Acceptable Use Policy
eBizAlive reserves the right to change this policy any time. eBizAlive provides web hosting to many clients. In order to meet our responsibility to protect each client and to provide the best services possible, the following guidelines have been established.
Payment Policies, Fees, Refunds and Terms of Agreement:
All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax.
Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or
refunds for hosting time already expended. Should you want to cancel prepaid service, refunds are given for full
months unused. You will not receive refunds for current months in use. Upon cancellation we will figure the refund
retroactively withdrawing the discount back to the start date of the contract. This will result in paying full
undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client.
If cancellation is done by eBizAlive due to restrictions violation, there will be no refund. eBizAlive will only
allow for the discount if cancellation is not the fault of the client, as determined by eBizAlive.
We do not refund domain registration fees (InterNIC). We offer a money-back guarantee within 30 days of your account
activation, should we fail to provide satisfactory service. All payments are in $US dollars. eBizAlive reserves
the right to change prices without prior notice.
Account Cancellation:
You can cancel your account at any time without prior notice. There is no cancellation fee.
To cancel your account, please contact Customer Service at support@ebizalive.net.
Indemnification Policy:
You agree to use all eBizAlive services and facilities at your own risk. eBizAlive specifically disclaims all warranties
of merchantability and fitness for a particular purpose. In no event shall eBizAlive be liable for any loss, or loss of
data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold eBizAlive harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorneys fees asserted against eBizAlive, its agents, its customers,
officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless
eBizAlive against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with eBizAlives server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from eBizAliveserver.
eBizAlive shall be the sole judge of what violates this Policy.
Content:
All services provided by eBizAlive may be used for lawfull purposes only. It is strictly prohibited to store any of the following content on our servers. Accounts in violation of our obscenity policy will be deleted without notice, and there are no refunds in the event of terminations like these:
- Pornographic, obscene, content, sex-related merchandising, erotic images, and sites that may infer sexual
content or links to adult content elsewhere.
- Warez sites. This includes pirated software, hacker programs or archives, as well as sites which provide
links to, or how to information on such material.
- Copyrighted works - includes commercial audio, video, or music files.
- Hate/harassing web sites. Sites that are threatening or abusive or that promotes rasicm or hatred, incl. physical harm or violence against any individual or group
- Also prohibited are sites that promote any illegal activity or present content that may be damaging to eBizAlive servers or any other server on the internet. Links to such materials are also prohibited
eBizAlive does not host sites of its competitors or web pages promoting sites of its competitors.
Resource Usage:
Excessive usage of system resources is not allowed on eBizAlive's shared servers, as it degrades a servers performance. We can't allow a few clients to use all the system resources so that all other clients suffers because of it. This applies to all accounts whether or not they are accounts with unlimited domains. Accounts with excessive resource usage may be asked to either upgrade to one of our dedicated server packages or to find an alternative host.
Zero-Tolerance, Anti-Spamming Policy:
eBizAlive is committed to a zero-tolerance, anti-spamming policy. Under this policy, we prohibit spam,
or any unsolicited commercial email, from being sent either: Over the eBizAlive network, by customers
or any other users of the eBizAlive network (including customers' customers); AND/OR over ANY
network if the message sent advertises or mentions a site hosted on the eBizAlive server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an eBizAlive email address or web site URL is prohibited. The use of eBizAlive servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@ebizalive.net
Mailing Lists - Limits of usage:
Mass mailing is not for shared servers and eBizAlive do not host sites that deal with mass email type services. If you need to send a "high-volume" of emails to customers please do not use your accounts SMTP server for this. You could instead outsource the list to a 3rd party provider (List server) who specializes in, and supports, mass mailings, or depending on your needs you might consider getting your own dedicated server.
These limitations have been introduced to ensure a stable platform for all users and they apply to all email accounts, mailing lists and any other program that you use to send email using your ebizalive.net account.
The limitations are as follows. Please note that this is per cPanel account - not per reseller or multiple domain account. So if you, for instance create cPanel user accounts for 5 of your domains in your Webhost Manager (WHM), you could send 5 x 1000 mails per 24 hour period etc.
