Acceptable Use Policy(AUP)
NO Spamming! NO porno! No Exceptions!
By using our webhosting services, you agree to comply
with our policies. You are expected to use the Internet
with respect, courtesy, and responsibility, giving
due regard to the rights of other Internet users. We
expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable,
and the types of uses which are to be avoided. Common
sense is the best guide as to what is considered acceptable
use. The following are unacceptable uses:
Illegality in any form, including but not limited
to activities such as unauthorized distribution or
copying of copyrighted software, violation of U.S.
export restrictions, harassment, fraud, trafficking
in obscene material, drug dealing, and other illegal
activities.
The provisions of this Policy are intended as guidelines
and are not meant to be exhaustive. Generally, conduct
that violates law, regulation, or the accepted norms
of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. E-Portalworks.com,
Inc. reserves the right at all times to prohibit activities
that damage its commercial reputation and goodwill.
E-Portalworks.com, Inc. servers may be used only for
lawful purposes. Transmission, distribution or storage
of any material in violation of any applicable law
or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used
without proper authorization, and material that is
obscene, defamatory, constitutes an illegal threat,
or violates export control laws. Examples of non-acceptable
content or links: "Pirated software", "Hackers programs
or archives", "Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes
a violation of this provision.
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
include, but are not limited to the following: unauthorized
access, use, probe, or scan of a systems security or
authentication measures, data or traffic. 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 e-mail or a newsgroup
posting.
It is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space,
permits the use of mail services, mail forwarding capabilities, POP
accounts, or auto responders other than for their own account; or
resale of access to CGI scripts installed on our servers.
No one shall post defamatory, scandalous, or private
information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights.
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational
announcements, is expressly prohibited. A user shall
not use another site's mail server to relay mail without
the express permission of the site.
It is contrary to E-Portalworks.com, Inc. policy for
customers to use our servers to effect or participate
in any of the following activities:
- To post to any Usenet or other newsgroup, forum,
e-mail mailing list or other similar group or list
articles which are off-topic according to the charter
or other owner-published FAQ or description of the
group or list.
- To send unsolicited mass e-mailings, if such unsolicited
e-mailings provoke complaints from the recipients;
- To engage in any of the foregoing activities using
the service of another provider, but channeling such
activities through a E-Portalworks.com, Inc. provided
server, or using a E-Portalworks.com, Inc. provided
server as a maildrop for responses;
- To falsify user information provided to E-Portalworks.com,
Inc. or to other users of the service in connection
with use of a E-Portalworks.com, Inc. service.
When E-Portalworks.com, Inc. becomes aware of an alleged
violation of its Acceptable Use Policy, E-Portalworks.com,
Inc. will initiate an investigation (within 24-48 hours).
During the investigation E-Portalworks.com, Inc. may
restrict Customer 's access in order to prevent further
possible unauthorized activity. If the Customer is
found in violation of our SPAM policy, E-Portalworks.com
Inc. may, at its sole discretion, restrict, suspend,
or terminate Customer's account and/or pursue other
civil remedies. Also, E-Portalworks.com, Inc. reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
If such violation is a criminal offense, E-Portalworks.com,
Inc. will notify the appropriate law enforcement department
of such violation.
E-Portalworks.com, Inc. does not issue service credits
for any outages incurred through service disablement
resulting from Policy violations.
The Customer shall be held liable for any and all
costs incurred by E-Portalworks.com Inc. as a result
of the customer's violation of these terms and conditions.
This is including, but is not limited to, attorney
fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news
server violations. First violations will result in
a Cleanup Fee of $250 and the customer's account will
be reviewed for possible immediate termination. A second
violation will result in Cleanup Fee of $500 and immediate
termination of the customer's account. The Customer
who violates this policy agrees to also pay Investigation
Fees of no more than $125 per hour that E-Portalworks.com
Inc. personnel must spend to investigate any violations.
