give you the maximum freedom of administration and access to the Internet
at the lowest cost available. Our Network usage is open to all eCommerceDiscovery
users. Your server is welcome on our network as long as your site
does not create a problem for the network. High Network traffic
or throughput is not a problem at eCommerceDiscovery, but extreme
network traffic or extreme uploading and downloading can create problems.
Your maximum throughput allowed by your website is an estimate of
your usage. You are allowed to exceed your maximum usage without being
shut off. You will be billed for the additional throughput on
your next billing cycle. Please help eCommerceDiscovery plan for the
future and popularity of your website. If you know in advance due
to advertising, publicity, or general interest that your throughput
will exceed 2 times the amount allowable by your plan, please contact
us at support@ecommercediscovery.com.
This will ensure no downtime and maximum availability of your
website at all times. We can upgrade you to another service
plan or make other arrangements to save you money and to ensure your
site is available at all times.
eCommerceDiscovery customers may not use our network to circumvent
user authentication or security of any host, network, or account.
This includes, but is not limited to, accessing data not intended
for the customer, logging into a server or account the customer is
not expressly authorised to access, password cracking, probing the
security of other networks or directly violating the security policy
of another organization. Customers are also not allowed to interfere
or deny service to any user, host, or network by flooding, mail bombing,
or attempts to overload or crash the host network. Any violation of
the network guidelines set forth will result in deactivation of your
virtual or dedicated server for resolution.
Mass Mailings. eCommerceDiscovery has a zero tolerance
policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE
are defined as: the sending of the same, or substantially similar,
unsolicited electronic mail message, whether commercial or not, to
more than one recipient. A message is considered unsolicited if it
is posted in violation of a newsgroup charter or if it is sent to
a recipient who has not requested or invited the message. UCE also
includes e-mail with forged headers, compromised mail server relays,
and false contact information. This prohibition extends to the sending
of unsolicited mass mailings from another service, which in any way
implicates the use of the eCommerceDiscovery servers and/or network.
Violation of the above terms will result in one or all of the following:
A warning from eCommerceDiscovery personnel by E-Mail or Telephone.
Removal of DNS for the advertised/originating site. Temporary shutdown
of the website/server or a block on outgoing mail. Permanent disconnection
of service.
Repeat violation of the above terms will result in the following actions:
Immediate disconnection of service with no re-activation
A US$1000 fee assessed and charged to your account for violation
Absolutely NO REFUNDS for ANY REASON
Additional US$10 fee charged to your account per E-Mail sent after
notification
If your actions have caused eCommerceDiscovery servers or IP Addresses
to be placed on ANY blackhole lists and other mail filtering software
systems used by ISP’s and Web Hosting companies around the world,
you will be assessed a $1000 charge to your account and $150 per hour
for administrative charges incurred to remove and protect our servers
and/or IP Addresses. If you have further questions about our mass
mailing policy, please send them to mailer@ecommercediscovery.com
. If you want to report abuse by one of our users, please send the
e-mail to abuse@ecommercediscovery.com
.
Mailing Lists: Our mass mailing rules also apply to mailing
lists, list servs, or mailing services you may contract with.
Our policy is the following: An acceptable mailing list will
be focused at a target audience that has voluntarily signed up for
your e-mail information or that has made their e-mail address available
for distribution of information from you. Your own list servs
in which customers have signed up for in the past, is a valid mailing
list. If one of your members asks to be removed, please remove
them as soon as feasibly possible. Internally created mailing lists
are valid as long as your customers agree to receive the e-mail. Purchased
mailing lists are generally a violation of the rules because you have
not received authority from the recipient to send them an e-mail.
The final rule to all mailing lists is simple: if your customers
begin to send spam complaints to eCommerceDiscovery about your e-mail,
you will be bound to the terms of mass mailings listed above.
If you have direct questions in reference to mailing lists, please
send your question to mailer@ecommercediscovery.com
Password Protection: eCommerceDiscovery will turn over the
administrative username and password for your contracted virtual or
dedicated server at the commencement of the contract. This username
and password will be kept in your confidence throughout the contract
term. This current username and password will be provided back to
eCommerceDiscovery personnel at the end of your term. Failure
to provide administrative access to a server after the service term
will result in formatting of all hard drives located on the server.
It is the customers responsibility to keep the administrative username
and passwords during the term of the contract
Copyright Infringement – Software Piracy: During the
term of the hosting contract, eCommerceDiscovery grants Customer a
non-transferable, non-exclusive license to use the Software, in object
code form only, for its internal needs, to be used solely on the Hardware
provided, and solely in conjunction with the Services. Customer
agrees that it will not, directly or indirectly copy the Software,
except as is necessary to install on Hardware and for internal, archival
purposes. In the event Customer makes any copies of the Software,
Customer shall reproduce all proprietary notices on such copies;
reverse engineer, decompile, disassemble, modify or otherwise attempt
to derive source code from the Software; sell, lease, license, transfer,
give possession of, or sublicense the Software or the documentation
to others; write or develop any derivative or other software programs,
based, in whole or in part, upon the Software or any Confidential
Information.
