Web Hosting Agreement
Terms & Conditions
Terms of Service
This agreement is between ePhlox Technologies and
the on-line individual or entity who is applying for
Web Hosting Services, (hereinafter referred to as
CLIENT). CLIENT agrees to an on-line, paperless
subscription service, which will be automatically
charged on a recurring basis until the service is
explicitly cancelled by either CLIENT or PROVIDER.
CLIENT acknowledges that all information provided by
CLIENT is true and correct to the best of CLIENT's
knowledge. CLIENT agrees that the act of submitting
an online application form constitutes acceptance of
all terms and conditions associated with the
services applied for and that the act of online
submission shall be in lieu of written signature.
CLIENT will use PROVIDER's services in a manner
consistent with all applicable local, state, and
federal regulations and laws. CLIENT agrees to pay
and authorizes PROVIDER to charge all fees due using
the payment information provided by CLIENT at the
time of application.
PROVIDER will not be responsible for any damages
suffered by CLIENT. PROVIDER'S service is provided
on an "as is, as available" basis. PROVIDER gives no
warranty, expressed or implied, for the PROVIDER's
services, including without limitation, any warranty
of merchantability or warranty of 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 PROVIDER and its employees. Any damages
incurred by CLIENT due to disruption of service by
PROVIDER or its providers shall be expressly limited
to the fees paid by CLIENT to PROVIDER for services
and shall under no circumstances include
reimbursement for losses of income or other
consequential damages claimed by CLIENT.
CLIENT agrees that it shall defend, indemnify,
save and hold PROVIDER harmless from any and all
demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted
against PROVIDER, 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. CLIENT agrees to
defend, indemnify and hold PROVIDER harmless against
liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise
distributed in connection with a PROVIDER server;
(2) any material supplied by CLIENT infringing or
allegedly infringing on the proprietary rights of a
third party and (3) copyright infringement.
PROVIDER expects that its CLIENTS will fully
comply with all applicable laws. A customer's
failure to comply with those laws will violate this
policy. Finally, PROVIDER wishes to emphasize that
in accepting services, CLIENTS indemnify PROVIDER
for the violation of any law or PROVIDER policy that
results in loss to PROVIDER or the bringing of any
claim against PROVIDER. This means, among other
things, that if PROVIDER is sued because of
activities of the customer that violate any law, or
this policy, the customer will pay any damages
awarded against PROVIDER plus costs and reasonable
Effective use of PROVIDER's services presumes a
certain degree of knowledge and skill on the part of
the CLIENT. For example, it is presumed that CLIENT
possesses at least a rudimentary knowledge of
Internet-related processes and software applications
such as e-mail, FTP, Telnet, and web-browsing.
Creating and publishing a web site on PROVIDER's
servers will require some knowledge of either HTML
programming or the use of HTML editors, such as
Microsoft FrontPage. Certain advanced applications
may require a certain level of competence with
CGI/Perl programming applications. In lieu of
already-established knowledge and skill levels,
patience, a desire and ability to learn, and perhaps
a little courage will be required. PROVIDER will not
be held responsible for CLIENT's inability to use
PROVIDER's services due to CLIENT's lack of the
requisite knowledge and skills.
PROVIDER relies on e-mail as the primary means of
notifying CLIENTs of important system news, problems
with CLIENTs' accounts or usage of those accounts,
billing problems, etc. Any notifications will be
e-mailed to CLIENT domain's primary e-mail address
and/or to the contact e-mail address provided by
CLIENT upon application for services. CLIENT agrees
to monitor these e-mail addresses on a regular basis
and to respond promptly, if required, to any
notifications. CLIENT agrees to notify PROVIDER of
any changes to CLIENT's physical or e-mail address,
telephone numbers, etc.
These policies may change with or without notice.
CLIENT agrees to comply with these policies in their
current and future state. CLIENT agrees to
periodically review published policies to ensure
understanding of and compliance with current
REFUSAL OF SERVICE.
PROVIDER reserves the right to refuse or cancel
service at PROVIDER's sole discretion, with or
without reason, with or without warning.
