Terms of Service and Authorized Use Permit (TOS & AUP)

EzRabbit (DataBoy) agrees to provide the paying customer with services according to the Terms Of Service and Authorized Use Permit (TOS&AUP) listed below. EzRabbit (DataBoy) reserves the right to add, delete, or modify any provision of this TOS&AUP at any time without notice, so please, check this information at least once a month or when in doubt.

General

1. Usage of EzRabbit services constitutes acceptance and agreement to EzRabbit TOS&AUP. All hosting plans and accounts are subject to the TOS&AUP.
2. All of the terms within EzRabbit TOS&AUP are subject to change and all hosting plans and/or any services are subject to the TOS&AUP.
3. Violators of the EzRabbit TOS&AUP are not eligible for any refunds.

Web Content and SSH Limitations

1. All services provided by EzRabbit may be used for lawful purposes only. EzRabbit has certain legal and ethical responsibilities concerning the use of its server and equipment involved in these services. Webpages or websites related to any form of illegal activities (in violation of any United States Federal, State or City law) are strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses.
2. If webpages or websites related to illegal activities are placed on the customers allocated EzRabbit webspace, their account and/or any other Internet servers may be terminated without notice. No refund is given in this case. If a request is made by law enforcement officers for any of the customer's information (IP address, Phone #, etc.) EzRabbit reserves the right to submit this information to the authorities. All EzRabbit's customers agree to indemnify and hold harmless EzRabbit from any claims resulting from the use of any service that damages the customers or any other party.
3. EzRabbit reserves the right to spotlight any customer's website or webpages (any account) on the EzRabbit website.
4. Webpages or websites that provide pornographic and/or obscene sexually related material and/or links to webpages or websites that provide such content, EzRabbit reserves the right to terminate that users services without notice or warning. No refund is given in this case.
5. Hosting accounts may be terminated that include the following content or which have links to the following content:
   • Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity.
   • Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
   • Displaying material that in any way exploits children under 18 years of age.
   • Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
6. Any sites provided and/or used for IRC-related purposes (this includes, but is not limited to: bot scripts, Site-Based Eggdrops, Chat Bots etc.) can and will have their services terminated by EzRabbit without notice or warning. SSH access is given to the customer with the following in consideration:
   1. It will be used solely for administering your website;
   2. It will not be used to run an IRC server, an Eggbot, a Shoutcast or internet radio station, or any daemon-like software; and
   3. Will not be used as a medium for connecting to any other services (i.e., using SSH to SSH into another server). No background processes will be allowed. No refund is given in this case.
7. Hosting accounts that are accused of serving copyrighted, illegal, or questionable content will immediately be suspended while we conduct a thorough investigation of the website. Notification will be sent as quickly as possible to outline the situation and inform the customer of the problem, violation, or complaint. No refund is given in this case.

Unsolicited Electronic E-Mail

1. Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
   Under certain circumstances, EzRabbit may work with the customer to prevent unauthorized relaying.
2. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
3. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
4. Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
5. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
6. Complaints regarding unsolicited E-Mail from any accounts residing on the EzRabbit webservers are subject to account suspension and possibly remediation. In severe circumstances, the account in question may be terminated and service refused.

