Client, You, User - person or entity
ordering web hosting service(s).
EZ Publishing, We - EZ Publishing,
Inc., 1215 21st Street #B, Sacramento, CA 95811
I. Financial Arrangements:
Fees / Fines:
- The Customer agrees to a monthly, three (3) month, or yearly contract,
beginning upon commencement of service.
- If customer signs up for service for a new
domain name which is to be registered by EZ
Publishing, customer agrees to be help responsible
for the non-refundable fee of the registration
period. See section XV for more information.
- This agreement will automatically renew for
successive monthly periods for the life of the
contract until cancelled in writing. Cancellations
MUST be sent by e-mail to
. Customers paying by check or money order will
receive an invoice for charges and payment is
due upon receipt. Customers paying by credit
card or who have submitted their banking information
expressly agree to have their credit card /
bank account billed monthly, every two months
or quarterly for the recurring charges and/or
fines for the life of the contract including
any automatic renewal periods.
- Initial payment is due with the contract.
Monthly payments are accrued on the day that
the account was ordered.
- Client should under no condition have an outstanding
balance. EZ Publishing reserves the right to
suspend accounts with an outstanding balance
of $9.00 or more. A re-instating fee may apply
to all suspended accounts. Please see fees below.
- Client agrees to pay all fees and fines in
addition to the base monthly hosting fee.
- Billing will be done through e-mail only.
Postal invoicing may be available for an additional
- Bank Fee - EZ Publishing reserves the right
to charge a fee of up to $20.00 per bounced
check, credit card decline or bank account bounce.
Client is obligated to pay this fee when required.
- Suspended Accounts - accounts suspended due
to outstanding balances may be fined up to $20.00
in addition to other fines / fees accrued.
- Overseas checks must be payable through a
correspondent bank which is a member of the
Federal Reserve System.
- Spamming - If we get spam complaints against
your account, we reserve the right to charge
$25 per complaint.
- Collection Fee - balances not paid in full
within 30 days of account suspension / cancellation
will compile a 30% collection fee. In addition,
user will be responsible for all actual costs
of collection, including reasonable attorney’s
- Special DNS Modifications - MX changes, CNAME
change requests are subject to fees of up to
$25.00 for each modification.
- Tape Backup - restoring from tape backup may
result in a charge of $100.00.
- Copyright Violations - customer is responsible
for attorneys fees in regards to violations
of Copyrighted material when EZ Publishing is
required take action.
- EZ Publishing shall not be liable for any
taxes or other fees to be paid in accordance
with or related to sales made from the Customer
using EZ Publishing's server. The Customer agrees
to take full responsibility for all taxes and
fees of any nature associated with such products
sold by the Customer.
III. Material and Products:
- The Customer will provide EZ Publishing with
material and data in a condition that is "server-ready",
which is in a form requiring no additional manipulation
on the part of EZ Publishing. EZ Publishing
shall make no effort to validate this information
for content, correctness or usability.
- Use of EZ Publishing's service requires a
certain level of knowledge in the use of Internet
languages, protocols, and software. This level
of knowledge varies depending on the anticipated
use and desired content of the Customer's Webspace
by the Customer. The following examples are
offered: Web Publishing: requires a knowledge
of HTML, properly locating and linking documents,
FTPing Webspace contents, Graphics, text, Sound,
imagemapping, etc.CGI-Scripts: requires a knowledge
of the UNIX environment, TAR & GUNZIP commands,
Perl, CShell scripts, permissions, etc. Autoresponders:
a knowledge of mReply autoresponder, forwarding
mail, use of mail by Customers to receive mail,
- The Customer agrees that he or she has the
necessary knowledge to create the Customer's
Webspace. The Customer agrees that it is not
the responsibility of EZ Publishing to provide
this knowledge or Customer Support outside of
the defined service of EZ Publishing.
- EZ Publishing will exercise no control whatsoever
over the content of the information passing
through the network. EZ Publishing makes no
warranties or representations of any kind, whether
expressed or implied for the service it is providing.
EZ Publishing also disclaims any warranty of
merchantability or fitness for particular purpose
and will not be responsible for any damages
that may be suffered by the Customer, including
loss of data resulting from delays, non-deliveries
or service interruptions by any cause or errors
or omissions of the Customer. Use of any information
obtained by way of EZ Publishing is at the Customer's
own risk, and EZ Publishing specifically denies
any responsibility for the accuracy or quality
of information obtained through its services.