CLIENT expressly understands, acknowledges, and
agrees that in submitting an application and paying
for any and all services to be rendered by PROVIDER,
CLIENT shall abide by all Terms and Conditions
CLIENT agrees to submit to the jurisdiction of
the applicable municipal, county, state or federal
court of PROVIDER's physical residence for any
litigation, mediation, or arbitration which may
arise from any dispute concerning any of the
provisions herein. Controlling law shall be that of
the State of PROVIDER's residence. The prevailing
party in any litigation hereunder shall be entitled
to recover its reasonable attorney's fees and court
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All services may be used for lawful purposes
only. Through PROVIDER's Service, CLIENT may have
access to chat areas, bulletin boards, web pages,
email, or other services that enable CLIENT to send
or post materials ("content") and make that content
available to others. CLIENT must not submit,
publish, or display on the Network any defamatory,
inaccurate, abusive, obscene, infringing, or
threatening content. In addition, CLIENT may not
submit, publish, or display any content that
violates any US Federal, State, or Local law. CLIENT
is solely responsible for the content made
accessible through the Network. CLIENT may not use
the Service to assist any other person or entity to
violate any Federal, State, or Local laws,
ordinances, or regulations.
PROVIDER is not obligated to monitor the network
to examine available content. CLIENT hereby
acknowledges that if PROVIDER is made aware of
content that is determined to be, in PROVIDER's sole
discretion, unacceptable, undesirable, offensive,
indecent, obscene, excessively violent or otherwise
objectionable, PROVIDER has the right, but not the
obligation, to edit, remove or deny access to such
content. PROVIDER may disclose any content or
records concerning CLIENT's account as required to
satisfy any law, regulation, governmental request or
Pornography and sex-related merchandising are
prohibited on all servers. This includes sites that
may infer sexual content, display nudity, or link to
adult content elsewhere. This is also true for sites
that promote any illegal activity or content that
may be damaging to PROVIDER's servers or any other
server on the Internet. Links to such materials are
also prohibited. In addition, any site selling or
promoting bulk e-mail service is not allowed.
EXAMPLES OF PROHIBITED SERVICES.
The following content and activities may not be
displayed or promoted by CLIENT nor associated in
any way with CLIENT's account or PROVIDER's
services. PROVIDER shall be the sole arbiter as to
what constitutes violation of this provision.
- Transmission, storage, or presentation of any
information, data or material in violation.
- Copyrighted material used without permission.
- Material or activities judged by PROVIDER to
be threatening, obscene, disparaging, or
- Material protected by trade secret or other
- Pornography, nudity, erotica, and sex-related
merchandising, including sites that may infer
sexual content, or link to adult content
- Content that promotes any illegal or
- Content that may be damaging to PROVIDER's
servers or to any other server on the Internet.
- Pirated software (warez).
- Promotion or sale of unsolicited or bulk
e-mail (SPAM) software or services.
- Unsolicited or bulk e-mail or newsgroup posts
(SPAM) which references and/or is traceable to
PROVIDER and/or any CLIENT in any way.
- Illegally distributed MP3 media.
- Harassing, annoying, or otherwise interfering
with any person's, group's, or organization's use
or enjoyment of the Internet experience.
- Links or reference to any of the above.
CLIENT may not use PROVIDER's Network in 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 CLIENT, logging into a server or
account the CLIENT 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. CLIENT
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. PROVIDER 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
Each account comes with its own cgi-bin. CLIENT
is free to use any CGI script desired; however
PROVIDER reserves the right to disable any CGI
script that adversely affects normal server
performance or network integrity. CGI-script sharing
with domains not hosted by PROVIDER is not allowed
Cron access may be enabled on a case-by-case
review basis. Cron jobs shall be limited to one per
day, and must be scheduled to run between midnight
and 5 a.m. To request crontab access, e-mail support
with a description of the application you wish to
BACKGROUND RUNNING APPLICATIONS.
Background daemons in general are prohibited.
PROVIDER will consider requests to allow these
applications on a case-by-case review basis. If
allowed, extra charges will be assesed based on
resources and system maintainence needed.
Any web site that uses a high amount of server
resources (such as, but not limited to CPU time,
memory usage, and network resources) will be given
an option of either upgrading their service level or
reducing the resource used to an acceptable level.
UNSOLICITED E-MAIL (SPAM).
PROVIDER's servers may not be the source,
intermediary, or destination address involved in the
transmission of unsolicited bulk e-mail (UBE),
unsolicited commercial e-mail (UCE), spam, off-topic
newsgroup posts, flames, or mail bombs. CLIENT's
domain may not be referenced or traceable in any way
as a result of any of the above. PROVIDER reserves
the right to refuse and/or cancel service to known
spammers. PROVIDER reserves the sole right to
determine what constitutes violation of this
SPAM is any unsolicited e-mail, post, or
facsimile in the newsgroup, e-mail, fax, or other
electronic medium. Any unsolicited commercial email
(no matter how relevant or important it may be) is
spam; any unsolicited bulk email (commercial or not)
is also spam. Mass and unsolicited are not
concurrent conditions for spam. One and/or the other
is sufficient. In the medium of newsgroups, spam is
considered to be any off-topic posting and/or any
identical posting to multiple newsgroups.
