POLICIES
Acceptable Use Policy (AUP)
REVISED January 11, 2010
East End Hosting
provides Internet World Wide Web page
hosting, Marketing, and Development.
East End Hosting has certain legal and
ethical responsibilities consisting with
the use of its server and equipment
involved in these services.
East End Hosting general
policy is to act as a provider of
Internet presence. East End Hosting
reserves the right to suspend or cancel
a customer's access to any or all
services provided by East End Hosting
when we decide that the account has been
inappropriately used.
Server
Content
Examples
of non-acceptable content or links:
- Pirated software
- Gaming Sites - Proxy Server
- Bulk Email related products
- Pornography/Nudity/Adult Content
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Illegal material or material that is
against public policy
- Sites containing or linking to
material that may be considered
detrimental to the public health,
safety, or
welfare. (Such as, but not limited to:
Anarchists Cookbook, bomb making, weapon
information, or anything else
that may be considered detrimental or
illegal.)
Illegality:
In any form, including but not limited
to the unauthorized distribution or
copying of copyrighted software or other
data, harassment, fraud, or trafficking
in obscene material.
Undesirable
Content: Certain types of content are
not permitted on our network. We do not
host pornographic content of any
description. We reserve the right to
determine what constitutes pornographic
content and what does not (see adult
sites below). Content relating to
Hacking, Cracking, Warez and IRC is not
allowed. Software downloads may only be
hosted if you are the writer and
copyright owner of the software, all
other software including freeware,
shareware and trial software is
forbidden. The sale of resellable eBooks
is ok.
Server Abuse
Any attempt to undermine or cause
harm to a server, or customer, of East
End Hosting is strictly prohibited.
Unauthorized use of
other people's accounts or computers
East End Hosting will strongly react to
any use or attempted use of an Internet
account or computer without the owner's
authorization. Such attempts include
"Internet scamming" (tricking
other people into releasing their
passwords), password robbery, security
hole scanning etc.
Any unauthorized use of
accounts or computers by a East End
Hosting customer, whether or not the
attacked account or computer belongs to
East End Hosting, will result in action
against the attacker. Possible actions
include warnings, account suspension or
cancellation, and civil or criminal
legal action, depending on the
seriousness of the attack.
IMPORTANT NOTE - East
End Hosting LLC has the right to
discontinue service, or deny access to
anyone who violates our Policies or the
terms and conditions shown below WITHOUT
WARNING OR PRIOR NOTICE. No refunds of
fees paid will be made if account
termination is due to violation of the
terms outlined below.
Customers may not run
IRC, bots or clients on shared servers.
Unacceptable uses also include, but are
NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup
spamming, pornographic content, illegal
content, copyright infringement,
trademark infringement, warez, cracks,
software serial numbers, and/or anything
else determined by East End Hosting to
be unacceptable use of East End
Hosting's services including abuse of
server resources.
Shared hosting accounts
may be terminated that include the
following content or which have links to
the following content: Providing
material that is grossly offensive to
the Web community including blatant
expressions of bigotry, racism, hatred,
or profanity Promoting or providing
instructional information about illegal
activities, or promoting physical harm
or injury against any group or
individual Displaying material
containing obscene nudity or
pornographic material (not applicable to
managed dedicated servers) Displaying
material that exploits children under 18
years of age Acts of copyright
infringement including offering pirated
computer programs or links to such
programs, information used to circumvent
manufacturer-installed copy-protect
devices, including serial or
registration numbers for software
programs, or any type of cracker
utilities.
Support
and Billing Abuse
Any Ticket Abuse will
not be Accepted, Excess Tickets, Verbal
Abuse to Our Staff. East End Hosting LLC
has the right to discontinue service,
And Or Cancel Service to Anyone,
who violates this Policies.
No refunds of fees paid will be made if
account termination is due to violation
of the terms outlined below
Abuse of
Unlimited Traffic
East End Hosting's customers
are privileged to be offered unlimited
traffic for their web sites. The
intention of East End Hosting is to
provide a large space to serve web
documents, not an off site storage area
for electronic files. All (90%) of your
web pages (html) must be 'linked' with
files (.GIF, .JPEG, etc.) stored on East
End Hosting's server. Web sites that are
found to contain either/or no html
documents, a large number of unlinked
files are subject to warning, suspension
or cancellation at the discretion of
East End Hosting management. Any
customer who violates East End Hosting's
Policies in abusing either space/site
transfer will be notified and given 2
days to remedy the problem. If the
problem is not resolved within the
allotted period, the client will be
billed for the overages.
