EOS Hosting
LiveZilla Live Help
Terms Of Service | Print |  E-mail

Acceptable Use Policy & Terms Of Service

Overview:

Agreeing to this Terms of Service will be viewed as a legally binding agreement between you (AKA, Client or Customer) and eoshosting.com (aka. EOS or Eos Hosting)

All Customers that use our services must agree to the following terms of service and Acceptable Use Policy, if you do not wish to agree to any of the following document, please do not attempt to sign up for service as it is mandatory to fully comply with and be bound by all sections herein. And by agreeing to these terms you have confirmed you have read and fully understood them before purchasing any service from Eos Hosting.


During the term of the Customer's service with Eos, the Customer must ensure that the use of any resource offered to Customer or owned by or controlled by Eos Hosting ("Service") conforms to the current Eos Acceptable Use Policy ("AUP"). Eos Hosting may modify, without prior notice, the AUP as Eos Hosting deems appropriate; such modified AUP is effective upon posting on the Eos website.

Legal use/Adult Content
Adult Material is allowed. Any models that you have on your site must be 18+, and all material must abide by the laws within the USA. If any verifiable illegal content or illegal use of the account and or its websites is reported or discovered, the account will be immediately suspended and or terminated.

Shared Hosting Accounts
The customer may only host as many domain names per account in accordance with the active hosting plan that they are currently registered for. Pointing other domains to your account, or pages within your existing website is acceptable. The customer may not exceed the monthly bandwidth limit included with the hosting package. If bandwidth usage is within 10% of the total monthly allotment, you should receive a warning. If bandwidth is exceeded your account will be suspended and you will be requested to upgrade to the next higher account. If bandwidth is exceeded repeatedly without package(s) upgraded or any issues resolved, we reserve the right to suspend or terminate your account.

Account Upgrades
Clients may request an upgrade to their existing plans at any time. However, upgraded plans will not be put into effect until the generated due invoice is paid, and the order has been approved. Prorated invoices for account upgrades are valid but may be subject to a $10 administration fee if the new term is less than one year.

PayPal Subscription Terms
If in the event the client at any time cancels a PayPal subscription the client is responsible for providing alternative forms of payment or by setting up a new PayPal subscription. If in the event the client does not provide the updated billing information and the invoice date for any products or services in the clients name come due, the clients account will be subject to suspension.

90-Day Money back Guarantee & Refund Policy
First time clients are entitled to a 90 day money back guarantee. If you are not satisfied with the service for any reason, or if the product does not suit your needs, upon request we will fully refund your initial invoice total minus the cost for any custom design work or premium support fee's or domain name costs. No refunds will be made for domain registration, dedicated IP addresses, premium services or products or administration fees. Account credit is non refundable. Any orders by existing clients are not eligible for refunds.

Client Responsibilities
The client agrees that all data, assets, products, and services contained within any packages or services offered by Eos Hosting is the clients responsibility. Data backup, data security, and the content of a clients account will not be managed officially by Eos Hosting. Any data backups, or security provisions are purely for administrative purposes to serve the integrity and needs of Eos Hosting and the interests of its clients. Eos Hosting is not responsible for loss of data, damages due to downtime, or reputable damages inflicted as a direct or indirect result of Eos Hosting.

Inappropriate Use
The Service must not be used to publish, post, distribute or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, or fraudulent information and materials, or proprietary, copyrighted, or otherwise intellectually protected information and materials for which Customer does not have authorization or authority to possess or distribute. The Service must not be used to request unlawful services or materials. The Service must not be used for activities Eos deems to impact its customers or its ability to deliver services to its customers. Such activities may include, but are not limited to:

Obscene Speech or Materials
The distribution of child pornography, copyright infringement, piracy, unauthorized security breaching applications, malicious scripts or codes, malicious applications, or any content threatening the security of another individual, business, organization or otherwise any other entity.

Intellectual Property Infringement
Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents.

