Easy Server Management Terms of Service and Acceptable Use Policy
IMPORTANT NOTICE:
All Payments To Easy Server Management Inc for setup fee and monthly services are non-refundable.
Discounts are available to all of our monthly Full Service and Security customers. To be eligible for discounts you must have three or more servers managed by EZSM.
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
Suite 110
1717 Park Street
Naperville, IL 60563
Alternatively you can fax the information to 630-579-1256. 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.
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 regarding the TOS can be sent to csr@easyservermanagement.com