For those that do not
qualify for the unlimited service,
traffic will go unmonitored until you
reach the amount of quote allocated to
your specific web hosting plan.
Thereafter, normal data transfer cost of
$10.00/1GB/month will be billed to your
account. If you want to pre-pay for
bandwidth overages, you will be billed
$5.00/1GB/month.
You will have 3 days to
pay for your overages. If you do not pay
for your overages your site will be
disabled within 3 days of your first
notice. This does not apply to
co-location clients. Co-location clients
will be billed for the overages based on
switch reports. Co-location clients must
pay for the overages IMMEDIATELY once
billing or East End Hosting has the sole
decision to deactivate any and all
servers.
Free Hosting
There Is No Such Thing,
Nothing In Life is Free Any Reseller
From Ebay Is Prohibited From Offering
This On Ebay
East End Hosting will be
the sole arbiter as to what constitutes
a violation of this provision.
Unsolicited
Email (Spam)
Unsolicited commercial
advertisements (spam) are not allowed in
e-mail, and will likely result in
account cancellation.
East End Hosting takes a
zero-tolerance approach to spam
originating from our servers or for spam
advertising of domains hosted on our
servers. We will charge the compromised
account up to $25 per unsolicited email
message sent.
The following activities
are not allowed: Unsolicited bulk or
commercial messages ("spam").
This includes, but is not limited to,
bulk mailing of commercial advertising,
informational announcements, charity
requests, petitions for signatures, and
political or religious tracts. Such
messages may only be sent to those who
have explicitly requested it from your
domain. Forging, altering or removing
electronic mail headers is prohibited.
Any domain sending stealth spam will be
terminated without warning and without
refund. Sending numerous copies of the
same or substantially similar message
with the intent to disrupt a server or
account ("mail bombing").
Spamming Newsgroups: Commercial
advertisements are unwelcome in most
Usenet discussion groups and on most
e-mail mailing lists. Inappropriate
posting may result in account
cancellation. See the newsgroup or
mailing list's charter for whether
advertising is allowed or not.
"Spamming," or sending a
message to many different off-topic
newsgroups, is particularly unethical
and will be treated as such. Mail may
not be used to harass or intimidate
others. Harassment, whether through
language, frequency of messages, or size
of messages, is prohibited. Sending a
single unwelcome message may be
considered harassment. If a recipient
asks to stop receiving e-mail, you must
not send that person any further
messages.
Note: If you use the
services of another provider to promote
a web site hosted by or through East End
Hosting (spamvertising), then the
provisions of the above Policy shall
apply as if the spam were sent through
our servers.
99.9%
Uptime Guarantee
(1.) Coverage This 99.9%
uptime guarantee applies to any East End
Hosting client in good financial
standing with East End Hosting at the
time of a service outage.
(2.) Service Level
Agreement & Specifications East End
Hosting endeavors to have the content of
your web site available for http access
by any party in the world 99.9% of the
time. Network downtime (unavailability)
is defined as 99.9% packet loss from
East End Hosting to its backbone
providers. Downtime is measured past 30
minutes after notification of network
failure via East End Hosting's online
ticketing system. If the ticketing
system itself is unreachable, the ticket
must be started by calling the East End
Hosting NOC. East End Hosting's
administrators will determine the end of
the downtime by a traceroute to the
customer's machine from outside the East
End Hosting network. Failing to Log Into
your Account will result In Brute Force
Blocking Your Ip . This Is Not Server
Down time , Refer to Status Page
(3.) Credits
a. Shared Hosting - In
the event that your web site is not
available for less than 100%, East End
Hosting will credit the following
month's service fee as follows. For any
shared hosting client, such credit shall
be retroactive and shall be as
calculated below and as measured 24
hours a day in a calendar month, with
the maximum credit not to exceed fifty
(50) percent of the monthly service
charge for the affected month. Monthly
Uptime Credit:
b. Managed Dedicated
Servers - For managed dedicated server
customers if the uptime is between 98.9%
and 99.9% for any particular month the
credit shall be retroactive and
equivalent to the difference between the
guaranteed level of availability of the
customer's services during the month and
the calculated actual level of
availability of the customer's services,
multiplied by the actual charges
incurred by the customer for the
services during that month period. In
addition, for managed dedicated server,
customers may be entitled to additional
credits as calculated below and as
measured 24-hours a day in a calendar
month, with the maximum credit not to
exceed twenty-five percent (25%) of the
monthly service charge for the affected
month. Minutes of continuous downtime
Credit 60 10% 5+ 60 minute intervals 25%
In order for you to
receive a credit on your account, you
must request such credit within seven
(7) days after you experienced the down
time. You must request credit by sending
an electronic mail message to admin@eastendhosting.com.