Billing, Refunds, and Cancellations

1. EzRabbit offers a thirty (30) day money back guarantee: You can cancel hosting accounts at any time within the thirty (30) days after account setup and EzRabbit will refund your payment. EzRabbit does not refund any setup fees or other subsequent charges. The money back guarantee does not apply to spammers (unsolicited e-mailers, legal or not), adult sites, server abusers or any account on EzRabbit servers that is in violation of any part of the EzRabbit TOS&AUP. Any account on EzRabbit servers that is caught spamming (sending any unsolicited email legal or not), violating any of EzRabbit TOS&AUP, or abusing the server in any way will automatically forfeit the right to any refunds of any monies. Refund processing begins within 24 hours, but, for various reasons, may take up to 1 month to complete.
2. If you need to register your domain, at the present time, registration of a new domain name is done through the registrar of the customer's choice and the fee paid is at the discretion of the registrar. Domain Registration fees are not paid to EzRabbit and are non-refundable.
3. All hosting plans are added to recurring billing and recurring billing is fully automated by our Processing Center payment routine. Subscriptions are charged automatically when the current payment period expires. Other plans are billed prior to expiration. All monetary transactions are in U.S. dollars. Any invoices must be paid within 7 days of payment request. All hosting plans will be given 7 days to make payment, after the date on which payment is due. After a total of 15 days without payment, EzRabbit will remove all information associated with the user's account.
   EzRabbit reserves the right to deny/suspended the customer access to our services at any time until payment is received. Service interrupted for nonpayment is subject to a $10.00 reconnect charge (individual hosting accounts). Reseller hosting accounts that are suspended are subject to a $25.00 reconnection fee. Accounts not paid by due date are subject to a $10.00 late fee.
4. You may cancel the service provided by EzRabbit at any time without cause. As a policy, we do not offer refunds for hosting and/or any services time already expended, or any portion of the current payment month. We will prorate refunds on prepaid accounts past the current payment month, should you want to cancel during the prepaid period. Fees for the entire month are due once the due date is reached and no cancellation has been received. Any setup fees are non-refundable. All monetary transactions are in U.S. dollars. EzRabbit reserves the right to cancel any customer's account without notice or warning if the customer violates any of the EzRabbit TOS&AUP. No refund is given in this case.
5. If you decide not to pay for the next payment period, it must be reported to EzRabbit at least 15 days before the cancellation date (after the first month of service). If it is not reported 15 days before the cancellation date , EzRabbit reserves the right to disregard the dispute or overcharge. The customers must notify EzRabbit in writing when they wish to cancel their accounts and must include in that writing the date they wish to cancel. Notification to EzRabbit of the transfer of the customer's domain name to another hosting provider does not constitute a cancellation as these are often forged without the customer's knowledge. Email is acceptable for the written notice of cancellation to EzRabbit.
6. Any bill disputes or overcharges must be reported to EzRabbit within 7 days of arrival of the invoice. If bill disputes or overcharges are not reported within 7 days of arrival of the invoice, EzRabbit reserves the right to disregard the dispute or overcharge. If you dispute a charge made to your credit card by EzRabbit (DataBoy) and it is found that the charge was valid, you agree that EzRabbit (DataBoy) may charge you a $50 administration fee.
7. If a refund is requested, EzRabbit will first review it. Upon reviewing and accepting, EzRabbit will refund the stated amount within 1 month.

Bulk E-Mail

1. Customers sending more than 2000 pieces of e-mail per day will need to be moved to a special server designed to handle bulk e-mail.
2. There will be an additional Special Server charge of $50.00 per month, in addition to your regular hosting charges if your account is moved to this server

Domains and DNS

1. Domains hosted by EzRabbit must remain actively pointed towards an EzRabbit server. Accounts that do not have any active domains may be considered cancelled, and future account payments will be terminated. No refund is given in this case.
2. Entry into our DNS servers may take 3-5 days to complete. Unforeseen complications may be cause for longer waiting times.
3. If any customer of EzRabbit changes the DNS settings of their domain from the EzRabbit servers, EzRabbit reserves the right to terminate those users services.

Customer Support

1. Customer support is provided free-of-charge to customers of EzRabbit; however, customer support may be denied to any customer who violates the EzRabbit TOS&AUP.
2. Our primary means of communications with clients, including billing and technical support issues, is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We are not responsible if you do not receive any information that has been sent to you via e-mail. You should check your e-mail regularly to make sure you do not miss any important notices.
3. Customer support covers just about everything provided by EzRabbit. It is, however, at EzRabbit's discretion whether or not to provide support on webpages creation, scripting languages, etc. or other questions not directly pertaining to the services provided. Support does not include "open source" programs, such as chat rooms and forums offered via CPanel or other means.

Resource Usage, Security and Data

1. EzRabbit is not responsible for backing up any customer's data. All customers should conduct their own data backups.
2. Any sites that cause a server's security to be breached or utilize an abnormal amount of system resources may be permanently or temporarily shut down while EzRabbit diagnoses the problem. No refund is given in this case.
3. Customers are prohibited from violating or attempting to violate the security of the EzRabbit network/servers or any of its other customers, and should a violation take place, civil or criminal liability may result. EzRabbit will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to:
   • The attempt to login to any machine which the customer is not exclusively paying for;
   • Interfering with any service by ddos attacking, mail bombing or anything else that would be detrimental to the services that EzRabbit provides;
   • Attempting to probe or scan or test vulnerability of any machine on the EzRabbit network;
   • Forgoing any IP address;
   • Taking any action in an attempt to receive services that the customer is not paying for.
   A violation of any of the above may result in immediate removal from the network. No refund is given in this case.
4. Any customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by customer on the order form. EzRabbit will monitor customer's bandwidth and disk usage. EzRabbit shall have the right to take corrective action if customer's bandwidth or disk usage exceeds the agreed usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this TOS&AUP. Which actions may be taken is in EzRabbit's sole and absolute discretion. If EzRabbit takes any corrective action under this section, customer shall not be entitled to a refund of any fees paid in advance prior to such action.