The location of third party software on your virtual or dedicated
server that violates Copyright law is prohibited. eCommerceDiscovery
will work with the appropriate authorities in locating and removing
any and all software that is deemed to be used in violation of a valid
software license. Please do not locate, use, install, execute,
or store software that you do not own a valid software license to,
on eCommerceDiscovery virtual or dedicated servers. Violators
will be terminated
IP Addresses: eCommerceDiscovery MAY assign and allow the use
of IP addresses to the customer for the length of the contract. These
IP addresses are the sole property of eCommerceDiscovery or its network
provider, are non-portable, and will be retained after service has
ceased. eCommerceDiscovery does reserve the right to change
the customer IP address designation at any time. The use of an IP
Address outside of your assignment by eCommerceDiscovery will result
in a $150 per hour administrative fee to restore correct IP addressing.
This is also viewed as a breach of network security and your virtual
or dedicated server will be taken offline until the problem is resolved.
Administrative fees will be billed to your account the following business
day.
Suspension: eCommerceDiscovery specifically reserves
the right to suspend network service to your virtual, dedicated or
co-located server at our discretion. Suspension will only occur for
violation of our AUP, non-payment for services, or by request of legal
authorities with proper legal documents. Suspension will only occur
for the absolute minimal amount of time to resolve the issue at hand.
SERVICE INTERRUPTIONS. eCommerceDiscovery shall not be
liable for failure or delay in performing its obligations hereunder
if such failure or delay is due to circumstances beyond its reasonable
control, including, without limitation, acts of any governmental body,
war, insurrection, 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,
failure of third party software or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of the
Services. Customer understands and agrees that occasional temporary
interruptions of any Internet Services may occur as normal events
in the provision of the Internet Services. eCommerceDiscovery
agrees to exercise reasonable care to prevent such occurrences; however,
under no circumstances will eCommerceDiscovery be held liable for
any financial or other damages due to such interruptions. In
no event shall eCommerceDiscovery be liable to Customer or any other
person for any special, incidental, consequential or punitive damages
of any kind, including, without limitation, refunds of fees, loss
of profits, loss of income or cost of replacement services.
Governing Law and Forum. This Agreement shall be governed
and interpreted according to British Law. For all disputes arising
out of or related to this Agreement or Service Orders, the parties
irrevocably consent to the exclusive jurisdiction of the Courts of
the United Kingdom and Great Britain. Customer’s address for purposes
of service of process shall be the address designated for notices
in this Agreement. In connection with all actions in which eCommerceDiscovery
is awarded amounts due from Customer, eCommerceDiscovery shall be
awarded (either in that action or by way of a separate action) its
costs and expenses of litigation (including reasonable attorneys’
fees), through trial and appeal. eCommerceDiscovery may at its sole
discretion seek leave to conduct any legal process as described herein
in any jurisdiction of any country where a customer or defendant cannot
otherwise be brought to order under the laws of the United Kingdom
and Great Britain.
LIMITATION OF LIABILITY. eCommerceDiscovery’s liability
(including, for purposes of this paragraph only, any of its employees,
agents, or representatives), to Customer (either directly or as a
third party defendant in any action or proceeding) for any claim arising
out of or relating to this Agreement or Service Orders or the provision
of any Services under Service Orders (including, without limitation
maintenance and support) shall be limited to the amount of fees paid
by Customer to eCommerceDiscovery under this Agreement within one
year preceding the date Customer contends its claim arose. In no event
shall eCommerceDiscovery be liable for any loss of data, loss of profits,
cost of cover, or any other special, incidental, consequential, indirect
or punitive damages, however caused and regardless of theory of liability.
This limitation will apply even if eCommerceDiscovery has been advised
of, or is aware of, the possibility of such damages.
DISCLAIMER OF WARRANTIES. eCommerceDiscovery specifically
disclaims all implied warranties, including but not limited to, the
implied warranties of merchantability and fitness for a particular
purpose. Except as otherwise provided in this Agreement, any
written materials by eCommerceDiscovery, or information on eCommerceDiscovery’s
web site, shall be for informational purposes only and, whether delivered
or disseminated before or after the date of this Agreement, shall
not create any express or implied warranties, guaranty of performance,
or contractual obligations.
Any violations of the above policies will result in immediate suspension
of services and/or termination of your virtual, dedicated or co-located
server service. By entering into a hosting contract with eCommerceDiscovery
you agree to be bound by these policies, terms and conditions.
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