Terms and Conditions of Use

Easy CGI Terms & Conditions

1. AGREEMENT.

This agreement ("Terms and Conditions"), in addition to any other specific agreement between Easy CGI, Inc. ("Easy CGI") and the customer ("Customer"), represents the complete understanding and agreement between Easy CGI and Customer. Except when expressly agreed to the contrary in writing by Easy CGI, these Terms and Conditions supersede any other written (including, without limitation, digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This agreement establishes your rights and obligations when using any of our services.

Easy CGI may change or discontinue any provision of these Terms and Conditions at any time, including, without limitation, services, pricing, equipment, and products. Any such change or discontinuance will legally bind Customer from the time Easy CGI publishes notice of the change or discontinuance on the Easy CGI Web Site. It is Customer´s sole responsibility to ensure that Customer is up to date on the most current version of the Easy CGI Terms and Conditions.

If you do not agree to the terms of this agreement, do not purchase, use or access Easy CGI´s services.

2. CONTENT.

Easy CGI services may be used for lawful purposes only. While using Easy CGI´s Services, Customer may have access to services that allow you to send or post materials ("content") and make that content available to others on the global Internet. Customer may not submit, publish, or display on the Easy CGI Network any defamatory, illegal, abusive, obscene, infringing, or threatening content. In addition, Customer may not submit, publish, or display any content in violation of any US laws, Federal, state or local. Customer is solely responsible for the content that they make accessible while using Easy CGI´s servers and networks. Customer may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

Easy CGI is not obligated to monitor the network for the purpose of examining Customer´s content. Customer hereby acknowledge that if Easy CGI is made aware of content that is determined to be, at the sole discretion of Easy CGI, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Easy CGI has the right, but not the obligation, to edit, remove or deny access to such content. Easy CGI may disclose any content or records concerning customer´s account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on Easy CGI servers. This includes implying sexual content, display of nudity, or any link to adult content. This is also true for sites that promote illegal activity of any type or content that may be damaging to Easy CGI servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily limited to:

• Adult Content Sites - Any pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Torrent / BitTorrent Sites (file sharing) - Any site that distributes .torrent files or the files that .torrent files reference.
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, or any type of site that promotes or participates in willful harm to Internet sites or providers.

The designation of any materials as described above is left entirely to the discretion of Easy CGI.

3. SYSTEM & NETWORK RESOURCES.

Resources are defined as utilization of bandwidth usage, server processor usage, server memory usage, and file storage. Easy CGI offers services in a shared system environment. Individual websites may not consume excessive resources at any time as this can affect other users on the shared system. Excessive resource use is defined as, but not limited to, use of more than 10% of a system resource for longer than 60 seconds. If a customer account is found to be using excessive resources on a shared system, or causes a system to operate in a non-optimal manner, the customer will be contacted to resolve the problem. If Easy CGI is unable to contact a customer regarding a resources related issue, we may, at our discretion, suspend or cancel the customer account.

File Storage. Easy CGI provides a service to host web sites and web pages. Easy CGI limits the total number of files contained in any single website to 100,000 files. All images and files in a website directory must be linked to from web pages on the customer´s web site. Web space is not to be used as an image, sound, or file library, repository, or any other backup or storage solution. Images, sound, and video files may not be linked to from outside sources or websites. Web space is not to be used for the distribution or download of podcasts.

Bandwidth. Easy CGI provides a maximum monthly bandwidth transfer of 7500GB on its Advanced X4 Hosting package. In the interest of preventing system and network resource abuse in a shared environment, Easy CGI does not allow any single website to use more than 7500GB of bandwidth in any single calendar month, or more than 250GB on any single day. A day is defined as a 24 hour calendar day in the GMT time zone. In addition to these limitations, Easy CGI does not allow any single website to average a bandwidth transfer speed of more than 30mbps for a period longer than 60 minutes.

4. FEES, PAYMENT AND TERM.

As consideration for the services you have selected, you agree to pay Easy CGI the applicable service fees as advertised on the Easy CGI website. All fees payable hereunder are non-refundable except those fees covered by Easy CGI´s "30 Day Money Back Guarantee". As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties as needed to maintain your services such Account Information. By submitting to this Agreement, you represent that the statements you have made in our application are true and you will not use our Services for any unlawful purpose.

All Bank Disputes and Credit Card Charge Backs result in the complete cancellation of your account. Credit Card Charge Backs result in the forfeiture of all Easy CGI services AND the purchasers Domain Name.

All Easy CGI services, with the exception of our Managed Server Services, include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of your original signup date. The 30 day money back guarantee does not apply to Domain Name Registration. Domain Name Registration is NOT refundable. Once you purchase your Domain Name you are the owner and it can not be "returned" until the duration of the domain term has expired.