Connection speed represents the speed of a connection
to and do not represent guarantees of available
end to end bandwidth. EZ Publishing expressly
limits its damages to the Customer for any non-accessibility
time or other down time to the pro- rata monthly
charge during the system unavailability. EZ
Publishing specifically denies any responsibilities
for any damages arising as a consequence of
such unavailability. In the event that this
material is not "Server-ready", EZ
Publishing may, at its option and at any time,
reject this material, including but not limited
to after it has been put on EZ Publishing's
Server. EZ Publishing agrees to notify the Customer
immediately of its refusal of the material and
afford the Customer the opportunity to amend
or modify the material to satisfy the needs
and/or requirements of EZ Publishing. If the
Customer fails to modify the material, as directed
by EZ Publishing, within a reasonable period
of time, which shall be determined between the
parties themselves, the Agreement shall be deemed
to be terminated.
- We do not allow Adult Material. Any such material
which is found to violate federal, state or
local law will be removed from EZ Publishing
servers without notice. In addition, violators
will be fined and their accounts cancelled without
- We do not all Spamming or Spamming related
content, violators will be fined and their accounts
may be cancelled.
IV. Trademarks & Copyrights:
- The Customer warrants that it has the right
to use the applicable trademarks, if any.
V. Hardware, Equipment & Software
& IP addresses:
- The Customer is responsible for and must
provide all telephone, computer, hardware and
software equipment and services necessary to
access EZ Publishing. EZ Publishing makes no
representations, warranties or assurances that
the Customer's equipment will be compatible
with the EZ Publishing service.
- All IP addresses are propriety of EZ Publishing.
Domains are propriety of their respective owners.
- Account features such as unlimited bandwidth
is limited to the server capacity.
- You have unlimited bandwidth on your shared
hosting package. Each time a html file, graphic
file or any other element on your web page is
loaded, data transfer is generated. EZ Publishing.s
customers are privileged to be offered unlimited
traffic for their web sites. The intention of
EZ Publishing is to provide a large space to
serve web documents, not an off site storage
area for electronic files. All (90%) of your
web pages (html) must be 'linked' with files
(.GIF, .JPEG, etc.) stored on EZ Publishing.s
server. Web sites that are found to contain
either/or no html documents, a large number
of unlinked files are subject to warning, suspension
or cancellation at the discretion of EZ Publishing
management. Any customer who violates EZ Publishing.s
Policies in abusing either space/site transfer
will be notified and given 2 days to remedy
the problem. If the problem is not resolved
within the allotted period, the web site may
be taken offline.
To maintain the integrity of our shared hosting
service the following limitations apply:
Sites with banners, graphics or cgi scripts
running from their domain used on other domains.
Sites with picture galleries (This is any site
where 50% of the files transferred is graphics)
Sites offering download files or archives. (This
is any site where 50% or more of there monthly
traffic is from file downloads). Sites using
more than 30% of system resources for longer
than 60 seconds. Sites running multimedia files
(QuickTime, Real Audio, Real Video, MP3).
You will receive a notice on Tuesday morning
detailing your bandwidth usage.
You will have 7 days to take action. If you
do not pay for your overages your site will
be disabled within 7 days of your first notice.
EZ Publishing will be the sole arbiter as to
what constitutes a violation of this provision.
- The Customer certifies that he or she is at
least 18 years of age.
VII. Internet Etiquette:
- The Customer may not use EZ Publishing servers
for the purpose of MASS Electronic Junkmail.
The Customer may not use EZ Publishing servers
for excessive computation time inappropriate
for Internet Web servers. The Customer may not
install in her/his account any program which
presents a security problem on that server.
EZ Publishing reserves the right to immediately
cancel any service account which is causing
a disruption of services for other customers.
Electronic forums such as mail distribution
lists and Usenet news groups all have expectations
regarding subject area and appropriate etiquette
for posting. Users of these forums should be
considerate of the expectations and sensitivities
of others on the network when posting material
for electronic distribution. The network resources
of EZ Publishing may not be used to impersonate
another person or misrepresent authorization
to act on behalf of others or EZ Publishing.
All messages transmitted via EZ Publishing should
correctly identify the sender; users may not
alter the attribution of origin in electronic
mail messages or posting. Users must not attempt
to undermine the security or integrity of computing
systems or networks and must not attempt to
gain unauthorized access.
