Easy Link Server.com agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Easy Link Server.com's service constitutes acceptance and agreement to Easy Link Server.com's Terms of Service.
Easy Link Server.com reserves the right to modify the Terms of Service without notice.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Easy Link Server.com of any unauthorized use of your account or any other breach of security. Easy Link Server.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Easy Link Server.com. You will not engage in any activity that interferes with or disrupts Easy Link Server.com's services or networks connected to Easy Link Server.com.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Easy Link Server.com will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): Easy Link Server.com has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. 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 the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Easy Link Server.com whether or not the message actually originated from our network.
Mailing Lists: Easy Link Server.com's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Easy Link Server and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Easy Link Server.com's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Easy Link Server.com or Easy Link Server.com's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Easy Link Server does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Easy Link Server routinely monitor the network communications of customer Easy Link Servers as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Easy Link Server. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
You agree that Easy Link Server.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Easy Link Server.com may be turned over to an outside collection agency for collection.
Subscriber is aware that Easy Link Server.com may prospectively change the specified rates and charges from time to time.
Easy Link Server.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Easy Link Server.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.
Uptime Guarantee Easy Link Server.com provides a 99.9% uptime guarantee on all Easy Link Server hardware, and on network connectivity. In any given month, if your Easy Link Server is down for more than 0.1%, you may request a pro-rated credit for the down-time.
Easy Link Server.com, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Easy Link Server.com provides support related to your Easy Link Server virtual server physically functioning. Easy Link Server.com does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Easy Link Server.com does not provide technical support to your customers. Please feel free to check our Frequently Asked Questions, our Community Resources, post to our Community Forums, or ask for help in our IRC channel.
Easy Link Server.com reserves the right to suspend network access to any customer if, in the judgment of the Easy Link Server.com network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Easy Link Server.com chooses. Easy Link Server.com will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Easy Link Server.com reserves the right to terminate service without notice for continued and repeated violations of the terms of service. 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.
If at any time it becomes necessary for Easy Link Server.com to cancel a customer's service without cause, Easy Link Server.com will provide 30 days advance notice.
You may cancel the service at any time by using the "Cancel Account" link located on the "My Accounts" sub-tab of the Easy Link Server Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If Easy Link Server.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Easy Link Server.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Easy Link Server.com in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible. Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Easy Link Server.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Easy Link Server.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Easy Link Server.com. Subscriber further acknowledges that Easy Link Server.com'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 Easy Link Server.com be liable for any special or consequential damages, loss or injury. Easy Link Server.com is not responsible for any damages your business may suffer. Easy Link Server.com does not make implied or written warranties for any of our services. Easy Link Server.com 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 Easy Link Server.com.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Easy Link Server.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Easy Link Server.com shall have the right to terminate all service set forth in this Agreement.
You agree that your use of Easy Link Server.com shall be at your sole risk. All services provided by Easy Link Server.com are available as is, without warranty.
Easy Link Server.com wishes to emphasize that in agreeing to the Easy Link Server.com Terms of Service, customer indemnifies Easy Link Server.com for any violation of the Terms of Service that results in loss to Easy Link Server.com or the bringing of any claim against Easy Link Server.com by any third-party. This means that if Easy Link Server.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Easy Link Server.com, plus all costs and reasonable attorney's fees.
You agree that Easy Link Server.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Easy Link Server.com services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Easy Link Server.com and govern your use of Easy Link Server.com services, superceding any prior agreements between you and Easy Link Server.com for the use of Easy Link Server.com services.
The Terms of Service and the relationship between you and Easy Link Server.com shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Easy Link Server.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Atlantic, New Jersey. Waiver and Severability of Terms
The failure of Easy Link Server.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Easy Link Server.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.