Terms of Service (TOS)
This agreement documents the terms of service for accounts provided by EGIHosting.com to the account holder.
1. The account holder is responsible for the actions of account users.
2. Any use which interferes with the server’s ability to function in its primary purpose of publishing web documents is prohibited.
3. Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass crossposting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site at EGIHosting.com or sent via EGIHosting.com, is prohibited.
4. Use of EGIHosting.com’s facilities to provide software or lists for mass mailing unsolicited email is prohibited.
5. Use of EGIHosting.com’s facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, “smurf”, “winnuke”, “land”, “teardrop”, etc.) or otherwise compromise the security of hosts or networks is prohibited.
6. All data stored or transmitted must be legal under all applicable US laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
7. Should the account holder become the target of a network attack, EGIHosting.com reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder’s account) required to return server or network operation to normal.
8. EGIHosting.com will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.
9. Use of EGIHosting.com services, including the storage of information, is at the account holder’s sole risk. EGIHosting.com does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. EGIHosting.com’s services are provided on an “as is” basis without warranties of any kind, either express or implied. Neither EGIHosting.com nor anyone else involved in creating, producing, or delivering EGIHosting.com services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of EGIHosting.com, the inability to use EGIHosting.com, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.
10. The account holder will indemnify and hold harmless EGIHosting.com against any loss, damage, cost and expense which EGIHosting.com may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder’s use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of EGIHosting.com’s failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
11. If EGIHosting.com is informed of an alleged copyright or trademark infringement involving an account, EGIHosting.com will attempt to notify the account holder of those allegations and secure a response. EGIHosting.com may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which EGIHosting.com believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against EGIHosting.com for any such removal or termination. To inform EGIHosting.com of a possible infringement please send an email to copyright@EGIHosting.com
12. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at EGIHosting.com’s discretion. EGIHosting.com reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.
13. EGIHosting.com may terminate service to the subscriber at any time, without notice, for violation of this agreement. EGIHosting.com will not be liable for any damages or harm to the account holder resulting from such termination.
14. The account holder may terminate their account at any time. 30 days cancellation is required on all services. The request to terminate the account must be in writing. The account holder may send cancellation request via an email message to billing@EGIHosting.com, by postal mail or by fax.
15. Use of a EGIHosting.com account indicates acceptance of the terms of this agreement by the account holder.
16. This agreement shall be governed by and construed in accordance with the law of California. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.
17. Fair Usage Policy: Dedicated servers sold under EGI’s special discounted plans with a dedicated port and dedicated bandwidth are subjected to Fair Usage Policy. Customer bandwidth on such discounted plans is dedicated to Customer so Customer is able to burst up to the allocated bandwidth guaranteed on each plan at any given time. Customer may not at any time sustain max port speed usage for long period of time on such plans. If Customer sustains maximum port speed for long period of time on discounted server plans with the Fair Usage Policy term as described in this section, EGI may rate limit the port used by Customer and Customer will be required to upgrade to higher bandwidth plan which better suites Customer’s bandwidth usage patterns. EGI may decide, at its discretion, to cap, rate limit or cancel any server that violates the Fair Usage Policy as described in this section without any notice.
All EGIHosting.com (EGIHosting.com) colocation, dedicated server, media/stream hosting, or web hosting customers are bound by the following Acceptable Use Policy. This document may be updated from time to time. Please consult this site periodically for the most recent revision of this document.
No EGIHosting.com customer shall:
Do anything illegal or anything that adversely affects EGIHosting.com’s legal interests. The following list is non-exclusive, and should not be considered license to commit other illegal activities not specified below. All illegal activity is prohibited, and EGIHosting.com will cooperate fully with any law enforcement officials and/or agencies investigating and/or prosecuting such activities.
Cracking/Hacking – attempts to access accounts or systems other than the user’s own accounts or systems or an account or system that the user has been explicitly authorized to access is illegal under federal and state law.
Child pornography – as defined by U.S. law. This is strictly prohibited and dealt with quickly and harshly.
Interstate gambling – because Internet traffic generally ignores state and country boundaries, any Internet based gambling site is restricted by Federal Inter-state gambling regulations.
Pyramid schemes or fraud – are illegal under a number of Federal, State and Local laws.
Theft of services – attempts to utilize services that are not contracted for is considered theft and will be dealt with as such.
Harassment – use of EGIHosting.com’s network to harass or threaten (in the legal sense of those terms) any other person is prohibited.
Please consult an attorney if you are unsure of the legal status of your activities.
