Easiest Web Hosting

Terms of Service

Easiest Web Hosting
Terms of Service

Last updated: December 1, 2010

The use of services from Easiest Web Hosting ("EWH") constitutes agreement to these terms. All references to "You," "Customer," "Subscriber" or "User", whether or not shown in mixed or lower case, apply to you as the purchaser of services from EWH. All references to "Us" or "Our" apply to EWH, whether or not in mixed or lower case.

1. Privacy Policy

You can view our Privacy Policy here.

2. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud.

3. Transfers

In the event you are transferring your site to EWH our team may offer assistance, however, the responsibility for successfully transferring your site is ultimately your responsibility.

4. Lawful Use of Services

All services provided by EWH may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, the United States of America, the Province of British Columbia, and Canada all apply.

5. Use of Service

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@easiestwebhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

EWH services, including all related equipment, networks and network devices are provided only for authorized customer use. EWH systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of EWH system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. EWH may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@easiestwebhosting.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

6. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read http://www.easiestwebhosting/mailpolicy.html for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

EWH reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

EWH reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of EWH.

7. Payment Information

You agree to supply appropriate payment for the services received from EWH, in advance of the time period during which such services are provided or upon such terms as may be otherwise agreed in writing. Unless otherwise agreed, payment shall be via PayPal. You agree that until and unless you notify EWH of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.

As a client of EWH, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify EWH of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by EWH.

EWH reserves the right to change the monthly payment amount and any other charges with reasonable notice.

8. Cancellations

To cancel your account, contact billing@easiestwebhosting.com providing (a) your primary email address (b) your domain name(s), (c) your cPanel username, and (d) your cPanel password. Additional information may be requested. Cancellation will be effective at the end of the month during which your cancellation request is received by EWH.

9. Backups and Data Loss

You are responsible for your own backups of your website and any related data.

10. Resource Usage

User may not:

  1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  8. Run cron entries with intervals of less than 15 minutes.
  9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

Users are strongly recommended to:

  1. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  2. To help reduce usage, do not force html to handle server-side code (like php and shtml).
  3. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

11. INODES

The use of more than 5,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

12. Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

13. Money back Guarantee

Each of EWH's subscriptions carry a 45 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. This does not apply to any web design, administrative, installation, custom software, domain name related, or other fees or charges unless otherwise agreed to in other agreements specific to those items.

EWH will not activate new orders or activate new packages for customers who have an outstanding balance with EWH.

14. Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of EWH dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please contact sales@easiestwebhosting.com with justification. All requests must be made in writing via email.

15. Non-Resale of Services

You may not resell the services you purchase from EWH.

16. Price Change

The amount you pay for the services purchased from EWH will never increase from the date of purchase. For new or different services, subscriptions, or products from EWH, we reserve the right to change prices charged and the right to increase the amount of resources given to plans at any time.

17. Coupons

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Our sales department will review any account found in violation of these policies. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless otherwise specified.

18. Indemnification

You agree to indemnify and hold harmless EWH from any claims resulting from your use of our services. Customer shall defend, indemnify, save and hold EWH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EWH, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EWH against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EWH; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from EWH's server.

19. Governing Law & Arbitration

This Agreement is governed by the laws of the Province of British Columbia except with regard to any conflicts of law provisions. By using any EWH services, you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, will be finally settled by compulsory arbitration in accordance with the Commercial Arbitration Act (British Columbia, Canada). The arbitration shall be held in Vancouver, British Columbia by one arbitrator.

20. Disclaimer

EWH shall not be responsible for any damages your business may suffer. EWH makes no warranties of any kind, expressed or implied for services we provide. EWH disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EWH and its employees.

21. Disclosure to law enforcement

EWH may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

22. Assignment

Customer may not assign (either directly or by operation of law), delegate, or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without EWH's prior written approval. Any attempt to do so without EWH's approval will be void.

23. Severability

If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.

24. Headings

The headings herein are for convenience only and are not a part of this Agreement.

25. Changes to the TOS

EWH reserves the right to revise its policies at any time without notice.