TERMS & CONDITIONS
At E-vision., we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These policies are intended to make E-vision 's Service available to all our customers as consistently and efficiently as possible.
All services may be used for lawful purposes only. Through E-vision.'s Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the E-vision. Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
E-vision. is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, E-vision. has the right, but not the obligation, to edit, remove or deny access to such content. E-vision. may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.
Sites that promote any illegal activity or content that may be damaging o E-vision.'s servers or any other server on the Internet are strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
" Pirated Software (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).
" 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, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
Customers may not use the E-vision. 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. E-vision. 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.
Each E-vision. 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. CGI-script sharing with domains not hosted byE-vision. is not allowed.
E-vision. prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. E-vision. does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.
Any account that uses a high amount or unfair 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 or fair level. Fair/unfair will be based on the plan price compared to the percentage of the server the account is consuming.
Background Running Programs
Background daemons in general are prohibited. E-vision. will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
E-vision. currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the E-vision. Network.
Commercial Advertising/Mass Mailings/UCE/SPAM
You must not use the E-vision. Network, E-vision. equipment or any E-vision. email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the E-vision. Network, E-vision. equipment or any E-vision. email address. A message is considered 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. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, without warning, E-vision. reserves the right to disable your domain/terminate your account. In addition, E-vision. may impose a $100 penalty for each spam policy violation. E-vision. solely reserves the right to refuse or cancel service to known spammers. Lastly, E-vision. reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
Violation of indecency and obscenity laws can result in criminal penalties.
Technical Support Boundaries
E-vision. does provide 24/7/365 Technical Support to all its Resellers and direct clients. However, we do not provide support to your clients or your resellers. E-vision. does not provide Technical Support or help with programming, HTML code, custom programming and 3rd Party Software, whether installed or pre-installed on your computer or our server.
Intellectual Property Rights
Material accessible to you through E-vision.'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 the E-vision. Service 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 E-vision.Network. If you use a domain name in connection with the E-vision. Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Domain registration/renewal for domains we register on your behalf. Discounts or free promotions for domain registrations/renewals are extended during your hosting period with us only. Once your hosting account is cancelled or expires, if you choose to change domain registrars or hosting providers, the difference between the amount paid for your domain to us and the actual full cost for the domain at the full price since the original registration date is due before we will release the domain.
Refusal of Service
E-vision. reserves the right at its sole discretion to refuse or cancel service. Violation of any of E-vision.'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
Customer agrees that it will protect, indemnify, save and hold E-vision. harmless from any and all stipulations, liabilities, losses, expenses and claims, including but not limited to reasonable attorney's fees assessed against E-vision., its agents, customers, officers, employees, officers, shareholders, directors 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, officers, shareholders, directors, or assigns. Customer agrees to defend, indemnify and hold E-vision. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with E-vision.'s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright, trademark patent, or other intelluctual property violation and any defective products sold to a customer fromE-vision.'s Services.
Customer agrees that the waiver of any breach, or the failure to enforce these terms and conditions, at any time, shall not in any way affect, limit, or waive the right of E-vision. to thereafter to enforce and compel strict compliance by the other party regarding any of these terms and conditions.
If any one or more sections of these terms and conditions should ever be determined to be illegal, invalid, or otherwise unenforceable by reason of any law, statute, regulation, or public policy, then, to the extent and within the jurisdiction in which the section is illegal, invalid, or otherwise unenforceable, the section shall be limited or severed and deleted from these terms and conditions, and the remaining sections of these terms and conditions shall survive, remain in full force and effect and continue to be binding, and shall not be affected except as may be necessary to make sense of these terms and conditions, and shall be interpreted to give effect to these terms and conditions to retain validity of these terms and conditions.
Governing Law, Jurisdiction, and Venue
The validity, interpretation, construction and performance of this agreement shall be governed by the laws of the State of New Jersey. The New Jersey state courts of Hudson County, New Jersey (or, if there is exclusive federal jurisdiction, the United States District Court for the District of New Jersey) shall have exclusive jurisdiction and venue over any dispute arising out of this agreement, and customers hereby consent to the jurisdiction of such courts.
Customer's Sole Remedy
E-vision.'s entire liability and Customer's exclusive remedy shall be the refund of up to thirty (30) days of service.
