By subscribing to, or utilizing, Electrified Hosting’s web hosting or any related services, you agree to abide by this Acceptable Use Policy.
Your utilization of Electrified Hosting’s services constitutes your express agreement to abide by this Acceptable Use Policy (the “Rules, as the same may be changed from time-to-time by Electrified Hosting, at its sole and absolute discretion. These Rules are designed to enhance the quality of our Web Hosting services and to protect our customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. These Rules apply to all customers of Electrified Hosting. We hope and expect that common sense and good judgment will guide all of our customers’ use of our Electrified Hosting Services. Even with such Rules in effect, minors should be supervised when using the Internet. Adults and minors should be aware of what is on the Internet and to understand the concept of what is accepted and what should be avoided. The following non-exhaustive list details the kinds of illegal or harmful conduct, which are prohibited. Electrified Hosting reserves the right to restrict or prohibit any and all uses of its services or content on your Web site and to remove such materials, including your Web site, from its servers at any time Electrified Hosting determines in its sole discretion that such content or materials violates this Agreement, is illegal, or is harmful to its servers, systems, network, reputation, good will, other Electrified Hosting customers, or any third party. Only the customer may add content to their paid Electrified Hosting Web site. Electrified Hosting will not force content to appear on the customer’s paid Electrified Hosting Web site without giving 30 days written notice by e-mail or by snail mail. Depending on the severity of the violation and the history of your account, Electrified Hosting may take any reasonable disciplinary action it determines in its sole and absolute discretion, including, but not limited to, one or more of the foregoing or following actions: (a) issuance of a verbal or written warning; (b) suspension of your account; (c) termination of your account; (c) billing for administrative and legal costs and fees and/or reactivation costs. All of the foregoing rights are cumulative, and the exercise of any right at any time shall not preclude the exercise of any other right, or the same right, at any other time for the same violation or any subsequent violation
Names and Reference(s) To The Company (Electrified Hosting, INC): Electrified hosting reserves the right to call ourselves both Electrified Hosting and EC hosting. These names are regesterd trademarkes of Electrified Hosting. Any use or misuse of these names without the express written permission of an officer of the company (Electrified Hosting, INC) will be prosecuted to the fullest extent allowable by law.
Names and Reference(s) To The Customer(s): Any use of the word you or the customer is in reference to the person(s) and or organization executing this agreement of hosting services with Electrified Hosting
Illegal or Improper Activities. You may not use Electrified Hosting’s services or servers in any manner in violation of any state, local or federal law of the United States of America, or any of its states or which in any manner is in violation of any applicable local or national law of any country. Such violations and activities include, but are not limited to, violations of U.S. or other applicable foreign export laws or restrictions including the U.S. Export Administration Act and accompanying regulations, posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse, or other subject matters that are prohibited under applicable federal, state, local or foreign law.
Dangerous Activities. You may not use Electrified Hosting’s services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging or injurious to persons or property or which, directly or indirectly, may be used to create danger, damage or injury to persons or property.
Infringement. You may not use Electrified Hosting’s services or servers in any manner which infringes the intellectual property rights or other proprietary rights of any third party including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. In compliance with the Digital Millennium Copyright Act (“DMCA”), please send DMCA notifications of claimed copyright infringements to: Director or Security, Electrified Hosting , admin@Electrified Hosting.com.
Fraudulent Activities. You may not offer or disseminate fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes), or furnish false data on any signup form, contract or online application or registration, or fraudulently use any information obtained through the use of Electrified Hosting’s servers or services, including without limitation use of credit card numbers.
Offensive Subject Matter. You may NOT use Electrified Hosting’s services or servers for transmitting,and hosting ANY Adult Content. Any references or discriptions of child pornography and/or other illegal material, whether graphical or textual, is STRICTLY prohibited. This, and any other illegal use of services, will be reported to the proper authorities. Such violations will result in immediate termination of your account with Electrified Hosting and will incur a minimum fine of, but not limited to, $500. By agreeing to the terms set forth here, you also agree to pay any and all legal fees incurred by Electrified Hosting, so long as they are a direct result of any mis-use of services on your hosting account.
You, and you alone, are responsible for any and all activity on your hosting account. If you suspect your account information may have been comprimised, it is your responsibility to contact our support department immediatly for assitance in changing your login information
Any remaining fees, including fines that are not paid in full, will be reported to our credit collection department for further action.
