Hosting Terms and Conditions for Shared Hosting and Dedicated ServersThis page describes the terms and conditions for Shared Hosting and Dedicated Servers provided as a service through 01930.com and Everybody's Interactive (Owner and operator of 01930.com). It is the responsibility of the account owner to read and understand the terms and conditions described in this document. Applying for and/or paying for a hosting account with 01930.com or Everybody's Interactive is proof that the account holder has read this document and agrees to it's terms. You may be requested to download, sign and fax a copy of this document back to Everybody's Interactive. Please use this document as a printable version. Any questions or comments regarding this document should be sent to tech@01930.com. To Contact Everybody's Interactive: Everybody's Interactive This page contains:
Summary of Customer Responsibilities
Terms of ServiceAll payments are made in U.S. Dollars. All shared hosting accounts are prepaid for 1 year and payments are non-refundable. Hosting space will be provided for the term of 1 year regardless of the domain name. If, during that period, the client hosting space is used for a domain name other than the original domain name for which the hosting space was provided, the hosting space account will be charged a $50.00 fee for a standard reimplementation. A standard reimplementation is resetting the hosting space to it's original file structure under a new domain name. Extra bandwidth is available at $3 per gigabyte (10^9 bytes) of bandwidth. AUP violations are charged a clean-up fee of $110/hour, $250 minimum. There is a $35 fraud investigation charge for charge card fraud, and a $35 NSF check processing charge for returned checks. Custom staff work is available for $110/hour on a time-available basis. Work performed will be billed at the hourly rate, and is due before or upon completion. No grace period is allowed for payment of balances. Failure to pay balances promptly may result in termination or suspension of service. Termination or suspension of services is under the discretion of 01930.com and Everybody's Interactive management. Copyright on developed code, material and media is explicitly not transferred until full payment of all balances are paid, unless otherwise noted. Proprietary code and other authoring files are not included in the deliverable format that comprise the finished product - unless other wise noted (additional payment and contract required). Payment for any and all monies due may be made by check, credit or charge card (Visa, MasterCard, Discover, or American Express), or by PayPal. Cash may be tendered in person at our offices. Wire transfers are accepted only by pre-arrangement and with the receipt fee paid by the sender. We reserve the right to waive set-up and downgrade fees on a case-by-case basis. Credit/Charge Card Fraud and Chargebacks:Everybody's Interactive does not tolerate Internet credit card fraud. We assume you submit your orders in good faith. We therefore expect that if there is a problem or question about your order, or payment for your order, you will call us at 978.283.6034 first. Charge card fraud is a crime. We expect charge card holders to deny a charge when he or she did not authorize a charge appearing on their bill - we do not expect a charge card holder to use the charge dispute process as an alternate way to close their account or show displeasure about support or services. The denial of a charge tells us that the charge was made fraudulently. We process fraud notifications using the following policy:
If you are not satisfied with your purchase, or the service or support you are receiving, please call us at +1 978.283.6034 so we can resolve the problem. We have a good history of successfully resolving problems with our services and products. Or, you can contact us at tech@01930.com with your problems and concerns. That address is also a good place to start when reporting fraud involving charges to Everybody's Interactive. Acceptable Use PoliciesEverybody's Interactive has the responsibility to provide each of our clients with the best services available to the best of our ability and expertise. Our policies are designed to maximize the availability of all advertised services to our customers. Including you. Hosting accounts that violate our Acceptable Use Policies may be deactivated, without prior notice and without warning. We don't allow:
Everybody's Interactive will be the sole arbiter as to what constitutes a violation of these provisons. At Everybody's Interactive's sole discretion, exceptions may grant exceptions. You agree to indemnify and hold us harmless for any claim, lawsuit, or block-listing that results from your publications, activities, or use of our services, and you further agree to reimburse all expenses incurred by Everybody's Interactive because of your violations of our Terms of Service and Acceptable Use Policy. Everybody's Interactive does not extend any warranty or guarantee with regard to its service offerings; all products and services are offered on a "best-effort" basis. We are not required to give notice before deactivating your use of our services. Many violations of our Acceptable Use Policies and Terms of Service require labor to clean up the resulting mess. We charge violators $110/hour for all staff work to mitigate any effect caused by the violation, with a $250 minimum. Everybody's Interactive reserves the right to filter all incoming and outgoing e-mail by whatever technical means are available to us, including the use of "spam filters", blocking lists, and router ACL entries, to reduce the amount of UBE (spam) our customers see. Everybody's Interactive reserves the right to filter any Internet protocol packets to and from our network, by any means, when in Everybody's Interactive's opinion such packets cause harm to our network, equipment, customers, or other users of the Internet. The computers operated by Everybody's Interactive are "protected computers" as defined in 18 USC 47 section 1030(e)(2)(B) and therefore subject to the protections provided in the "CAN-SPAM Act of 2003" passed by the United States Congress. All computers and network equipment operated by Everybody's Interactive have access to accounts, services, and equipment by customers and other parties controlled by limited-purpose user interfaces and/or by authentication procedures using name and password/passphrase tokens. Access to all equipment and services is permitted only through these two access means. Access by means other than the limited-purpose user interfaces or authentication prodedures is expressly forbidden, and illegal under United States Federal law (18 USC 47 sections 1030 and 1037). Dedicated ServersDedicated Server Accounts have the option of monthly billing. Hardware upgrades after initial setup are $110 per hour with a half hour minimum. Having a server running with us means you must follow the Acceptable Usage Policy (AUP), which can be found here. Servers requiring more bandwidth than the allowed limit can purchase additional bandwidth in bulk. Additional T1's can be added to your server at a rate of $700/each. Plesk PSA version 7.0 is a control panel software that is web based and allows you and your clients to add and remove options. For more info on this product please see sw-soft.com for a Demo Control Panel. Control panel comes pre-configured for 30 domains only. If you require more domains per server please contact our tech staff at tech@01930.com. Bandwidth for each server is figured at 400 gigs per month and is fully brustible to 800 gigs per month. If your server goes over the 400 gigs of bandwidth for the month your account will be billed the additional bandwidth charges at $3/per gig for every gig you go over the allowed amount. Bandwidth is figured at 95th percentile like most other companies. Everybody's Interactive will sample Customer bandwidth utilization every five (5) minutes. At the end of the month, all samples from the month will be organized from highest to lowest. The top 5% of samples are then discarded, and Customer will be billed based on the next highest reading, either inbound or outbound. If it it is a partial month, Everybody's Interactive will bill based off the standard 95th percentile rule for the samples captured during that partial period. Each server is monitored every 15 minutes and can be setup to email or page you if there is a problem. This option can be added for a one time setup fee of $39.95. Please use this document as a printable version. |