Easy Site Builder Terms of
Your Rights and Responsibilities
Easy Site Builder (referred
hereinafter as 'Easy Site Builder", 'our', 'we' and 'us') is a web hosting
firm. All accounts on our web servers are subject to the terms and
conditions described in this document. Under the terms of this
agreement, your placement of information on our servers is an
acknowledgement that you have read, understand, and agree to abide by
the terms and conditions below.
1. User Conduct
may only be used for lawful purposes. Any use of these services, that
violates any laws which may apply to Easy Site Builder, your local
jurisdiction, or any jurisdiction that you or your site may be subject
to, is strictly prohibited. This means that while using the service, you
may not: Post or transmit any unlawful, threatening, abusive,
defamatory, obscene, libelous, offensive, pornographic, indecent,
profane, or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any law. Restrict or inhibit any other user from
using and enjoying the Internet.
Easy Site Builder reserves to the
right to the final decision on what constitutes abuse.
2. Resource Usage,
may not initiate the following on our servers:
any process that requires more than 8Mb of memory, more than 30 CPU
seconds, or use more than 5% of all available system resources at any
time. Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time
on the server. This includes any and all daemons, such as IRCD. Run any
software that interfaces with an IRC (Internet Relay Chat) network. Run
any site with adult-oriented content, including but not limited to any
nude or pornographic material.
Users are also required to
abide by the following: Databases are only to be used for Easy Site Builder-hosted web
sites, and no outside access will be granted. Zero Tolerance Spam
Policy: We take a zero tolerance stance against sending of unsolicited
e-mail, commonly known as spam. Any user who sends out spam will have
their account terminated without notice, this includes reseller and
The spam does not have to originate from Simple
Template’s server to be considered a violation of this policy. Another words, hiring someone else to spam and placing a
link to your domain in the spam that is hosted at Easy Site Builder is
considered a violation.
Template reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with this policy, at its sole discretion. Easy Site Builder also reserves
the right to make any such modifications in an emergency at our sole
You agree to indemnify, defend, and
hold harmless Easy Site Builder from any and all liability, penalties,
losses, damages, costs, expenses, attorneys' fees, causes of action or
claims caused by or resulting indirectly from your use of the service
which damages either you, Easy Site Builder, or any other party or parties
without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account, including
but not limited to domain name selection and Web site content.
4. Refusal or discontinuation of service
Easy Site Builder
reserves the right to refuse or discontinue service to anyone at Simple
Template's sole discretion. Easy Site Builder may deny you access to all
or part of the service without notice if you engage in any conduct or
activities that Easy Site Builder in its sole discretion believes violates
any of the terms and conditions in this agreement. Easy Site Builder
shall have no responsibility to notify any third-party providers of
services, merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of notification.
You agree that
Easy Site Builder has the right to monitor the service electronically from
time to time and to disclose any information as necessary to satisfy
the law, or to protect itself or its subscribers.
Easy Site Builder
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement. Simple
Template also reserves the right to refuse refunds in cases where
Easy Site Builder believes abuse has taken place.
Easy Site Builder makes no warranties or representations,
except the money back guarantee policy, of any kind for the services
being offered. The service is provided on an "as is" and "as available"
basis without warranties of any kind,
either express or implied,
including but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by Easy Site Builder or its agents
or employees shall create a warranty. Easy Site Builder provides no
warranty that the service will be uninterrupted or error free or that
any information, software or other material accessible on the service is
free from viruses or other harmful components. Under no circumstances
shall Easy Site Builder be liable for any direct, indirect, special,
punitive, or consequential damages that result in any way from your use
of or inability to use the service, or for third parties' use of the
service to access your Web, or to access the Internet or any part
thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or transmission,
or any failure of performance. If you are dissatisfied with Simple
Template service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to
discontinue using the service.
You understand that by placing information on Simple
Template' servers that such information becomes available to all
Internet users and that Easy Site Builder has no way of limiting or
restricting access to such information or protecting such information
from copyright infringement. You assume total responsibility and risk
for your use of Easy Site Builder's servers and the Internet. It is solely
your responsibility to evaluate the accuracy, completeness, and
usefulness of all opinions, advice, services and other information, and
the quality and merchantability of all merchandise provided
Easy Site Builder or on the Internet generally.
Your use of the service is at your sole risk. Simple
Template is not responsible for files and data residing on your account.
You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored on
Easy Site Builder servers. You agree not to interfere with the operation of the system. You
further agree not to interfere with the proper operation of other
systems reachable through the Internet, including any attempt at
unauthorized access. You agree to adhere to system policies as published
by Easy Site Builder, including restrictions on services available with
each service type, restrictions on certain features, and all other
policies. Easy Site Builder reserves the right to monitor any and all
communications through or with our facilities. You agree that Simple
Template is not considered a "secure communications medium" for the
purposes of the ECPA, and that no expectation of privacy is afforded.
6. Account-Holder Identification Information
You agree that you as the person
legally responsible for all use of this account are at least 18 years of
age. If you are under 18 years of age, you need to have parental
consent in order to sign up, and the account must be ordered by a parent
or guardian, in their own name. You agree to supply Easy Site Builder
with a current and truthful name, postal address and telephone number
for our records, and you have a continued obligation to keep this
You also agree that you are an authorized user
of any credit card that you supply to us, and you understand and agree
that we have an obligation to fully investigate any possible fraudulent
credit card use.
7. Payment & Other
agree to supply appropriate payment for the services received from
Easy Site Builder, in advance of the time period during which such
services are provided. You agree that until and unless you notify Simple
Template of your desire to cancel any or all services received, those
services will be billed on a recurring basis. cancellation of the
billing cycle is from within your PayPal account is your responsibility.
agreement supersedes any written, electronic, or oral communication you
may have had with Easy Site Builder or any agent or representative
thereof, and constitutes the complete and total agreement between the
parties. In the event that any provision of this agreement is determined
to be invalid or unenforceable, all other provisions shall remain in
full force and effect and said provision shall be reformed only to the
extent necessary to make it enforceable.
Easy Site Builder reserves the right to change this Usage
Policy at any time without prior notification. By placing and continuing
to maintain or place information on Easy Site Builder's servers you are
stating and acknowledging that you have read the aforementioned terms
and conditions and that you understand such terms and
agree to be bound by them. No refund is available for any pre-paid
period. This policy also applies to any additional services such as
overages, disk, bandwidth, maintenance fees, etc.
Payments and Fees:
cards that are declined for any reason are subject to a $1.00
declination fee. Service will be interrupted on accounts that reach 25
days past due. Service interrupted for nonpayment is subject to a $25
reconnect charge. Accounts not paid by due date are subject to a $4.95
All payments to Easy Site Builder are nonrefundable.
All overcharges or billing disputes must be reported within 60 days of
the time the dispute occurred.
The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when due.
Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.