Last Modified - 06/08/2004
A. EbizCraftsman Web Hosting &
Reseller Customer Restrictions
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. EbizCraftsman will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Reseller accounts come with a limit of 5,000 files per account and/or per resellers customer account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US $9.95/month. Any Web Hosting and Reseller account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to EbizCraftsman's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a EbizCraftsman server, and selling or distributing software (on a web site residing on a EbizCraftsman server) that facilitates spamming. Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.
First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that EbizCraftsman personnel must spend to investigate the matter.
EbizCraftsman reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Bulk Email Policy
We also monitor "Bulk E-mail". Any mailing over 2500 messages must be pre-approved. In addition, any email account sending over 500 messages per day will be considered "Bulk". There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. There is a limit of 250 email per hour that each domain can send out through SMTP. EbizCraftsman reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
IP Address Ownership
If EbizCraftsman assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to EbizCraftsman, and Customer shall have no right to use that Internet Protocol address except as permitted by EbizCraftsman in its sole discretion in connection with the Services, during the term of this Agreement. EbizCraftsman shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by EbizCraftsman, and EbizCraftsman reserves 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. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. EbizCraftsman does not permit CGI script sharing with domains not hosted by EbizCraftsman or any scripts that may be abused for UCE purposes.
EbizCraftsman does not allow Web Hosting and Reseller customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. EbizCraftsman provides chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs
EbizCraftsman may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Reseller customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact EbizCraftsman at sales@EbizCraftsman.com so that we can arrange set-up.
EbizCraftsman does not allow IRC or IRC bots to be operated by Web Hosting and Reseller customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services.
Multimedia files are defined as any audio and/or video files. EbizCraftsman Web Hosting and Reseller accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Any database stored on EbizCraftsman's Web Hosting and Reseller servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
SSH access to our server is granted on a limited basis. To obtain SSH access you need to send sales@EbizCraftsman.com a copy of the account holders photo ID. Also include justification to why you need SSH access, we will then determine if we will grant SSH access to you. There are very few vaild reasons for granting SSH access.
phpshell / cgitelnet scripts, like scripts are not allowed at all, for any reason on our servers. Any website found with this script installed will be immeidately terminated. EbizCraftsman reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the EbizCraftsman Network. Violations of system or network security may result in civil or criminal liability. EbizCraftsman will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such user is not entitled.
Attempting to couple many hosting packages together to take advantage
of massive space or bandwidth allocations. Each hosting package purchased
is unique to a domain name and use - please do not purchase multiple "plan
1's" for instance to get the combined bandwidth & space. EbizCraftsman
will stop such transactions and label them as deceptive. We have an upgrade
path for all services and we can often times work out special deals for
users if they ask us for the assistance.
supplement the terms in sections C and D that apply to all EbizCraftsman
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
EbizCraftsman does not allow Dedicated Server customers the use of IRC inside the EbizCraftsman network. If an IRC program is discovered, immediate termination will result without warning.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. EbizCraftsman will monitor Customer's bandwidth and disk usage. EbizCraftsman shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in EbizCraftsman sole and absolute discretion. If EbizCraftsman takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, EbizCraftsman may, at its sole discretion, collect a deposit, in an amount determined by EbizCraftsman, against customer's credit card on file with EbizCraftsman.com.
EbizCraftsman's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating,
or reconnecting customers’ account (including all billing data and
the space on the particular Web server that EbizCraftsman provides to
Ownership of Web Site
The legal owner of customers’ web sites and accounts with EbizCraftsman will be the individual or organization whose name is listed in EbizCraftsman's database as the owner. Customers will fully cooperate with and abide by any and all of EbizCraftsman's security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with EbizCraftsman.
EbizCraftsman servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing EbizCraftsman services, all EbizCraftsman customers certify that they and/or the organization they represent in procuring services from EbizCraftsman are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to EbizCraftsman's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a EbizCraftsman server, and selling or distributing software (on a web site residing on a EbizCraftsman server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. EbizCraftsman reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of EbizCraftsman's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use EbizCraftsman's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All EbizCraftsman customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a EbizCraftsman customer (per the DMCA) to EbizCraftsman must follow the below procedures. Copyright infringement notifications submitted to EbizCraftsman according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at EbizCraftsman's sole discretion.
DMCA Copyright Infringement Notification Requirements:
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for EbizCraftsman to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Mail the notification to: abuse@EbizCraftsman.com
Adult Content and sex-related merchandising are allowed on EbizCraftsman servers. This includes sites that may infer sexual content or provide links to adult content elsewhere.
The use of EbizCraftsman's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. EbizCraftsman is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. 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, or provide links to such sites.