For security, the body of this message
must contain your account number, the
dates and times of the unavailability of
your website, and such other customer
identification requested by East End
Hosting. Credits will usually be applied
within sixty (60) days of your credit
request. Credit to your account shall be
your sole and exclusive remedy in the
event of an outage.
(4.) Restrictions Credits shall not
be provided to you in the event that you
have any outage resulting from (1.)
scheduled maintenance as posted from
time to time at East End Hosting, (2.)
your behavior or the performance or
failure of your equipment, facilities or
applications, or (3.) circumstances
beyond East End Hosting's reasonable
control, including, without limitation,
acts of any governmental body, war,
insurrection, sabotage, embargo, fire,
flood, strike or other labor
disturbance, interruption of or delay in
transportation, unavailability of
interruption or delay in
telecommunications or third party
services, including DNS propagation,
domain name registration / transfer,
failure of third party software or
hardware or inability to obtain raw
materials, supplies, or power used in or
equipment needed for provision of your
web site, or (4.) a client breaking any
item in East End Hosting's "terms
of conditions and acceptable use
policy" causing a machine to fail
as a result.
CGI
Scripts
Each shared web hosting
account comes with its own cgi-bin. You
are free to use any CGI scripts you
wish, however we reserve the right to
disable any CGI script that effects
normal shared server operation without
prior warning. (this section does not
apply to managed dedicated servers)
Chat
Rooms
We do not allow clients to
install their own chat rooms within a
shared hosting account, without
approving it with the East End Hosting
Support Team. Most chat rooms tend to be
large system hogs and we cannot allow it
as an account option. However, we do
provide a choice of Java chat rooms for
a small extra charge that will more than
fill your needs and run without
hindering the performance of the machine
for others. Note: Parachat chat rooms do
not apply to this rule. They are
perfectly fine to install.
Abuse of
SMTP Mail Server
We do not allow clients to
send more than 2000 pieces of e-mail per
day from a shared hosting account. If
you do send more than 2000 pieces of
e-mail per day, your account will be
placed on hold for Network Abuse. If you
are sending legitimate e-mails and they
total more than 2000 per day your
account will be moved to a special
server that is specifically designed to
handle high volumes of e-mail. You will
be charged $50.00/month in addition to
your regular hosting charges if your
account is moved to this server. Please
contact admin@eastendhosting.com to have
your domain moved.
Background
Running Programs
We may allow programs to run
continually in the background. These are
considered on a one-to-one basis and an
extra charge will be incurred based on
system resources used and operational
maintenance needed. (this section does
not apply to managed dedicated servers)
IRC
We
currently do not allow IRC or IRC bots
to be operated on our servers. You can
however, install IRC clients on managed
dedicated servers. IRC servers are not
permitted on our network.
Payment-Policies
All accounts are set up on a pre-pay
basis. Setup fees are charged for all
new accounts and major account changes
and are non-refundable. All pricing is
guaranteed for the term of pre-payment.
East End Hosting reserves the right to
change prices at any time, unless other
terms have been agreed upon. Any account
not brought current within a week (5
days) of e-mail notice or exceeding this
time frame in any way is subject to
suspension. The customer is responsible
for all money owed on the account from
the time it was established to the time
that the customer notifies East End
Hosting at admin@eastendhosting.com to
request for termination of services. All
payment is in U.S. currency. East End
Hosting will bill each client $50 per
returned check, per wire transfer
received and per credit card chargeback
received. All East End Hosting accounts
are setup on anniversary billing cycles.
