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IMPORTANT
NOTICE:
eBevo("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms of
Service).
Use of eBevo Service constitutes acceptance and agreement
to eBevo's AUP
as well as eBevo's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of eBevo and AUP
(Acceptable Use Policy). The AUP may be changed
from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with
the laws of the state of Texas, county of Harris applicable to
contracts enforceable in that state. Venue will be Harris County, Texas
1. 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
eBevo shall have the right to terminate
all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial
rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively
change the specified rates and charges from time
to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of
service goals including but not limited to rates
charged to company by its suppliers.
3. Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's service
or on the anniversary date of the year for that year's serviice. All accounts
and services provided by eBevo are subject to the current
tax rate as imposed by the City of Houston, State of Texas which is currently
8.25%. 80% of the monthly service charge is subject to the 8.25% tax rate,
while the remaining 20% of the monthly service charge is not taxed. 100%
of the setup fee is subject to the 8.25% tax rate. The above applies to
all accounts and services provided by eBevo.
4. Payments and Fees: Credit cards that are declined for
any reason are subject to a $1.00 declination fee. Service will be interrupted
on accounts that reach 25 days past due. Service interrupted for nonpayment
is subject to a $35 reconnect charge. Accounts not paid by due date are
subject to a $7.95 late fee. Accounts that are not collectable by eBevo
may be turned over to an outside collection agency for collection. If
your account is turned over for collection, you agree to pay the company
a "Processing and Collection" Fee of not less than $50 nor more
than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to
eBevo are nonrefundable. This includes
the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the
time the dispute occurred. If you dispute a charge
to your credit card issuer that, in eBevo's
sole discretion is a valid charge under the provisions
of the TOS and /or AUP, you agree to pay eBevo
an "Administrative Fee" of not less
than $50 and not more than $150.
6. Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure
of Subscriber to pay charges when due. Such termination
or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable
interest and any collection fees.
7. Account Cancellation: All requests for
canceling accounts must be made in writing with
at least 30 days notice but not more than 60 days
prior written notice and sent to eBevo
Attn: Cancellations, 2122 Teague Road, Houston,
Texas 77080. You must have all account information
to cancel.
8. Subscriber acknowledges that the service provided is
of such a nature that service can be interrupted
for many reasons other than the negligence of
the company and that damages resulting from any
interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company
shall not be liable for any damages arising from
such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges
that the company's liability for its own negligence
may not in any event exceed an amount equivalent
to charges payable by subscriber for services
during the period damages occurred. In no event
shall the company be liable for any special or
consequential damages, loss or injury.
9. New Domain Accounts: All new web hosting
accounts involving new domains will be set up and entered into our DNS
servers within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7 business days. If
the new domain is registered by the account holder, there will be no handling
fee. If the domain is registered by eBevo on behalf of the
account holder a handling fee will be incurred.
10. Transfer of Domains: New web hosting
accounts which involve the transfer of a domain from another provider
to eBevo will require a minimum of seven (7) days to be
set up and entered into our DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding the amount of time
a specific transfer may take. If the transfer of the domain is done by
eBevo on behalf of the account holder a handling fee will
be incurred. If the customer cancels service during the transfer period
for any reason, all charges are considered earned.
11. Support Boundaries: eBevo,
provides 24 x 7 technical support via email to our subscribers. We limit our technical support to our area of expertise.
The following is our guidelines when providing
support: eBevo provides support
related to your server or virtual site physical
functioning. eBevo does not offer
tech support for application specific issues such
as cgi programming, html or any other such issue.
eBevo does not provide technical
support for YOUR customers. If you can email,
we encourage you to email dedsupport@ebevo.com for assistance.
If you are able to get online and have other questions,
the answers may be on our home page at http://www.ebevo.com/mod.php?mod=userpage&menu=14&page_id=7we
encourage you to check there first. Lastly, the
Help files in the program you are using may have
the answer to your question so please do investigate
these resources before calling tech support.
12. SPAM and Unsolicited Commercial Email (UCE): eBevo
takes a zero tolerance approach to the sending
of Unsolicited Commercial Email (UCE) or SPAM
over our network. Very simply this means that
customers of eBevo may not use or
permit others to use our network to transact in
UCE. Customers of eBevo may not
host, or permit hosting of, sites or information
that is advertised by UCE from other networks.
Violations of this policy carry severe penalties,
including termination of service.
a. Violation of eBevo's SPAM policy will result
in severe penalties. Upon notification of an alleged
violation of our SPAM policy, eBevo
will initiate an immediate investigation (within
48 hours of notification). During the investigation,
eBevo may restrict customer access
to the network to prevent further violations.