Any spam complaints received about CLIENT domains
are addressed seriously. After investigation, if it
is deemed by PROVIDER that spamming practices have
indeed been utilized on PROVIDER's servers, PROVIDER
reserves the right to terminate a domain account
immediately with no refund and to assess a $500
penalty per spam incident. CLIENT expressly accepts
PROVIDER's right to assess this penalty and agrees
to its assessment and payment.
Clarification on UCE and UBE. Unsolicited
commercial e-mail is, simply put, sending an email
to someone you don't personally know or a company
you don't have a relationship with. If you come upon
e-mail addresses in a web site you visit, the simple
existence of an e-mail address in a web-site does
not imply acceptance of unsolicited commercial
e-mails. A request for link reciprocation is just
that, unsolicited and commercial. Unless, of course,
a working relationship already exists between you
and the other party. Unsolicited bulk e-mail is the
sending of UCE to more than one recipient at a time.
Any attempts to undermine or cause harm to any
server is strictly prohibited. This includes, but is
not limited to attempting to gain access to password
files other than your own, attempting to gain
unauthorized access to other accounts on your
server, or anything that causes server malfunction.
Failure to comply is subject to immediate account
deactivation without refund.
Please note that while CGI/PERL scripts and/or
mSQL/mySQL code can unintentionally cause server
malfunction, PROVIDER will make the final
determination if the code was maliciously
programmed. If the code was programmed incorrectly
but not out of apparently malicious intent, PROVIDER
will disable the program, but not cancel CLIENT's
CLIENT account receives a monthly
traffic/bandwidth allocation according to the type
of account applied for. No per-hit charges or
limitations apply. Due to the unique resource
characteristics and traffic.
- Subhosting - any domain housing additional
- Shareware, sound, video, image and multimedia
- Mirror sites
- Distribution points
- Any site whose primary purpose is file
For those accounts that do not qualify for
"normal" traffic quidelines, traffic will go
unmonitored up to 3 gigabytes. Thereafter, normal
data transfer costs will apply.
PROVIDER will be the sole arbiter as to what
constitutes a violation of this provision.
PROVIDER will make every reasonable effort to
notify CLIENT of projected traffic overages prior to
any action being taken to disable CLIENT's account.
However, PROVIDER reserves the right to disable
CLIENT's account without prior warning due to
traffic in excess of the account allocation. In some
cases, "unusual" traffic patterns will cause an
automatic disablement of CLIENT's account without
Bandwidth usage is calculated weekly around
midnight on Monday morning. A monthly projection is
calculated at that time based upon month-to-date
actual usage. If the projection exceeds the account
allocation, an e-mail warning is sent to the CLIENT.
If actual bandwidth usage exceeds the allocation,
the account is automatically disabled; the CLIENT is
notified via e-mail of the disablement, and is given
the option of purchasing additional bandwidth to
re-enable the account. CLIENT is not automatically
charged for excess bandwidth usage without agreeing
to the charges in advance. However, payment for
excess bandwidth usage will be required before the
account can be re-enabled.
While PROVIDER will make every reasonable effort
to help CLIENTs with all of their questions, there
are some times when PROVIDER must either refer
CLIENT to the manual, or confess an inability to
help. It is impossible for PROVIDER to support all
of the countless 3rd party programs and
configurations that are available to web developers
and users today.
To assist CLIENT in knowing PROVIDER support
boundaries, here's a guideline to what's supported
and what's not.
Server-Side Issues such as:
- Password Changes
- Server Failure
- General Questions
- E-mail issues
- FrontPage extension issues
- Web-based control panel questions
Client-Side Issues such as:
- Inability to connect to server space.
- Internic Assistance
- Domain name registration/modification issues
for current or prospective clients
What's Not Supported:
- CGI-scripts - preinstalled or 3rd party
- Web Page development or programming
- ISP troubles
- 3rd party software, including FrontPage and
other HTML Editors
- mSQL/mySQL database
- Miva Merchant or Miva Order (support for these
applications are provided by Miva Corporation
- Internic assistance when the domain in
question is not hosted or will not be hosted on
RESOLD WEB SPACE.
