Terms Of Service And Usage (please scroll down for AUP)
EQWebHost, like many business providing internet services, has strong reservations about acting as arbitrary censor upon the activities of its customers. That said, in today\'s legally vicarious online world, we have to make policy against content and user activity that places us under unnecessary duress and culpability:
This document is provided as a quick reference and explanatory guide to our policies. We ask that all users strictly follow this policy and abide by all it\'s rules.
Violation of any of the rules set out below can result in immediate termination of your account with/without notice.
References: "You", "customer" implies the person purchasing and paying for the product
"Us", implies EQWebHost.
Your Personal Hosting Account
Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\'s web site. Exceptions to this include ad banners, classified ads, and personal ads.
Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by sending mail to admin @EQWebHost.com. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved.
Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on EQWebHost Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
Excessive CPU, Bandwidh or Disk Space Usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
Reseller accounts permit you to sell features assigned. For example webspace and bandwidth which you have bought as part of the account. Limits exist, for more details on the limits, contact us.
Safelists
EQWebHost fully does not allow safelists to be run on our servers. These types of sites use a great deal of resources and can\'t be supported through our website.
Mailing Lists
EQWebHost has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. All full packages include access to the pre-installed Mailman Mailing List Software. Large mailing lists, (those exceeding 500 subscribers) sent using the EQWebHost Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact EQWebHost requesting permission to send the mailing through the EQWebHost servers prior to sending any messages. Sending a large mailing through mailing list software other than EQWebHost pre-installed software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
Site Content
Adult Content
EQWebHost is not in the business of censorship, but our policy regarding adult sites is based on the content of the site, not by any prudish desire to keep the internet G-rated. Sites that portray violence against any race or gender will not be allowed. Feel free to contact us with your sites URL (admin @EQWebHost.com) if you are unsure whether your site violates this policy. We reserve the right to refuse or cancel service to sites of this nature. Since it is also common that adult sites will be involved in spamming to generate traffic, please review our spamming policy below. It is quite severe and will be enforced without exception or limits.
Illegal Content and Non Acceptable Sites - Sites and files that violate copyright or other federal laws are grounds for instant termination of service. This expressly includes:
Copyrighted Software\'s [\'warez\']
Copyrighted Media [MP3 files of commercial recordings, etc]
Proprietary Computer information [e.g. stolen password files]
Hacking and Cracking Sites are strictly forbidden
Abuse & Illegal Activities
Warez Sites/Hacking Cracking Sites:
Warez Sites are sites that are typically used by "hackers" to trade (upload/download) illegally pirated copies of software programs with one another. EQWebHost Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for "warez" programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples of abusive practices are listed below and EQWebHost Hosting reserves the right of interpretation as to what constitutes abusive practices. In short - if you are unsure that your actions may be perceived as an abuse of service, contact EQWebHost Hosting directly to check with us before proceeding.
Ignorance of the consequences of your actions will not protect you from liability.
In extreme (defined by EQWebHost) cases, EQWebHost may financially penalise the account holder for any abuse. The amount is dependant upon the damage done and time taken to clean up the damage.
Examples of, but not limited to, are:
Email abuse - Unsolicited Commercial Email [\'Spam\'] is implicitly forbidden. UCE costs us time and money, and using our equipment in this way will be treated like it is - illegal theft of service. In many states, sending spam to people without their permission is a felony punishable by law now. Anyone caught sending spam and/or phishing emails will be charged $1.00 USD for each email sent. So if you send 1,000 spam emails, you will then owe Extreme Quality WebHost a total of $1,000.00 USD. All debts aquired by sending spam and/or phishing emails will be payable as soon as possible. If payment is not received, the debt will be turned over to a collection agency.
Trafficking of illegal content - in the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a EQWebHost Hosting server.
IRC sessions - Using EQWebHost Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any EQWebHost Hosting server. Running IRC from our servers makes them targets for attack. Don\'t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), \'bouncers\', \'eggdrops\' and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
Hacking / Denial of Service - Network activity that constitutes an attack on any internet host from a EQWebHost Hosting server is grounds for immediate termination of likely prosecution. In short - don\'t do it, because we wont stand by and watch it happen.