Spam
Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spamming” (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by Eos Hosting. Eos Hosting reserves the right to determine in its sole discretion what constitutes UCE based on the information available. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site. If any account is discovered to be the source of any spamming front or IP’s become black listed as a result of activity from a clients account, we reserve the right to terminate the client without notice and charge an administrative fee of $20.00 minimum and up to $100.00 for repeated offenses or face instant termination.

Maintaining an Open Email Relay
Allowing email to be sent through Customer's system by a third party (i.e. neither to nor from Customer or Customer's accounts). Open Relays are not allowed.

Fraud
Using a false identity; running an illegal pyramid or ponzi scheme; storage or transmission of any intentionally incorrect data or packet. The deliberate transmission of computer viruses, worms, trojan software or malicious or destructive code.

Denial of Service
Using any technique to intentionally degrade or disable the delivery of any legitimate data.

Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or any network or host scanning, probing, monitoring or other information gathering associated with such activity; using the Service to guess passwords.

Applications
Customer may not run any program or script on a shared server that runs constantly or 'listens' on ports. This includes applications associated with live chat services.

Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other public forum on, or using, the Service.

Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Eos Hosting shall have the right to terminate all service set forth in this Agreement.

Account Suspensions
Upon suspension a client will be given the opportunity to correct any errors in billing, prohibited content on the account, or any inadequacies in the service package before any permanent action is taken. During this period of suspension if it is determined that the client is suspended due to a terms of service violation, an administrative fee of between $20.00 and $100.00 may be charged, based upon the severity of any potential offenses committed.


Backing up your site and data
Eos is in no way responsible for your data, even though we do nightly backups of our servers, in the event something does happen to a server, and it's accounts, data, websites, email, ftp, dns ect. can not be restored, we are not responsible, It is the sole responsibility of the customer to back up there data regularly, We do offer a backup solution for the client that will back the data on to a totally independent server. Still it is the client responsibility to initiate the back up or to have support set up a cron job for this. If you have any questions please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Bulk Email
Customers may not send bulk email of any type other than email to their own subscribers. Safe lists or any other rented or purchased lists are not allowed. The email subscriber must have joined your list from your site. Customer must include the source of the contacts address in each email message.

CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes usage of "heavy" scripts or Flash/shockwave files. By heavy we mean scripts that place consistent high demands on the server. This includes but is not limited to web traffic management scripts, traffic exchange scripts, surf for hits sites as well as large advertising management scripts or proxy server scripts. No single site may consume 10% of CPU usage for a sustained period of time.

Password Protection
Customer is responsible for protecting passwords and for any authorized or unauthorized use. If any malicious damage is caused do to unauthorized access to the clients account, and cost incurred to rectify the damage will be borne by the Customer.

Illegal Use of Service
Eos services shall not be used for illegal activities of any kind. Nothing is not permitted on Eos servers if it is in any way illegal. Failure to comply with this requirement is grounds for immediate suspension or termination of service. Eos may disclose any information requested by Police regarding Illegal activities without consent or notification to the Subscriber.

Copyright or Trademark Infringement

Use of Eos services to disseminate any material, by any means, that infringes on any copyright, trademark, trade secret, patent,or proprietary rights of any other party, shall be including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources and the unauthorized transmittal of copyrighted software.

File repository /Dump Sites
Customers may not use their account disk space as a file repository, or dump site. This includes but is not limited too; warez, serialz, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking) . Examples of this would be using the web space to store images for auction descriptions, flash or any other files used on another site but stored on our server. Customer may not exceed disk space allocated in hosting package. If customer exceeds the storage space specified in the hosting packaged, the account may be terminated.

Free Hosting Services
Eos does not permit clients to provide free giving or selling of POP email accounts or free hosting. This includes near free (1 penny per year for instance) and any other form of paid email services.

Facilitating AUP Violation
Customer activity that facilitates the violation of this AUP by any party constitutes a violation of this AUP by Customer.

