Account Transfers
In certain cases where requested by the client we will transfer your data from
the previous provider to our servers. This will be done with our best efforts,
however, we do not guarantee the transfer process. This courtesy service is
done on an as requested and as available on a case-by-case basis. Each provider
may use different software, configurations, and/or other variables which complicate
or in some cases prevent a smooth transfer. We will provide free transfers when
possible as long as the new environment and control panel are the same as the
old host/server. We will advise you if your free move is not possible and what
the rate will be if you wish us to proceed at that point. We do not guarantee
the transfers will be successful, complete, or done in a certain period of time.
IP Ownership
If we assign a Customer an Internet Protocol address for Customer's use, the
right to use that Internet Protocol address shall belong only to us, and Customer
shall have no right to use that Internet Protocol address except as permitted
by us at our sole discretion in connection with the Services, during the term
of this Agreement. We shall maintain and control ownership of all Internet Protocol
numbers and addresses that may be assigned to Customer by us, and we reserve
the right to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation of IP addresses
is limited by ARIN's new policies.
Service Plans
Business accounts may not resell hosting. All accounts that include endless
disk space will start with no less than 50 GB of disk space quota. You may request
more space via a simple button click in your cpanel when you have used 80% of
your current allowance. Our system will automatically increase your quota and
you can continue to request more every time you reach 80% usage. Clients may
not use this space for anything other than active hosting files, i.e., files
needed for their actual website. It is not to be used to store other data, backups,
or archive files of any kind. Files must be publicly accessible and linked on
your site.
EGN reserves the right to reset the password if the password on file does not
work if we are being direct to by law enforcement or to perform security audits.
Clients must ensure the email, phone number, and passwords on file are current
at all times. EGN reserves the right to audit servers to ensure a secure and
safe network.
Domain Registrations
You are also requesting us to register your site for you when selecting "new
domain" in the order form of our site. EGN will register such services for you
on your behalf but it is your responsibility to ensure the correct name servers
are set for your domain. All domain registrations are NON-REFUNDABLE. You, as
the registrant of the new domain, are required to ensure correct whois information
is maintained at all times.
Pricing
EGN reserves the right to change pricing terms on any accounts and services
at anytime. We will never increase an existing client's account plan pricing.
Billing and Payments
You agree to pay EGN in advance for the services to be rendered. Subsequent
payments are due on the anniversary date of your plans term. You agree that
until and unless you notify us using the proper cancellation form for all services
received, those services are considered active, billable, and will be billed
on a recurring basis. It is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. EGN reserves
the right to bill your credit card or information on file. We are not responsible
for any fees accessed on the client by their bank as a result of the client's
account being invoiced. EGN provides a 5 day grace period from the time invoices
are generated. Service will be interrupted on accounts that are 5 days past
due. Service interrupted for nonpayment will remain disconnected until the account
balance or contract term is paid in full.
Content
You are responsible for any and all content in and under your site or account
at all times. All services provided by us may be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material
in violation of law is prohibited. Use of our services to infringe upon any
copyright or trademark is prohibited.
We do not permit adult content. You are forbidden to store, serve, or contain
any adult materials. We reserve the right to determine the definition of "adult
content" as it pertains to our services.
Any material that, in our judgment, is obscene or threatening is prohibited
and will be removed from our servers with or without notice. This includes but
is not limited to unauthorized copying of movies, music, books, photographs,
or any other copyrighted work. We do not allow any content that may be construed
as offensive or illegal including, but not limited to pirated software, bit
torrents, IRC, Proxies, hacker programs/archives, copyrighted MP3's, Warez,
copyrighted material, trademarks, child pornography or content perceived to
be child pornography, or material protected by trade secrets and other statutes.
Any site found to host perceived child pornography or linking to child pornography
will be suspended immediately without notice and reported to authorities. This
is also true for sites that promote any illegal activity or content that may
be damaging to our servers or any other server on the Internet. Links to such
materials are prohibited.
Fraud
Use of our service to make fraudulent offers to sell or buy products, items,
or services, or to advance any type of financial scam, Adding, removing or modifying
identifying network header information in an effort to deceive or mislead is
prohibited. Attempting to impersonate any person by using forged headers or
other identifying information is prohibited. The use of anonymous re-mailers
or nicknames does not constitute impersonation. Impersonation involves a knowing
misrepresentation or misleading statement, writing or activity made with the
intent that the person receiving it will act upon it.
Attacks and Exploits
Any activity which affects the ability of other people or systems to use any
services or other Internet services. This includes "denial of service" (DOS)
attacks against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited. It is
the client's responsibility to ensure that their server is configured in a secure
manner. A client may not, through action or inaction, allow others to use their
network for illegal or inappropriate actions. Unauthorized entry and/or use
of another company and/or individual's computer system will result in immediate
account termination. We will not tolerate any subscriber attempting to access
the accounts of others, or penetrate security measures of other systems.
Commercial Advertising Email (SPAM)
EGN maintains a zero tolerance spam policy and we adhere to it strictly. Spamming,
or the sending of unsolicited email, from one of our servers or using an email
address that is maintained by us is STRICTLY prohibited and will qualify your
site for immediate deactivation with no refund.