If a customer is found to be in violation of our
SPAM policy, eBevo may, at its sole
discretion, restrict, suspend or terminate customer's
account. Further, eBevo reserves
the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. eBevo will notify
law enforcement officials if the violation is
believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed
for possible immediate termination. A second violation
will result in an "Administrative Fee"
of $500 and immediate termination of your account.
Users who violate this policy agree that in addition
to these "Administrative" penalties,
they will pay "Research Fees" not to
exceed $175 per hour that eBevo
personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions
of their clients over the eBevo
network, it is advisable that Customers develop
a similar, or stricter, policy for their clients.
13. Network
a. IP Address Ownership: If eBevo
assigns Customer an Internet Protocol address
for Customer's use, the right to use that Internet
Protocol address shall belong only to eBevo,
and Customer shall have no right to use that Internet
Protocol address except as permitted by eBevo
in its sole discretion in connection with the
Services, during the term of this Agreement. eBevo
shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned
to Customer by eBevo, and eBevo
reserves the right to change or remove any and
all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this
means to you is that you MUST use name-based
hosting where possible. We will periodically
review IP address usage, and if we find that clients
are using IP addresses where name-based hosting
could be used, we will revoke authorization to
use those IP addresses that could be used with
name-based hosting.
b. Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed
Usage"). eBevo will monitor
Customer's bandwidth and disk usage. eBevo
shall have the right to take corrective action
if Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection
or discontinuance of any and all Services, or
termination of this Agreement, which actions may
be taken is in eBevo's sole and
absolute discretion. If eBevo takes
any corrective action under this section, Customer
shall not be entitled to a refund of any fees
paid in advance prior to such action. In the
event that a customer exceeds the included allocation,
eBevo may, at its sole discretion, collect
a deposit, in an amount determined by eBevo,
against customer's credit card on file with eBevo.
c. System and Network Security: Users are prohibited
from violating or attempting to violate the security
of the eBevo Network. Violations
of system or network security may result in civil
or criminal liability. eBevo will
investigate occurrences, which may involve such
violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users
who are involved in such violations. These violations
include, without limitation:
i. Accessing data not intended for such User or logging into
a server or account, which such User is not authorized
to access.
ii. Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
iii. Attempting to interfere with service to any user, host or
network, including, without limitation, via means
of overloading, "flooding", "mail
bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such
User is not entitled.
14. Notification of Violation:
a. eBevo is under no duty to look at each customer's
or user's activities to determine if a violation
of the AUP
has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related
activities.
b. First violation: Any User, which eBevo determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning
them of the violation. The service may be subject
at eBevo's discretion to a temporary
suspension pending a User's agreement in writing,
to refrain from any further violations.
c. Second Violation: Users that eBevo determines
to have committed a second violation of any element
of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service
without further notice.
d. We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it
is clear that the offending activity is causing
great harm to parties on the Internet. In particular,
if open relays are on your network or a customer's
network, or if denial of service attacks are originating
from your network. In certain rare cases, we may
have to do this before attempting to contact you.
If we do this, we will contact you as soon as
is feasible.
15. Suspension of Service or Cancellation: eBevo
reserves the right to suspend network access to any customer if in the
judgment of the eBevo network administrators the customer's
server is the source or target of the violation of any of the other terms
of the AUP or for any other reason which eBevo chooses.
If inappropriate activity is detected, all accounts of the Customer in
question will be deactivated until an investigation is complete. Prior
notification to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not be credited
for the time the customer's machines were suspended.
16. eBevo reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed
servers of eBevo must adhere to
the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation.
You will be held responsible for the actions of
your clients in the matter described on these
Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable
Terms of use policy.
17. Indemnification: eBevo wishes to emphasize
that in agreeing to the eBevo Acceptable
Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies eBevo for any
violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS)
that results in loss to eBevo or
the bringing of any claim against eBevo
by any third-party. This means that if eBevo
is sued because of a customer's or a customer
of a customer's activity, the customer will pay
any damages awarded against eBevo,
plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide
us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are
used, in that order of preference.
a. A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate
as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of
any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company
may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract
at anytime without further obligation.
c. eBevo takes no responsibility for any material
input by others and not posted to the eBevo
Network by eBevo. eBevo
is not responsible for the content of any other
websites linked to the eBevo Network;
links are provided as Internet navigation tools
only. eBevo disclaims any responsibility
for any such inappropriate use and any liability
to any person or party for any other person or
party's violation of this policy.
d. eBevo is not responsible for any damages your
business may suffer. eBevo does
not make implied or written warranties for any
of our services. eBevo denies any
warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all
service interruptions caused by eBevo.
e. It is absolutely forbidden to host pornographic content or
IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will
be subject to immediate cancellation without refund.
19. Responsibility for Content: You, as eBevo's
customer, are solely responsible for the content stored on and served
by your eBevo server.
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