1. Content
All services provided by Euro-Pacific Internet Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue or violates export control laws.
Note: Pornography, nudity and sex-related merchandising are prohibited on any Euro-Pacific Internet Services server. This includes sites that may infer sexual content, or links to adult content elsewhere. This includes also sites which promote any illegal activity or content that may be damaging to Euro-Pacific Internet Services servers or any other server on the Internet. Links to such material are also prohibited.
Examples of non-acceptable content or links are pirated software, hackers programs, warez sites, IRC bots, illegal mp3 files, gaming and gambling sites, promoting Bulk email services or software.
To report abuses, please contact abuse@Euro-Pacific.com
Euro-Pacific Internet Services reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
Euro-Pacific Internet Services will be the sole arbiter as to what constitutes a violation of this provision.
2. CGI
Each Euro-Pacific Hosting Account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice.
3. Running Background Programs
We don't allow programs to run continually in the background.
4. System/Network Security and Abuse
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network, attempt to circumvent any user authentication or security of host, network, or account. Use, probe, or scan of a systems security or authentication measures, data or traffic, spawning dozens of processes. Interference with service to any user, host or network including, mail bombing, flooding, ping bombing, smurfs, winnuke, land, teardrop, deliberate attempts to overload a system and Denial of Service attacks. Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken.
5. Spamming - E-mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to be any unsolicited commercial email (UCE) or unsolicited bulk email (UBE) in the mediums of Newsgroups, e-mail, and Fax. If you are found to have spammed, then we will immediately, without warning, disable your domain.
In addition, we will impose a $150 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.As such, any violation will result in immediate deactivation of services without refund.
6. Money Back Guarantee
We provide a money back guarantee on the monthly hosting fee for our Premium $29.95 account within the first 15 days of your contract. If you are not fully satisfied with our services within the first 15 days, you will be given a full refund of the $29.95 hosting fee. Setup fees and domain registration fees are excluded and NOT refundable. The guarantee doesn't apply to our shopping cart account or any add ons or other services. It is only valid for the basic monthly subscription fee of your standard virtual server in the Premium Hosting Plan. Euro-Pacific Internet Services must be notified within the first 15 days after account activation. No refund is available after the 15th day.
7. Data / Backups
Backups are made on a regularly basis. No guarantees are made of any kind, either expressed or implies, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their account content and information. If data loss occurs due to negligence of client in securing their account or by an action of the client, Euro-Pacific Internet Services will attempt to recover the data from the most recent archive for a one time service fee.
If the client violates any part of this policy, and Euro-Pacific Internet Services disables the client's account, the client forfeits all rights to access the client's data that is being held on a server of Euro-Pacific Internet Services.
8. Indemnification
The client is fully responsible for the contents of its Web site. The client is further fully liable for the contents of all advertising and advertisements appearing on its Web site. The client agrees to indemnify and hold harmless Euro-Pacific Internet Services, its employees and agents, from any and all fines, demands, penalties, losses, claims, expenses, or other liabilities, including reasonable attorney's fees asserted against Euro-Pacific Internet Services, 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 Euro-Pacific Internet Services against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Euro-Pacific Internet Services server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
9. Limitations of Liability for Euro-Pacific Internet Services
Euro-Pacific Internet Services assumes no liability for disruptions of any services, including, but not limited to, vandalism, phone service outages, theft, Internet disruptions, extreme or severe weather conditions or any other causes in the nature of "Acts of god". In no case shall client be entitled to recover damages from Euro-Pacific Internet Services which exceed the sum of the Service Fees.
10. Account Cancellation
If payment is not received by the due date, you will be notified by e-mail. You have five (5) business days to bring your account current, or the account will be terminated immediately.
If you wish to cancel your account, you have to notify us by e-mail AT LEAST seven (7) days prior to payment due date. If you cancel your site, your account will be closed at the beginning of the next billing period. If we don't receive the cancellation notice seven (7) days prior due date, the service will be extended to the following billing period; we do not offer pro-rated refunds.
11. Terms
We reserve the right to terminate any account without cause upon notification to the client. Euro-Pacific Internet Services may further terminate an account immediately without notice at any time the customer breaches any part of our guidelines.
Euro-Pacific Internet Services does not issue service credits for any outages incurred through service disablement resulting from policy violations.
Euro-Pacific Internet Services reserves the right to refuse service to anyone.
Euro-Pacific Internet Services reserves the right to change or update any provision of this policy at any time without notice.
You agree to review the policy periodically to be aware of any such revisions. If any revision to this policy is unacceptable to you, you may terminate your contract at any time by providing Euro-Pacific Internet Services with written notice by e-mail. Notice of your termination will be effective upon receipt by Euro-Pacific Internet Services.
12. Disclaimer
Euro-Pacific Internet Services will not be responsible for any damages your business may suffer. Euro-Pacific Internet Services makes no warranties of any kind, expressed or implied for services we provide. Euro-Pacific Internet Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Euro-Pacific Internet Services and its employees. Euro-Pacific Internet Services reserves the right to change or update policies without notice.
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