Do anything that threatens the integrity of EGIHosting.com’s network or the utilization thereof by other persons.
Denial of Service (DOS) attacks – no customer will commit a DOS attack against any EGIHosting.com customer’s host, or any other host on the Internet. Similarly, no EGIHosting.com customer will willfully or negligently allow incitement of others to attack any host on EGIHosting.com’s network, or any other host on the Internet. Any customer who is being DoS/DDOs or is DoS/DDOsing from the EGI network will be subject to a $200 admin fee and possible account termination.
RBL- No customer shall do anything that could get any portion of EGIHosting.com’s IP space put on the RBL (Realtime Black List) as maintained by MAPS ( http://www.mail-abuse.com ) or other similar organizations, or perform activities that would cause portions of the Internet to refuse to route traffic to any portion of EGIHosting.com”s IP space. Any customer who get IP space listed on any SBL listing or Blacklist will be subjected to a $200 listing removal fee and possible account termination.
Perform actions that cause unusual load on EGIHosting.com servers (for example, mail servers, web servers, usenet servers, name servers, etc.), that cause slowness or denial of service to other EGIHosting.com customers.
Do anything that threatens the Internet or any other network.
No customer shall take actions that cause any portion of the Internet, or the Internet as a whole, to become unusable to any other portion of the Internet, or the Internet as a whole.
No customer shall take actions that degrade the usefulness of the Internet, or any portion of the Internet, either through network degradation, flooding of usenet or email or so on.
Spam – No customer shall send unsolicited commercial email, unsolicited mass mailings, spam or flood usenet newsgroups, or anything of that sort. If you have questions about what is allowed and what is not, please refer tohttp://spam.abuse.net, and/or email email@example.com for clarification.
No spam may originate from EGIHosting.com IP space.
No spam may advertise sites or services located on EGIHosting.com IP space (even if the spam originates elsewhere).
No EGIHosting.com customer shall use third party mail servers to relay spam. This is considered a DOS attack on the third party and will be treated as such.
No customer shall participate in pyramid schemes or email chain letters.
Use of EGIHosting.com’s facilities to provide software or lists for mass mailing unsolicited email is prohibited.
Furthermore, all EGIHosting.com customers must:
Maintain the following email addresses and respond promptly to all email sent to these addresses:
Maintain and enforce on their clients an AUP similar in scope and intent to this document.
Maintain a policy requiring proper “From” and/or “Reply-To” headers for email and usenet postings.
Maintain proper security on their mail server, to prevent the mail server from being used as a “spam amplifier” by third parties. Servers must restrict “email relaying.” (Not applicable to customers who do not maintain a mail server.)
EGIHosting.com reserves the right to terminate or interrupt any account in part or in full without refund for violation of these Acceptable Use Policy. In all but the most extreme or serious cases, good faith attempts will be made to resolve an issue without interruption of service. In cases where service has been terminated or interrupted, resolution will be handled on an individual case basis, at EGIHosting.com’s sole discretion.
For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, contact us at firstname.lastname@example.org.
When you place an order, we need to know your name, email address, company name if applicable, mailing address, a home phone, work phone, fax number, your credit card number and expiration date. We need this information to process your order and to contact you, should there be a problem with your order.
» Use of information
We do not disclose any personally identifiable information about you, such as your name, mailing address, email address or telephone number, to any third party except as necessary to register new domains. We use the information that we collect to improve our marketing and promotional efforts; additionally, we use it to analyze site usage, and to improve our product offerings.
We will use your email address and if need be your mailing address or phone number to contact you regarding administrative issues, maintenance issues, and about any change in the function(s) of our products.
We may also store the information that we gather from you in a file along with any email or other written correspondence that we have had with you. This information may be used to enforce our terms of service, or to resolve legal matters.
EGIHosting.com will not disclose any information about any individual user except to comply with applicable law or valid legal process, or to protect the personal safety of our users or the public. EGIHosting.com may disclose any information about their users under special circumstances that include but are not limited to complying with the law, or assisting in rectifying an unjust doing.
» Changing Info
We encourage you to update your personal information to keep it current. You can update your personal information in the admin interface athttp://www.EGIHosting.com/controlpanel/
We strongly recommend that you limit the access to your password as much as possible. If possible do not disclose your password to anyone. Should someone with access to your password wish, all of your account information can be changed. You will be held liable for any activity that may occur as a result of you losing your password. Therefore, if you feel that your password has been compromised, you should immediately contact any member of the EGIHosting.com staff to rectify the situation.