RESELLER RESPONSIBILITY
Resellers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.
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Site Backups
EQWebHost does perform back-ups for it's own use. Back-ups are made every night to an offsite location.
The back-ups are designed for our use only and not for customers. They are intended for disaster recovery reasons only. Customers that require a back-up can request a copy by contacting sales. There is a $15 (if postage charge exceeds $15, you will need to pay for the excess) charge for each back-up we provide you. The back-up will be mailed to you on a CD or DVD.
Although every attempt is made to ensure the reliability and integrity of the backup files, we strongly recommend that you make your own backups as well at least once a week. EQWebHost cannot be held liable for the integrity of the backups.
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User Processes
Excessive resource usage - cgi scripts or other executable code that consumes an undue amount of CPU time [more than 10 minutes per hour of CPU time] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse.
Background processes - background process [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. Generally, we accept background processes, so long as they do not openly break one of our other policies - we do however reserve our right to examine all code before it runs on our hardware.
Compiling - User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access.
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Support Restrictions
Areas we do not support - EQWebHost will make efforts support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information.
The offer of any particular service does not constitute an obligation on EQWebHost part to tutor the necessary skills to utilize that service, only to provide system-specific information.
Domain/DNS problems - in many situations, problems with domain names/DNS issues are NOT directly the responsibility of EQWebHost . DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of EQWebHost, then the task of acquiring a solution will fall back into your hands. EQWebHost will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
EQWebHost covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. EQWebHost does not cover 3rd party script troubleshooting. It is your responsibility to ensure your scripts are compatible with our server environment.
EQWebHost will also provide support for clients of resellers under the above terms.
EQWebHost does not offer support for any software not developed by EQWebHost.
EQWebHost reserves the right to charge for 3rd party software support.
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END-USER SUPPORT
If your package includes end-user support, EQWebHost will only begin the end-user support part of the package once the customer has set up a support desk with email piping facility and the ability
to pipe replies from staff to the correct ticket and log it as a response.
EQWebHost has no guaranteed response time but aims to respond within 24 hours.
EQWebHost will be acting on your behalf. Thus you are responsible for the content and nature of the replies EQWebHost provides.
EQWebHost does not provide support desk installation or help with configuration of a support desk. This is the responsibility of the customer.
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Payment Policies
All accounts are set up on a pre-pay basis. EQWebHost Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (3 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies EQWebHost at admin @EQWebHost.com to request for termination of services. All payment is in U.S. currency.
Refunds
All refund requests must be submitted formally via our contact form at http://eqwebhost.com/cont.php . Please type the subject as "Refund" so it will get handled as quickly as possible.
The form must be complete and 100% accurate. If the submitted form is not accurate and is not fully complete, then your right for a refund will be declined.
You may request a refund upto the maximum of 100% paid for the hosting account.
Domain purchases, dedicated servers, SSL certificates and 3rd party software are not refundable.
You must qualify for a refund before submitting a request. Otherwise the refund request will ve null and void.
The following qualify for a refund:
- Less than 99.9% server uptime
- If you are requesting a refund under our 14 day money back guarantee and thus you have had your account for no longer than 14 days with EQWebHost.
If you are requesting a refund because we did not provide 99.9% uptime, then you must submit the request within 3 days of the incident, otherwise your right for a refund on that
incident will be null and void.
You must allow up to 30 days for a refund to be processed.
EQWebHost reserves the right to refuse a refund if it believes it is not justified.
Cancellation
EQWebHost reserves the right to cancel service at any time. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, spamming, etc...)
Clients must inform EQWebHost before they cancel their subscriptions. Not doing so results in a misallocation of resources. Therefore any clients which cancel their account without prior notice personally emailed to us will have their accounts suspended immediately rather than at the end of the billing period. Clients which however do contact us prior to cancelling any billing will have their accounts live and online up to the end of the billing period.
All of EQWebHost web hosting plans are backed by a 14 day money back guarantee. If you are not completely satisfied with our services or support within the first 7 days of your contract, you will be given a full refund of the contract amount. No refund is available after the 14th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain names etc. Due to security concerns, all account cancellations must be done via admin @EQWebHost.com. Refunds will be issued back to your account within 14 days of receipt of cancellation.
