The following TERMS OF
SERVICE detail the conditions for services provided
by eziWebSites.com. This document constitutes a binding
agreement between eziWebSites.com and the user of the
services provided. These terms must be accepted by the
user prior to the provision of the Services ordered
through submission of the registration form. By ordering
the services, you agree to be bound by the terms and
conditions stipulated below without
modification.
Fees and
Payment
Hosting
Fees
We do not charge
Set Up fees.
Hosting fees (paid
annually) shall be forwarded prior to commencement of
services.
Hosting fees are
non-refundable after 30 days.
The hosting fee
entitles you to one year of hosting. There shall be no
additional costs to the customer for a period of one year
after commencement of service. All accounts expire after
one year and accounts will be charged the same fee for an
additional year of hosting. We will email you when your
hosting fee is due - we do not automatically charge your
credit card at any time.
Term and
Termination
1. When you sign up
for the services provided by eziWebSites this agreement
shall become applicable and effective.
2. eziWebSites
reserves the right to terminate this agreement and the
customer's site due to any breach of the provisions
stipulated herein. The decision to terminate an account
shall be left to the sole discretion of eziWebSites and
eziWebSites shall not be compelled to give reasons for
any actions taken in this respect. eziWebSites shall have
no obligation to refund any fees that are clearly stated
to be non-refundable. We reserve the right to delete any
site deemed unacceptable for any reason without prior
notice.
3. The customer may
terminate the services at any time by contacting
eziWebSites.com via email. There shall be no refund of
fees after the 30 day money back guarantee
period.
4. Members will be
responsible for their own web site development, operation
and maintenance.
5. Members will be
solely responsible for all products, contents and
materials appearing online or on their web
site.
6. Members will be
responsible for the accuracy and appropriateness of
content and materials appearing on their web
site.
7. Members will be
responsible for ensuring that the content and materials
appearing on their pages do not violate or infringe upon
the rights of any third parties.
8. Members will be
responsible for ensuring that the content and materials
appearing on their pages are not libelous or otherwise
illegal.
9. Members will be
responsible for the final calculation and application of
shipping and sales tax and for accepting, processing,
filling and shipping any customer orders or any other
e-commerce transactions that they may be engaging
in.
10. Members will be
responsible for the security of any customer credit card
numbers and related customer information that are
obtained or accessed as a result of conducting electronic
commerce via their Site and to keep all such information
confidential and to exercise the same degree of care and
security standard in the industry.
Bandwidth and
Disk Space
You must agree that
Disk Space usage shall not exceed the number of megabytes
per month for the services ordered by you through the
registration. This usage is monitored and measured by
eziWebSites. Any Disk Space usage in excess of the agreed
upon number of megabytes per month may result in
corrective action by eziWebSites, in its sole discretion
including additional charges, disconnection or
discontinuance of any and all services, or termination of
this Agreement. In the event that eziWebSites elects to
take any corrective action, you shall not be entitled to
a refund of any fees paid in advance prior to such
corrective action. Any or all action by us will only be
taken after we notify you by email.
Amendments
eziWebSites
reserves the right to amend the service offerings and
add, delete, suspend or modify the terms and conditions
of the services set forth in this Agreement at any time,
and to determine whether and when, at its sole
discretion, any such changes apply to both existing or
future members.
Content
This service is
provided for both Business and Private users. eziWebSites
is not responsible for the content of any web page hosted
by eziWebSites.com. The opinions and views expressed in
eziWebSites.com hosted pages do not necessarily reflect
those of eziWebSites. The contents of the web pages
hosted on eziWebSites.com are not reviewed in any way
before they appear on the web page. As the author of web
pages hosted by eziWebSites.com, you take full
responsibility for their contents. Do not use the web
space provided by eziWebSites.com to provide material
that is grossly offensive to the web community,
including, but not limited to, blatant expressions of
bigotry, racism, hatred, profanity or for promoting or
providing instructional information about illegal
activities or promoting physical harm or injury against
any group or individual.
eziWebSites.com
services shall only be used for lawful purposes.
