All users of Eagle Hosting Services services, and all customers upon signing up for
Eagle Hosting Services services, agree to comply with Terms of Use here after known as
the ("TOU").
Eagle Hosting Services The spirit of the TOU is to ensure customers are using Eagle
Hosting Services with due regard to the rights of other Internet users and in conformity
with the requirements of Eagle Hosting Services network environment.
The TOU are not exhaustive and Eagle Hosting Services reserves the right to add.
delete, or modify any provision of its TOU at any time without notice,effective upon either
the posting of the modified TOU to www.eaglehosting services.com , or notification of the
modified TOU. Any complaints about a customer's violation of the TOU should be sent
to, abuse@eaglehostingservices.com.
When you agree to the terms, you are also agreeing to our Billing terms. Click here for
more info on our billing terms.Except when expressly agreed to the contrary in writing by
an authorized , representative of Eagle Hosting Services, this TOU supersedes any other
agreement with Eagle Hosting Services, whether written, oral, by conduct, or otherwise.
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 reduce the resources used to an acceptable level, Eagle Hosting Services will be the sole arbiter of what is considered to be a high server usage level.Please see our abuse terms for a detailed listing of our resources.Any Web Hosting 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 Eagle Hosting Services 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 Eagle Hosting Services server, and selling or distributing software (on a Web site residing on a Eagle Hosting Services server)that facilitates spamming. Violators will face immediate suspension. Eagle Hosting Services reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Eagle Webhosting Services guarantees that your website will be up and running at least
99.9% of the time during any given 12-month period.This guarantee includes network
uptime, serveruptime, web server and service uptime.
It does not cover any areas where eaglewebhostingservices.com has no direct influence,
such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar
issues with subscriber's domain name, connection issues between the client's location
and eaglewebhostingservices.com data center.
This uptime guarantee is also not applicable if the service interruption was caused by
external issues such as Acts of God, Wars or any other natural or unnatural events that
Eagle Hosting Services cannot directly influence.
Eagle Hosting Services does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.Failure to comply will result in immediate SUSPENSION of your Account.
Eagle Hosting 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 Eagle Hosting Services , all Eagle Hosting Services customers certify that they and/or the organization they represent in procuring services from Eagle Hosting Services are not now,nor in the future used for Illegal acts Eagle Web Hosting Service will Cooperate fully with Law Enforcment Agencies.
Eagle Hosting Services customers agree to protect, defend, hold harmless, and indemnify Eagle Hosting Services any third party entity related to Eagle Hosting Services including, without limitation third party vendors and Eagle Web Hosting Services executives directors officers attorneys,managers,employees,consultants,contractors,agents,parent companies,subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments damages, claims, or causes of actions, including, without 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 Eagle Hosting Services services.
Eagle Hosting 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.Eagle Hosting Service expressly disclaims any representation or warranty that the Eagle Hosting Service will be error-free, secure or uninterrupted. No oral advice or written information given by Eagle Hosting Service,its employees, licensors or the like,will create a warranty; nor may you rely on any such information or advice. Eagle Hosting Services 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL EAGLE HOSTING SERVICES (INCLUDING,WITHOUT LIMITATION, EAGLE HOSTING SERVICES EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS MANAGERS, EMPLOYEES, CONSULTANTS CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING,PRODUCING, OR DISTRIBUTING EAGLE HOSTING SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR EAGLE HOSTING 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 EAGLE HOSTING SERVICES EVEN IF EAGLE HOSTING SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EAGLE HOSTING SERVICES TOTAL CUMULATIVE LIABILITY,IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU (TERMS OF USE) OR EAGLE HOSTING SERVICES, INCLUDING, WITHOUT LIMITATION,THOSE FROM ANY NEGLIGENCE,ANY ACT OR "OMISSION " BY " EAGLE HOSTING SERVICES "OR EAGLE HOSTING SERVICES 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.
Eagle Hosting Service may discontinue, upgrade, replace, modify, or change in
any way, without limitation, any software, application, program, data, hardware
equipment, or portions or components thereof, used to provide customers with
Eagel Hosting Services.
Certain changes to Eagle Hosting Services services may affect the operation of
customers' personalized applications and content. Each customer is solely responsible,
and Eagle Hosting Services is not liable, for any and all such personalized applications
and content, except as expressly agreed to by Eagle Hosting Services
Except where Eagle Hosting Services has expressly agreed in writing to the contrary,
customers are solely and entirely responsible, and Eagle Hosting Services 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
Eagle Hosting Services , Eagle Hosting Services servers are also NOT be used as a
backup storage and is only intented for hosting web files.
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
Eagle Hosting Services and its customers. Each of Eagle Hosting Services 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.
We reserve the right to refuse, cancel or suspend service at our sole discretion. All
sub-networks, distributive hosting sites of Eagle Hosting Services must adhere to the
above policies.
We list out a complete and detailed term for our billing terms.Click herefor more
information on our Billing Terms.
You agree that certain services may be provided by third party providers of
Eagle Hosting Services and that your use of such services may be subject to
further agreements, policies, terms, and conditions in addition to those
contained or referenced in this Agreement.
PLEASE NOTE :
BY SIGNING UP FOR EAGLE HOSTING SERVICES IT WILL BE UNDERSTOOD BY
BOTH EAGLE HOSTING SERVICES AND THE CUSTOMER THAT THE "TERMS OF
USE" HAS BEEN READ & UNDERSTOOD BY THE CUSTOMER AND THEREFORE
THE CUSTOMER HEREBY AGREES TO ABIDE BY ALL SECTIONS OF THE TERMS
OF USE .