5. SYSTEM SECURITY.

Customers may not use the Easy CGI Network to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any 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. Easy CGI 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.

Easy CGI is not responsible for security vulnerabilities, weaknesses or flaws within individual customer files, scripts, or databases. Should Easy CGI be made aware of unauthorized access to a customer account, it may, at its sole discretion, cancel the customer account immediately to prevent additional unauthorized access to the Easy CGI network.

6. UNSOLICITED EMAIL (SPAM).

Customer may not use any Easy CGI service, equipment or any Easy CGI hosted email address or website in connection with the transmission of spam, Instant Messages, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, reply-to address, or referenced in the body of the message, in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the Easy CGI network. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one´s email address or username accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, Easy CGI reserves the right to disable that customer´s web site without warning. Easy CGI solely reserves the right to refuse or cancel service to spammers. Easy CGI reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void Easy CGI´s 30 day money back guarantee.

7. VIRTUAL PRIVATE SERVER.

Customer agrees to operate a Virtual Private Server (VPS) within the Easy CGI network. All Terms & Conditions as applicable to other Easy CGI services will apply to Virtual Private Server accounts. The following Terms & Conditions shall also apply:

• Easy CGI may not be held liable for data loss on a VPS for any reason. Data backup is the sole responsibility of the customer.
• Do not attempt to install or uninstall any software on your VPS without first making a backup of your VPS. If software related problems occur on your VPS, it may be necessary to restore your VPS from backup. If you have not created a backup of your VPS, it may be necessary to destroy and recreate your VPS. If your VPS is destroyed, all files and configuration settings on your VPS will be lost.
• Resources - VPS servers are provided with certain dedicated and shared system resources. Disk space is a dedicated resource - Disk space assigned to a VPS is for the exclusive use that VPS. Memory (RAM) is a dedicated resource - Memory assigned to a VPS is for the exclusive use of that VPS. Processor (CPU) is a shared resource - The system processors are shared by all VPS servers on a single physical server. Guaranteed processor resources are provided to each VPS plan as follows: Dedicated - 1/30 of system processor; Dedicated X2 - 1/20 of system processor; Dedicated X4 - 1/10 of system processor. Sustained processor usage over the thresholds defined below constitute an abuse of system resources: Dedicated - 10% of system processor for period longer than 30 minutes; Dedicated X2- 20% of system processor for period longer than 30 minutes; Dedicated X4 - 30% of system processor for period longer than 30 minutes. Sustained processor utilization for any single process on a VPS over the thresholds defined below constitute an abuse of system resources: Dedicated - 3% of system processor for period longer than 4 hours; Dedicated X2- 6% of system processor for period longer than 4 hours; Dedicated X4 - 10% of system processor for period longer than 4 hours.
• Bandwidth - For periods longer than 60 minutes, Easy CGI does not allow any single VPS to exceed an average bandwidth transfer speed as follows: Dedicated - 3mbps ; Dedicated X2 - 6mbps ; Dedicated X4 - 12mbps.

8. CANCELLATION OF SERVICE.

Cancellation of any service must be done via the Easy CGI web based administration, or via fax signed by the account holder. Easy CGI can not accept cancellation requests in any other way. Transferring your domain to another provider does not constitute canceling your account with Easy CGI. You must notify Easy CGI as detailed above to formally cancel your account with Easy CGI to avoid further charges. Domain Name Registration CAN NOT be cancelled. As the purchaser of the Domain Name you are the Domain Names owner until the term of the Domain Names registration has expired. Easy CGI reserves the right to cancel service for any reason without prior notice.

9. LIMITATION OF LIABILITY.

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.

10. INDEMNIFICATION.

Customer agrees that it will protect, indemnify, save and hold Easy CGI, Inc., a New York Corporation, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney´s fees assessed against Easy CGI, Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it´s customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Easy CGI, Inc. harmless against liabilities arising out of;

1. Any injury to person or property caused by any products sold or distributed in association with Easy CGI´s Services;
2. Any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright violation and any defective products sold to a customer from Easy CGI´s Services.

11. DISCLAIMER.

Easy CGI, Inc. will not be responsible for any damages your business may suffer. Easy CGI, Inc. makes no warranties of any kind, expressed or implied for services we provide. Easy CGI, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Easy CGI, Inc. and its employees. Easy CGI, Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Easy CGI furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer´s failure to comply with those laws will violate this policy. Finally, Easy CGI wishes to emphasize that in accepting services, customers indemnify Easy CGI for the violation of any law or Easy CGI policy that results in loss to Easy CGI or the bringing of any claim against Easy CGI. If Easy CGI is sued because of activities of a customer that violate any law, or this policy, the customer will pay any damages awarded against Easy CGI, plus costs and reasonable attorneys´ fees.

All Customer of Easy CGI must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

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