AUP Enforcement
Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. Eos Hosting reserves the right in its sole discretion and without prior notice to suspend and/or terminate Customer's access to the Service at any time for violating this AUP. Eos Hosting also reserves the right to suspend, filter or block, and/or terminate Customer's access if Customer's account is being used to exploit or attack the Service or the networks of others. If Customer's account has been compromised and attempts to reach Customer and/or to have Customer repair a breach of security fail, Eos Hosting reserves the right to suspend or terminate Customer's service. If Customer's access is suspended or terminated, Eos Hosting, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Customer's data stored on Service. Eos Hosting will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.

Violation of Rules
Breaking any of these aforementioned rules may result in immediate account suspension without refund, as well as criminal prosecution where deemed necessary. Customers with multiple accounts may have all accounts terminated due to AUP/TOS violations on any single account.

Bandwidth Overage and Fees
There are no bandwidth overages On any Shared or Reseller package, here at Eos Hosting. Once you reach your limit you are required to upgrade your account or face suspension until you upgrade, or until the next 30 day cycle of service begins.

LIMITATION OF LIABILITY
Eos Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers going off-line or being unavailable for any reason whatsoever. Further, Eos Hosting 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 the Eos servers. All damages shall be limited to the immediate termination of service. Eos Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Eos Hosting reserves the right to terminate an account at any time and for any reason that causes harm to any customer's web sites. Eos Hosting reserves the right to delete all content and files upon termination. Eos Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Eos Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion. Eos Hosting reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

AFFILIATE PARTNERSHIP AGREEMENT
The following represents the EOS Hosting Affiliate details and conditions of which all affiliate must read and agree to to qualify for the program. The conditions as written here, once agreed to upon sign up will form a legal Agrement between EOS Hosting and the Affiliate.

1. Enrolment in this Program.
Complete and submit the program application found on eoshosting.com. New Affiliate registrations will be immediately activated however, we do evaluate all accounts for compliance with rules and suitability. We reserve the right to reject any account if it is unsuitable for any reason. Reasons a site may be rejected include the following: Site contains or links to content that is unlawful, obscene, defamatory or objectionable, For Example; sites that may promote hate, violence or illegal pornographic material. Sites that encourage or facilitate in the promotion of copyright infringement, SPAM or Hacking of any kind.

2. Term.
This Agreement begins upon acceptance of the Affiliates application and may be terminated by either party at any time by giving notice by email of termination either with or without cause. If termination is the result of violation of the terms of this Agreement, all commissions earned even those prior to the date of termination are considered forfeit. If terminated for any other reason, EOS will pay commissions on valid sales that occur during the term of the Agreement as per the normal procedures set out in this agreement. EOS reserves the right to hold back final payment to ensure the correct amount can be determined.

3. Utilizing Links on Your Site.
EOS affiliates may use any form of promotion consistent with this Agreement. EOS will provide banners, buttons and Text with links to our site and its product pages. Do not use unsolicited e-mail (SPAM) or it will result in immediate termination fas an EOS affiliate and forfeiture of all unpaid commissions.
As per the conditions of this Agreement, Affiliates are granted a non transferable, non exclusive license to access and obtain EOS promotional material to display on any approved Affiliate sites. Any modifications to EOS links and/or Promotional materials may only be displayed with our express consent.

4. Affiliate Level 1 Partner Commissions. EOS Level 1 Commissions structure:
  Shared Hosting Commission is 40% of the initial sale.
If 10 or more sales are reached during a given month, there will be a 10% Bonus applied to the total sales for that month.
Example 1: If in one month you bring EOS 10 E5 Shared Hosting clients that sign up for 2 years, you will get
   $4.95 x 24 = $118.80. $118.80 + 9.95 = $128.75. $128.75 x 0.40 = $51.50. $51.50 x 10 = $515.00 for the month.
Affiliates may not offer incentives or discounts of any kind to procure a sale without written consent by EOS management prior to the sale. All Rates and conditions are subject to change starting 30-days after notice is given by email. Affiliates must maintain proper contact information with EOS and will be responsible if any notice is not received that may affect their account.