Sites advertised via SPAM (Spamvertised) are not permitted on our network. This
includes, but is not limited to SPAM sent via fax, email, instant messaging,
or usenet/newsgroups. Any account which results in our IP space being blacklisted
will be immediately terminated.
We will be the sole arbiter as to what constitutes a violation of this provision.
Additionally claims investigated by us about spam from any of our users or users
of theirs, will be billed for such work. The clean up fee for such an instance
will be determined by EGN and usually no less than $500 per incident.
Programs/Daemons
We do not allow programs to run continually in the background on shared hosting
servers. This is to minimize system resources used and operational maintenance
needed. IRC: We DO NOT allow IRC or IRC bots on our network. Proxy: We DO NOT
allow proxy services on our network.
Server abuse
Any attempts to undermine or cause harm to any Company server or customer of
ours is strictly prohibited. We hold no responsibility for the use of our clients'
accounts. Any account the abuses resources and actions are not taken to desist,
calls for immediate deactivation without any refund of payments made thus far.
Any site using what we deem to be using excessive cpu cycles or any resources
that cause strain to other sites may also be offered new terms. Use of our service
to access, or to attempt to access, the accounts of others, or to penetrate,
or attempt to penetrate, security measures of our or another entity's computer
software or hardware, electronic communications system, or telecommunications
system.
Security
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee. Therefore,
you must take steps to ensure that others do not gain unauthorized access to
your account. In addition, you may not use your account to breach security of
another account or attempt to gain unauthorized access to another network or
server. Sharing your password and account access with unauthorized users is
prohibited and you will be held responsible for such use. Attempting to obtain
another user's account password is strictly prohibited, and may result in termination
of service. You may not attempt to circumvent user authentication or security
of any host, network or account. Users who violate systems or network security
may incur criminal or civil liability. We will cooperate fully with investigations
of violations of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected criminal
violations.
Resource Usage
If our system administrators determine that a customer's account is utilizing
an unacceptable amount of system resources, we may temporarily deactivate the
account in question to preserve server integrity for other users. We may contact
the client to offer alternative solutions for their accounts and make our best
attempt to keep their account active without degradation to other clients services.
The Company is the sole arbiter as to what constitutes a violation of this provision.
Clients will not use more than 30% of a systems resource for longer than 1 minute
or more than 150,000 inodes on any single account. Every file on a server is
1 inode. Clients reaching or exceeding this limit will be contacted so we can
evaluate their needs and if necessary make other arrangements.
You may not use your account for file storage of other accounts, backups, storing
backups of dvd's, mp3's, or any files larger than 50MB. Large and plentiful
files used in this manner on an active system can cause file system corruption
and lead to not just your own data loss but that of others.
You may not send more than 1000 emails per hour on your accounts. Any emails
over that limit will be discarded. You may batch the emails to stay within limits.
Bandwidth Usage
Your account is provisioned with a monthly bandwidth allowance that varies depending
on the hosting plan you order. If your account exceeds the allocated amount
we reserve the right to suspend the account until the start of the next month,
until you upgrade to a higher plan, or until you purchase more bandwidth. If
you terminate the account you are still responsible and liable for any current
usage and associated fees for the overages. Bandwidth limits on shared aplans
are divided into daily equal limits that reset each night. I.e., 300 GB month
/ 30 days = 10 GB day.
Back-ups and Data Loss
Clients use our services at their own risk. Our server software does create
daily backups for users sites that you may download on your own. We do not store
this file and it is for your own use should you choose to use it. We perform
daily backups on all of our servers to ensure critical files are never lost.
We provide this costly service free with no warranty and only as a courtesy.
Any site using more than 10GB space will be removed from the backup service.
You may opt to purchase backup service for an additional fee. We will not restore
a file any user has accidentally deleted or modified. The back-up restoration
is for emergency procedures only. You are advised to backup all of your own
files to your local drive or additional backup service. If we do have backups
available for your files that you need restored, and if we have the ability
and time to restore the file(s), we will restore the backup freely. We are not
responsible for lost data, time, income or any other resource due to faulty
backups or non-existent back-ups. Backup restoration is NOT a fast process.
Due to the volume of data being stored, compression, and network file transfers,
decompression, restoration, integrity checks, and other variables, the restoration
process of large nodes can sometimes take several days. We highly encourage
everyone to purchase their own separate managed backups from one of our backup
plans if your site or data is critical to your business or livelihood.
Disclaimer
We are not responsible for any claims resulting from the use of our service.
We are not responsible for any damages your business may suffer. We make no
warranties of any kind, expressed or implied for any services. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions regardless of cause. The client acknowledges that
the service provided is of such a nature that service can be interrupted for
many reasons. Therefore, client agrees that the company shall not be liable
for any damages, loss, or injury
Modifications
We reserve the right to revise, amend, or modify these terms and our other policies
at any time and in any manner without notice. If any terms or conditions are
failed to be followed the account in question will be automatically deactivated.
All users are always subject to the newest terms posted here at all times. It
is the end users responsibility to be aware of the latest terms of service and
other policies at all time. All clients understand that a change these terms
by the EGN shall not be grounds for early contract termination or non-payment.