Limitation of Liability
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH E-vision. IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY E-vision. OF THE RISK OF CUSTOMER'S CONSEQUENTIAL, PUNITIVIE, SPECIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH CUSTOMER'S USE OF THE SOFTWARE AND DOCUMENTATION. ACCORDINGLY, CUSTOMER AGREES THAT E-vision. SHALL NOT BE RESPONSIBLE TO CUSTOMER FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE SERVICE OR DOCUMENTATION. Any provision herein to the contrary notwithstanding, the maximum liability of E-vision. to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any service delivered to Customer hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to E-vision. by Customer for thirty (30) days of service whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of E-vision. arising out of this agreement. The parties acknowledge that the limitations set forth in this agreement are integral to the amount of consideration levied in connection with the license of the services and documentation and any services rendered hereunder and that, were E-vision. to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
E-vision. offers a money back guarantee on our web hosting services for the first 30 days of service. If you are not completely satisfied with our web hosting services within the first 30 days of service provided, you will be given a full refund of the hosting amount excluding setup fees, domain registration fees and overages.
All payments after the first 30 days of service to E-vision. are nonrefundable regardless of reason or usage. Any incorrect, overcharges or billing disputes must be reported within 60 days of the time the charge occurred. If you dispute a charge to your credit card issuer that, at E-vision.'s sole discretion is a valid charge under the provisions of the TOS, you agree to pay E-vision. an "Administrative Fee" of $100 per dispute.
Customer Requested Cancellation:
Customer agrees to notify us of request to cancel at least 15 days prior to the next bill date. When canceling two (2) or more dedicated servers within any given 30 day period, customer agrees to notify us of request to cancel at least 30 days prior to the next bill date. When canceling ten (10) or more dedicated servers within any given 30 day period, customer agrees to notify us of request to cancel at least 60 days prior to the next bill date.
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our 'Feedback' department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our 'Feedback' department first.
Backups are not included as part of any service. It is the customer's sole responsibility to make backups and save them elsewhere off server. Availability of server backups is not guaranteed and we are not responsible for loss of customer data. Customers are advised to make backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers' to make data backups, download data, download backups, etc.
If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay. Notwithstanding anything to the contrary contained in these terms of service and policies, E-vision. shall not be liable in any manner to the extent its performance is delayed by any event or cause beyond the control of E-vision. including without limitation, fire, explosion, storm, flood, electrical blackout, heat or col, war, rebellion, terrorist act, insurrection, riot, strike, breakdown or accident to machinry, or compliance with the order of any governmental authority.
E-vision. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. E-vision. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. E-vision. DISLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY E-vision. AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. E-vision. RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. Failure to follow any terms and conditions may result in account deactivation or termination without notice. E-vision. furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, E-vision. wishes to emphasize that in accepting services, customers indemnify E-vision. for the violation of any law or E-vision. policy, that results in loss to E-vision. or the bringing of any claim against E-vision.. This means that if E-vision. is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against E-vision., plus costs and reasonable attorneys' fees.
We at E-vision. insure that all personal information submitted to us in processing your order and for billing purposes, etc., including but not limited credit card information, will be kept strictly confidential and used solely by E-vision., its representatives, independant contractors, and employees, for the purposes for which it was intended, for the benefit of the subscriber and which comlpy with all safeguards under federal and applicable state law. We agree not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation or governmental authority. All information provided to us by the subscriber is properly stored and handled at all times by authorized E-vision. staff members only.
Although we try to maintain a very high service availability, the services provided are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
ACCEPTABLE USAGE POLICY
ACCEPTABLE USAGE POLICY This policy is subject to change, without alternate notice, so please check regularly for updates. This policy is in addition, and considered part of E-vision Terms and Conditions. E-vision will be the sole arbiter as to what constitutes a violation of this provision.If you feel you have discovered a violation of any area of our AUP (other than notices of alleged infringement by our customers or any court orders, subpoenas, search warrants, or other legal process, the email address for all of which is "legal@E-vision")
1) Web Hosting
1.1) E-vision reserves the right to suspend or cancel a customer's access to any or all services provided by E-vision, where E-vision decides that the account has been inappropriately used. E-vision reserves the right to refuse service and /or access to its servers to anyone.
1.2) E-vision offers various levels of web space and bandwidth allowance with the different account types. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. MP3 and other large multimedia files are not web-based content. E-vision offers a streaming media service for this type of content. All files, information and mail under the account will be preserved for 30 days from the date the payment is due. If the payment is not received after 30 days, all files, information and mail under the account may be deleted. If the subscriber wishes to reuse/reactivate the service, the subscriber may need to re-apply as a new subscriber, and an activation fee may be required.
1.3) Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed.