Harmful Activities. You may not use Electrified Hosting’s services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Tortuous Activities. You may not use Electrified Hosting’s services or servers for any tortuous conduct, including, but limited to, posting defamatory, libelous, slanderous, scandalous, or private information about a person or company without their consent; intentionally inflicting emotional distress; making unlawful threats; stalking, interfering with any contract or prospective economic relations; engaging in fraud or deception; engaging in sexual or other harassment; or for violating any patents, trademarks, copyrights, or other intellectual property rights.
Abusive Activities. You may not use Electrified Hosting’s services or servers for any abusive activities on the Internet, including, but not limited to, activities such as using a non-existent email return address, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), or allowing spamming by third parties to promote a Web site, trolling (posting outrageous messages to generate numerous responses), mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person=s permission, cross-posting articles to an excessive number o newsgroups, hacking ( unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system or to breach the security thereof), spoofing (any attempt to impersonate any person or otherwise deceive or mislead through alteration of headers); deletion of author attributions, legal notices, or proprietary designations in an effort to deceive or mislead; forging or altering any TCP-IP packet header, email header or any part of a message header, using manual or electronic means to avoid any use limitations on you use of Electrified Hosting’s servers such as timing out; sending or disseminating harassing email or chain letters; or use of flames (hostile attacks or invectives aimed at a group or an individual.
Misuse of System Resources. You may not engage in any uses or activities that misuse Electrified Hosting’s services, servers or system resources, including, but not limited to employing or posting programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for your own account; or resale of access to CGI scripts installed on Electrified Hosting’s servers.
Service Contract: Virtual Hosting Service is subject to the following terms and conditions:
1.The specific fees and surcharges vary depending on the particular plan ordered. Electrified Hosting may change and institute new fees and surcharges at any time upon thirty(30) days prior notice via e-mail or snail mail. Either party may terminate the service without cause or prior notice.
2.The client agrees to comply with the Acceptable Use Policy set forth above and to refrain from any of the unacceptable uses set forth therein. Electrified Hosting reserves an absolute right to determine for itself what is abusive, pornographic, offensive, or inappropriate and will terminate the service in the event it deems any use to violate the said Policy.
3.The client agrees that Electrified Hosting has the right and responsibility to fully cooperate in any legal investigation regarding any aspect of services, including services sold to the client. Any use or attempted use of system to engage in software piracy or other illegal activities will result in an immediate termination of service and a report to the FTP, SPA, or other appropriate authorities.
4.The client agrees to indemnify and hold Electrified Hosting harmless in connection with any controversy or legal action arising from the client’s use of service, including but not limited to controversies over domain name selection and web site content.
5.Electrified Hosting does not warrant that the eCommerce Software Solution (including any documentation) will meet Client’s requirements or that the operation of the Software will be uninterrupted or error free. THE ECOMMERCE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE CLIENT AND SHOULD THE SOFTWARE PROVE DEFECTIVE, CLIENT AND NOT Electrified Hosting ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION UNLESS OTHERWISE AGREED. No oral or written information or advice given by Electrified Hosting, its marketers, distributors, agents or employees shall create a warranty or in any way increase the scope of Client’s rights set forth herein, and Client may not rely on any such information or advice. LIMITATION OF LIABILITY IN NO EVENT SHALL Electrified Hosting BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF OBTAINING SUBSTITUTE GOODS ARISING OUT OF OR RELATING TO THE SOFTWARE, OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF Electrified Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein. liability to Client or any third party arising out of or related to this Agreement however caused and arising under any theory of liability, whether based in contract, tort (including negligence), or otherwise shall not exceed in aggregate the Client Fees paid by Client for the Software. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO Client.
6.Although Electrified Hosting backs up its systems regularly and works hard to prevent technical problems, system failures, and service disruptions, such occurrences are possible, particularly in connection with such things as total power losses, natural calamities, acts of war or terrorism, destructive acts of hackers, or band width charges on the Internet. System backup is therefore not guaranteed and each client therefore agrees to maintain a backup copy of his or her web site and any other important information and to store the same on his or her own computer. The client further agrees that liability for any failure to provide virtual hosting service regardless of cause or duration shall be limited to a refund of the fees paid for the month in which the failures occur. It is specifically agreed that Electrified Hosting shall under no circumstances be liable for any lost profits or other consequential damages.
7.This agreement is not assignable or transferable without express written consent of Electrified Hosting. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Indiana.