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Easiest Web Hosting
Terms of Service

Last updated: 26 October 2020

These Terms of Service (the “Agreement”) are an agreement between Easiest Web Hosting (“EWH”, “us”, “our”, or the “Company”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Easiest Web Hosting and of the EasiestWebHosting.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. 

  1. Additional Policies
    1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
      1. Privacy Policy
      2. Mail Policy
    2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
  2. Account Eligibility
    1. By registering for or using the Services, you represent and warrant that:
      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
      3. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. EWH is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the EWH Client Area to update your contact information. Providing false contact information of any kind may result in the termination of your account.
      4. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
      5. The Service and any data you provide to EWH is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
    2. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) for potential fraud risk.
  3. Easiest Web Hosting Content
    1. Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by EWH (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “EWH Content”), are the property of Easiest Web Hosting or its licensors. No EWH Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any EWH Content.
    2. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
    3. Any use of EWH Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any EWH Content. All rights to use EWH Content that are not expressly granted in this Agreement are reserved by EWH and EWH’s licensors.
  4. User Content
    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to EWH that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. Solely for purposes of providing the Services, you hereby grant to EWH a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, EWH does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
    2. EWH exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through EWH’s computers, network hubs and points of presence or the Internet. EWH does not monitor User Content. However, you acknowledge and agree that EWH may, but is not obligated to, immediately take any corrective action in EWH’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that EWH shall have no liability due to any corrective action that EWH may take.
  5. Compliance with Applicable Law
    1. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States and Canada or the country in which you reside. The Services are controlled and operated by us from our offices within Canada and the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
  6.  Third Party Products and Services
    1. Third Party Providers
      EWH may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.EWH does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. EWH is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
    2. Easiest Web Hosting as Reseller or Licensor
      EWH may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-EWH Products”). EWH shall not be responsible for any changes in the Services that cause any Non-EWH Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-EWH Products, either sold, licensed or provided by EWH to you will not be deemed a breach of EWH’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-EWH Product are limited to those rights extended to you by the manufacturer of such Non-EWH Product. You are entitled to use any Non-EWH Product supplied by EWH only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-EWH Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-EWH Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
    3. Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by EWH (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
  7. Prohibited Persons (Countries, Entities, and Individuals)
    1. The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”) or Canadian authorities (collectively, “Canadian Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws or Canadian Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws or Canadian Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, EWH also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  8. Account Security and EWH Systems
    1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
    2. The Services, including all related equipment, networks and network devices are provided only for authorized and lawful customer use. EWH may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
    3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. EWH may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
    4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by EWH of an issue, we reserve the right to leave access to services disabled.
    5. EWH reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
  9. HIPAA Disclaimer.
    1. We are not “HIPAA compliant.” You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. EWH does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that EWH is not a Business Associate or subcontractor or agent of yours pursuant to EWH. If you have questions about the security of your data, you should contact support@easiestwebhosting.com.
  10. Compatability with the Services
    1. You agree to cooperate fully with EWH in connection with EWH’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, EWH is not responsible for any delays due to your failure to timely perform your obligations.
    2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by EWH to provide the Services, which may be changed by EWH from time to time in our sole discretion.
    3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. EWH does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content. EWH is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on EWH’s servers.
  11. Billing and Payment Information
    1. Prepayment.
      It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    2. Autorenewal.
      Unless otherwise provided, you agree that until and unless you notify EWH of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    3. Taxes.
      Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to EWH’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    4. Late Payment.
      All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services and the addition of a $5.00 CAD “late fee” to the invoice. Access to the account will not be restored until full payment has been received. If you fail to pay the fees as specified herein, EWH may suspend or terminate your account and pursue the collection costs incurred by EWH, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. EWH will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
    5. Domain Payments.
      It is solely your responsibility to notify EWH’s Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and EWH is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed sixty (60) days before the renew date.
    6. Fraud.
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. EWH may report any such misuse or fraudulent use, as determined in EWH’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    7. Invoice Disputes.
      You have ninety (90) days to dispute any charge or payment processed by EWH. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
    8. Payment Card Industry Security Standard Disclaimer.
      EWH complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. EWH does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
  12. Cancellation and Refunds
    1. Money-Back Guarantee.
      If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the EWH Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared hosting fees previously paid by you to EWH for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section (“Cancellation and Refunds”). Requests for these refunds must be made in writing to the EWH Support Team. Refunds will only be issued for basic shared web hosting services and will not include domains, SSL certificates, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    2. Refund Eligibility.
      Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    3. Non-refundable Products and Services.
      There are no refunds on domains, SSL certificates, administrative fees, and install fees for custom software.
    4. Cancellation Process.
      You may terminate or cancel the Services by giving EWH written notice by logging in to your Client Area at https://www.easiestwebhosting.com/services/ and clicking Request Cancellation under the relevant product or service. Cancellation will be effective on the account’s renewal date. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) EWH may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled.We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
    5. Domains.
      1. Domain Renewals.
        Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify EWH’s Billing department to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
      2. Domain Name Fees.
        If your plan includes a free domain name and you cancel within 1 year, our standard fee of $15.99 CAD for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund.
    6. Foreign Currencies.
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are typically processed in Canadian dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and EWH is not responsible for any change in exchange rates between the time of payment and the time of refund.
    7. Termination.

