EZZI.net "The Company" agrees to furnish service(s) to Subscriber(s), subject to the following Terms of Service hereafter referred to as TOS. Use of EZZI.net Service(s) constitutes an acceptance of EZZI.net's Acceptable Use Policy hereafter referred to as AUP as well as EZZI.net's TOS. Unless and otherwise mentioned in any other contract or agreement all EZZI.net's Subscriber(s) are subject to these TOS and AUP and All provision of this TOS and AUP are subject to periodic review and change without prior notice. Subscriber(s) understands that change(s) to the TOS or AUP shall not be ground(s) for early termination or non-payment.
This Agreement shall be construed in all respect in accordance with the laws of the state of New York, County of Suffolk applicable to contracts enforceable in that state. Venue will be Suffolk County, New York.
- Internet Protocol Address/Number ownership/usage: All ownership and right(s) to use the Internet Protocol(s) address hereafter referred to as IP(s), assigned to the Subscriber(s) shall belong only to EZZI.net. The Subscriber(s) shall have no right(s) to use the IP(s) except as permitted by EZZI.net in its own discretion in connection with the services, during the terms of this Agreement. EZZI.net reserves absolute control and right of ownership over IP's and may change or remove any such IP Number(s) or Addresses. All IP(s) allocation is based on provision of ARIN's policy governing IP addresses.
Bandwidth and Disk Space:
The Subscriber(s) has been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month. The Subscriber(s) agrees to pay any additional charge(s) as applicable that may arise from additional usage of such bandwidth and or disk space usage. EZZI.net also reserves the right to demand a deposit or charge the Subscriber(s) a deposit on Subscriber(s) credit card(s) on file with EZZI.net in the event the bandwidth usage is likely to exceed the monthly allocated usage on any two days usage back to back.
Each customer/server is provided with a burstable 100Mbps port, and may utilize available network bandwidth in manner that is fair and reasonable to all users on the EZZI.net network. Because bandwidth is a shared resource amongst all users, excessive consumption of network bandwidth by a customer/server can interfere with or completely prevent normal network performance for other users. EZZI.net provides temporary burst (not sustained usage) up to 100Mbps for each server as a courtesy only. Servers that (a) average 10Mbps (106GB of data transfer) or more during any 24-hour period or (b) average 20Mbps (53.3GB of data transfer) or more during any 6-hour period or (c) average 30Mbps (40GB of data transfer) or more during any 3-hour period shall be warned and/or disconnected from the network to prevent such activities from causing deterioration in network performance for other users. Furthermore, the customer shall be responsible for (a) all fees related to excessive bandwidth usage and (b) all fees related to the violation of the EZZI.net Terms of Service Agreement.
System and Network Security:
Any violation/attempt to violate security of EZZI.net Network/System may result in civil or criminal liability. EZZI.net will investigate any such occurrence(s), which may involve such violation(s) and may involve, and cooperate with, law enforcement authorities in prosecuting Subscriber(s) and or their customer(s) who are involved in such violation(s). These violations include but is not limited to:
- Accessing data not intended for such Subscriber(s)
- Logging or trying to log into a server or account, which such Subscriber(s) is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any Subscriber(s), host or network, including but not limited to "flooding", "mail bombing", spoofing" or "crashing".
- Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Obtaining or attempting to obtain service by any means or device with or without the intent of avoiding payment.
Subscriber(s) acknowledges the fact that the nature of the service(s) provided is such that the service can be interrupted for many reasons other than the negligence of the company and as such the Subscriber(s) agrees that the company shall not be liable for any damages arising from such causes and that the company shall not be responsible for any such loss and that the liability of the company in an event of its own negligence shall not exceed the amount payable by the Subscriber(s) for the services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
- Service Charges: The Subscriber(s) acknowledges that he is aware of the nature of the service(s) and the charges associated there with and that he authorizes any charges that may arises from such service(s) to the credit card on file or agrees to pay such charges forthwith within the stipulated time. The Company reserves the right to prospectively change the specified charges from time to time. Promotional offer(s) are contingent on company achieving and maintaining its service costs including but not limited to the rate charged to the company by its suppliers.
Payments and Fees:
Establishment of this service(s) is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the 1st day of the month for that month's service. All accounts and services provided by EZZI.net are subject to the current tax rate where applicable according to taxes imposed by the County of Suffolk, State of New York and the State. Service(s) to accounts over due past 10 days will be put on hold and will lead to disruption of service. A reconnect fee of $200.00 shall be levied on accounts put on hold for non-payment. Account(s) not paid by due date are subject to a $25.00 late fee. An account put on hold or disruption of service due to non- payment is not grounds for non-payment and may be ground for company to terminate this agreement. The Subscriber(s) is responsible for such accrued amount plus interest besides the collection fees Accounts that are not collectable by EZZI.net may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 and not more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
- Any account that does not have a credit card on file and is making the payment in any other manner is required to make sure the payment is received by the 1st of the month.
- Refunds and Disputes: All payments to EZZI.net are non-refundable. This includes all setup fees and subsequent charges regardless of usage. All billing disputes must be reported within 30 days from the day when the Subscriber(s) receives such bill. A dispute raised by the Subscriber(s) with his credit card company unilaterally without first contacting EZZI.net, which in EZZI.net's sole discretion is a valid charge under the provision of TOS and AUP, you agree to pay EZZI.net an "administrative fee" of not less then $75.00 and not more then $200.00
- Failure to Pay: The Company may deny services and terminate this agreement for non-payment. Such termination or denial of service does not relieve the Subscriber(s) of any accrued charges and accrued interest and collection fees.
