It's pretty straightforward: Customers who use Excellent Serv Co. can obtain disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
Excellent Serv Co. HOSTING Plans are designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
Excellent Serv Co. HOSTING Plans are a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server.
Excellent Serv Co. uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. Excellent Serv Co. will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
Monthly Service Fees
Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
Additional Service Fees
Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one-time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
One Time Fees
One time fees, such as setup fees, administrative fees, and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket. One time fees, such as bandwidth overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket.
The following is the entire Acceptable User Policy ("AUP") agreement between Excellent Serv Co. ("Excellent Serv Co.") and the personal or corporate account holder ("YOU/YOUR Customer"). Excellent Serv Co. provides World Wide Web Hosting, Marketing, and Development. Excellent Serv Co. has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.
Excellent Serv Co. general policy is to act as a provider of Internet presence. Excellent Serv Co. reserves the rights to suspend or cancel a customer's access to any or all services provided by Excellent Serv Co. when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of Excellent Serv Co. is strictly prohibited.
Excellent Serv Co. will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Excellent Serv Co., will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Excellent Serv Co. has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU should not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement(USA DC Servers), trademark infringement(USA DC Servers), warez sites (including links to/from)(USA DC Servers), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Excellent Serv Co. to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE
Excellent Serv Co. will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on Excellent Serv Co. servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of Excellent Serv Co. Management ("MANAGEMENT"), with or without prior notice.
If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location OR Dedicated Server clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Excellent Serv Co. has the sole decision to deactivate any and all servers.
Excellent Serv Co. will be the sole arbiter as to what constitutes a violation of this provision.
The intention of Excellent Serv Co. is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.
YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Excellent Serv Co. has the sole decision to deactivate any and all servers.
Excellent Serv Co. will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation.
Excellent Serv Co. takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through Excellent Serv Co. ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Excellent Serv Co. at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Excellent Serv Co. endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from Excellent Serv Co. to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Excellent Serv Co.'s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Excellent Serv Co. PHONE.
Excellent Serv Co.'s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Excellent Serv Co. network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Excellent Serv Co. will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
Monthly Uptime Credit:
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee
(3b.) MANAGE DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to firstname.lastname@example.org. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Excellent Serv Co.. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.
(4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at Excellent Serv Co.,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Excellent Serv Co.'s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in Excellent Serv Co.'s "Terms & Conditions and AUP" causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
Excellent Serv Co. provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
However, in under no circumstances is Excellent Serv Co. neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Excellent Serv Co.. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
SMTP MAIL SERVER ABUSE
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate Excellent Serv Co. policies persistently in email activities, YOUR account will be suspended and deleted.
BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Excellent Serv Co. reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Excellent Serv Co. to request for termination of services. All payment is in U.S. or L.E. currency. Excellent Serv Co. will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Excellent Serv Co. accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at email@example.com should you wish to change your anniversary billing cycle.
CANCELATION OF SERVICE
Excellent Serv Co. reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Excellent Serv Co. if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
All of Excellent Serv Co.'s HOSTING PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.
If YOU cancel, the full contract amount less any setup fees and overages will be refunded if Excellent Serv Co. is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.
All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.
Notice All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons.
PROMOTIONAL RATES & SPECIAL OFFERS
Excellent Serv Co. may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through Excellent Serv Co.'s services may be subject to protection under the Egypt or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Excellent Serv Co. or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Excellent Serv Co. network. If YOU use a domain name in connection with Excellent Serv Co. or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.(This section does not apply to RU servers)
Customers may not use the Excellent Serv Co. network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Excellent Serv Co. will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to Excellent Serv Co. a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Excellent Serv Co. under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
Excellent Serv Co. shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Excellent Serv Co..
Excellent Serv Co. reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay Excellent Serv Co. prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Excellent Serv Co. price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Excellent Serv Co. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Excellent Serv Co. to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Excellent Serv Co.) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Excellent Serv Co. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Excellent Serv Co. will reinstate YOUR domain name registration solely at Excellent Serv Co. discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Excellent Serv Co.
YOU agrees to pay Excellent Serv Co. prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Excellent Serv Co. price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Excellent Serv Co. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Excellent Serv Co. to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Excellent Serv Co.) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Excellent Serv Co. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Excellent Serv Co. will reinstate YOUR domain name registration solely at Excellent Serv Co. discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from Excellent Serv Co.
Excellent Serv Co. reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Excellent Serv Co. will not be held liable for the failure of a domain name transfer for any reason.
Excellent Serv Co. reserves the right to refuse service to anyone. YOU may only use Excellent Serv Co. server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the EGYPT OR US (for US Servers), it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting 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. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Excellent Serv Co. management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Excellent Serv Co. may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Haram, Giza, and any dispute will be litigated or arbitrated in Egypt. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Egypt courts. IN NO EVENT SHALL Excellent Serv Co.'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Excellent Serv Co. HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Excellent Serv Co., ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Excellent Serv Co. AGAINST LIABILITIES ARISING OUT OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Excellent Serv Co.'S SERVER,
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY,
(3) COPYRIGHT INFRINGEMENT ,AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Excellent Serv Co.'S SERVER.
Excellent Serv Co. WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Excellent Serv Co. MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Excellent Serv Co. DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Excellent Serv Co. AND ITS EMPLOYEES. Excellent Serv Co. RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Excellent Serv Co. MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.
Excellent Serv Co. follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Acceptance by Customer of the Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement here by initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.