1.4) E-vision will disable any domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices:
1.4.1) The primary purpose of any site must be to provide web-based content to viewers. Files on the site must be linked to the web site.
1.4.2) The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered.
1.4.3) Sites must not contain Warez, illegal, immoral or copyright material. The onus is on you the customer to prove that you own the rights to publish material, not for E-vision to prove that you do not.
1.4.4) Sites must not contain MP3 files, as they do not represent active web content. Other multimedia files are acceptable if they are configured to stream to the client rather than download (Please see section 1.2 of this policy).
1.4.5) Sites must not contain password protected archive (e.g. zip or rar) files, or data back ups.
1.4.6) Sites must not contain pornographic or other lewd material. Adult Material includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of E-vision.
1.4.7) Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. When a website is found to be monopolising the resources available E-vision reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby an upgrade option or hosting addition is necessary.
1.4.8) Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
1.4.9) Any E-vision client wishing to utilise our infrastructure with regards to the provision of gaming services are required to provide us with a valid copy of their gaming licence from their licensing jurisdiction. This must be provided to E-vision prior to the activation of any gaming service.
2.1) If E-vision identifies a mailbox or domain that is causing problems; we will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, we will disable email or suspend all services to the domain as appropriate.
2.2) Common issues that cause problems are:
2.2.1) Where a mailbox receives large volumes of undeliverable email.
2.2.2) Where mailboxes have forwarders set to other mailboxes where mail cannot be delivered.
2.2.3) Where mailboxes have forwarders and/or auto-responders that generate circular mail loops.
2.3) You may not use E-vision's Email services for any of the following:
2.3.4) To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene.
2.3.5) To send messages causing annoyance, inconvenience or anxiety to another user of the Internet.
2.3.6) To send messages for the purpose of Fraud and /or with the intention of committing a criminal offence.
2.4) To prevent the sending of bulk unsolicited mail, SMTP traffic to and from a server will be blocked in the following scenarios:
2.4.1) Where we identify a server that has an open mail relay.
2.4.2) Where a significant volume of mail is sent from a domain in a 10-minute period.
2.4.3) Where we have received significant volumes of complaints concerning unsolicited mail originating from a E-vision hosted server.
2.5) To prevent E-visions' IP Addresses being blocked by IP Address blocking, a domain held on E-vision's servers may be disabled:
2.5.1) Where we have received significant volumes of complaints concerning unsolicited mail originating from or unsolicited email being sent to promote sites being hosted on a E-vision server.
3) Managed or Unmanaged Dedicated Servers
3.1) All dedicated server customers are responsible for the activities and security of their server. Servers will be disconnected from the network in the following scenarios:
3.1.1) Any server that attempts network scans or other possible hacking activities.
3.1.2) E-vision believe a server has been compromised.
3.1.3) Where there is a sudden increase in a server's use of network capacity, which impacts other servers on the same network.
4.1) E-vision have a Crime Liaison function and we are committed to assisting, and cooperating with, all law enforcement and government agencies in helping to reduce Internet Crime.
4.2) E-vision will suspend access to an account which:
4.2.1) Contains invalid or fraudulent details.
4.2.2) Initiates a payment card chargeback.
4.3) If E-vision disable a site or server, we will:
4.3.1) Send an E-mail to the account contact, informing them of the suspension - please ensure you use an email address that will be unaffected by any suspensions, to ensure that you are immediately made aware of any changes in your account status.
4.3.2) Provide follow up correspondence during office hours from the appropriate department, detailing the reasons for the suspension and what actions, if any, the contact should take to rectify the situation. 4.3.3) Not re-enable any domain or server that has previously been suspended for similar abuse.
4.3.4) Pass the account to the appropriate department to resolve any outstanding issues such as account balance or closure.
4.4) For less serious cases, such as email problems, the support department will contact you during office hours and inform you of any changes made to your account and the reasons for those changes.
4.5) If an action is taken against a site or server, you must correspond only with our support department via your online control panel or via the communication address given in the notifying e-mail. No other departments are able to discuss the details of an Abuse Investigation.
4.6) Restoration of any and all services suspended during an Abuse Investigation will be considered on a case-by-case basis.
5) Limited Liability
5.1) Any Liability of the company, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or Destruction of or unauthorized access to, alteration of, or use of records, Whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the company for the current month.
5.2) Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
5.3) These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of E-vision Service constitutes acceptance of these Terms and Conditions.
Please note: by signing up for any of our services you agree to be bound by all E-vision's terms and conditions.