CLIENT may subdivide and give away or resell for
profit web space and other services on CLIENT's
account to other users. CLIENT's clients must adhere
to these policies and guidelines, too. Any
infraction from CLIENT domain, regardless of the
source, shall be treated as a violation by the
CLIENT. If an infraction is serious enough (server
tampering, spam, etc.), CLIENT account can and will
be cancelled without refund, without warning.
Monitoring Resold Server Space. It is up
to the CLIENT as a reseller to monitor resold web
space. PROVIDER cannot apply server space
restrictions to any directory.
Technical Support for Resold Web Space.
CLIENT shall be the first point of contact for
resold web space. PROVIDER will not support CLIENT's
DOMAIN NAME REGISTRATION.
PROVIDER will provide reasonable assistance to
CLIENT in the area of domain name registration and
modification. Reasonable assistance may include
submission of registration or modification requests
to appropriate domain name registration agencies
and/or supplying CLIENT with the necessary
information to effect registration or modification
of CLIENT domain. PROVIDER will not, under
any circumstances, make changes to any part of a
domain name record except nameserver and technical
contact information relating to the pointing of
CLIENT domain name to PROVIDER's servers.
CLIENT is responsible for payment of all
applicable domain name registration and renewal
fees, with the following exception:
FREE DOMAIN NAME REGISTRATION
PROVIDER will pay CLIENT's domain name
registration fees under the following conditions:
- CLIENT's domain name registration is provided
by enom Registration Service Provider.
- CLIENT's domain name is associated as the
primary domain name with an active, qualifying
- The active hosting account is in good standing
for at least three consecutive months during the
domain name registration period.
- For Domain Name Reservations, PROVIDER will
pay the first year's registration fees, and CLIENT
will be responsible for payment of subsequent
If any of these conditions are not met, CLIENT
expressly agrees to accept any charges related to
domain name registration that may result. CLIENT
acknowledges that domain name registration fees are
non-refundable, and are explicitly excluded from any
warranties or guarantees that may otherwise apply to
CLIENT's account with PROVIDER. In the event of
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CLIENT bears all responsibility for ensuring
effective cancellation of CLIENT account. This
responsibility includes providing effective and
authenticated notification to PROVIDER of CLIENT's
desire to cancel an account. This responsibility
shall not be waived or modified by PROVIDER or
CLIENT in any way at any time subsequent to the
submission by CLIENT of an application for PROVIDER
account. PROVIDER will act immediately to implement
CLIENT's cancellation notice, providing the terms of
this cancellation policy have been followed.
CLIENT must provide effective notice of
cancellation at least 24 hours prior to the
expiration of the current paid hosting period in
order to avoid charges for future hosting periods.
All charges will cease immediately upon PROVIDER's
receipt of notice of cancellation. No refunds are
provided for unused services after the first 30 days
of account activation.
Accounts may be cancelled by Telephone . To
protect CLIENT against bogus or malicious account
cancellation, cancellation requests must be
- Providing the original account password
provided with initial account setup; and/or
- providing the first 4 and last 4 digits
of the credit card number or checking account
number used to pay for the account.
All cancellation requests are processed and
confirmed via email by PROVIDER within 24 hours of
receipt of the cancellation request. Requests for
cancellations to take effect on some future date and
time will not be accepted -- submission of the
cancellation request form shall be assumed to be
authorization for immediate account cancellation. At
the time of cancellation, all services related to
the account will be terminated, and all files
remaining on the account will be permanently deleted
from PROVIDER's servers.
If CLIENT does not receive confirmation of
cancellation, cancellation can not be assumed to
have been effected. It is CLIENT's responsibility to
ensure that a cancellation confirmation is
forthcoming from PROVIDER. The purpose of requiring
confirmation of cancellation is to protect both
CLIENT and PROVIDER from inaccurate claims of
cancellation and notification.
If CLIENT has a balance due at the time of
cancellation, this balance must be paid in full.
Cancellation does not absolve CLIENT of any
outstanding financial obligations.
If CLIENT is taking advantage of PROVIDER's free
domain registration and renewal offer, and the
account has not met the minimum commitment or other
requirements provided under the terms and conditions
of that offer, CLIENT will be automatically charged
all applicable domain registration fees at the time
PROVIDER does not monitor account usage or the
status of domain name records on PROVIDER's servers.
If CLIENT transfers CLIENT domain without notifying
PROVIDER of a desire to cancel the account, or if
CLIENT allows domain registration to expire without
renewal, CLIENT will continue to be charged/billed,
even if PROVIDER learns that CLIENT domain has been
transferred or expired. PROVIDER's services are
independent of account usage and domain name
records, and remain in effect regardless of the
status of CLIENT's domain name record.