E-Portalworks.com, Inc. reserves the right to add,
delete, or modify any provision of this Policy at any
time without notice. Reporting Network Abuse Any party
seeking to report any violations E-Portalworks.com,
Inc.'s policy may contact via e-mail: abuse@e-Portalworks.comhosting.com
E-Portalworks.com, Inc. dba OurInternet.us
CUSTOMER SERVICE AGREEMENT
This is an agreement between you and E-Portalworks.com
Inc. E-Portalworks.com, Inc. regarding your use of
E-Portalworks.com, Inc.'s computer, interactive information,
communication and server management service. This Agreement
governs the terms and conditions under which E-Portalworks.com,
Inc. makes the services offered by E-Portalworks.com,
Inc. available to individual consumers through a personal
computer or similar access, or to individual consumers
or small businesses in connection with the " E-Portalworks.com,
Inc. " webhosting or similar services. Under this Agreement,
you must comply with E-Portalworks.com, Inc.'s then
current "Acceptable Use Policy," as updated from time
to time by E-Portalworks.com, Inc., which can be viewed
at: http://E-Portalworks.comhosting.com/aup/
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. E-Portalworks.com, Inc. will host an account for
you, the purchaser (hereafter referred to as the Account
Holder), for the Account Holder's chosen domain name,
for the period of time (the Term) corresponding with
the payment plan chosen by the Account Holder. This
contract will be automatically renewed at the end of
the Term and each successive renewal term, unless terminated.
We require notification of non-renewal with at least
30 days notice but not more than 60 days prior to the
renewal date. You must have all account information
to cancel and fill out the form completely that is
located at here ( https://billing.e-Portalworks.comhosting.com/e-Portalworks.com/cancellation.htm
) If you do not provide this notice, you will be charged
for the next terms rate. There are no refunds on a
la carte services, dedicated servers or server colocation.
2. E-Portalworks.com, Inc.'s services are 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.
E-Portalworks.com, Inc. expressly disclaims any representation
or warranty that the E-Portalworks.com, Inc. services
will be error-free, secure or uninterrupted. No oral
advice or written information given by E-Portalworks.com,
Inc., its employees, licensors of the like, will create
a warranty; nor may you rely on any such information
or advice. The terms of this Section will survive any
termination of this Agreement.
3. The Virtual Web Server Internet account and/or
related electronic services can only be used for legal
purposes under all applicable international, federal,
provIncial, and municipal laws. Further, the Account
Holder agrees not to store, transmit, link to, advertise
or make available any images containing pornography.
Violations of these or any other provisions of this
Agreement may result in termination of the services
provided by E-Portalworks.com, Inc., with or without
the grant of a notice or cure period, such notice or
cure period to be granted at the sole discretion of
E-Portalworks.com, Inc. based upon the severity of
the violation. E-Portalworks.com, Inc. reserves the
right to refuse service if any of the content within,
or any links from, the Account Holder's website is
deemed illegal, misleading, or obscene, or is otherwise
in breach of E-Portalworks.com, Inc.'s then current
Acceptable Use Policy, in the sole and absolute opinion
of E-Portalworks.com, Inc.. Notwithstanding anything
in this Agreement, the content of the Account Holder's
website is the sole responsibility of the Account Holder.
The Account Holder agrees to indemnify and hold harmless
E-Portalworks.com, Inc. from any and all claims, losses,
damages, liabilities, judgments, or settlements, Including
reasonable attorney's fees, costs, and other expenses
Incurred by E-Portalworks.com, Inc., (collectively,
Claims) related to or in connection with the content
of the Account Holder's website. The terms of this
Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of
the service furnished and the initial rates and charges
have been communicated to the Account Holder. Account
Holder is aware that E-Portalworks.com Inc. reserves
the right to change the specified rates and charges
from time to time.
5. The Account Holder agrees to follow generally accepted
rules of "Netiquette" when sending e-mail messages
or posting to newsgroups. Account Holder is responsible
for security of its password. E-Portalworks.com, Inc.
will not change passwords to any account without proof
of identification, which is satisfactory to E-Portalworks.com,
Inc., which may Include written authorization with
signature. In the event of any partnership break-up,
divorce or other legal problems that Includes Account
Holder, Account Holder understands that E-Portalworks.com,
Inc. will remain neutral and may put the account on
hold until the situation has been resolved. Under no
circumstances will E-Portalworks.com, Inc. be liable
for any losses Incurred by Account Holder during this
time of determination of ownership, or otherwise. The
Account Holder agrees to indemnify and hold harmless
E-Portalworks.com, Inc. from any and all Claims arising
from such ownership disputes. The terms of this Section
will survive any termination of this Agreement.
