Terms of Services
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud. It
is your responsibility to provide us with an email address which is not
@ the domain(s) you are signing up under. If there is ever an abuse
issue or we need to contact you, the primary email address on file will
be used for this purpose. It is your responsibility to ensure the email
address on file is current or up to date at all times. If you have a
domain name registered with ElectronicStaff, it is your responsibility to
ensure that the contact information for your domain account and your
actual domain name(s) is correct and up-to-date. ElectronicStaff is not
responsible for a lapsed registration due to outdated contact
information being associated with the domain. If you need to verify or
change this information, you should contact our sales team via email.
Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued
identification and possibly a scan of the credit card used for the
purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Ownership
The credit card holder or owner of the PayPal e-mail address which is
utilized for payment on the account is designated as the authorized
owner of the account.
Transfers
Our transfers team will make every effort to help you move your site to
us. However, transfers are provided as a courtesy service, and we can
not make guarantees regarding the availability, possibility, or time
required to complete an account transfer. Each hosting company is
configured differently, and some hosting platforms save data in an
incompatible or proprietary format, which may make it extremely
difficult if not impossible to migrate some or all account data. We will
try our best, but in some cases we may be unable to assist you in a
transfer of data from an old host.
The free transfer services are available for 30 days from your sign
up date. Transfers outside of the 30 day free period will incur a
charge; please contact a member of the transfers department with
specific details to receive a price quote.
Third Party Providers
All transactions with third party providers are solely between the
visitor and the individual provider. ElectronicStaff is not the agent,
representative, trustee or fiduciary of you or the third party provider
in any transaction.
All discounts, promotions and special third party offers may be
subject to additional restrictions and limitations by the third party
provider. All transactions with third party providers are subject to the
terms and conditions under which the provider agrees with you to provide
the goods or services. You should confirm the terms of any purchase
and/or use of goods or services with the specific provider with whom you
are dealing.
We do not make any representations or warranties regarding, and are
not liable for, the quality, availability, or timeliness of goods or
services provided by a third party provider. You undertake all
transactions with these providers at your own risk. We do not warrant
the accuracy or completeness of any information regarding third party
providers.
2.) Content
All services provided by ElectronicStaff may only be used for lawful purposes.
The laws of the State of Georgia, and the United
States of America apply.
The customer agrees to indemnify and hold harmless ElectronicStaff from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of
music, books, photographs, or any other copyrighted work. The offer of
sale of any counterfeit merchandise of a trademark holder will result in
the immediate termination of your account. Any account found to be in
violation of anothers copyright will be expeditiously removed, or access
to the material disabled. Any account found to be in repeated violation
of copyright laws will be suspended and/or terminated from our hosting.
If you believe that your copyright or trademark is being infringed upon,
please email abuse@electronicstaff.com with the information required. If the
request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not
permitted, with the exception of one cPanel backup of the same
account. Please do not take backups of your backups.
Examples of unacceptable material on all servers
include:
- Topsites
- Porn Sites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of
appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- MUDs/RPGs/PBBGs
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal
content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at
aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR,
FIFA, NFL, MLB, NBA, WWE, WWF, etc)
- Tell A Friend Scripts
ElectronicStaff services, including all related equipment, networks and
network devices are provided only for authorized customer use.
ElectronicStaff
systems may be monitored for all lawful purposes, including to ensure
that use is authorized, for management of the system, to facilitate
protection against unauthorized access, and to verify security
procedures, survivability, and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized
purposes. Use of ElectronicStaff system(s) constitutes consent to monitoring
for these purposes.
Any account found connecting to a third party network or system
without authorization from the third party is subject to suspension.
Access to networks or systems outside of your direct control must be
with expressed written consent from the third party. ElectronicStaff may, at
its discretion, request and require documentation to prove access to a
third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that,
in our judgment, is obscene, threatening, illegal, or violates our terms
of service in any manner may be removed from our servers (or otherwise
disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours
may result in the suspension or termination of your services. All abuse
issues must be dealt with via email and will have a
response within 48 hours.
