This Master Service Agreement shall constitute a binding contractual agreement between Eugene Amador, a freelance web service provider, ("a.k.a. HugePixels"), and the subscriber of services ("Customer"). The Master Service Agreement shall include the Terms and Condition for Web Design and Development, Terms of Service for Web Hosting and Domain Registration, Acceptable Use Policy for Web Hosting, Service Level Agreement for Web Hosting and the Privacy Policy. The usage of “I”, “us”, “we”, “our”, “ours” shall constitute reference to the service provider (Eugene Amador), the usage of “you”, “your”, “they”, “them” shall refer to (Customer). Customer agrees to be bound to all relevant service agreements found herein
Note: Eugene Amador reserves the right to revise its policies at any time without notice. It is the Customer’s responsibility to review Eugene Amador's policies on a frequent basis to ensure compliance. Changes requested by Customer to any of these agreements must be agreed to in writing by Eugene Amador.
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TABLE OF CONTENT
1. Terms and Condition (Web Design and Development)... Page 02 - 03 2. Terms of Service (Web Hosting and Domain Registration)... Page 04 - 10 3. Acceptable Use Policy (Web Hosting)... Page 11 - 12 4. Service Level Agreement (Web Hosting)... Page 13 5. Privacy Policy... Page 14
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- PLEASE READ THIS DOCUMENT CAREFULLY -
MASTER SERVICE AGREEMENT
by Eugene Amador – Freelance Web Service Provider
For questions/concerns, please e-mail:
Terms and Conditions
Web Design and Development
WEBSITE AND CONTENT
1. Customer and Eugene Amador agrees not to provide contents that (a) infringes on any third party intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. Customer and Eugene Amador, agrees to comply with all applicable local/national and international laws. Eugene Amador reserves the right to refuse any content or subject matter it deems inappropriate. 2. Customer is required to sign / acknowledge the completion notice along with the final payment. The
completion notice will state that your website was delivered complete, functional and has NO illegal content or links.
3. Eugene Amador cannot be held responsible for any content or links in the Customers’ website that he thinks is acceptable to the law while developing the website; However, resulted to illegal concern after the website was publish.
4. Customer gives Eugene Amador artistic freedom and use of any available technology in the development of the website. The website will be made available for Customer to view prior to live hosting for purposes of editing for corrections to content only. Editing beyond correction of content will be considered as additional services.
5. Flash animations can be requested for additional charge. The Flash animation fee will depend on the complexity of the animation or presentation.
6. Modification of the website is strictly NOT allowed without the consent of Eugene Amador. All support and warranty are automatically revoked if any of the pages are modified by the Customer.
7. All text and images must be supplied in a suitable electronic format.
8. Eugene Amador cannot guarantee search engine acceptance and/or ranking, as these are under control of the search engine companies.
DOMAIN REGISTRATION & WEB HOSTING
1. The domain registration and web hosting are optional services that can be included on the project. If they are NOT stated on the approved proposal agreement then the services are NOT included.
2. It is your right as a Customer, to transfer/cancel the domain and web hosting at anytime. However, you will not be refunded to any of the services mentioned.
NOTIFICATION, PAYMENT AND COMPLETION
1. Any changes the Customer makes to any contact details, Eugene Amador would need to be notified as soon as possible to keep my details up to date when it comes to sending out notifications.
2. Invoices will be sent via e-mail only. It is important that my e-mail address is on your safe list.
3. All prices are subject to change at anytime. Current Customers would be notified of any changes in advance.
4. 1,000 Php Conceptualization Fee is required upon sign-up. The amount is required since Eugene Amador will develop two (2) customize design for your company for your approval. This is non refundable even you decided not to continue the project or you just simply dislike the concept. Eugene Amador is charging for conceptualization fee since there is no way that he (“Eugene Amador”) can identify your honest hesitation after you received the proposed design or concept. Conceptualization fee is deductible on the total cost if you continue the project.