Accounts that are paid yearly are also governed by our 14 day money back guarantee. If an account is cancelled after the 14 day money back guarantee, the remaining funds for the rest of the year will not be refunded.
Cancellation requests are effective immediately. When you send a cancellation notice, your account will be deactivated regardless of how many remaning day(s)/month(s)/year(s) you have paid for.
Unless you cancel by providing us with your order number/subscription number in a ticket along with your domain name, your account will not be cancelled. You must provide us with the requested information so we can safely terminate your account by verifying you as the authentic account holder. Not cancelling in this stated way will result in continued billing until a cancellation is received in the proper format. EQWebHost reserves the right to make exceptions to this at its sole discretion if it believes it has verified the account holder successfully.
Lawful Purpose
EQWebHost reserves the right to refuse service to anyone. Customers may only use EQWebHost server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of EQWebHost Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Nepean, Ontario, and any dispute will be litigated or arbitrated in Nepean, Ontario.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD EQWebHost HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY\'S FEES ASSERTED AGAINST EQWebHost, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT\'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EQWebHost AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH EQWebHost SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM EQWebHost SERVER.
Disclaimer
EQWebHost WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. EQWebHost MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. EQWebHost DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY EQWebHost AND ITS EMPLOYEES. EQWebHost RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
EQWebHost RESERVES THE RIGHT TO CANCEL/SUSPEND/TERMINATE YOUR ACCOUNT AT ITS OWN DISCRETION WITH OR WITHOUT REASON IF IT FEELS THE ACCOUNT WILL CAUSE DAMAGE TO THE ORGANISATION OR ANY OTHER REASON. EQWebHost RESERVES THE RIGHT TO ALTER THE SERVICES PROVIDED AT ANY TIME WITH OR WITHOUT NOTICE.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF EQWebHost MUST ADHERE TO THE MENTIONED HERE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Intellectual Property Rights
Material accessible to you through EQWebHost services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use EQWebHost or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the EQWebHost network. If you use a domain name in connection with EQWebHost or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning.
EQWebHost reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of EQWebHost Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with EQWebHost. If you engage in any of the activities prohibited by this AUP document EQWebHost may suspend or terminate your account.
EQWebHost\'s Acceptable Use Policy (the "Policy") for EQWebHost Services is designed to help protect EQWebHost, EQWebHost\'s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by EQWebHost. EQWebHost reserves the right to modify the Policy at any time, effective upon posting at http://eqwebhost.com/tos.html.
Prohibited Uses of EQWebHost Systems and Services:
1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through EQWebHost\'s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on EQWebHost\'s servers, is prohibited. EQWebHost accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. There will be a charge of $1.00 per spam or phishing email sent. If you send 1,000 spam/phishing emails, you will then owe Extreme Quality WebHost a total of $1,000.00 USD. All debts aquired by sending spam and/or phishing emails will be payable as soon as possible. If payment is not received, the debt will be turned over to a collection agency.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by EQWebHost customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any EQWebHost-hosted domain, or referencing any EQWebHost account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any EQWebHost customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the EQWebHost network or on another provider\'s network.
10. Using EQWebHost\'s Services to interfere with the use of the EQWebHost network by other customers or authorized users.
Customer Responsibility for Customer\'s Users
Each EQWebHost customer is responsible for the activities of its users and, by accepting service from EQWebHost, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an EQWebHost customer will be forwarded to the EQWebHost customer\'s postmaster for action. If violations of the EQWebHost Acceptable Use Policy occur, EQWebHost reserves the right to terminate services with or take action to stop the offending customer from violating EQWebHost\'s AUP as EQWebHost deems appropriate, without notice.
Search Engine Optimization:
While we strive to acheive top 10 results in the search engines, we cannot/will not make any guarantee of actual results. You will see an increase in your Google PR, and you will see better search engine ranking, but results can take up to 12 weeks to appear. Some search engines update more frequently then others, so this will depend on the search engine.
If you have any questions about our TOS or AUP, please contact us at anytime.
