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Terms of Service

Content: All services provided by eVerity, Inc.™ may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret or other statute. The subscriber agrees to indemnify and hold harmless eVerity, Inc.™ from any claims resulting from the use of the service which damages the subscriber or any other party.

Mutual Respect (added March 27, 2008)
eVerity shared hosting customers are expected to be considerate of their neighbors. While you are allowed to use the full cpu included with your hosting plan (between 5% and 25%, depending on which plan), we ask that you do not waste resources needlessly. To be clear, if your site gets a lot of traffic, and you legitimately need to use the full percentage, this is ok, as long as you are at least making an effort to not be wasteful. For example, a script that is grossly inefficient and is being run constantly, could be optimized to use fewer resources. You are expected to optimize and maintain basic security over your account. Failure to do so shows a total disregard for others, and will result in warnings, subsequent suspensions, and eventual termination. If this policy were to be given a name, it would simply be called "The Golden Rule."

Compared to most web hosts, this is a pretty liberal policy. The basic premise is simple: Don't leave 3rd party scripts sitting in your account unless you are going to use them or, at the very least, keep them patched for the latest security updates. Don't run scripts that use a lot of resources unless those scripts have been optimized to accomplish something that is necessary for your web site to function properly.

General Content Guidelines
NOTE: We do allow adult sites, provided that the content thereof is in compliance with 18 U.S.C. 2257, and with 28 CFR 75. Please inform us ahead of time if your site will contain adult content so that it can be hosted on an appropriate server.

Examples of illegal content or links

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

eVerity, Inc.™ will be the sole arbiter as to what constitutes a violation of this provision. Your account is limited to the alotted disk space, bandwidth/data transfer, and cpu resources included with your selected package. In most cases, this is 5% of the server's cpu, unless more is included with the specific plan. eVerity uses relatively powerful servers, so 95% of sites have no problems in this regard.
Bandwidth/data transfer will go unmonitored until you reach the limit specified in your package, at which time it may be necessary to upgrade to the next highest package. If you are already on the highest package, the over-usage rate will be equal to the per GB rate included with your package. In extreme cases, eVerity may move your site to a different server, to reduce the load on the server on which you are currently residing. If your shared hosting account consistently exceeds the limits included with the highest shared package, we will work out a custom solution for you.

Content Guidelines for Plans with Unlimited Disk Space and/or Bandwidth (Transfer)
Unlimited accounts may not...

  • be used for archiving, storage or backup purposes.
  • use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • 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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • Run cron entries with intervals of less than 15 minutes.
  • include the url when using PHP includes. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  • use more than 100,000 inodes. (each file is an inode). Sites using more than 25,000 inodes will be removed from backup systems.
  • run scripts with improper or inefficient coding.
  • allow any individual email account to use more than 2 GB of storage.
  • use resource-intensive programs, software, or scripts.
  • have any file which exceeds 200MB.

Cron Jobs: eVerity™ does allow Cron Jobs to be conducted on our servers.

IRC: eVerity™ does not allow IRC or IRC bots.

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from an eVerity, Inc.™ server or using an email address that is maintained on an eVerity , Inc.™ machine is STRICTLY prohibited. In addition, sites selling or promoting bulk email, or even linking to sites that sell or promote it, are prohibited. eVerity , Inc.™ will be the sole arbiter as to what constitutes a violation of this provision.

eVerity's Shared Hosting packages are intended for the end user only. Shared Hosting customers cannot sublease, subhost, or give away control of any portion of eVerity Network's resources. If you need to host multiple sites for other individuals/ organizations, please consider upgrading to one of our Reseller Packages. We can upgrade your shared hosting account very quickly and easily, with no downtime or loss of data.

Transferability of Accounts
* User accounts ARE NOT transferable. Each individual is limited to ONE user account for life. A user account is created when you register for access to log in to this web site. Registration is free, and never expires.
* Hosting accounts and domain names ARE transferable, from one user account to another. The transfer of a hosting account is purely an administrative change, and will not affect the site itself in any way.
* If you want to transfer a web site to someone else, the proper procedure is as follows.

1) They register for their own user account.
2) You submit a ticket with their email address, authorizing hosting to be transferred.
3) Administrative control of the site is moved to their user account, and they are billed accordingly.
4) The site is removed from your account and billing is stopped immediately.

Invoicing and Payments
By submitting a credit card, User agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions or extras to the account, service charges and/or any other fees. User will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees. User will not receive a refund for any other reason, including but not limited to:

  • late or incorrect cancellation
  • unused time
  • Advanced payment accounts canceled prior to their paid-through date
    (though in this case a credit may be given towards future services.)
  • slow connection caused by client's ISP/network
  • client's ignorance
  • InterNIC delays
  • already having logged in to his or her account many times
  • having used the account for whatever reasons or purposes, or account termination for violation of policies.

    eVerity reserves the right to terminate this agreement, and to delete the Website from its hardware immediately upon the occurrence of any of the following events:

  • Non payment of any charges due from User.
  • Breach of any term or condition of this agreement by User.
  • Commencement of any lawsuit or proceeding against User arising from or relating to its use of the Website, whether or not such suit names Provider as a party or seeks any recovery from eVerity, Inc.
  • Any threat: verbal, legal, physical, financial, or otherwise, initiated by User, against Provider, for any reason.