EbizCraftsman is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, EbizCraftsman urges its customers to assume that all of their on-line communications are insecure. EbizCraftsman cannot take any responsibility for the security of information transmitted over EbizCraftsman's facilities. Additional details on privacy and EbizCraftsman's use of customer information can be found in EbizCraftsman's Privacy Statement located at http://company.EbizCraftsman.com/privacy.html
Customers are required to use the EbizCraftsman network responsibly. This includes respecting the other customers of EbizCraftsman. EbizCraftsman reserves the right to suspend and/or cancel service with any customer who uses the EbizCraftsman network in such a way that adversely affects other EbizCraftsman customers. While EbizCraftsman may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, EbizCraftsman does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when EbizCraftsman becomes aware of any violation of the TOU or other user agreements, EbizCraftsman may take any action to stop or correct such violation, including, but not limited to, denying access to EbizCraftsman's services and equipment or to the Internet. In addition, EbizCraftsman may take action against a customer or a customer of such customer because of the activities of such customer. EbizCraftsman anticipates that customers who offer Internet services will cooperate with EbizCraftsman in any corrective or preventive action that EbizCraftsman deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of EbizCraftsman policy and EbizCraftsman reserves the right to take any such action even though such action may affect other customers of the EbizCraftsman customer.
Actions Taken by EbizCraftsman
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. EbizCraftsman will be the sole arbiter as to what constitutes a violation of the TOU. EbizCraftsman reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When EbizCraftsman becomes aware of an alleged violation of its TOU, EbizCraftsman will initiate an investigation. During the investigation, EbizCraftsman may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, EbizCraftsman may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account, or resellers customers account and/or pursue other civil remedies. If such violation is a criminal offense, EbizCraftsman will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. EbizCraftsman does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by EbizCraftsman.
EbizCraftsman customers agree to protect, defend, hold harmless, and indemnify EbizCraftsman, any third party entity related to EbizCraftsman (including, without limitation, third party vendors), and EbizCraftsman's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as EbizCraftsman, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of EbizCraftsman's services.
The EbizCraftsman service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. EbizCraftsman expressly disclaims any representation or warranty that the EbizCraftsman service will be error-free, secure or uninterrupted. No oral advice or written information given by EbizCraftsman, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. EbizCraftsman and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, EbizCraftsman may immediately terminate provision of EbizCraftsman's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against EbizCraftsman in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL EbizCraftsman (INCLUDING, WITHOUT LIMITATION, EQUIVITIY's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS EQUIVITIY, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING EQUIVITIY's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR EQUIVITIY SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY EQUIVITIY SERVICES EVEN IF EQUIVITIY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUIVITIY's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR EQUIVITIY's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY EQUIVITIY OR EQUIVITIY's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
EbizCraftsman may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with EbizCraftsman's services. Certain changes to EbizCraftsman's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and EbizCraftsman is not liable, for any and all such personalized applications and content, except as expressly agreed to by EbizCraftsman.
Backup of Data
Except where EbizCraftsman has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and EbizCraftsman is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with EbizCraftsman services. We will perform nightly backups of your sites, however this is only for use in case of catastrophic incidents, you are responsible to all off site backups. The backups we perform are not available to customers directly.
Third Party Licenses
EbizCraftsman makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, EbizCraftsman makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, EbizCraftsman specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold EbizCraftsman liable in any way for the revocation of any license, which has been licensed to EbizCraftsman. The use of the Technologies obtained from or through EbizCraftsman, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-EbizCraftsman products by EbizCraftsman, its employees, or any third party entity related to EbizCraftsman is for information purposes only and does not constitute an endorsement or recommendation by EbizCraftsman. EbizCraftsman disclaims any and all liabilities for any representation or warranty made by the vendors of such non-EbizCraftsman products or services.
EbizCraftsman's Intellectual Property
Customers will not, without EbizCraftsman's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on EbizCraftsman's web site, and customers will not use any of EbizCraftsman's trademarks, service marks, copyrighted materials, or other intellectual property without EbizCraftsman's express written consent. Customers will not, in any way, misrepresent their relationship with EbizCraftsman, attempt to pass themselves off as EbizCraftsman, or claim that customers are EbizCraftsman.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for EbizCraftsman's services, either in whole or in part, without the prior written consent of EbizCraftsman.
Minimum Age Requirement
EbizCraftsman customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a EbizCraftsman customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for EbizCraftsman services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains EbizCraftsman's express written consent to the contrary. Any acceptance of the TOU or any other agreement for EbizCraftsman's services will be deemed null and void to the extent that EbizCraftsman will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of EbizCraftsman's services.
Governing Law and Severability
The TOU, and any other agreement for EbizCraftsman services, will be governed by and construed in accordance with the laws of the State of Florida, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and EbizCraftsman will take place in Volusia Country, Florida, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other EbizCraftsman agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
EbizCraftsman will not be liable for delays in its performance of the TOU or EbizCraftsman services caused by circumstances beyond EbizCraftsman's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). EbizCraftsman will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for EbizCraftsman services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of EbizCraftsman.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between EbizCraftsman and its customers. Each of EbizCraftsman and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for EbizCraftsman services, constitutes the complete understanding and agreement between EbizCraftsman and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of EbizCraftsman, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for EbizCraftsman services is between EbizCraftsman and its customers only and will not confer any rights in any third party except as otherwise expressly provided by EbizCraftsman.
constitute EbizCraftsman's Billing Policy and apply to ALL EbizCraftsman
All charges are shown in US Dollars. Payments are to be made in US dollars.
