Terms of Service
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Website Hosting Agreement with Eyesock.com. If you engage in any of the activities prohibited by this AUP document Eyesock.com may suspend or terminate your account.
Eyesock’s Acceptable Use Policy (the "Policy") for Eyesock.com’s Website Hosting Services is designed to help protect Eyesock.com, Eyesock's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Eyesock.com. Eyesock.com reserves the right to modify the Policy at any time, effective upon posting at http://eyesock.com/terms/use.html
Prohibited Uses of Eyesock.com Systems and Services:
1. 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.
2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Eyesock's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on Eyesock's servers, is prohibited. Eyesock.com accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Eyesock.com customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any Eyesock.com-hosted domain, or referencing any Eyesock.com account, is prohibited.
4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Eyesock.com customers or end-users by any means or device.
9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Eyesock.com network or on another provider's network.
10. Using Eyesock's Services to interfere with the use of the Eyesock.com network by other customers or authorized users.
Payment Information:
You agree to supply appropriate payment for the services received from Eyesock, in advance of the time period during which such services are provided. You agree that until and unless you notify Eyesock of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Eyesock, it will be your responsibility to ensure that your payment information is correct and up to date, and that all invoices are paid on time. Eyesock provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid in full will result in a $10 late fee and/or an account suspension until the account balance has been paid in full. A $10 reactivation fee will apply for an account that has been suspended.
Invoices that have been paid more than once with multiple Paypal Subscriptions will only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance, please contact sales@eyesock.com
Eyesock reserves the right to change the monthly payment amount and any other charges at anytime.
Disclaimer of warranties:
Eyesock.com makes no warranty, express, implied or statutory, with respect to the services provided hereunder, including without limitation any implied warranty of reliabiity, usefulness, merchantablility, fitness for a particular purpose, noninfringement, or those arising from the course of performance, dealing, usage or trade. By accepting this agreement, you acknowledge that Eyesock neither owns nor governs the actions of any search engine. You also acknowledge that due to fluctuations in the relative competiveness of some search terms, recurring changes in the search engine algorithms and other competitive factors, it is impossible to guarantee number one rankings or consistent top ten rankings, or any other specific rankings for any particular search term.
Customer Responsibility for Customer's Users:
Each Eyesock.com customer is responsible for the activities of its users and, by accepting service from Eyesock.com, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Eyesock.com customer will be forwarded to the Eyesock.com customer's postmaster for action. If violations of the Eyesock.com Acceptable Use Policy occur, Eyesock.com reserves the right to terminate services with or take action to stop the offending customer from violating Eyesock's AUP as Eyesock.com deems appropriate, without notice.
Backup Policy:
You are responsible for your backups and web content.
Your use of this service is at your sole risk. Eyesock is not responsible for files and/or data residing on your account. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups. Customers are responsible for maintaining their own backups on their own personal computers or other computers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Eyesock servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Eyesock.
We make no guarantees about our backups, and we do require a $15 fee to restore the Eyesock backups. If you can provide your own backup file, then the fee is $0, free.
Eyesock does not make any backups on Dedicated Plans. You can partition space on your hard drive for backups, or purchase a new hard drive for backups.
Can I get a refund for downloadable software?
There are NO REFUNDS on downloadable software. Customers should contact CMS Products before purchasing downloadable software if they have any questions regarding the product. Customers should carefully study the product information before purchasing.
Changes to Fees & Charges.
If you purchased the Web Design Services as part of a bundled offering with Website Hosting and are receiving a discount based upon that bundled offer, your
discount may cease and you may be billed the standard rate for the Web Design Services if you cancel the Web Hosting Services in the applicable bundle. Eyesock may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges.
Promotions. You may receive discounts, features, promotions, and other benefits associated with your purchase of the Hosting Services as offered to you in marketing and informational materials, on the Eyesock.com web site. or by staff. Any and all such discounts are provided to you so long as you continue to meet qualification requirements. Upon termination you will be charged for the pro-rated number of days for which you had Services in that billing cycle and, if applicable, you will receive a credit for any balance of payments for Services billed in advance.