6. The Account Holder agrees not to harm E-Portalworks.com,
Inc., its reputation, computer systems, programming
and/or other persons using E-Portalworks.com, Inc.'s
services. E-Portalworks.com, Inc. reserves the right
to select the server for Account Holder's website for
best performance. The Account Holder understands that
the services provided by E-Portalworks.com, Inc. are
provided on a shared server. This means that one website
cannot be permitted to overwhelm the server with heavy
CPU usage, for example from the use of highly active
CGI scripts or chat scripts. If the Account Holder's
website overwhelms the server and causes complaints
from other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate
it's website. E-Portalworks.com, Inc. will refund any
unused portion of prepaid services. If the Account
Holder refuses to comply with this Section, then E-Portalworks.com,
Inc. has the right to terminate the services provided
to the Account Holder without any refunds of the unused
portion prepaid by the Account Holder. The Account
Holder agrees to indemnify and hold harmless E-Portalworks.com,
Inc. and any other Account Holder from any and all
Claims resulting from the Account Holder's use of the
services provided by E-Portalworks.com, Inc. The terms
of this Section will survive any termination of this
Agreement.
7. The Account Holder's rights and privileges under
this Agreement cannot be sold or transferred without
the prior written consent of E-Portalworks.com, Inc.
8. If the Account Holder sells or resells advertising
or webspace to a third party then the Account Holder
will be responsible for the contents of that advertising
and the actions of that third party. E-Portalworks.com,
Inc. has the absolute right to reject any advertising
or other third party content that is illegal, offensive
or otherwise in breach of the then current E-Portalworks.com,
Inc. Acceptable Use Policy. The e-mail distribution
by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED
COMMERCIAL E-MAIL", is expressly prohibited. If the
Account Holder refuses to remove any advertising or
other third party content deemed objectionable by E-Portalworks.com,
Inc., E-Portalworks.com, Inc. may terminate the services
being provided to the Account Holder.
9. E-Portalworks.com, Inc. will use its best efforts
to maintain a full time Internet presence for the Account
Holder. The Account Holder hereby acknowledges that
the network may, at various time intervals, be down
due, but not restricted to, utility interruption, equipment
failure, natural disaster, acts of God, or human error.
In no event shall E-Portalworks.com, Inc. be liable
to the Account Holder for any damages resulting from
or related to any failure or delay of E-Portalworks.com,
Inc. in providing access to the Internet under this
Agreement. In no event shall E-Portalworks.com, Inc.
be liable to the Account Holder for any indirect, special
or consequential damages or lost profits arising out
of or related to this Agreement or the performance
or breach thereof. The aggregate, total liability of
E-Portalworks.com, Inc. under this Agreement, if any,
shall in no event or circumstance exceed the total
amount actually paid by the Account Holder hereunder.
The terms of this Section will survive any termination
of this Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your
prIncipal account. The Account Holder is responsible
for the use of each account, whether used under any
name or by any person, and for ensuring full compliance
with this Agreement by all users of that account. A
E-Portalworks.com, Inc. account may not be transferred
without prior written approval from E-Portalworks.com,
Inc.. The Account Holder is responsible for maintaining
the confidentiality of his/her password. In the event
of a breach of security through the Account Holder's
account, the Account Holder will be liable for any
unauthorized use of the E-Portalworks.com, Inc. services,
Including any damages resulting therefrom, until the
Account Holder notifies E-Portalworks.com, Inc.'s customer
service.
11. If E-Portalworks.com, Inc. assigns the Account
Holder an Internet Protocol address in connection with
the Account Holder's use of the E-Portalworks.com,
Inc. services, the right to use that Internet Protocol
address will remain with and belong only to E-Portalworks.com,
Inc., and the Account Holder will have no right to
use that Internet Protocol address except as allowed
by E-Portalworks.com, Inc. in its sole and absolute
discretion.