Your particular billing cycle
corresponds to the contract length that
was initially chosen at setup. Your
account will automatically re! new at
this length. There is no fee to change
to a shorter billing cycle at the end of
the current cycle. However, if you wish
to change to a shorter billing cycle,
during a current cycle, there will be a
$50.00 fee. Please contact the billing
department at Janet_Billing@eastendhosting.com
should you wish to change your
anniversary billing cycle. Late Fee Of
$2.99 Will be Imposed to any
account that is Past Due
Cancellation
East End Hosting reserves the right
to cancel service at any time. All fees
paid in advance of cancellation will be
pro-rated and paid by East End Hosting
if East End Hosting institutes it's
right of cancellation. Any violation of
policies which results in extra costs
will be billed to the customer (i.e.
transfer, space etc.)
All of East End
Hosting's web hosting plans are backed
by a 30 day guarantee. If you are
not completely satisfied with our
services or support within the first 30
days of your contract, you will be given
a pro-rated REFUND of the contract
amount excluding setup fees, domain
registration fees, addon/upgrade fees
and overages. Setup fees are refundable
only if the account order is canceled
prior to account activation. For all web
hosting clients who cancel, the full
contract amount less any setup fees and
overages will be refunded if East End
Hosting is notified within the first 30
days following activation. No refund is
available after the 30th day. This
policy does not apply to any additional
services such as overages, referrer
logs, real audio/video, additional disk
space, additional pop accounts, domain
registration fees etc. Due to security
concerns, all account cancellations must
be done via our cancellation forms..
Phone or email requests will not
constitute acceptance of any
cancellation. Refunds will be made by
company check or issued back to your
credit card within 30 days of receipt of
cancellation.
Subscriptions
f you are on a monthly hosting
package you can cancel your service
anytime, we do not have any contracts.
If you purchased an annual package you
may request a refund within 15 days of
purchase if you account was not
suspended due to breaking any of our
policies. You can view our . Canceling
your Pay Pal or 2CheckOut subscription
may result in immediate cancellation of
your hosting account regardless of any
remaining time left that you have
pre-paid for. Be sure that you have
copies of your web files before you
cancel your hosting.
Intellectual
Property Rights
Material accessible to you
through East End Hosting's services may
be subject to protection under the
United States or other copyright laws,
or laws protecting trademarks, trade
secrets or proprietary information.
Except when expressly permitted by the
owner of such rights, you must not use
East End Hosting or its servers and
network in a manner that would infringe,
violate, dilute or misappropriate any
such rights, with respect to any
material, which you access or receive
through the East End Hosting network. If
you use a domain name in connection with
East End Hosting or similar service, you
must not use that domain name in
violation of any trademark, service
mark, or similar rights of any third
party.
Network
Security
Customers may not use the
East End Hosting network with an attempt
to circumvent user authentication or
security of any host, network, or
account. This includes, but is not
limited to, accessing data not intended
for the customer, logging into a server
or account the customer is not expressly
authorized to access, password cracking,
probing the security of other networks
in search of weakness, or violation of
any other organization's security
policy. Customers may not attempt to
interfere or deny service to any user,
host, or network. This includes, but is
not limited to, flooding, mail bombing,
or other deliberate attempts to overload
or crash a host or network. East End
Hosting will cooperate fully with
investigations of violations of systems
or network security at other sites,
including cooperating with law
enforcement authorities in the
investigation of suspected criminal
violations. Users who violate system or
network security may incur criminal or
civil liability.
Electronic
Commerce
You will be solely
responsible for the development,
operation and maintenance of your online
store and products and all contents and
materials appearing online or on your
products, including without limitation
(a) the accuracy and appropriateness of
content and materials appearing within
the store or related to your products,
(b) ensuring that the content and
materials appearing within the store or
related to your products do not violate
or infringe upon the rights of any third
party, and (c) ensuring that the content
and materials appearing within the store
or related to your products are not
libelous or otherwise illegal. You will
be solely responsible for the final
calculation and application of shipping
and sales tax. You will also be solely
responsible for accepting, processing,
and filling any customer orders, and for
handling any customer inquiries or
complaints arising there from.
You are also responsible
for the security of any customer credit
card numbers and related customer
information you may access as a result
of conducting electronic commerce
transactions through your Web Site. You
will keep all such information
confidential and will use the same
degree of care and security as you use
with your confidential information.
