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.
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.
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
- 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
contain viruses or other computer programming defects which
result in damage to ePerfect or any third party.
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.
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).
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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.
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
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
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
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.
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.
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:
. 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.
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.
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.
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
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