12. This Agreement constitutes the entire agreement
between the Account Holder and E-Portalworks.com, Inc.
with respect to the E-Portalworks.com, Inc. services
and supersedes all prior agreements between the Account
Holder and E-Portalworks.com, Inc.. E-Portalworks.com,
Inc.'s failure to enforce any provision of this Agreement
shall not be construed as a waiver of any provision
or right. In the event that a portion of this Agreement
is held unenforceable, the unenforceable portion will
be construed in accordance with applicable law as nearly
as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain
in full force and effect. The terms of this Section
will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes
arising out of this Agreement in a spirit of cooperation
and with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved,
shall be subject to binding arbitration upon the written
demand of either party. Arbitration shall take place
in Fort. Lauderdale, FL. Should any legal action permissible
under this Agreement be instituted to enforce the terms
and conditions of this Agreement, in particular the
right to collect money due on unpaid invoices, the
prevailing party shall be entitled to recover reasonable
attorney's fees and expenses Incurred at both the trial
and appellate levels. The terms of this Section will
survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold
E-Portalworks.com, Inc. harmless from any and all Claims
resulting from or connected with any activities conducted
by the Account Holder. The Account Holder and E-Portalworks.com,
Inc. will promptly notify the other upon receipt of
any Claim or legal action arising out of activities
conducted pursuant to this Agreement. The rights and
responsibilities established in this paragraph will
survive any termination of this Agreement.
15. E-Portalworks.com, Inc. may include the Account
Holder's name and contact information in directories
of E-Portalworks.com, Inc. service subscribers for
the purpose promoting the use of the services by additional
potential clients. However, E-Portalworks.com, Inc.
is not authorized to print the Account Holder's name,
trademarks or other identifying information in any
other advertising or promotional materials without
the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement
shall be governed according the laws of the state of
Florida (excluding its choice of law rules) and the
federal laws of United States applicable therein. The
Account Holder hereby consents to personal jurisdiction
in the federal and provincial courts of Fort. Lauderdale,
Florida for any action arising out of or relating to
the Account Holder's use of the E-Portalworks.com,
Inc. services. The federal and provincial courts of
Fort. Lauderdale, Florida will have exclusive jurisdiction
over all such actions. In any such action, the prevailing
party will be entitled to recover all legal expenses
Incurred in connection with the action, Including but
not limited to its costs, both taxable and non-taxable,
and reasonable attorney's fees. The terms of this Section
will survive any termination of this Agreement.
17. Notices required by this Agreement shall be in
writing and shall be delivered either by personal delivery
or by mail. If delivered by mail, notices shall be
sent by any express mail service; or by certified or
registered mail, return receipt requested; with all
postage and charges prepaid. All notices and other
written communications under this Agreement shall be
addressed to the individuals in the capacities indicated
below, or as specified by subsequent written notice
delivered by the party whose address has changed.
18. Because the Internet is a global communication
tool, and we have clients from nearly every country
in the world it is difficult to dictate what is considered "adult
material." However, it is not our function to discriminate
against those who choose to utilize adult content or
adult related material. This being said, there are
still several reasons why E-Portalworks.com has been
forced to create its no adult sites policy for its
virtual server users.
19. All accounts and services provided by E-Portalworks.com,
Inc. are subject to the current tax rate as imposed
by Fort. Lauderdale, Florida which is currently 6%.
100% of the monthly service charge is subject to the
6% tax rate. 100% of the setup fee is subject to the
6% tax rate. The above applies to all accounts and
services provided by E-Portalworks.com Hosting.
20. E-Portalworks.com, Inc. may temporarily deny service
or terminate this Agreement upon the failure of Account
Holder to pay charges when they become due. Such termination
or denial will not relieve the Account Holder of responsibility
for the payment of all accrued charges, plus reasonable
interest and any collection fees.
- What does E-Portalworks.com consider "Adult Material?"
- Any site whose revenue is gained in part or whole
from its adult content.
- Photos or videos showing frontal nudity on either
men or women for non-scientific or non-artistic purposes.
- Revenue-generating hyperlinks to sites who violate
policy #1.
Bandwidth and Resources
A virtual server is a shared environment where many servers reside
on each particular machine. This being said, consider that an average "adult
site" gets more hits than 100 standard websites. Some of the smaller
adult sites get around 5 GB of transfer per day. With these types
of resources being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our prices to pay for
the additional bandwidth. We strive to keep our servers fast and
inexpensive, and our bandwidth clear; therefore, adult sites are
not an option.
E-Portalworks.com reserves the right
to decide what it considers "adult content", "adult
material", "sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your
site before placing an order.
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