Static
/ Dynamic Content Caching
You expressly (i) grant to East End
Hosting a license to cache the entirety
of your Web Site, including content
supplied by third parties, hosted by
East End Hosting under this Agreement
and (ii) agree that such caching is not
an infringement of any of your
intellectual property rights or any
third party's intellectual property
rights.
IP Address
Ownership
East End Hosting shall maintain and
control ownership of all IP numbers and
addresses that may be assigned to you by
East End Hosting and East End Hosting
reserves, in its sole discretion, the
right to change or remove any and all
such IP numbers and addresses.
Domain Name
Registration
Customer agrees to pay East End Hosting
prior to the effectiveness of the
desired domain name registration, the
then-current amounts set forth in the
East End Hosting price schedule for the
initial registration of the domain name
and, should Customer choose to renew the
registration, subsequent renewals of the
registration. All fees are
non-refundable, in whole or in part,
even if Customer's domain name
registration is suspended, cancelled or
transferred prior to the end of
Customer's then current registration
term. East End Hosting reserves the
right to change fees, surcharges,
renewal fees or to institute new fees at
any time, for any reason, at its sole
discretion. Customer's requested domain
name will not be registered unless and
until we receive actual payment of the
registration fee, and have confirmed
Customer's registration in an email from
East End Hosting to the email address
indicated in Customer's registration
application. In the event of a
chargeback by a credit card company (or
similar action! by another payment
provider allowed by East End Hosting) in
connection with the payments of the
registration fee for Customer's domain
name registration, Customer agrees and
acknowledges that the domain name
registration shall be transferred to
East End Hosting as the paying entity
for that registration to the registry
and that we reserve all rights regarding
such domain name including, without
limitation, the right to make the domain
name available to other parties for
purchase. East End Hosting will
reinstate Customer's domain name
registration solely at East End
Hosting's discretion, and subject to our
receipt of the initial registration or
renewal fee and our then-current
reinstatement fee.
Lawful Purpose
East End Hosting reserves the right to
refuse service to anyone. Customers may
only use East End Hosting server for
lawful purpose. Transmission of any
material in violation of any Federal,
State or Local regulation is prohibited.
This includes, but is not limited to
copyrighted material, material legally
judged to be threatening or obscene, and
material protected by trade secrets. The
designation of any materials as such
described above is left entirely to the
discretion of East End Hosting
management. Regardless of the place of
signing this agreement, the client
agrees that for purposes of venue this
contract was entered into in Wilmington,
Delaware, and any dispute will be
litigated or arbitrated in Wilmington,
Delaware. Defendants further waive all
objections to venue and acknowledge that
venue in any such litigation will be
held in Delaware courts. IN NO EVENT
SHALL EAST END HOSTING'S MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00)
DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND,
INDEMNIFY, SAVE AND HOLD EAST END
HOSTING HARMLESS FROM ANY AND ALL
DEMANDS, LIABILITIES, LOSSES, COSTS AND
CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST EAST END HOSTING,
ITS AGENTS, ITS CUSTOMERS, OFFICERS AND
EMPLOYEES, THAT MAY ARISE OR RESULT FROM
ANY SERVICE PROVIDED OR PERFORMED OR
AGREED TO BE PERFORMED OR ANY PRODUCT
SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES
OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS EAST END
HOSTING AGAINST LIABILITIES ARISING OUT
OF; (1) ANY INJURY TO PERSON OR PROPERTY
CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH EAST END
HOSTING'S SERVER; (2) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR
ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE
PRODUCTS SOLD TO CUSTOMER FROM EAST END
HOSTING'S SERVER.
Disclaimer
EAST END HOSTING WILL NOT BE
RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. EAST END HOSTING
MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE
PROVIDE. EAST END HOSTING DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES
LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY
EAST END HOSTING AND ITS EMPLOYEES. EAST
END HOSTING RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME. ALL
SUB-NETWORKS, RESELLERS AND DEDICATED
SERVERS OF EAST END HOSTING MUST ADHERE
TO THE ABOVE POLICIES. FAILURE TO FOLLOW
ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
Privacy
Statement
East End Hosting follows the strict
guidelines of our customer privacy
statement. Please make sure you
understand this statement fully.