A request for account cancellation should be made at least 7 days before the end of the billing cycle and not more then 28 days before the next billing cycle. Billing cycle starts the first of every month. So for October, the billing cycle starts October 1st and for November, November 1st, and so on with all twelve (12) calendar months. An account can only be cancelled at the end of the billing cycle i.e. a calendar month, however the Subscriber(s) may choose to have his account terminated in between the billing cycle but is liable for payments for the whole billing cycle and no credits or refund will be issued.
- For cancelling an account, you have to login to your customer account and go to "My Services". This is required to turn over, the service(s), back over to EZZI.net.
- The cancellation is only effective on receipt by EZZI.net billing department.
- Promotional offer(s): The Subscriber(s) for the promotional program agree to be bound by the terms of this TOS and AUP as any other Subscriber(s) for the period of the promotion. At the end of the promotional period the service(s) will be terminated automatically if no information to the contrary is received from the Subscriber(s). This clause is applicable only to promotional offers and for the time period specified there in and is not applicable to any other service(s) and or where the promotional offer is not specified by in the order form.
EZZI.net shall ship equipment(s) belonging to EZZI.net's Subscriber(s) at the Subscriber(s) request. The Subscriber(s) acknowledges that the Subscriber(s) are solely responsible for the shipping charge(s) for the said requested equipment(s). The said equipment(s) shall be shipped by EZZI.net at shipping charges(s) so determined by EZZI.net at its own discretion from time to time.
- EZZI.net may at its sole discretion post as part of this TOS any shipping charge(s) that it will charge on equipment(s) that EZZI.net shall be shipping on behalf of the Subscriber(s) at the Subscriber(s) request. The said specified charges shall only be valid for the said equipment(s) and only for the time to be specified. In the event no time is specified the said charge(s) shall be effectively removed as part of this TOS.
- As specified in section (b) subsection (ii) subsection (i) (1) EZZI.net has currently determined the following shipping charges for any piece of equipment(s): US$200.00 per any piece of equipment(s) that is to be shipped out via FedEx or UPS. EZZI.net will only ship said equipment(s) to Subscriber(s) in the continental United States, any Subscriber(s) outside the continental United States will have to pay a packaging charge of US$100.00 per any piece of equipment(s) and need to schedule shipment on said equipment(s) on their own with any shipping company. (2) EZZI.net will only allow international customers to have said equipment(s) picked up at the EZZI.net location.
- Support Boundaries: EZZI.net provides 24 x 7 technical support to our subscribers. EZZI.net agrees to provide necessary support for the hardware/equipment(s)/service(s) provided by EZZI.net, however all support on the hardware are subject to warranty agreements of the supplier/manufacturer of the said hardware/equipment(s) and in some instances this may lead to delays in restoring the service to the subscriber. EZZI.net is not responsible for such delays and is not responsible for any loss monetary or otherwise. EZZI.net does not offer tech support for any software that is installed on the server this includes the operating system. Any support issue which requires EZZI.net's technical staff to work on a Subscriber(s) hardware/equipment for problems not relevant to EZZI.net's services will be charged at the rate $75.00/hour (This charge is subject to periodic change and its subscribers responsibility to check the rates before he authorizes any work). The service(s) in case where hourly rate has to be charged is dependent on the receipt of the amount calculated based on approximate time to fix the problem. EZZI.net only provides technical support to EZZI.net's Subscriber(s) we do not support Subscriber(s) clientele or any third party who is not an EZZI.net subscriber directly. EZZI.net reserves the right to charge the prevalent hourly rate for technical service(s) in the event it provides technical service(s) who pretends to be EZZI.net's subscriber and authorizes work on a hardware/equipment(s)/service(s). Support is provided through the support ticketing system, which can be found in your customer account.
SPAM and Unsolicited Email (UE):
EZZI.net Subscriber(s) shall not or shall not facilitate anyone to use EZZI.net network or systems to SPAM or Unsolicited Email. Violations of this policy carry severe penalties, including termination of services.
- Upon Notification of first violation EZZI.net will initiate an investigation and during this period may restrict Subscriber(s) access to network, as it considers necessary. An administrative fee of $250.00 will be charged to your account for this at the end of this investigation EZZI.net will determine what is to be done with your account and could lead to termination.
- On second violation the same rule applies but the administrative fees will be $500.00
- As our Subscriber(s) are responsible for their own action and that of their Subscriber(s)s, it is in the best interest of the Subscriber(s) to implement a similar or stricter policy.
- Indemnification: Subscriber(s) will defend, indemnify and hold EZZI.net and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of the AUP and or TOS by the Subscriber(s) or users of the Subscriber(s) account, or in connection with the use of service or the Internet, or the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber(s) or users of a Subscriber(s) account.
- Internet Relay Chats also called IRC: EZZI.net absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services.
- Monitoring Obligations: Subscriber(s)s acknowledge that EZZI.net has no obligation to monitor services in any way unless otherwise specified by contract, but that EZZI.net has a right to monitor the service from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other government request, to operate the service properly, or to protect itself or its Subscriber(s). EZZI.net shall not intentionally monitor or disclose any private e-mail message unless required by law. EZZI.net 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 Acceptable Use Policy.
- Responsibility for usage and contents: The Subscriber(s) is responsible for the actions and usage of his user(s)/clientele.
- EZZI.net is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by EZZI.net.
The company reserves the right(s) to deny service(s) to any subscriber(s) who is or has been in violation of section (2) subsection (d) from any future service(s) until such time the subscriber(s) pays the outstanding charge(s) from the subscriber(s) previous subscription(s) to EZZI.net service(s) and those charges have been paid in full satisfaction. The company further reserves the right(s) to demand a security deposit from such subscriber(s) before providing them with any new or additional service(s).
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