The subscriber agrees
to indemnify and hold harmless Earth First from any claims
resulting from the use of the service which damages the
subscriber or any other party.
All pornographic content
and sex-related merchandising is prohibited on all Earth
First. servers. This includes sites that may infer sexual
content or links to adult content elsewhere.Earth First
will be the sole arbiter in determining violations of
this provision.
Also prohibited are sites
that promote any illegal activity or present content that
may be damaging to Earth Firsts web
hosting servers or any other server on the Internet.
Links to such materials are also prohibited. Examples
of unacceptable content or links: Pirated software Hacker
programs or archives Warez sites, Earth First. will be
the sole arbiter as to what constitutes a violation of
this provision.
Commercial
Advertising - Email: Spamming, or the sending
of unsolicited email, from a Earth First hosting
server or using an email address or domain that is maintained
on an Earth First. machine as reference is STRICTLY prohibited.
Earth First. will be the sole arbiter as to what constitutes
a violation of this provision.
Misuse of System Resources:
Any attempt to undermine or cause harm to a server, or
customer, of Earth First. is strictly prohibited. This
includes, but is not limited to: using programs that consume
excessive CPU time; allowing the use of mail services,
mail forwarding capabilities, or autoresponders other
than for the customer's own account; resale of disk space
without an appropriate reseller agreement; use of servers
for backup of files unrelated to the web site of the account;
or resale or remote access to CGI scripts installed on
our servers.
Operation of IRC servers
or IRC bots on our servers will result in an immediate
suspension of service. Cancellation: Cancellation can
be made via email to (See contact
page of address) Although no notice is required, and
there is no cancellation fee, all fees paid for service
up to the notice of cancellation are non-refundable. If
cancellation is made within the first 30 days of service
all hosting fees will be refunded. This does not include
fees for domain registration.
Suspension:
Activity which results in a suspension or deactivation
of an account will result in a forfeiture of fees paid.
Complaints made regarding abuses of an account will be
grounds for suspension. Refusal of Service: We reserve
the right to refuse, cancel, or suspend service at our
sole discretion. All sub-networks, distributive hosting
sites, and dedicated servers of Earth First. must adhere
to the above policies. Please direct any reports of violations
of the above policies to (See contact
page of address) Failure to follow any term or condition
will be grounds for immediate account deactivation.
Non payment of our charges:If
any charges are owing to us and are not fully paid we
may restrict the right to suspend the use of our servers.
You remain liable for the charges. You will have to pay
any reasonable expenses (including solicitor and own client
costs) we incur in collecting any money you owe us or
in exercising any of our other legal rights .
1) 14 days past due- Control panel disabled
2) 28 days past due- E-mail services disabled.
3) 42 days past due - Hosting service completely disabled
Charges for Space and Server Traffic:
Above and Beyond that which are Allocated
in Client's Hosting Plan You agree that there will be
a charge per mega byte of extra data transfer and will
remit payment for extra server traffic pursuant to the
website hosting package that you have selected. Charges
for excess server traffic are also listed in Earth Firsts
pricing plans you agree that it will be charged and will
remit payment for extra bandwidth, server storage space
and extra e-mail accounts pursuant to the web site hosting
package that you have selected. Said charges will be prorated
and appear on the following invoice.
Our commitment to you:
Due to the nature
of the world wide web we cannot guarantee our services
will be fault free but we will have your site on line
99% of the time minimum.
Material
and Products
(a)We will exercise no control whatsoever
over the content of the information passing through the
network or on the Client's web sites.
(b) We make no warranties or guarantees of any kind, whether
expressed or implied for the service provided and also
disclaims any warranty of merchantability or fitness for
particular purpose and will not be responsible for any
damages that may be suffered by the Client, including
loss of data resulting from delays, non- deliveries or
service interruptions or gaps by any cause or errors or
omissions of the Client.
(c) Earth First is not responsible for any loss, erasure,
or corruption of Client's data or files whatsoever.
(d) Use of any information obtained by way of Earth First
is at the Client's own risk, and we specifically deny
any responsibility for the accuracy or quality of information
obtained through our services.
(e) Connection speed represents the speed of connection
to Earth First and does not represent guarantees of available
end to end bandwidth.
Your rights
to Compensation from us: Where a service we
provide to you is affected because we do not meet our
responsibilities to you and you reasonably incur an expense
as a result. Please inform us. Where we consider it appropriate
, we will refund you an amount equal to your standard
monthly fee. For us to consider this claim we must be
informed within 14 days of the service being affected.
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