Definition of Terms
EZ-ON WEB or the web hosting service - EZ-ON WEB
Clients or customers - those who have subscribed to, and/or paid for, web hosting services from EZ-ON WEB
Client Accounts
The services provided for under this agreement shall begin on the creation date of your account and will remain in effect as long as your account is active.
Payment Terms
Client will be responsible for payment in advance of service provided. All accounts will be billed monthly, quarterly, semi-annually, or annually, based on the actual account creation date. Clients who opt for monthly billing agree to allow EZ-ON WEB to automatically deduct the cost of service from their credit card or pay-pal account.
Both parties agree to accept electronic mail as legally binding documentation for billing and notification purposes.
All invoices are due and payable upon receipt. Failure to pay any amount due within ten (10) days of the due date shall constitute sufficient grounds for termination of service without notice. A deposit in the amount of one full month's service may be required to re-activate an account that has been terminated for non-payment, in addition there will be a $50 reactivation fee for all suspended accounts for the non-payment.
EZ-ON WEB reserves the right to change the rates and otherwise modify this agreement upon thirty-(30) days notice to the client. Use of EZ-ON WEB services after the effective date constitutes acceptance of the new terms and conditions of the service agreement. New rates will not become effective until the next billing cycle for pre-paid accounts.
Ownership Rights
All work performed by, for, or on behalf of the client shall be the property of the client upon payment of any balance owed for said work. This shall include, but is not limited to: database creation, programming, and scripting. Any work performed by the service, but not approved and paid for by the client, shall remain the property of the service.
Terms and Conditions
EZ-ON WEB's Internet Services are provided on an "as is" basis. These services are provided without warranty of any kind, expressed or implied, including programming services, database services, any software or material provided to the client, or any other type of service offered.
The service may only be used for lawful purposes. Transmission or storage of any material in violation of any US state law or regulation is prohibited. This is included, but not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless EZ-ON WEB, from any claims resulting from clients' use of the service.
EZ-ON WEB specifically denies any responsibility for the accuracy or quality of information obtained though its services. Use of any information obtained via EZ-ON WEB is at your own risk. EZ-ON WEB will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of the service itself.
EZ-ON WEB reserves the right to bring the system down at any time without notice for service or system upgrades. Clients will be notified by email at least one (1) week prior to any scheduled major service/upgrades.
EZ-ON WEB will not monitor or regulate the content of information or data passing through or temporarily stored on its system, except under court order or where reasonable suspicion of a legal violation exists.
EZ-ON WEB reserves the right to discontinue all or any part of the provided service at any time for any reason, and sell any domain hosted by EZ-ON WEB to a third party.
Client agrees to abide by the Acceptable Use Policy regarding the storage and transmission of all data on or through the servers and network infrastructure operated by EZ-ON WEB and it's affiliates.
Backups
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Nouveau, EZ-ON WEB will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, EZ-ON WEB will attempt to recover the data from the most recent archive for a $50.00 fee. Clients should make backups of their site and note their IP address. This is the very best way to make sure information is not lost.
IP Addresses
The service maintains control of any and all IP addresses that may be assigned to the client, and reserves the right to change or remove any and all IP numbers and addresses.
Confidential Information
Client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by EZ-ON WEB for access to its systems. Sharing of names/accounts is expressly forbidden. If a client believes their user name or password has been compromised, immediate email or written notification must be provided to EZ-ON WEB. Client will be held responsible for all acts or communications initiated or authorized by its user name.
Compliance with Laws
The Client will ensure that its use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
Validation of Information
The Client is responsible for validating the integrity of the information and data he or she receives or transmits over the Internet.
Discretion and Judgment
The Client is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
Limitation of Liability
EZ-ON WEB will not be responsible for service interruptions beyond its control; including but not limited to acts of nature, service interruptions by its providers, or modifications to the clients system by the client or a third party.
Further, the service shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Nouveau's servers. All damages shall be limited to the immediate termination of service.
EZ-ON WEB, or their designated agent, shall be the sole arbiter of what is and is not a violation of these acceptable use policies. EZ-ON WEB reserves the right to terminate an account at any time and for any reason that causes harm to any other EZ-ON WEB client's web site. The service reserves the right to delete all content and files upon termination. EZ-ON WEB reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. EZ-ON WEB reserves the right to refuse, cancel, or suspend service at our sole discretion.
These terms and conditions represent the entire agreement between the client and EZ-ON WEB. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Pennsylvania, United States of America. Client consents and submits to the jurisdiction of any state or federal court located within Pennsylvania. Client hereby waives any right to change venue. Any claims or causes of action arising out of or related to this agreement must be initiated within one (1) year after the claim or cause of action has arisen or be barred.
Non-enforcement of any part of these Policies does not constitute consent on the part of EZ-ON WEB.
E-mail: info@ez-onweb.com