Contents
LAWFUL USE
Personal accounts
are to be used by the primary owner only, account holders
are not permitted to resell, store or give away
web-Hosting services of their website to other parties
even if it was for free or non-profitable.
You are responsible for conforming to all federal, state,
and local laws regarding the Internet and electronic
communication. You must respect the intellectual property
and copyrights of resources provided by others on the net.
You may not participate in any illegal activities while
using your account. You must obey the laws of the United
States and other countries that you communicate with over
the net. We cannot and do not monitor or control traffic
content to/from our service. You are responsible for
keeping your activities legal, and for censoring yourself
and colleagues. Subscribers is not permitted to post any
material that is illegal, libelous, tortuous, or likely to
result in retaliation against e-serves.com. Should the
posted material fall into this category, we reserves the
right to immediately refuse or terminate service.
e-serves.com does not allow any of the following contents
to be stored or linked to from any of its servers:
- Illegal
Material - This
includes copyrighted works, commercial audio, video, or
music files and any material in violation of any Federal,
State or Local regulation.
- Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The
designation of "adult material" is left entirely
to the discretion of e-serves.com.
- Warez - Includes pirated software, ROMS,
emulators, freaking, hacking, password cracking, IP
spoofing, etc., and encrypting of any of the above. Also
includes any sites which provide "links to" or
"how to" information about such material.
e-serves.com does
not allow any of the following contents to be stored or
linked to from any of its servers:
- Online/Offline
Games and Anime Sites : Includes
all online/offline Casinos, Gambling, MUDs, Egg Drop, any
kind of interactive gaming Anime communties, PlayStation
game Forums, news or reviews.
- Portals : Includes any size of portals for any
purpose .
- Streaming Media : we dont allow any kind of
streaming media (legal or illegal) including real audio,
real video, QuickTime, ... we accept the Flash/Shockwave
only as streaming media.
e-serves.com only
allow the servers to be used for World Wide Web Page
Hosting and the only files that should be present are
those necessary for the correct operation of the site in
question.
e-serves.com will terminate any account that contains any
of the above mentioned contents or links without any
warning and without refunding any payments.
"UNLIMITED"
POLICY
High bandwidth usage: e-serves.com
offers an unlimited use policy by maintaining very large
ratios of bandwidth per customer. In rare cases, e-serves.com
may find a customer to be using server resources to such
an extent that he or she may jeopardize server performance
and resources for other customers. In such instances, e-serves.com
reserves the right to impose the High Resource User Policy
for the consideration of all customers.
You can run any CGI and non-CGI scripts you desire,
however we reserve the right to disable any script that
dramatically affects server performance.
We currently do not allow IRC or IRC bots to be operated
on our servers.
We are proud to offer our clients non-restricted data
transfer. This is considered any transfer of information
in the form of text or graphic, directly readable by a web
browser. Our intention is to provide a large storage space
to serve web documents, not an off-site storage area for
electronic files. All web pages (HTML) must be 'linked'
with files (.GIF, .JPEG, etc.) that are stored on our
servers. Web sites that are found to contain either/or no
HTML documents or a large number of unlinked files are
subject to warning, suspension or cancellation at the
discretion of our administration.
As a note, over 85% of our clients never exceed even 2000
megs of total FTP and web page transfer combined, so you
can be assured that our bandwidth is not choked by
numerous 'load-heavy' sites. To further protect the
integrity of our service, any individual site consistently
using 10% or more of the system's resources may be issued
a warning or have its account deactivated.
HIGH RESOURCE
USER POLICY
Resources are defined as
bandwidth and/or processor utilization.
e-serves.com may implement the following policy to its
sole discretion:
When a website is found to be monopolizing the resources
available e-serves.com reserves the right to suspend that
site immediately. This policy is only implemented in
extreme circumstances and is intended to prevent the
misuse of our servers.
DATA AND BACKUP
While we do back
up our system files, we do not back up domain files
uploaded by our subscribers. This means that if you upload
web pages or other personal files to our system, you must
keep a backup on your own machine. Subscribers agree that e-serves.com
has the right to delete all data, files, or other
information that is stored on e-serves.com's servers upon
termination of services, or cancellation of account due to
non-payment or breaking of any of these terms by
subscriber.