Transmission or solicitation of any material that
violates United States federal, state or other laws that
may apply in this jurisdiction or your local area is
prohibited.
eziWebSites.com hosted pages
cannot contain, or provide links to, materials that
eziWebSites, in its sole discretion, may consider illegal
or offensive, including, but not limited to:
Copyrighted material
not belonging to you -- for example, music, images,
software or video -- unless you have the prior consent
of the copyright owner;
Trademarked material not
belonging to you -- for example, wordmarks, design
marks or a combination thereof -- without prior
consent of the trademark owner;
Foul language;
Hate-group propaganda;
Mail fraud;
Pyramid or Ponzi schemes;
Insults to other persons or companies, including but
not limited to: material that is obscene, threatening,
harassing, libelous or in any way a violation of
intellectual property laws.
Members shall not use their
eziWebSites.com hosted web pages to conduct the following
activities:
Sell weapons or promote
the use thereof;
Send bulk/spam e-mail from a eziWebSites.com server,
or sending such e-mail with eziWebSites.com web site
listed as the contact address;
Send mass/spam news postings;
Advertise or distribute software or services that may
contribute to news or e-mail spamming;
Host a banner exchange;
Disclose the trade secrets of any other entity or
individual;
Use patented materials without the prior consent of
the patent owner;
Host WAREZ, CRACKS and/or SERIALZ on eziWebSites.com
systems or accounts; or
Conduct any other activities, that eziWebSites.com
determines, in its sole discretion, to be illegal or
an unreasonable drain on system resources.
It is impermissible to use
eziWebSites servers for the following
purposes:
To launch malicious
attacks on other servers including, but not limited
to, denial of service attacks, mail bombs, hack
attacks, spamming, port scanning or port probing;
To connect directly to external servers using, for
example, Internet Relay Chat (IRC), port scanning or
any other unauthorized connection;
To open sockets of any kind including but not limited
to ICQ, IRC;
To provide CGI for any third party;
To act as a file repository or to serve files for
other sites; or
To conduct any other activity that eziWebSites.com
determines, in its sole discretion, to be an improper
use of the eziWebSites.com servers.
eziWebSites reserves the right
to terminate your eziWebSites.com account or remove any
page it determines, in its sole judgment, is in violation
of any provision of this Agreement.
Disclaimer of
Warranties
Member understands that the
Internet and other various networking communication
mediums are not secure, unless explicitly specified as
such, and may be subject to interception or loss.
eziWebSites.com makes no warranties of any kind, either
express, implied or statutory, concerning the data or
information available through the eziWebSites.com hosting
network or the Internet. eziWebSites.com services are
provided on an "AS IS" basis. eziWebSites.com makes no
representations or warranties of any kind, express or
implied, including without limitation:
-THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT;
-THAT THE HOSTING SERVICES WILL
MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE
WITHOUT ERROR;
-ANY IMPLIED WARRANTY ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE;
AND
-ANY OBLIGATION, LIABILITY,
RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING
FROM THE NEGLIGENCE OF eziWebSites.com
-TO THE FULL EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, eziWebSites.com DISCLAIMS ANY AND
ALL SUCH WARRANTIES.
Limitation of
Liabilities
IN NO EVENT SHALL
eziWebSites.com BE LIABLE FOR DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING
OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE
AGREEMENT, THE HOSTING SERVICES, OR THE INABILITY TO USE
THE HOSTED SITE. eziWebSites.com's liability to the
Member for actual damages for any cause whatsoever,
regardless of the form of the action, will be strictly
limited to a maximum of the Fees paid.
eziWebSites.com, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY
RESULTING FROM THE USE OF THE HOSTING SERVICES, CAUSED IN
WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES
BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING,
REPORTING, MAINTAINING OR DELIVERING THE SERVICES.
eziWebSites.com, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS
AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR
INABILITY TO USE THE SERVICES.
