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ePerfect †>† Terms & Conditions †>† Terms of Service

Terms of Service

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by ePerfect.net (the "Services"). As used in this Agreement, "ePerfect" means ePerfect.net and "Client", "you", or "your" means you. By signing up for our services, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the ePerfect site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "ePerfect Site" refers to the Site located at the URL http://www.eperfect.net, or any other successor Sites owned or maintained by ePerfect.

1. APPROPRIATE USE OF THE SERVICES

ePerfect provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
  • Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any ePerfect server in connection with Client's use of the Services which:
    • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of ePerfect or any third party;
    • violate any state, federal or foreign laws or regulations;
    • are defamatory, slanderous or trade libelous;
    • are threatening or harassing;
    • are discriminatory based on gender, race, age or promotes hate
    • violate any ePerfect policy posted on the ePerfect Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
    • contain viruses or other computer programming defects which result in damage to ePerfect or any third party.
  • Bandwidth. Client may occupy only the amount of disk space on the ePerfect Server and utilize no more than the network bandwidth that is allotted by ePerfect. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
  • No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at ePerfect, or otherwise, that mentions or reference any domain hosted on ePerfect servers or parked on ePerfect DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
  • Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
  • Back-Up Files. Client will have the ability to reinstate files which are automatically archived by ePerfect; however, ePerfect does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Clientís Control Panel. Extra charges apply for restoring data from backups.
  • Multimedia and/or Software Distribution. Such items have the potential of adversly affecting the quality of service experienced by other sites hosted on the server. ePerfect does not allow systematic distribution of multimedia (images, sound, video, flash, etc) and software files from its servers. Bandwidth consumed by such items can not exceed 20% of the total traffic generated by the web site.
  • Termination. ePerfect reserves the right to refuse service to anyone at any time. ePerfect, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. Any balance due to cancellation for violation of the above, is forfeited. To report any unacceptable behavior by a third party using the Services, please contact ePerfect's abuse department.
2. PAYMENT OBLIGATIONS
  • Prompt Payment. Client must promptly remit payment to ePerfect when it is due. If payment or credit authorization is not received by the date due, ePerfect reserves the right to delete all content from the Clien't website and make it inaccessible to Client. Furthermore, ePerfect shall utilize the services of collection agencies to collect amounts due and also reserves the right to report delinquent accounts to credit bureaus.
  • Domain Names. If Client chooses to register a domain name(s) through ePerfect, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. ePerfect does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
  • The parties agree that in no event shall ePerfect be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless ePerfect from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & CANCELLATION
  • Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect for a period of no less than three (3) months unless otherwise specified by separate agreement (the "Term") or unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon 30-day notice to the other party. If Client is terminating this Agreement, Client must request cancellation by opening a support ticket through ePerfect's secure helpdesk system: https://secure.eperfect.net/helpdesk/. In order for the cancellation request to be processed, Client must supply the last 4 digits of the credit card used to sign up for the account, in order to authenticate the account cancellation request. All Client cancellation requests will become effective 30 days after cancellation notice has been accepted by ePerfect. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement. In case that the Client's continuing usage of the service is jeopardizing the stability of ePerfect's service to other clients, ePerfect reserves the right to immediately terminate this agreement. In no case shall any prepaid fees be refunded to Client. By cancelling this agreement, Client understands and agrees that no prepaid fees shall be refunded to Client either in part or whole.
5. TAXES
Client will pay and indemnify and hold ePerfect harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY
THE SERVICES, THE ePerfect SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE ePerfect SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. ePerfect DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ePerfect SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL ePerfect BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE ePerfect SITE OR ANY ePerfect PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ePerfectís CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE DOLLAR ($1 US).

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by ePerfect. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to itís conflict of law rules. This Agreement and ePerfectís policies are subject to change by ePerfect without notice. Continued usage of the Services after a change to this Agreement by ePerfect or after a new policy is implemented and posted on the ePerfect Site constitutes your acceptance of such change or policy. We encourage you to regularly check the ePerfect Site for any changes or additions.

†††Acceptable Use Policy

†††CGI Abuse Policy

†††UCE / SPAM Policy

†††Privacy Policy


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