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. . . . . User Agreement ..Eagle Graphics Web Design & Hosting
provides web hosting and design services to many clients. .We have a responsibility to protect each client and to provide the best services available. .The following guidelines were established to ensure
these crucial obligations are met. .The
following Policies, Guidelines, and Disclaimers are intended for domains either hosted or created by Eagle Graphics
Web Design & Hosting. ..UNLIMITED TRAFFIC does not apply to any
domain account consuming 20% or more of system resources. .Following are a list of sites that will often require more than 20% of the system resources: .Multiple domains residing at a single IP address,
domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download
files. .We are not saying that your web
site can not contain such files, however if at any time they consume 20% or more of the system's resources you
will be contacted to resolve the problem. ..Unacceptable activities include spamming
(sending unsolicited advertising to those whom the customer has no existing business relationship, posting off-topic
advertising in newsgroups); spoofing (the use of a return email address which is not the valid reply address of
the sender or sending an email message which does not contain enough information to enable the recipient to identify
the party who is really sending the message; passive spamming (promoting a web site hosted by Eagle Graphics Web
Design & Hosting by spamming from some other source), trolling (posting controversial messages in newsgroups
to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), generating
a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing
someone else to an electronic mailing list without that person's permission. .A message is considered unsolicited if it is posted in violation of a newsgroup charter
or sent to any recipient who has not requested the message. .Making an email address available to the public does not constitute a request to receive
messages. .Distribution of mass e-mailing
programs is also prohibited. .All recipients
on a mailing list must have personally subscribed.. Mailing lists may not be used to distribute unsolicited email. .Any customer repeatedly "mail bombed" or that attracts such behavior will be asked
to leave. .If you are not sure if your
actions will be in violation, please ask first. ..Examples of unacceptable activities in
this regard may include posting private information about a person without their consent, infringing upon intellectual
property rights, .efaming a person or
business, and knowingly making available code which will have a deleterious effect on third party computers. .Eagle Graphics Web Design & Hosting supports
free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with
the views of any customer. If there are allegations that a customer's on-line activity has violated the legal rights
of a third party, .Eagle Graphics Web
Design & Hosting will not substitute itself for a court of law in deciding claims raised by the that party.
.However, the Client warrants that any
material submitted for web publication will not violate or infringe upon any copyright, trademark, patent, statutory,
common law or proprietary rights of others, or contain anything libelous or slanderous to any entity. ..Eagle Graphics Web Design & Hosting
services may be used for lawful purposes only. .Illegality
includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating
(distribution of any copyrighted material in violation of copyright laws, specifically MP3s, MPEGs, ROMs, and ROM
emulators); gambling; schemes to defraud; trafficking of obscene or lude material; sending a message or having
content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass
another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions;
stalking; or violating any other state or federal law such as the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, or the Economic Espionage Act. .Linking to illegal material is also prohibited. .Eagle Graphics Web Design & Hosting reserves the right to check system files, email,
and other data on our servers for illegal content and materials, or for any other reason deemed necessary. ..Pornography and sex-related merchandising,
or links to such material, even if legal, is not an acceptable use of Eagle Graphics Web Design & Hosting services. ..Running programs in the background on a
Eagle Graphics Web Design & Hosting resource without Eagle Graphics Web Design & Hosting's prior written
authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Eagle
Graphics Web Design & Hosting's resources. .Further,
any usage of twenty percent (20%) or more of system resources is an undue burden on the system and is unacceptable.
.If your usage ever exceeds twenty percent
(20%) of system resources, you will be contacted and asked to eliminate the problem.. In addition, any domain that exceeds ten gigabytes of bandwidth traffic can be terminated
without prior notice. ..Eagle Graphics Web Design & Hosting
reserves the right to report illegal activities to any and all regulatory, administrative, and governmental authorities
for prosecution. ..The following examples of unacceptable
behavior are non-exclusive, and are provided for guidance purposes. .If you are unsure if your actions will be a violation of our policies please ask. ..Server broadcast messages or any message
sent on an intrusive basis to any directly or indirectly attached network. .Attempts to circumvent any user authentication or security of host, network, or account.
