This agreement documents the terms of service for accounts provided by Energy Group Networks LLC, dba EGIHosting.com to the account holder
By signing up for service with Energy Group Networks LLC dba EGIHosting.com, you, the account holder and any reseller agrees to the below Terms Of Service:
The account holder is responsible for the actions of account users.
All services provided by Energy Group Networks LLC dba EGIHosting.com are to be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secrets or other laws.
The account holder agrees to indemnify and hold harmless Energy Group Networks LLC dba EGIHosting.com from any claims resulting from the account holder’s use of Energy Group Networks LLC dba EGIHosting.com services which damages the account holder or any other party.
Examples of prohibited content or links include (but are not limited to):
Hacking sites, programs or archives
Warez, Warez Linking, Nulled Scripts Sites
Transmission or storage of any data or material that is in violation or regulation of any United States Federal, state or local law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs.
SPAM and Unsolicited Commercial Email
Sale of controlled substances
Currency mining or any other form of mining
Child pornography or other illegal pornography
Hosting of gambling websites
IP Scanning, bruteforce programs and spam scripts
Any software that you install, host or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
By signing up for service and choosing to install any software on your server, you affirm that you will not install any illegal or unlicensed software, that you have the proper licenses for any software installed on any provided service at any time.
Any use which interferes with the server’s ability to function in its primary purpose of publishing web documents is prohibited.
Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass cross posting 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.
Use of EGIHosting.com’s facilities or services to provide software or lists for mass mailing unsolicited email is prohibited.
Use of EGIHosting.com’s facilities or services 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.
All data stored or transmitted must be legal under all applicable United States laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted.
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.
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.
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.
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.
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 email@example.com.
Accounts are invoiced monthly. Payment is due when invoiced, on the due 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.
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.
The account holder may terminate their account at any time. 30 days cancellation is required on all services. Regular streaming and dedicated server plans can be canceled before the renewal date to avoid another month of payment. The request to terminate the account must be in writing. The account holder may send a cancellation request via an email to billing@EGIHosting.com or use the cancellation of service option under the account’s billing control panel, if available.
Use of an EGIHosting.com account indicates acceptance of the terms of this agreement by the account holder.
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.
Fair Usage Policy: Dedicated servers sold under EGIHosting’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 a long period of time on such plans. If Customer sustains maximum port speed for a 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 a higher bandwidth plan which better suits 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.
Terms and Conditions Regarding the Use of Microsoft Products
This document concerns your use of Microsoft software, which may include associated software, media, printed materials, and “online” or electronic documentation (individually and collectively referred to as Software Products) provided by Energy Group Networks LLC, dba EGIHosting.com. EGIHosting.com does not own the Software Products and the use thereof is subject to certain rights and limitations of which EGIHosting.com must inform you. Your right to use the Software Products is subject to your agreement with EGIHosting.com, and to your understanding of, compliance with and consent to the following terms and conditions, which EGIHosting.com does not have the authority to vary, alter or amend.
Device means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device;
Client Software means software that allows a Device to access or utilize the services or functionality provided by the Server Software;
Server Software means software that provides services or functionality on a computer acting a server;
Redistribution Software means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
Ownership of software products
The Software Products are licensed to EGIHosting.com from an affiliate of the Microsoft Corporation (collectively “Microsoft”).
All title and intellectual property rights in and to the Software Products(and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Software Products) are owned by Microsoft or its suppliers.
The Software Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
You may not remove, modify or obscure any copyright trademark or other proprietary rights notices that are contained in or on the Software Products.
Your possession, access, or use of the Software Products does not transfer any ownership of the Software Products or any intellectual property rights to you.
Use of client software
You may use the Client Software installed on your Devices by EGIHosting.com only in accordance with the instructions, and only in connection with the services provided to you by EGIHosting.com.
The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during the installation and/or use of the Client Software.
Use of redistribution software
In connection with the services provided to you by EGIHosting.com, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”).
You may not use, modify, copy, and/or distribute any redistribution software unless you expressly agree to and comply with certain additional terms of your agreement with EGIHosting.com and this document and/or your agreement with EGIHosting.com.
Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by EGIHosting.com.
You may not make any copies of the Software Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by EGIHosting.com; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software).
You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with EGIHosting.com, upon notice from EGIHosting.com or upon transfer of your Device to another person or entity, whichever occurs first.
You may not copy any printed materials accompanying the Software Products.
Limitations on reverse engineering, decompilation and disassembly
You may not reverse engineer, decompile, or disassemble the Software Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Software Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Software Products.
Without prejudice to any other rights, EGIHosting.com may terminate your rights to use theSoftware Products if you fail to comply with these terms and conditions.
In the event of termination or cancellation of your agreement with EGIHosting.com or EGIHosting.com’s agreement with Microsoft under which the Software Products are licensed, you must stop using and/or accessing the Software Products, and destroy all copies of the Software Products and all of their component parts within thirty (30) days of the termination of your agreement with EGIHosting.com.
No warranties, liabilities or remedies by Microsoft
Microsoft disclaims, to the extent permitted by applicable law, all warranties and liability for damages by Microsoft or its suppliers for any damages and remedies whether direct, indirect or consequential, arising from the Software Services.
Any warranties, liability for damages and remedies, if any, are provided solely by EGIHosting.com and not by Microsoft, its affiliates or subsidiaries.
Any product support for the Software Products is provided to you by EGIHosting.com or a third party on EGIHosting’s behalf and is not provided by Microsoft, its affiliates or subsidiaries.
Not fault tolerant
The Software Products are not fault-tolerant and are not guaranteed to be error free or to operate uninterrupted.
The Software Products may contain technology that is not fault-tolerant iis not designed, manufactured, or intended for use in environments or applications in which the failure of the Software Products could lead to death, personal injury, or severe physical, property or environmental damage.
You must not use the Products in any application or situation where the Software Product(s)’ failure could lead to death, personal injury, or severe physical, property or environmental damage.
The Software Products are of U.S. origin for purposes of U.S. export control laws.
You agree to comply with all applicable international and national laws that apply to the Software Products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/
Liability for breach
In addition to any liability you may have to EGIHosting.com, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
You must permit EGIHosting.com to disclose any information requested by Microsoft under the EGIHosting.com’s Agreement.
Microsoft will be an intended third party beneficiary of your agreement with EGIHosting.com, with the right to enforce provisions of your agreement with EGIHosting.com and to verify your compliance.
For more information, see https://www.microsoft.com/licensing/docs