5. The initial 50% fee is non refundable, unless the customer requests to cancel the services within 24 hours after the approval of final design and layout.
6. Once you received the invoice, you must pay in full the stated amount within 5 working days. Failure to make payment within 5 working days will incur a penalty charge of 100 pesos per day of delay. Any further work required would be halted until the full payment has been made.
7. Estimated time of completion of the entire website is 15-30 days after the approval of the concept or design. Eugene Amador will attempt to contact the Customer to notify that the site is completed, and ready to publish. In the event the Customer does not respond within three (3) business days, the site shall become "passively accepted" by the Customer and Eugene Amador will publish the site and bill the remaining amount.
MAINTENANCE, WARRANTY AND SUPPORT
1. Free website maintenance is provided with limitation. Eugene Amador can work for free as long that you are ONLY requesting to change the text of existing articles or replace existing images with the new one. Changing of colors, design, layout or position of any web content is considered re-designing which subject to a fee determined by Eugene Amador.
2. Eugene Amador warrants (a) that the website will conform to specifications agreed by the parties when delivered to Customer and for a period of one (1) year thereafter (the "Warranty Period") and (b) In the event that Customer discovers an error in the website during the Warranty Period (1 year), Eugene Amador will perform the correction of the error free of charge in a professional manner and will only restore the original status of the website. "Error" means any problem or defect resulting from an incorrect functioning of the website. Errors that are cause by the hosting server, internet connections, modules, version or script updates which is beyond the scope of the original development of the website are NOT covered by this warranty.
3. All warranty claims not made in writing within the Warranty Period (1 year) shall be deemed waived. Eugene Amador warranty obligations are personal to Customer and may not be extended to any third party.
4. Eugene Amador warranties and support will be automatically revoked if the website is modified by any party other than Eugene Amador.
Terms of Service (TOS)
Web Hosting and Domain Registration
ACCEPTANCE OF CONTRACTUAL AGREEMENT
Client agrees that by placing an order either by means of electronic ordering (web order form or e-mail) or submitting a written contract, and receipt of such order by Eugene Amador, that you are agreeing to our Terms of Service, Acceptable Use Policy, and Service Level Agreement. No Modifications of said contract by customer is allowed.
Eugene Amador will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, Acceptable Use Policy, Service Level Agreement and Terms of Service. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
1. Domain Name Registration
1.1 Service provider (Eugene Amador) make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.
1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.
1.3 I/We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. I/We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
1.4 I/We shall not release any domain to another provider unless full payment for that domain has been received by us.
2. Web Site Hosting and Email
2.1 I/We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. 2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by us in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.
2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.
2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks. Such payment to be immediate and non-disputable.
2.4 I/We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.
2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.
2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.
2.7.1 Members utilizing free hosting shall display a banner as supplied by us.
2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.
2.8.2 It is contrary to your provider (Eugene Amador) policy for Members 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 mass e-mailings; whether unsolicited, opt-in, or otherwise.
To engage in any of the foregoing activities using the service of another provider, but channeling such activities through our server, or using our server as a mail drop for responses.
To falsify user information provided to Eugene Amador or to other users of the service in connection with use of service.
2.8.2 (a) Consequences of Violation:
When your hosting provider (Eugene Amador) becomes aware of an alleged violation of its Acceptable Use Policy, I/We will initiate an investigation. During the investigation I/We may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, I/We may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, I/We will notify the appropriate law enforcement department of such violation.
2.8.2 (b) You shall be held liable for any and all costs incurred by Us as a result of your 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. Our current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $2 for each bulk-email or Usenet message sent, plus US $2 per complaint received. Server maintenance fees of $100 per hour. All the amount mentioned are not final and may still change and determine on the time of the occurance.
2.8.3 I/We will not issue service credits for any outages incurred through service disablement resulting from Policy violations.
2.9 Any access to other networks connected to Us must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.11 You may cancel the Services at any time by emailing [email protected] requesting cancellation of services.