Intellectual Property Rights

1. Material accessible to you through EzRabbit may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information.
2. Except when expressly permitted by the owner of such rights, you must not use EzRabbit or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the EzRabbit network.
3. If you use a domain name in connection with EzRabbit or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Lawful Purpose

1. EzRabbit (DataBoy) reserves the right to refuse service to anyone.
2. Customers may only use EzRabbit servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of EzRabbit (DataBoy) management.
3. Regardless of the place of contracting this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in King County, Washington, and any dispute will be litigated or arbitrated in King County, Washington. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in King County Courts.
4. In no event shall EzRabbit (DataBoy)'s maximum liabillity exceed five hundred ($500.00) Dollars.

Liability and Legal Actions

1. The customer agrees to defend, indemnify, save and hold EzRabbit (DataBoy) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EzRabbit (DataBoy), its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by any EzRabbit (DataBoy) customer, it's agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless EzRabbit (DataBoy) against liabilities arising out of:
   • Any injury to person or property caused by any products sold or otherwise distributed in connection with EzRabbit's server;
   • Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
   • Copyright infringement and any defective products sold to customer from EzRabbit's server.
   This means if EzRabbit (DataBoy) is sued because of a customer or a customer of an EzRabbit's customer's activity, the customer will pay for any and all damages and associated court costs and attorney's fees that EzRabbit (DataBoy) incurs.
2. EzRabbit (DataBoy) will not be responsible for any damages and/or loss your business may suffer. EzRabbit (DataBoy) service is provided on an as is, as available basis without warranties of any kind. EzRabbit (DataBoy) makes no warranties of any kind, expressed or implied for any of our services. EzRabbit (DataBoy) expressly disclaims any representation or warranty that EzRabbit's service will be error-free, secure or uninterrupted. EzRabbit (DataBoy), its employees and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. EzRabbit (DataBoy) disclaims and denies any warranty or merchantability or fitness for a particular and specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EzRabbit (DataBoy) and its employees.
3. The customer acknowledges that the service that is provided can be interrupted for reasons other then the negligence of EzRabbit (DataBoy). The customer agrees that EzRabbit (DataBoy) cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of EzRabbit (DataBoy). The customer also acknowledges that the absolute limit of any liability for anything for any reason to any customer at all can never exceed an amount equivalent to the charges payable by the customer to EzRabbit (DataBoy) during the period in which damages are alleged to have occurred.
4. EzRabbit (DataBoy) takes no responsibility for any material input by others and not posted to the EzRabbit network/servers by EzRabbit. EzRabbit (DataBoy) is not responsible for the content of any other websites linked to the EzRabbit network/servers; links are provided as Internet navigation tools only. EzRabbit (DataBoy) 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 TOS&AUP.
5. EzRabbit customers are solely responsible for all content stored on websites served by your EzRabbit account. Customers are solely responsible for the backup of their own data and for securing their username/password. Customers are ultimately responsible for the actions of their clients; it is advisable that customers develop a similar, or stricter, policy for their clients. Customers must provide EzRabbit with, and keep current, good contact information: e-mail, address, fax, and telephone contacts are used, in that order of preference.
6. EzRabbit (DataBoy) reserves the right to revise its TOS&AUP at any time without notice. Customers must adhere to the policies and changes as they are made.

Other Notes

1. EzRabbit (DataBoy) reserves the right to make any changes to its policies and hosting plans, pricing and features offered at any time as necessary and in no way implies fitness of purpose warranties. EzRabbit (DataBoy) reserves the right to refuse service to anyone.
2. EzRabbit (DataBoy) reserves the right to suspend or determine any customer's account that violates any of TOS&AUP and/or charge an administrative fee (up to $100.00). Such suspension or determination of violation shall be at the sole discretion of EzRabbit.
3. EzRabbit (DataBoy) is the sole arbiter as to what constitutes a violation of the TOS&AUP

This Document Last Modified 01/31/09 10:38