EbizCraftsman accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide EbizCraftsman your credit card information, you authorize EbizCraftsman to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account in accordance with EbizCraftsman's Billing Policy in the TOU. You are responsible for directly updating, or notifying EbizCraftsman, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Accounts that are two (2) days past due will be automatically suspended. For resellers if you are (3) days past due all your accounts will be suspended.
Sites suspended for non-payment, may be required to pay up to an entire year in advance before being un-suspended and/or pay a $15.00 re-activation fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by EbizCraftsman may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50, but no more than $150.
Billing Cycles (Terms)
EbizCraftsman offers a monthly Billing Cycles (terms) for hosting charges. After 120 days of on time payments you can request a longer billing term, such as 3, 6 or 12 months. The Billing Cycle begins on the Plan Activation Date.
All additional features added to an account are charged monthly. Additional items are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the original plan/package rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
EbizCraftsman does not mail paper invoices or statements. We will notify you 3 days prior to billing your account, this is a reminder for your records, once your account is billed you will get a email notice of payment from the payment processor.
Credit Card Chargebacks
Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if EbizCraftsman restores your data files to your reactivated account.
Hosting Plan Changes
Customers electing to change to a lower priced hosting plan will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between orginal package plan rate and the new package plan rate.
Upgrading Hosting Plans & Hosting Specials
EbizCraftsman regularly runs specials on hosting and reseller packages. If you have purchased a hosting or reseller package from EbizCraftsman and within the first 30 calendar day's of that account EbizCraftsman offers a special on the same named package or plan that you have purchased you can have your features upgraded or altered to match the features of the special offer.
If you account is older than 30 calendar days, you will have to upgrade your hosting/reseller plan to receive the special and it's additional features. If a hosting and/or reseller plan offers a reduced price anytime after you purchase your account, you will have to upgrade your current plans to receive the special offer pricing and features.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact EbizCraftsman's Billing Team, at sales@EbizCraftsman.com. EbizCraftsman's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by EbizCraftsman a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by EbizCraftsman. EbizCraftsman is unable to cancel your account effective for a future date. EbizCraftsman will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact EbizCraftsman as soon as possible.
If you request to cancel your account within the first 30 days of service and request a refund, we will close your account immediately once the refund is processed.
EbizCraftsman does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to EbizCraftsman's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. EbizCraftsman reserves the right to cancel any account, at any time, without notice, for any reason EbizCraftsman considers appropriate.
30 Day Money Back Guarantee
Each of EbizCraftsman's shared hosting plans and reseller hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration/transfers; dedicated servers; items and services ordered through the reseller program such as, nut not limited to, WHMAutoPilot, ClickCartPro ; domain parking plus; and overage fees.
All plans that include a FREE SSL certificated are required to make payment for their SSL certificate if they cancel their account within the first 90-days of service with EbizCraftsman. Rates for those Certificated will be determined at time of cancellation, and dependent on the type of SSL Certificate which was offered. Any accounts which include special software such as, but not limited to, WHMAutoPilot, or ClickCartPro, and cancel their service within the first 30 days are required to make a one month lease payment for use of that software. This will be deducted from any refund amounts due customer.
Performance and Uptime Guarantee
EbizCraftsman guarantees that the network will be available 99% of the time in a given month, excluding scheduled maintenance and circumstances beyond our control (i.e. down routers, faulty hardware, DoS attacks, web site configuration issues, mis-configured customer scripts and applications, etc.). Therefore after network downtime of 437.76 minutes per month EbizCraftsman Network will refund 100% of the next months hosting fee.
What others host don't tell you.
How is the 437.76 minutes calculated? There are 365 days per year divided by 12 months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24 hours in a day or 1440 minutes in one day. So 30.4 days per month times 1440 minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a month, or 7.2 hours a month.
This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same SLA applies. Both web hosting and dedicated server customers SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, that means if mySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.
To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. Any customer within the EbizCraftsman Network automatically qualifies to participate in this SLA.
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.
Credit Card Disputes/Chargebacks
EbizCraftsman has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at EbizCraftsman's discretion. A charge of $35.00 per chargeback will be assessed to all accounts that receive a chargeback.
EbizCraftsman's policies and prices are subject to change without notice. Any price changes will only affect new accounts, or upgrade/downgraded accounts.
You must provide us with, and keep current, good contact information for you. Address, e-mail, fax, and telephone contacts are used, in that order of preference. In additional, EbizCraftsman will not tolerate any verbal abuse to it's staff and/or customers. If such situations occur EbizCraftsman can and will deactivate your account immediately without refund to the offender.