Sites hosted on ElectronicStaff's service(s) are regulated only by U.S.
law. Given this fact, and pursuant to Section 230(c) of the
Communications Decency Act, we do not remove allegedly defamatory
material from domains hosted on our service(s). The only exception to
this rule is if the material has been found to be defamatory by a court,
as evidenced by a court order. Electronicstaff.net is not in a position to
investigate and validate or invalidate the veracity of individual
defamation claims, which is why we rely on the legal system and courts
to determine whether or not material is indeed considered defamatory. In
any case in which a court order indicates material is defamatory,
libelous, or slanderous in nature; we will disable access to the
material. Similarly, in any case in which a US Court has placed an
injunction against specified content or material; we will comply and
remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act
fundamentally states that Internet services providers like
Electronicstaff.net
and many of electronicstaff.com's other webhosting services and brands are
republishers and not the publisher of content. Our service merely
provides a hosting platform and space on which to host content, and any
creation or publication of content on our services is the sole
responsibility of the third-party user which creates or publishes the
content. Therefore, Electronicstaff.net should not be held liable for any
allegedly defamatory, offensive or harassing content published on sites
hosted under Electronicstaff.net's webhosting service(s).
If in doubt regarding the acceptability of your site or service,
please contact us at abuse@electronicstaff.com and we will be happy to assist
you.
Potential harm to minors is strictly forbidden, including but not
limited to child pornography or content perceived to be child
pornography (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without
notice.
Violations will be reported to the appropriate law enforcement
agency.
It is your responsibility to ensure that scripts/programs
installed under your account are secure and permissions of directories
are set properly, regardless of installation method. When at all
possible, set permissions on most directories to 755 or as restrictive
as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such as
user name and password. It is required that you use a secure password.
If a weak password is used, your account may be suspended until you
agree to use a more secure password. Audits may be done to prevent weak
passwords from being used. If an audit is performed, and your password
is found to be weak, we will notify you and allow time for you to
change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists", purchased lists, and selling of
lists will be treated as spam. Any user who sends out spam will have
their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our
servers. This provision includes, but is not limited to SPAM sent via
fax, phone, postal mail, email, instant messaging, or usenet/newsgroups.
No organization or entity listed in the
ROKSO may be
hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
ElectronicStaff reserves the right to require changes or disable as
necessary any web site, account, database, or other component that does
not comply with its established policies, or to make any such
modifications in an emergency at its sole discretion.
ElectronicStaff reserves the right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee or any charges incurred
for blacklist removal. This cost of the clean up fee is entirely at the
discretion of ElectronicStaff.
4.) Payment Information
You agree to supply appropriate payment for the services received from
ElectronicStaff, in advance of the time period during which such services are
provided. You agree that until and unless you notify ElectronicStaff of your
desire to cancel any or all services received, those services will be
billed on a recurring basis.
Cancellations must be done in writing via the
email provided. Once we receive your cancellation and have confirmed all
necessary information with you via e-mail, we will inform you in writing
(typically email) that your account has been canceled. Your cancellation
confirmation will contain a ticket/tracking number in the subject for
your reference, and for verification purposes. You should immediately
receive an automatic "Your request has been received..." email with a
tracking number. An employee will confirm your request (and process your
cancellation) shortly thereafter. We require
that cancellations of service are done through the online form to (a)
confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process
reduces the likelihood of mistakes, fraudulent/malicious requests, and
ensures you are aware that the files, emails, and account may be removed
immediately after a cancellation request is processed.
As a client of ElectronicStaff, it is your responsibility to ensure that
your payment information is up to date, and that all invoices are paid
on time. You agree that until and unless you notify ElectronicStaff of your
desire to cancel any or all services received (by the proper means
listed in the appropriate section of the Terms of Service), those
services will be billed on a recurring basis, unless otherwise stated in
writing by ElectronicStaff. ElectronicStaff reserves the right to bill your credit
card or billing information on file with us. ElectronicStaff provides a 10 day
grace period from the time the invoice is generated and when it must be
paid. Any invoice that is outstanding for 10 days and not paid will
result in a $10 late fee and/or an account suspension until account
balance has been paid in full. The $10 late fee is applied in addition
to whatever else is owed to ElectronicStaff for services rendered. Access to
the account will not be restored until payment has been received.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and cannot
be refunded via Paypal.