    CANCELLATION POLICY

    Shared and Semi-dedicated hosting accounts: The only valid method of cancellation is to submit a ticket requesting cancellation of the account. Cancellations must be requested at least 14 days prior to the start of the next billing cycle.
    Dedicated Server accounts: The only valid method of cancellation is to submit a ticket requesting cancellation of the account. Cancellations must be requested at least 30 days prior to the start of the next billing cycle.

    FINES AND FEES

    Late / Reinstatement Fees (shared, semi-dedicated, reseller): eVerity does not charge late fees. However, we do charge a reinstatement fee of $5.00 if your account has to be suspended for non-payment and you want it restored for any reason. We make it very easy to avoid this fee, however. Invoices have a 10 day grace period. (The due date is 10 days after the invoice is generated.) If you do not pay an invoice yourself we will attempt to charge your credit card on file on the last day of the grace period. If you know your payment will not go through, you can log in to our web site and click "Extend Due Date" to extend your due date for up to 10 additional days for a very small fee. You can not extend your due date if payment is already late, however. If your account is so delinquent that it has been terminated for non-payment, there will be an additional $5.00 fee to restore a backup.

    Late / Reinstatement Fees (dedicated servers): Dedicated servers must be paid on time. Due date extensions are not applicable to dedicated servers. If a dedicated server is suspended for non-payment, there will be a $75.00 restoration fee.

    Failure to Cancel Account: If Customer fails to cancel an account, the account will still be charged normal hosting fees, late/reinstatement fees, and any other fees that would normally be assessed up to and following account deactivation/deletion (interest on the balance). Customer agrees to pay these fees regardless of whether or not the account was actually used. The fees will stop being assessed only when the customer formally requests that the account be canceled.

    Disputes: If a credit card was charged in error, and we are unable to prove otherwise, we will cheerfully refund the amount. However, if we are not given a fair chance to prove otherwise (10 days from date of ticket submission), Customer will be fined a $35.00 billing service fee, regardless of who wins the dispute. In other words, Customer agrees to ALWAYS contact us prior to disputing a charge with their financial institution. In the event a charge is disputed without prior notification to eVerity, we reserve the right to immediately delete all of the Customers' accounts, and to pursue collections of any delinquent amount.

    Returned Check Fee When an eCheck transaction is returned by your bank for any reason there will be a $35.00 fee. An eCheck is no different than a regular paper check. Since services are immediately rendered with the assumption that your eCheck will clear, the original amount due plus the fee must be paid in full. If left unpaid, your account will be suspended and eventually terminated. Accounts with delinquent balances for a long period of time will be sent to collections.

    Finance Charges: Any delinquent amount over 1 US Dollar must be paid. eVerity reserves the right to apply finance charges to delinquent amounts, and these amounts will be compounded over time, for a period of 7 years.

    Collection: Unpaid balances to eVerity may adversely affect Customer's credit. If an outside organization is used to collect a delinquent amount from Customer, all outstanding debts will be reported to all applicable credit bureaus. Reports will also be sent to one or more agencies that exist to protect companies providing internet services. Customer understands that being listed with one of these agencies could result in refusal of service from many reputable internet services companies. In addition, customer agrees to pay all costs incurred by eVerity relating to the collection of the delinquent amount owed by Customer, including attorney's fees, court costs, travel expenses, and any and all other expenses incurred by eVerity to collect the delinquent amount. All it takes to prevent this from happening is to respond to the emails we send you, and take action where requested.

    Credit Card Fraud and other illegal violations: We do our best to make the internet a safe marketplace. As such, eVerity will prosecute anyone committing credit card fraud to the fullest extent of the laws of their land. It does not matter what country they live in. We have worked, and will work with local law enforcement agencies in any country to track down those responsible.

    Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited, and will be fined accordingly.

    Refusal of Service: We reserve the right to refuse or cancel service at our sole discretion.

    Terms and Termination, 30 Day Guarantee: (NOT APPLICABLE TO DOMAIN NAMES, SSL CERTIFICATES, OR DEDICATED SERVERS.) Terms and Termination: (30 Day Guarantee) User has 30 days from date of account setup to be eligible for a full refund. All refunds requested with a valid complaint will receive a refund of the charge periods. Specifically from beginning of sign up to month's end and following charged months if the beginning of the month and its charge have fallen in the 30 day period. What constitutes valid complaint shall be determined by eVerity.Com, Inc. in its sole and absolute discretion. Exception: No refund will be given on domain registration fees for any reason. After the 30 day period has ended no refunds will be given on service cancellations for any reason.

    Exception: No refund will be given on domain registration fees, ssl certificates, or dedicated servers for any reason.

    Disclaimer: eVerity.Com, Inc. will not be responsible for any damages your business may suffer. eVerity.Com, Inc. makes no warranties of any kind, expressed or implied for services we provide. eVerity.Com, Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by eVerity, Inc. and its employees. eVerity.Com, Inc. reserves the right to revise its policies at any time without prior notification.

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