5. Commission Payment.
Commissions owed shall be paid to the designated account holder the Affiliate specifies during signup. EOS processes payments once a month to Affiliates and will calculate the payout according to which referrals have surpassed the 90 Day hold period and that are new unique referred clients signed up using the Affiliates link code. Any non active accounts are not commissional, nor are accounts that were signed up directly from the Affiliate personally or through it's organization. Active accounts must have a domain resolving to an EOS server and have client placed website content.

6. Responsibility for Your Site.
EOS does not in any way accept responsibility for the Affiliates website. Any infringement of laws or the conditions set out in this agreement is and will be the express responsibility of the Affiliate to ensure all content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations, all copyright laws are complied with including trademarks, privacy or other proprietary rights, and ensuring any content posted on your site even by third parties, is not illegal or is a misrepresentation of any kind.
EOS may terminate Affiliate status if any of the conditions of this agreement are violated. Affiliates may not:
    Participate in popup advertisement network activities with EOS content.
    Use Unsolicited mass e-mail, IRC postings or spamming to newsgroups or in anyway violate the anti-spamming policies of EOS Hosting or US law.
    Attempt to defraud or mislead EOS in any way.
    Provide deceptive, inaccurate or incomplete information about your identity to EOS Hosting.
PPC networks may be used to direct traffic to eoshoting.com with the acceptation of the following terms:
    "eoshosting", "eoshosting.com", "www.eoshosting.com", "eos hosting"
However, phrases that include the above terms, for example; "EOS Hosting sites", "eoshosting.com resellers"or "eos hosting review" and similar.
In a PPC campaign, it is not acceptable to display the EOS URL "www.eoshosting.com" or "eoshosting.com" in any way that may misrepresent the site as EOS Hosting.

7. Modification of Agreement.
All terms and conditions in this Agreement are subject to change at any time. EOS may provide a notice of change to this Agreement by e-mail and such notice is considered sufficient notification. All modifications take effect 2 business days after notice as delivered as above. Any modification to this Agreement that are not acceptable by an Affiliate, should be brought to EOS Management immediately, otherwise the only recourse is termination of this Agreement. Continued participation in the EOS Affiliate Program after new changes are in effect, will constitute binding acceptance of said changes.

8. Relationship of Parties.
The Affiliate and EOS Hosting are considered independent entities, and this Agreement does not create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the two parties. No authority is given in this Agreement that allows an Affiliate to act on behalf of EOS Hosting, accept or make any offers or represent EOS Hosting in an way. Affiliates shall not post any statements, either on their site or otherwise, that reasonably contradicts any part in this Agreement.

9. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement. You are not an agent of the EOS and EOS expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.

10. Disclaimers.
We make no express or implied warranties or representations with respect to EOS Hosting services including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, EOS makes no representation the operation of eoshosting.com will be uninterrupted or error-free, and EOS will not be liable for consequences of any interruptions or errors.

11. Indemnification.
You and/or your Organization (the Affiliate) hereby agree to indemnify, defend and hold harmless EOS Hosting and it's officers, directors, staff and associates from and against any and all claims, losses, liabilities, damages or expense (including legal fees and costs) of any kind relating to or based on the development, operation and maintenance of your website, including all materials that appear on your site, including all materials on your website; writing and posting of reviews, any copy or claims and the linking of descriptions to eoshosting.com and ensuring that materials posted on your website do not violate or infringe upon rights of any third party and are not libellous or otherwise illegal.

12. Miscellaneous.
Terminated accounts may later apply to the Program only with our written consent. EOS reserves the right to hold commissions for a period if necessary in situations when sales generated from an affiliate have a high chargeback and/or cancellation ratio. EOS management will have the final say for any and all disputes or claims regarding the validity of Affiliate sales. Each Affiliate is allowed one Affiliate account for all their websites. Affiliate accounts can not be transferred or assigned to another party with out written consent from EOS. This Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. EOS's failure to enforce strict performance of the provisions in this Agreement does not constitute a waiver of EOS rights to later enforce any provision of this Agreement.

Last Updated on Tuesday, 04 May 2010 07:59