- Customer’s use of EZ Publishing servers
must comply with all current federal, state
and local laws and regulations relating to Electronic
Mail and identification of senders. Violation
of these laws and regulations will result in
cancellation of accounts without notice or any
- EZ Publishing may terminate service under
this Agreement at any time, without penalty,
if the Customer fails to comply with the terms
of this Agreement, including non-payment. EZ
Publishing reserves the right to charge a reinstatement
fee. EZ Publishing reserves the right to refuse
or terminate service to anyone for any reason
including but not limited to overuse of bandwidth,
cpu or memory.
IX. Limited Liability:
- The Customer expressly agrees that use of
EZ Publishing's Server is at the Customer's
sole risk. Neither EZ Publishing, nor its employees,
affiliates, agents, third party information
providers, merchants licensers or the like,
warrant that EZ Publishing's Server service
will not be interrupted or error free; nor do
they make any warranty as to the results that
may be obtained from the use of the Server service
or as to the accuracy, reliability or content
of any information service or merchandise contained
in or provided through the EZ Publishing Server
service, unless otherwise expressly stated in
- Under no circumstances, including negligence,
shall EZ Publishing, its officers, agents or
anyone else involved in creating, producing
or distributing EZ Publishing's Server service
be liable for any direct, indirect, incidental,
special or consequential damages that result
from the use of or inability to use the EZ Publishing
Server service; or that results from mistakes,
omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission
or any failure of performance, whether or not
limited to acts of God, communication failure,
theft, destruction or unauthorized access to
EZ Publishing's records, programs or services.
The Customer hereby acknowledges that this paragraph
shall apply to all content on EZ Publishing's
- Notwithstanding the above, the Customer's
exclusive remedies for all damages, losses and
causes of actions whether in contract, tort
including negligence or otherwise, shall not
exceed the aggregate dollar amount which the
Customer paid during the term of this Agreement
and any reasonable attorney's fee and court
- Our liability on any account is limited to
the amount of money that the customer has paid
us. If we incur legal expenses due to a customer,
we reserve the right to recover these expenses
from the customer. For example, if you have
violated a copyright and we are sued (although
we shouldn't be as an ISP), we will require
you to pay our legal fees.
X. Lawful Purpose:
- The Customer may only use EZ Publishing's
Server for lawful purpose. Transmission of any
material in violation of any Federal, State
or Local law or regulation is prohibited. This
includes, but is not limited to copyrighted
material, material legally judged to be threatening
or obscene, pornographic, profane, material
protected by trade secrets, as well as laws
relating to junk electronic mail and identification
of parties sending electronic mail. This also
includes links or any connection to such offending
- Violations of any provisions in this section
will result in cancellation of Customer’s
accounts without notice and without any refund.
- The Customer agrees that it shall defend,
indemnify, save and hold EZ Publishing harmless
from any and all demands, liabilities, losses,
costs and claims, including reasonable attorneys'
fees, ("Liabilities") asserted against
EZ Publishing, its agents, its customers, servants
officers and employees, that may arise or result
from any service provided or performed or agreed
to be performed or any product sold by the Customer,
its agents, employees or assigns. The Customer
agrees to defend, indemnify and hold harmless
EZ Publishing against Liabilities arising out
of (i) any injury to person or property caused
by any products sold or otherwise distributed
in connection with EZ Publishing's Server; (ii)
any material supplied by the Customer infringing
or allegedly infringing on the proprietary rights
of a third party; (iii) copyright infringement
and (iv) any defective product which the Customer
sold on the EZ Publishing Server.
XII. Contract Revisions:
- Revisions to this Contract will be applicable
to previous Contracts. Revisions will be considered
agreed to by the Customer upon continued use
of EZ Publishing services by Customer.
- The Customer may not transfer this agreement
without the written consent of EZ Publishing.
- TRANSFER OF PRIVATE INFORMATION
a. Customer understands and agrees that should EZ PUBSLISHING elect to cease operating as a web host, EZ PUBLISHING may sell, transfer and/or disclose Customer's account(s) and personal information, including but not limited to billing information that EZ PUBLISHING has in its records to third parties.
b. EZ PUBLISHING agrees to only transfer information identified at Paragraph XVI(2)(a) to entities that will perform the services that EZ PUBLISHING performs for Customer. EZ Publishing further agrees that it will only transfer the information identified at Paragraph XVI(2)(a) to entities who maintain privacy policies consistent with those EZ PUBLISHING maintains for Customer.
c. Nothing in this paragraph shall limit EZ PUBLISHING's right to use Customer's personal information as identified in Paragraph XVI(2)(a) for EZ PUBLISHING's internal marketing purposes, until such time that Customer requests that EZ PUBLISHING cease using their personal information for such purposes. Thus, EZ Publishing may continue to use Customer's personal information even after such time that EZ PUBLISHING transfers Customers information as identified in Paragraph XVI(2) and ceases being Customer's web host.