The total of all emails sent via a mail lists must not exceed the following limits:
- A maximum of 20 emails per minute
- A maximum of 200 emails in one hit
- A maximum of 1000 emails per 24 hour period, per domain.
Violation of these bulk email limits will result in the mail list software being disabled or the account being suspended.
E-mail Accounts - Limits of usage:
Clients are restricted to using POP email accounts within their own organization. Resellers can, off course, resell hosting packages including POP email accounts, but reselling POP email addresses, or using eBizAlive's servers as a platform for providing pure POP email account services are not allowed without legal authorisation from eBizAlive.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any script (CGI, PHP etc.) you wish. eBizAlive does, however, reserve the right to disable any script that affects normal server operation or service to other eBizAlive customers.
The following rules apply to the use of all scripts:
- Any script must not use the processor for more than a few seconds, or it is subject to removal.
- Scripts must not use a large amount of system resources (RAM or processor). If a script consumes a large amount of these resources the account will be subject to immediate suspension until an alternative solution can be reached.
- A script must not be used or referenced from external web sites.
- Scripts which interacts with the hardware, or the servers configuration files, are prohibited on ebizalive.net's servers. Accounts in violation of this policy will be suspended without prior notice.
- Resource incentive scripts (chat room scripts coded in Java or Perl, for instance) are not allowed on eBizAlive's servers.
The reason for these rules is that many accounts are hosted on a server in a shared environment. Therefore we can't allow a few clients to use all the system resources so that all other clients suffers because of it. Excessive use of system resources degrades a servers performance. Everything gets slow and all areas are affected, such as as http (web sites), FTP and more. Clients will also experience more errors than usually and excessive CPU usage can cause the Apache server to disable when the load reaches a certain critical level. The consequence is that no clients can reach their sites, as well as other services on the server.
If you need a recommendation of a script, please open a ticket at the Help Desk.
Third-Party Scripts:
We can assist you setting up scripts and backend databases. But please note that in the end it's your responsibility to consult the software company/programmer where you bought the script. They are the experts as regards to their own scripts and should give support to their own scripts.
Banned Applications Scripts:
These applications are not allowed on the eBizAlive shared servers.
- UltimateBBS (all versions)
- Ikonboard (all versions)
- FormMail (all versions except the secure version v1.9s from www.monkeys.com)
- CgiEmail
- Eggdrops and IRC Bots (PSYBNC, etc.)
- IRC Servers/clients (ircd, etc)
- IRC BNCs (PsyBNC, BNC)
- Network/System Security Auditing Tools
- Exploits
- Daemon Processes
- Game Servers
- Proxy Servers
- nph-proxy
- Web/CGI based telnet servers
- The Anonymizer
- Any Soap Mailers
- Transmission of Unsolicited Email or SPAM
- Portscanning CGIs
- Security Auditing CGIs
- Enom API interface scripts (enom.pl etc.)
Traffic:
99% of all sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or their primary purpose is file distribution. eBizAlive customers are discouraged from storing files that cause excessive traffic on our servers.We reserve the right to refuse, or terminate, service to anyone for any reason not prohibited by law. All accounts are monitored and will be billed $6 for each gig of traffic exceeding the accounts predetermined amount of traffic allowance. Transfer can be monitored at anytime in your Control Panel.
Backups:
Full backups: weekly - Backups of new/changed data: nightly. These backups are made for server restoration purposes only. It is the clients' responsibility to take backup of their own files. This can be done with the "Backup Manager", which is included with each hosting plan (see the control panel). If data is lost, due to an error of eBizAlive, we will attempt to recover the data for no charge to the client. If the loss of data is caused by an action of the client, or due to negligence of clients in securing their account, then we will attempt to recover the most recent archive for a $50.00 fee.
Limitation of Liability:
eBizAlive shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. eBizAlive shall neither be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service.
Refusal of service:
eBizAlive will be the sole arbiter in determining violations of all provisions mentioned on this page. Reports of violations of the above policies should be directed to
abuse@ebizalive.net.
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