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AUP / TOS
Terms Of Service
IMPORTANT NOTICE: *All Payments To EasyServerManagement Inc Are Non-Refundable*
EasyServerManagement Inc. ("The Company") agrees to
furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of EasyServerManagement Inc Service constitutes acceptance and
agreement to EasyServerManagement's AUP as well as EasyServer
Management's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of EasyServerManagement Inc. and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the TOS by
the Company shall not be grounds for early contract termination
or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the United States.
Disclosure to Law Enforcement:
The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition EasyServerManagement Inc shall have the right to terminate all service
set forth in this Agreement.
Service Rates:
Subscriber acknowledges that the nature of
the service furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that the Company
may prospectively change the specified rates and charges from time
to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited
to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent payments are
due on the anniversary date of the month for that month's service.
Payments and Fees:
Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service will be interrupted
on accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a $20 reconnect charge. Accounts not paid
by due date are subject to a $7.95 late fee. Accounts that are not
collectable by EasyServerManagement Inc may be turned over to an outside
collection agency for collection. If your account is turned over
for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150.
If you desire to cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
Refund and Disputes:
All payments to EasyServerManagement Inc,
Inc. are nonrefundable. This includes the one time setup fee and
subsequent charges regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit card issuer that,
in EasyServerManagement's sole discretion is a valid charge under
the provisions of the TOS , you agree to pay EasyServerManagement Inc
an "Administrative Fee" of not less than $50 and not more
than $150.
Failure to Pay:
The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation:
All requests for canceling accounts
must be made in writing with at least 10 days notice but not more
than 30 days prior written notice and sent to
EasyServerManagement Inc.
Attn: Cancellations
227 Bellevue Way NE
Suite PMB 274
Bellevue, WA 98004
or
you can fax the information to 425-458-4882. You can also email
your cancellation request to csr@easyservermanagement.com
You must have all account information to cancel.
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other than
the negligence of the company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore, subscriber
agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the
company. Subscriber further acknowledges that the company's liability
for its own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall the company
Notification of Violation:
EasyServerManagement Inc is under no duty to look at each customer's
or user's activities to determine if a violation of the AUP has
occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
First violation:
Any User, which EasyServerManagement Inc
determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service
may be subject at EasyServerManagement's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
Second Violation:
Users that EasyServerManagement determines
to have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
Suspension of Service or Cancellation:
EasyServerManagement Inc
reserves the right to suspend our services to any customer if in
the judgment of the EasyServerManagement Inc administrators if the
customer is in violation of any of the other terms of the TOS or
for any other reason which EasyServerManagement Inc chooses. If inappropriate
activity is detected, all accounts of the Customer in question will
be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer will not
be credited for the time the customer's machines were suspended.
EasyServerManagement Inc reserves the right to amend its policies
at any time. All Sub-Networks, resellers and managed servers of
EasyServerManagement Inc must adhere to the above policies. Failure
to follow any term or condition will be grounds for immediate Cancellation.
You will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore, it
is in your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use policy.
Indemnification:
EasyServerManagement Inc wishes to emphasize
that in agreeing to the EasyServerManagement Inc Acceptable Use Policy
(AUP) and Terms of Service (ToS), customer indemnifies EasyServerManagement Inc for any violation of the Terms of Service (ToS) that
results in loss to EasyServerManagement Inc or the bringing of any
claim against EasyServerManagement Inc by any third-party. This means
that if EasyServerManagement Inc is sued because of a customer's or
a customer of a customer's activity, the customer will pay any damages
awarded against EasyServerManagement Inc, plus all costs and attorney's
fees.
Miscellaneous Provisions:
You must provide us with, and
keep current, good contact information for you. E-mail, fax, and
telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as
a continuing or subsequent waiver thereof or as a waiver of any
breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign Agreement
at anytime without consent from or notice to Subscriber. Company
reserves right to cancel customers rights under this contract at
anytime without further obligation.
EasyServerManagement Inc is not responsible for the content of any
other websites linked to the EasyServerManagement Inc Network; links
are provided as Internet navigation tools only. EasyServerManagement Inc
disclaims any responsibility for any such inappropriate use and
any liability to any person or party for any other person or party's
violation of this policy.
EasyServerManagement Inc is not responsible for any damages your
business may suffer. EasyServerManagement Inc does not make implied
or written warranties for any of our services. EasyServerManagement Inc
denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by EasyServerManagement Inc.
Any questions reqarding the TOS can be sent to csr@easyservermanagement.com
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