UNSOLICITED
ADVERTISING (spam)
Unsolicited
advertising (spam) via E-mail or newsgroups is prohibited
and shall result in immediate account dismissal.
"Spamming", including (but not limited to)
mass-E-mailing, cross-posting, or otherwise causing abuse
to others on the net is prohibited and will be grounds for
account dismissal. Any actions construed to be negligent,
malicious, or a denial-of-service attack is strictly
prohibited.
HOLD HARMLESS
Subscribers will
indemnify and hold e-serves.com harmless (including
officers, employees, agents, and shareholders) of any and
all claims, costs, expenses or liability resulting from
any damage to Subscribers's business, service, equipment,
network, operations, or reputation resulting from e-serves.com's
actions. Indemnification includes, but is not limited to,
any government actions, acts of vandalism or other
retaliation, and any claims of libel, unfair competition,
infringement of any patent, copyright, trademark, service
mark, or other intellectual property right, violation of
privacy, or other tort.
PAYMENT POLICY
All accounts
are set up on a prepay basis. Although e-serves.com
reserves the right to change prices of accounts or
services at any time all pricing is guaranteed for the
period of prepayment.
In order to streamline our accounting procedures and keep
costs down e-serves.com accepts credit cards: Mastercard,
Visa (not Visa electron), Discover and American Express,
and cash transfers by: Western Union or American Express,
in some cases e-serves.com accepts direct payment to its
bank account.
In addition, e-serves.com reserves the right to suspend
other services until the outstanding debt is cleared. The
customer is responsible for all money owed on the account
from the time it was established to the time that the
customer sends a cancellation request, Customer can
request cancellation and non-renewal of his account at
least 7 days before renewal date, e-serves.com will
automatically re-bill your credit card within 7 days
before renewal date, Renewal fees are completely
non-refundable.
CANCELLATION AND
REFUNDS
e-serves.com
reserves the right to cancel the service at any time.
Customer refund
and
money back guarantee requests are to be sent via email to:
refund@e-serves.com and will only be processed in the
cases of service non-performance that might be caused by e-serves.com's
side, Refund requests will be refused if requested for any
cause that is out of e-serves.com's side, For example:
- Domain transfer failure.
- Failure of any third party programs or features that are
not supported or promoted by e-serves.com.
- Customers lack of experience in dealing with web basics
and communication protocols
FRAUD FIGHTING
For Those
Thinking About Committing Fraud :
1. Card fraud is a federal crime and a felony punishable
by heavy fines and jail time. Fraudulent behavior will be
prosecuted aggressively and with a passion to the fullest
extent of the law.
2. The ID and address of your computer and your ISP
provider have been determined, and recorded as a safeguard
against fraudulent behavior and may be used by e-serves.com
or legal entities to prosecute guilty parties.
3. All information must match card account records as
provided by the card-issuing bank. Inputting intentionally
false information is fraud and will not be tolerated and
may subject you to prosecution.
4. Card numbers are transmitted directly to the banking
network for authorization. e-serves.com considers
fraud a direct and serious threat to our business
profitability. We do not take any effort to defraud
lightly and will prosecute whenever and wherever possible
to the fullest extent of the law.
INDEMNIFICATION
Customer
agrees that it shall defend, indemnify, save and hold e-serves.com
harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees
asserted against e-serves.com, 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 e-serves.com against liabilities arising out of:
(1) any injury to person or property caused by any
products sold or otherwise distributed in connection with e-serves.com's
server.
(2) any material supplied by customer infringing or
allegedly infringing on the proprietary rights of a third
party.
(3) copyright infringement.
(4) any defective products sold to customer from e-serves.com
server.
DISCLAIMER
e-serves.com will
not be responsible for any damages your business may
suffer, e-serves.com makes no warranties of any kind,
expressed or implied for services we provide.
e-serves.com disclaims any warranter merchantability or
fitness for a particular purpose. The includes loss of
data resulting from delays, nondeliveries, wrong delivery,
and any and all service interruptions caused by e-serves.com
and its employees.
e-serves.com reserves the right to revise the above
mentioned policies at any time.