ElectronicStaff reserves the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs
once a week, overwrites any of our previous backups made, and only one
week of backups are kept. This service is provided to you as a courtesy.
ElectronicStaff is not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and data
transferred and to maintain all appropriate backup of files and data
stored on ElectronicStaff servers.
6.) Cancellations and Refunds
ElectronicStaff reserves the right to cancel, suspend, or otherwise restrict
access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant
and unavoidable. All refunds are processed in U.S. dollars, and will
reflect the exchange rate in effect on the date of the refund. All
refunds are subject to this fluctuation and ElectronicStaff is not responsible
for any change in exchange rates between time of payment and time of
refund.
The following methods of payments are non-refundable, and refunds
will be posted as credit to the hosting account:
- PayPal
- Bank Wire Transfers
- Western Union Payments
- Checks
- Money orders
There are no refunds on hosting services.
Violations of the Terms of Service will waive the refund
policy.
7.) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy)
on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
5) Run any bit torrent application, tracker, or client. You may link to
legal torrents off-site, but may not host or store them on our shared
servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be
indexed appropriately.
10) When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code
(like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting
communications is noticeably more CPU-intensive than unencrypted
communications.
7a.) INODES
The use of more than 250,000 inodes on any shared account may
potentially result in a warning first, and if no action is taken future
suspension. Accounts found to be exceeding the 100,000 inode limit will
automatically be removed from our backup system to avoid over-usage,
however databases will still be backed up. Every file (a webpage, image
file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension. The primary cause of excessive inodes seems to be due to
users leaving their catchall address enabled, but never checking their
primary account mailbox. Over time, tens of thousands of messages (or
more) build up, eventually pushing the account past our inode limit. To
disable your default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in: :fail: No
such user here.
7b.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed
from our off site weekly backup with the exception of Databases
continuing to be backed up. All data will continue to be mirrored to a
secondary drive which helps protect against data loss in the event of a
drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account until
you upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages. Unused transfer in one
month cannot be carried over to the next month.
9.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the credit is at the discretion of ElectronicStaff
dependent upon justification provided. Third party monitoring service
reports may not be used for justification due to a variety of factors
including the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from the
operating system and the Apache Web Server which may differ from the
uptime reported by other individual services. To request a credit,
please contact sales@electronicstaff.com with justification. All requests must
be made in writing via email. Uptime guarantees only apply to shared /
reseller solutions. Dedicated servers are covered by a network guarantee
in which the credit is prorated for the amount of time the server is
down which is not related to our uptime guarantee.
10.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on
electronicstaff.com,
and the right to increase the amount of resources given to plans at any
time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
ElectronicStaff
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against
ElectronicStaff,
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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless ElectronicStaff against
liabilities arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection with
ElectronicStaff; (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 customers from
ElectronicStaff's server.
12.) Arbitration By using any ElectronicStaff services,
you agree to submit to binding arbitration. If any disputes or claims
arise against ElectronicStaff or its subsidiaries, such disputes will be
handled by an arbitrator of ElectronicStaff's choice. An arbitrator from the
American Arbitration Association or the National Arbitration Forum will
be selected in the state of Texas. Arbitrators shall be attorneys or
retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final. The
arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all
arbitration under this Arbitration Clause. You are also responsible for
any and all costs related to such arbitration.
13.) Disclaimer
ElectronicStaff shall not be responsible for any damages your business may
suffer. ElectronicStaff makes no warranties of any kind, expressed or implied
for services we provide. ElectronicStaff disclaims any warranty or
merchantability or fitness for a particular purpose. This includes loss
of data resulting from delays, no deliveries, wrong delivery, and any
and all service interruptions caused by ElectronicStaff and its employees.
14.) Disclosure to law enforcement
ElectronicStaff may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies. We will cooperate fully with law
enforcement agencies.
15.) Changes to the TOS
ElectronicStaff reserves the right to revise its policies at any time without
notice.
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