.Accessing data not intended for user.
.Probing the security of any network.
.Spawning dozens of processes. .Port scans, ping floods, packet spoofing, forging
router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land,
teardrop, promulgation of viruses, IRC bots such as eggdrop or BitchX. .Any activity, whether or not the intrusion results in the corruption or loss of data, will
be cause for investigated and proper action will be taken. .The presence of any of these programs, whether or not run, will result in action against
the user including suspension or termination. ..The client is responsible for all activity
originating from the account unless proven to be a victim of outside hacking or address forgery. .The client is responsible for securing their username and
password. .Use of Eagle Graphics Web
Design & Hosting service requires a certain level of knowledge in the use of Internet languages, protocols,
and software. .This level of knowledge
varies depending on the anticipated use and desired content of the web space by the client. .The following examples are offered: .Web Publishing: requires knowledge of HTML, properly locating
and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding
and capability. .CGI-Scripts: requires
a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, PHP, CShell scripts, permissions, etc. Mail:
a use of mail clients to receive and send mail, etc. .The client agrees that he or she has the necessary knowledge to create and maintain their web space.
.The client agrees that it is not the
responsibility of Eagle Graphics Web Design & Hosting to provide this knowledge or support outside matter specific
to Eagle Graphics Web Design & Hosting's services unless specified as an optional service. ..Full backups are made weekly. .However. no guarantees are made of any kind, either
expressed or implied, as to the integrity of these backups.. Backups are made for server restoration purposes only. .It is the clients' responsibility to maintain local copies of their web content information.
.If loss of data occurs due to an error
of Eagle Graphics Web Design & Hosting, Eagle Graphics Web Design & Hosting will attempt to recover the
data for no charge to the client. .If
data loss occurs due to negligence of client in securing their account or by an action of the client, Eagle Graphics
Web Design & Hosting will attempt, without guarantee, to recover the data from the most recent archive for
a $35.00 fee. ..Eagle Graphics Web Design & Hosting
maintains control of any and all I.P. numbers and addresses that may be assigned to the client and reserves in
its sole discretion the right to change or remove any and all IP numbers and addresses. ..Hosting Clients - Should you become unsatisfied
with our services, due to any substantiated claim of service failure, neglect, or misrepresentation, within the
first 30 days of your account activation, Eagle Graphics Web Design & Hosting will gladly refund your hosting
fee. .Eagle Graphics Web Design &
Hosting does not refund registration fees which you have paid to any Domain Registrar. ..Eagle Graphics Web Design & Hosting
shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise
from Eagle Graphics Web Design & Hosting servers going off-line or being unavailable for any reason whatsoever.
.Further, Eagle Graphics Web Design &
Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting
from the corruption or deletion of any web site from one of Eagle Graphics Web Design & Hosting servers.. All damages shall be limited to the immediate termination
of service. ..Eagle Graphics Web Design & Hosting
shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Eagle Graphics Web
Design & Hosting reserves the right to terminate an account at any time and for any reason that causes harm
to any Eagle Graphics Web Design & Hosting customer's web sites. .Eagle Graphics Web Design & Hosting reserves the right to delete all content and files
upon termination. .Eagle Graphics Web
Design & Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these
policies.. Eagle Graphics Web Design
& Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion. ..The client agrees to supply appropriate
payment for the services received from Eagle Graphics Web Hosting, in advance of the time period during which such
services are provided.. Client agrees
that until and unless they notify Eagle Graphics Web Design & Hosting of the desire to cancel any or all services
received, those services will be billed on a recurring basis. .Client agrees that if paying by credit card, prepayments will be billed and charged automatically,
and that Eagle Graphics Web Design & Hosting may apply the amount due to the provided card at any time. ..By placing and continuing to maintain information
on Eagle Graphics Web Design & Hosting servers you are acknowledging that you have read this agreement and
that you understand such terms and conditions and agree to be bound by them. |