PROVIDER implements the latest technology for
providing a secure and encrypted environment for
information protection. There is no guarantee that
the information on the Internet is absolutely secure
and may never be destroyed. CLIENT agrees to
indemnify and hold PROVIDER harmless in case of
information loss or loss of privacy.
PROVIDER is not responsible for any damages
arising from CLIENT's use of or by CLIENT's
inability to use the server, web hosting packages,
or any other services for any reason.
PROVIDER shall make every reasonable effort to
protect and backup data for CLIENT on a regular
basis. PROVIDER is not responsible for CLIENT's
files. CLIENT is solely responsible for their
independent backup of data stored on PROVIDER's
server and network. PROVIDER assesses a fee for
backup restoral of lost data.
PROVIDER is not liable for and does not guarantee
the protection or privacy of electronic mail or
information transferred through the Internet or any
other public network.
PROVIDER maintains control and ownership of any
and all IP numbers and addresses that may be
assigned to CLIENT and reserves in its sole
discretion the right to change or remove any and all
IP numbers and addresses.
CLIENT shall keep the rights of ownership and use
of CLIENT's domain name registration and files even
if client changes providers, with the following
exception: PROVIDER maintains a possessory lien on
CLIENT's domain name and files from the date that
associated fees are unpaid and due, including late
fees or other charges, and for expenses reasonably
incurred in collection of those fees. In the event
of the exercise of this lien, release of CLIENT's
domain name and/or files shall be at the sole
discretion of PROVIDER.
In case of disputes regarding authority over
domain names, PROVIDER will follow industry standard
practice of giving ultimate authority to the domain
PROVIDER maintains control and ownership of any
copyright, proprietary and/or licensed software,
scripts, programs, images, or other electronic data
or media installed and/or provided by PROVIDER.
CHECK & WIRE PAYMENTS
Check payments are due 10 business days prior to
the new hosting period.
All checks & Wire transfer should be made payable to ePhlox
Technologies., and mailed to:
1-K-1 Mustafa Market Nazimabad No.1
CREDIT CARD PAYMENTS
Accounts that pay by credit card are
automatically billed 5 - 10 days prior to the
beginning of each new hosting period. In the event
that credit card payments are declined by the
issuing financial institution, PROVIDER will make
every reasonable effort to contact CLIENT by e-mail
to request another form of payment. If PROVIDER is
unable to contact CLIENT in this event, CLIENT's
account will be considered past due as described
Notifications will be sent via e-mail to the
primary e-mail account of the hosted account and/or
to the account contact e-mail address as provided at
the time of application. CLIENT agrees to notify
PROVIDER of any changes to CLIENT's physical and
e-mail addresses, telephone numbers, credit card
numbers, and credit card expiration dates.
PAST DUE ACCOUNTS
All payments are due approximately 5 - 10 days
prior to the start date of CLIENT's account hosting
period. If payment is not received by the due date,
PROVIDER will send notifications/reminders via
e-mail to CLIENT's primary contact e-mail address.
If CLIENT does not respond to that notification, the
following actions will be taken:
- Account Suspension - Hosting Period Start
If CLIENT's account is not paid in full by the
hosting period start date, CLIENT's account will
be disabled -- all web, e-mail, FTP, and other
access to the account will be non-functional. The
account will be reactivated within 10 days of the
disablement, upon receipt of payment plus a
100.00 account reactivation fee.
- Account Cancellation - 10 days after
If payment is not received within 10 days after
account suspension, the account will be queued for
automatic cancellation and deletion.
- Account Reactivation After Cancellation
Once an account has been placed in the
cancellation queue, it must remain disabled for at
least 36 hours. After 36 hours, but before 7 days,
CLIENT may request reactivation of the account by
paying the account balance plus a 300.00
account restoral fee.
After the seventh day, the account is "officially"
cancelled and all files associated with the
account are permanently removed from the servers.
At this point, the account cannot be reactivated,
but CLIENT can request a "new" account for the
domain. If necessary, files can be restored from
tape backups and placed on the new account within
30 days of cancellation for the normal backup
restoral fee of 500.
Waiver / Modification of Policy
PROVIDER may (or may not) choose to waive or modify
the enforcement of this Past Due Accounts policy if
CLIENT contacts PROVIDER prior to the payment due
date to discuss alternative payment methods.
PROVIDER always sends at least two e-mail
notifications prior to account suspension. CLIENT
must respond to those notifications in order to
avoid automatic implementation of the above actions.
All payments are non-refundable.