3. Service Availability
3.1 I/We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a customer, reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you.
I/We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. 3.3 I/We reserve the right to make account transfers among the existing servers without notifying the client unless necessary.
3.4 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
4. Payment
4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. 4.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize Eugene Amador to debit your account renewal fees from your card.
4.3 All payments must be in Philippine Peso. Amount mentioned in foreign currency must be converted with the on-going bank rate.
4.4 If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $50 or whatever is the on-going bank rate.
4.5 Delinquent Accounts may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
4.6 All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in our discretion which is valid, under the terms and conditions, will result in service interruption, and reconnection fees to restore the desired service.
4.7 Re-activation of suspended account has a fee of Php100 pesos or US$2 dollars (per account). Activation of reseller account has a fee of Php 500 pesos or US$10 dollars.
5. Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and 5.3.
5.5 I/We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will be entitled pro rata refund based upon the remaining period of membership.
5.6 You may cancel the Services at any time by emailing [email protected] and requesting cancellation of services.
5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Eugene Amador shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.
5.7.1 During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 13.5; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of the provider.
5.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of Eugene Amador. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30 day guarantee details.
5.7.3 You will not be entitled to a refund on this basis if you have previously had an account with Us under any plan or service.
5.7.4 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.
5.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
5.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
6. Indemnity
6.1 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
7. Limitation of Liability
7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.
7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. 7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
7.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assessed a surcharge as set forth in our pricing structure.
8. Notices
8.1 Any notice to be given by either party to the other may be sent by e-mail or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by recorded delivery shall be deemed to be served two days following the date of posting.
9. Support
9.1 On our site you will find links to some information to get your web site up and running and if this is unavailable for any reason, please contact us. All information pertaining to your account should have been included in the account details you received when we created your account. If you did not receive the account details, please contact us. There are several reasons an e-mail may not reach you; first and foremost is if the domain you have contracted services for is the same domain your account details was sent to.
9.2 The support feature of our service at present time consists of our Support System solving server related problems only.
9.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. I/We do not guarantee any assistance to any 3rd party or custom script in your account. User is solely responsible for the quality, performance and all other aspect of the User content.
9.3 Support can only be addressed in Filipino/English through our Support System.
9.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our Term of Service.
9.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.
10. Backups
10.1 I/We will make every attempt to retain daily/nightly backups as a courtesy. However, as with any data storage systems, backups can fail. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Our servers. I/We encourage you to perform your own backups. You can backup your website yourself via the cPanel.
If for some reason you accidentally make a mistake and you need Us to restore a backup of your website from the available restore points, we will honor one restore per month for free. Additional restores are 500 pesos each and depending on the availability, since we overwrites any of our previous backups made. If we need to restore your account after server migration or due to other issue this process is for free.
11. Law
11.1 This Agreement shall be governed by and construed in accordance with Philippine law. You hereby submit to the non-exclusive jurisdiction of the Philippine courts.
12. Headings
12.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
13. Torturous Conduct
13.1 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. 13.2 Any abuse towards any of Us will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Us or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed to Us shall be considered a violation of this Terms of Service.
13.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards Eugene Amador or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this Terms of Service.
13.4 Any conduct viewed as violating this section shall be considered a violation of this Terms of Service. Eugene Amador will be the sole arbitrator in regards to what is deemed a violation.
13.5 No refunds shall be given when the contents of this section necessitates removal of the account.
14. Cancellation of Services
14.1 You may cancel the Services at any time by emailing [email protected] and requesting cancellation of services.
15. Entire Agreement
15.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
15.2 Eugene Amador reserves the right to amend these Terms of Service (TOS) at any time.
Acceptable Use Policy (AUP)
Web Hosting
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Service provider (Eugene Amador) may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed below without notice, based upon the nature of the violation.
