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 Terms & Conditions
TheEZsite.com provides web design and hosting services to businesses and individual We have the responsibility to protect each client's personal information and provide them with the best services available. The following guidelines were designed to insure these services.
The service
theEZsite.com provides the Customer with a complete website, website hosting and tools to manage customer's website.
With each website account the Customer receives, in particular a customized website, website hosting, site management tools, personalized e-mail , 350MB (or more) of disk space.
THEEZSITE RESERVES THE RIGHT TO REFUSE WEB DESIGN AND/OR HOSTING SERVICES TO ANYONE FOR NO PARTICULAR REASON.
Copyrights and conditions
All content included on the theEZsite.com web site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of theEZsite.com or its content suppliers and protected by U.S. and international copyright laws. No part of the theEZsite.com web page may be reproduced or transmitted in any form or by any means without written permission from theEZsite.com.
Customer owns his/her website. Unless otherwise agreed, customer is the owner of the web site that theEZsite.com designed and setup and is responsible for all content on his/her web pages, including all text, files and pictures that they/or theEZsite.com place on them. Customer does not own rights to the technology, server side code, database and Content Management System enabling online website administration and other features that work exclusively in conjunction with hosting on theEZsite.com's servers.
Unlimited pages (relates only to our Unlimited Pages Package) -- each website can be expanded with new pages utilizing theEZsite.com website administration system (CMS). There is no limit to new pages so the website can grow with your business as long as the website's size stays within the disk space allocated. Unlimited pages feature is available for websites hosted by theEZsite.com.
Website hosting -- Customer understands that his/hers website developed by theEZsite.com including any custom, advanced features and the Content Management System enabling online administration is optimized to work best in conjunction with the website hosting provided by theEZsite.com. theEZsite.com charges hosting on annual basis. Current hosting rate is $239.40/year ($19.95/month).
Customers are free to move their websites, graphics and the HTML code (as displayed in the browser's source code, but not the server side code nor database) to another web host. In the event of discontinuation of hosting with theEZsite.com, theEZsite.com releases all responsibility and warranties made to customers' websites and such websites are no longer editable using theEZsite.com's website management technology. Other features developed by theEZsite.com utilizing server side scripting and databases may not or will not function with another web host.
Website maintenance -- theEZsite.com will provide customer with tools (CMS) to maintain and manage their own websites for free. In the event of customer not being able to use our tools or choosing not to do their own maintenance, theEZsite.com will provide maintenance services to customer at the rate of $39.95/hour, charged in 1/2 hour increments ($19.95 minimum maintenance fee applies). Additionally theEZsite.com can provide development services to further enhance customer's website with custom, advanced features if needed. In most cases there is per project fee structure agreed upon prior to starting any work.
theEZsite.com example page -- theEZsite.com reserves the right to show it's customers' websites, on its "Client Examples" page and in any other publications as means for showcasing and publicizing theEZsite's services. We may also refuse customer's request to place their sites on our Example page.
theEZsite.com link -- theEZsite.com reserves the right to place a "designed by theEZsite.com" textual link pointing to it's home page on customer's website in an inconspicuous location on the bottom of their pages. This measure helps theEZsite.com to publicize it's services and in effect keeps our design and hosting prices low. The link can be removed by customer's request for a one time fee of $99.
The Customer
The service is provided to registered users and our clients, hereinafter referred to as "the Customer".
On registration to the service, the Customer agrees to:
- Fill out the registration form with complete, current and accurate information about the Customer
- Maintain and promptly update this data and information
- The Customer is solely responsible for the content presented on their website and agrees to act complying with the provisions of the Terms of Service and the Anti-Spam Policy.
- The Customer expressly agrees that the use of the service is at his or her solid risk.
Payments
The payment includes fee for the website setup, website hosting fee and taxes (where applicable).
The Customer agrees to charge his or her credit card with the recurring payments for the website hosting after expiration date of the hosting period ("recurring date").
In the event of not receiving a payment, theEZsite.com reserves at a sole discretion, the right to terminate the service.
theEZsite.com reserves on a sole discretion a right to change the fees for website set up and/or hosting.
Activities Subject to Immediate Deactivation:
Any Website/Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, obscenity, nudity, violations of privacy, hacking, irc related scripts and programs, non approved server scripts, eggdrops, computer virus, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. TheEZsite.com reserves the right to Cancel/Deactivate any account at any time for any reason.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Adult Sites
- Illegal MP3s
TheEZsite.com will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Commercial E-Mail (spam):
You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.
Liability:
TheEZsite.com is in no way responsible for down time either resulting from a users actions, or natural fluctuations in internet consistency. TheEZsite.com will however, do everything within it's power to assure that each and every client site is up as consistently as possible. TheEZsite.com is in no way responsible for the data on your site. We keep backups of every site we host but we do not guarantee the usability of our backups. You should always keep a backup of all data.
Public Nature of Internet:
Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use
Billing - Payment:
Unless otherwise specified, all fees and related charges shall be due and payable within seven (7) days after the date of the invoice. If any invoice is not paid within seven days the account will be suspended.
There is a $50 fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.
If TheEZsite.com collects any payment due at law or through an attorney at law or under advice there from or through a collection agency, or if TheEZsite.com prevails in any action to which the Customer and TheEZsite.com are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and TheEZsite.com's reasonable attorneys' fees.
If any check is returned for insufficient funds TheEZsite.com may impose a processing charge of $25.00.
In the event that any amount due TheEZsite.com remains unpaid thirty (30) days after such payment is due the unpaid services will be terminated.
Customer acknowledges and agrees that TheEZsite.com may pre- charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
YOU ACKNOWLEDGE, AGREE AND AUTHORIZE TheEZsite.com TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BEFORE PAYMENT IS DUE.
Refunds:
In the event of cancellation of the hosting account customer will be refunded the remaining balance of the prepaid hosting fee. After cancellation notice is received refunds will be processed within 10 days. The website set up fee is not refundable. Refunds are not given on domain name registrations for any reason.
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