XV. Complete Agreement
XVI. Domain Names:
- This Agreement constitutes the entire understanding
of the parties. Any changes or modifications
to this Contract thereto are agreed to by both
parties upon renewal of services.
$70.00 for 2 years paid upfront, non-refundable.
$35.00 each concecutive year thereafter payable
in advance of the renewal date and non-refundable
once renewal is completed.
- As consideration for the domain name registration
services provided by EZ Publishing, you shall
pay all applicable initial registration fees
and renewal fees in advance. You will be notified
when renewal fees are due, and it shall be your
responsibility to ensure that such fees are
paid. Should these fees go unpaid by the time
specified in the renewal notice, your registration
will be cancelled. You agree that EZ Publishing
shall have no liability whatsoever with respect
to any such cancellation, and that EZ Publishing
may cancel or reassign the domain name in the
event of delinquency.
- Dispute Policy
In applying for a domain name, you warrant that
the registration is not made in bad faith and
that the name does not conflict with another
domain name. You agree to be bound by the current
Domain Name Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement by
reference. The Dispute Policy can be found at
. Any disputes regarding the right to use your
domain name will be subject to the Dispute Policy.
ICANN may modify the Dispute Policy in its sole
discretion at any time. Your continued registration
of your domain name after modification to the
Dispute Policy becomes effective constitutes
your acceptance of those modifications. If you
do not agree to such a modification, you may
request that your domain name be deleted.
You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at
the time your domain name is challenged by a
third party. You also agree that in the event
a domain name dispute arises with any third
party, you will indemnify, defend and hold EZ
Publishing, all of it's agents and partners
- Use of Your Information
As part of the registration process, you are
required to provide certain information and
to update this information to keep it current,
complete and accurate. This information includes
(i) your full name, postal address, e-mail address,
voice telephone number, and fax number if available;
(ii) the name of an authorized person for contact
purposes in the case of a registrant that is
an organization, association, or corporation;
(iii) the IP addresses of the primary nameserver
and any secondary nameservers for the domain
name; (iv) the corresponding names of those
nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and
fax number if available of the technical contact
for the domain name; (vi) the full name, postal
address, e-mail address, voice telephone number,
and fax number if available of the administrative
contact for the domain name; (vii) the name,
postal address, e-mail address, voice telephone
number, and fax number if available of the zone
contact for the domain name; and (viii) any
remark concerning the registered domain name
that should appear in the Whois data.
You acknowledge that providing inaccurate information
or failing to update information promptly will
constitute a material breach of this Agreement
and will be a basis for cancellation of your
domain name. If you license use of a domain
name to a third party, you remain responsible
for providing your own full contact information
and for providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that EZ Publishing will make
some of the information that you provide during
the registration process available to our domain
registration partners. They in turn will make
it publicly available as required by ICANN,
Internet Corporation for Assigned Names and
- Use Policies
EZ Publishing reserves the right to suspend
or cancel your domain name in the event that
you use the domain name to send unsolicited
commercial advertisements in contradiction to
either applicable laws or customary acceptable
usage policies of the Internet, or if you use
your domain name in connection with unlawful
- Agents and Licenses
You agree that, if your domain name is registered
on your behalf by anyone acting as your agent
(e.g., an Internet Service Provider, employee,
etc.), you are nonetheless bound as a principal
by all terms and conditions provided herein,
including the Dispute Policy.
You agree that if you license the use of your
domain name to a third party, you remain the
domain name holder, and remain responsible for
all obligations under this Agreement.
- Domain names are registered and maintained
by EZ Publishing. All DNS changes, modifications,
payments, etc must be submitted to EZ Publishing.
- A reseller is any customer who has purchased
one or more account(s) on behalf of another
person or entity. EZ Publishing is not liable
for the actions of the reseller. Resellers must
abide to this contract for each account signed
up, either by their reseller order form or the
web based form provided to them by EZ Publishing.
Resellers are responsible for the domain fees
of their clients. See section XV regarding these