This document is intended to provide a basic understanding of service provider (Eugene Amador) Acceptable Use Policy. The following are guidelines for the establishment and enforcement of service AUP. If the account violates this Acceptable Use Policy or our Terms of Service, we reserve the right to terminate your service without notice. I/We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
The following constitute violations of this Acceptable Use Policy (AUP):
Illegal Activities: Service provider (Eugene Amador) services may not be used for illegal purposes, or in
support of illegal activities. I/We reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.
Harm or Endangerment to other people: You may not use Our service to harm, or attempt to harm, minors
in any way, including, but not limited to child pornography, or use Our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Forgery or Impersonation: Adding, removing or modifying identifying network header information in an
effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
I/We fully supports safelists as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can't be supported through shared hosting. I/We also require that these laws be carefully policed and comply with all state (Massachusetts) and federal (United States) law (regardless of where the site are located). Failure to abide by these laws constitutes spamming and will be subject to our spamming policy. Please review it below, it is quite severe and will be enforced without exception or
limits.
Unsolicited E-mail, E-mail Bombing (SPAM): Unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Account or Server who sends out spam will have their account suspended and/or terminated with or without notice and without refund. Any account or server which results in our IP space being blacklisted in any of the various Spam Databases will have their account or server immediately suspended and/or terminated.
I/We reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Copyright or Trademark Infringement: Use of Our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. To collect, or attempt to collect, personal information about third parties without their knowledge or consent, distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. If you believe that your copyright or trademark is being infringed upon, please email [email protected].
Network Disruptions: Use of Our service for any activity which affects the ability of other people or systems
to use the Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. I/We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. I/We, do not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Accounts found hosting this
material will be subject to immediate cancellation without refund. Use of the service to access, or to
attempt to access, the accounts of others, or to penetrate, or attempt to penetrate Our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
Security: You are responsible for any misuse of your account (e-mail account or any login details) even if
the inappropriate activity was committed by a friend, family member, guest, employee, machine bots and trojan/viruses. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Network Security: The accounts on the server operate on shared network resources. Excessive use or
abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
REPORTING VIOLATIONS OF HOSTING AUP
Eugene Amador requests that anyone who believes that there is a violation of this Acceptable Use Policy (AUP) direct the information to the Abuse Department at [email protected] if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.
I/We will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT HOSTING $100.00 PER HOUR.
Right To Refuse Service
Eugene Amador reserve the right to refuse service to anyone for any reason. I/We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amount is defined as any amount that results in substantial degradation of server performance. Eugene Amador is the sole determinant of what constitutes degraded server performance. On some occasions, I/we allow heavy usage depending on the situation. However, additional fees may apply.
Service Level Agreement (SLA)
Web Hosting
Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Customers. This service is to provide the customer with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $100 an hour labor fee, billed in ½ hour increments. Eugene Amador will not perform maintenance, security checks, or management without customer initiating such request. Eugene Amador does not take responsibility for the overall security of servers. Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Our Network as confirmed by Us. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.
SLA Network Violation Credit occurs when our network uptime 99% is not met. You may receive a credit on your account but this is subject for approval and on Our discretion dependent upon justification provided. I/We only accept Siteuptime.com for the 3rd party monitoring service report. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must e-mail us within 2 days of reported violation. SLA violations will be reviewed accordingly.
***Network violation SLA credit does not cover server hardware failure.***
Performance Credit Exclusions:
The following are excluded from the monthly calculation of Service Availability: Scheduled downtime
Problems outside of hosting network (upstream providers, or client’s inbound connection (ISP)) not effecting 100% loss to our network.
Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Eugene Amador is not responsible for the restoration of data to server. I/We strongly recommend that you purchase backup options for your account/server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. I/We shall not be liable for loss of data under any circumstance.
Privacy Policy
Eugene Amador (a.k.a. HugePixels) is committed to protecting your personal information and respecting your privacy.
I/We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so. I/We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties. I/We may use various methods to collect information including IP addresses.
