EZ Publishing, Inc.
Home  |  Products  |  About  |  Support  |  Careers  |  Contact  |  WebMail »  |  Login »
We make your online venture a success!
Update for Shared Hosting Customers
Home > Legal Agreements
Business Consultants Developers
Legal Agreements
Privacy Policy
PAGE TOOLS
E-Mail This Page
Bookmark This Page
Increase Text Size
Decrease Text Size

Customer, 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:

  1. The Customer agrees to a monthly, three (3) month, or yearly contract, beginning upon commencement of service.
  2. 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.
  3. 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.
  4. Initial payment is due with the contract. Monthly payments are accrued on the day that the account was ordered.
  5. 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.
  6. Client agrees to pay all fees and fines in addition to the base monthly hosting fee.
  7. Billing will be done through e-mail only. Postal invoicing may be available for an additional charge.
Fees / Fines:
  1. 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.
  2. Suspended Accounts - accounts suspended due to outstanding balances may be fined up to $20.00 in addition to other fines / fees accrued.
  3. Overseas checks must be payable through a correspondent bank which is a member of the Federal Reserve System.
  4. Spamming - If we get spam complaints against your account, we reserve the right to charge $25 per complaint.
  5. 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 fees.
  6. Special DNS Modifications - MX changes, CNAME change requests are subject to fees of up to $25.00 for each modification.
  7. Tape Backup - restoring from tape backup may result in a charge of $100.00.
  8. Copyright Violations - customer is responsible for attorneys fees in regards to violations of Copyrighted material when EZ Publishing is required take action.

II. Taxes:

  1. 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:

  1. 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.
  2. 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, etc.
  3. 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.
  4. 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.
  5. 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 advanced notice.
  6. We do not all Spamming or Spamming related content, violators will be fined and their accounts may be cancelled.

IV. Trademarks & Copyrights:

  1. The Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software & IP addresses:

  1. 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.
  2. All IP addresses are propriety of EZ Publishing. Domains are propriety of their respective owners.
  3. Account features such as unlimited bandwidth is limited to the server capacity.
  4. 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.

VI. Age:

  1. The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

  1. 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.
  2. 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 refund.

VIII. Termination:

  1. 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:

  1. 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 this Agreement.
  2. 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 Server service.
  3. 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 costs.
  4. 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:

  1. 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 materials.
  2. Violations of any provisions in this section will result in cancellation of Customer’s accounts without notice and without any refund.

XI. Indemnification:

  1. 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:

  1. 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.

XIII. Transfer:

  1. The Customer may not transfer this agreement without the written consent of EZ Publishing.

XIV. Privacy

  1. EZ PUBLISHING's Privacy policy is more fully identified at www.ezpublishing.com/privacy and shall be incorporated into this agreement by its reference in this paragraph
  2. 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

  1. 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.
XVI. Domain Names:
  1. Fees:

    $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.
  2. 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.
  3. 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 http://www.icann.org/udrp/udrp-policy-24oct99.htm . 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 harmless.
  4. 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 Numbers.
  5. 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 activity.
  6. 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.
  7. Domain names are registered and maintained by EZ Publishing. All DNS changes, modifications, payments, etc must be submitted to EZ Publishing.
XVII. Resellers:
  1. 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 fees.


 
Sign Up
 
©2005-2010 EZ Publishing, Inc.
Home Products and Services About Us Support Careers Contact Us BBB Online Reliability Program
 
 
Quicklinks: Web Hosting | Email Marketing | HTML Email | Private Label Hosting | Small Business Articles