      EWH may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to EWH; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm EWH or others, cause EWH or others to incur liability, or disrupt EWH’s business operations (as determined by EWH in its sole discretion); (iv) you are abusive toward EWH’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, EWH will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

      UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

  13. Resource Usage.
    1. Permitted CPU and Disk Usage.
      All use of hosting space provided by EWH is subject to the terms of this Agreement.
      1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. EWH expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. EWH may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of EWH’s terms and conditions.
      2. You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
      3. Disk usage is limited by the resources allocated to the specific plan that you have purchased.
    2. Bandwidth Usage.
      Bandwidth usage is subject to the terms of the plan you purchased and can be viewed in your control panel. Exceeding your monthly bandwidth quoata may result in temporary suspension of your account until the following month, until additional bandwidth is purchased, or until your plan is upgraded. Unused bandwidth transfer in one month cannot be carried over to the next month. You may purchase more bandwidth at any time by contacting our sales department via a support ticket or emailing sales@easiestwebhosting.com.
    3. Inodes. The use of more than 5,000 inodes on any shared account may potentially result in a warning first, and future suspension if no action is taken. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.
    4. Databases. Shared web hosting accounts may not run any database queries longer than fifteen (15) seconds. Shared or reseller cPanel accounts using more than five thousand (5,000) database tables or hosting a single database that is larger than five (5) gigabytes, or any number of databases that total more than ten (10) gigabytes in size may be reviewed and receive a warning after which the account’s databases may be excluded from EWH generated backups. All database tables should be indexed appropriately. High database usage may also impact CPU and RAM resource usage limits.
    5. Users may not:
      1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
      2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
      5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
      6. Participate in any file-sharing/peer-to-peer activities
      7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      8. Run cron entries with intervals of less than 15 minutes.
      9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

      Users are strongly recommended to: 

      1. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
      2. To help reduce usage, do not force html to handle server-side code (like php and shtml).
      3. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
  14. Use of Service.
    1. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@easiestwebhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
    2. Websites hosted on EWH’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, EWH’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, EWH is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.
    3. Examples of unacceptable material include:
      1. Topsites
      2. IRC Scripts/Bots
      3. Proxy Scripts/Anonymizers
      4. Pirated Software/Warez
      5. Image Hosting Scripts (similar to Photobucket or Tinypic)
      6. AutoSurf/PTC/PTS/PPC sites
      7. IP Scanners
      8. Bruteforce Programs/Scripts/Applications
      9. Mail Bombers/Spam Scripts
      10. Banner-Ad services (commercial banner ad rotation)
      11. File Dump/Mirror Scripts (similar to rapidshare)
      12. Commercial Audio Streaming (more than one or two streams)
      13. Escrow/Bank Debentures
      14. High-Yield Interest Programs (HYIP) or Related Sites
      15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      16. Sale of any controlled substance without prior proof of appropriate permit(s)
      17. Prime Banks Programs
      18. Lottery/Gambling Sites
      19. MUDs/RPGs/PBBGs
      20. Hateful/Racist/Harassment oriented sites
      21. Hacker focused sites/archives/programs
      22. Sites promoting illegal activities
      23. Forums and/or websites that distribute or link to warez/pirated/illegal content
      24. Bank Debentures/Bank Debenture Trading Programs
      25. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      26. Mailer Pro
      27. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      28. Push button mail scripts
      29. Tell A Friend Scripts
      30. Anonymous or Bulk SMS Gateways
      31. Bitcoin Miners
      32. PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

    4. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. EWH may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
    5. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. If in doubt regarding the acceptability of your site or service, please contact us at abuse@easiestwebhosting.com and we will be happy to assist you.
    6. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.
    7. Content that is potentially harmful to minors is strictly forbidden, including but not limited to child pornography, child sexual abuse material (CSAM),  or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency or the U.S. National Center for Missing and Exploited Children.
  15. Uptime Guarantee.
    1. If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned and scheduled maintenance, which will be posted ahead of time on our website. Approval of any credit is at the sole discretion of EWH and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.easiestwebhosting.com/services/ to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared web hosting solutions.
  16. Zero Tolerance Spam Policy
    1. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read https://www.easiestwebhosting.com/mailpolicy for our generalized mail policy.
    2. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers.
    3. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. EWH 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. EWH reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of EWH.
  17. Non-Resale of Services
    1. You may not resell the services you purchase from EWH.
  18. Price Change
    1. EWH reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by EWH through the user client area or through other methods of communication, including notices sent or posted by EWH.
  19. Coupons
    1. Discounts and coupon codes are reserved for first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have created an account using a particular domain, you may not resign up for that domain using another coupon at a later date. Our sales department will review any account found in violation of these policies. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price unless otherwise specified.
  20. Independent Contractor
    1. EWH and User are independent contractors and nothing contained in this Agreement places EWH and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  21. Limitation of Liability
    1. IN NO EVENT WILL EWH, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF EWH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EWH’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EWH FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  22.  Indemnification
    1. You agree to indemnify and hold harmless EWH from any claims resulting from your use of our services. Customer shall defend, indemnify, save and hold EWH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against EWH, 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 customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EWH against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EWH; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from EWH’s server.
  23. Governing Law & Arbitration
    1. This Agreement is governed by the laws of the Province of British Columbia except with regard to any conflicts of law provisions. By using any EWH services, you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, will be finally settled by compulsory arbitration in accordance with the Commercial Arbitration Act (British Columbia, Canada). The arbitration shall be held in Vancouver, British Columbia by one arbitrator. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 
  24. Disclaimer
    1. EWH shall not be responsible for any damages your business may suffer. EWH makes no warranties of any kind, expressed or implied for services we provide. EWH disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EWH and its employees.
  25. Limited Warranty
    1. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, EWH AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. EWH AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. EWH AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  26. Disclosure to Law Enforcement
    1. EWH may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
  27. Entire Agreement
    1. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  28.  Headings
    1. The headings herein are provided for convenience only and are not a part of this agreement.
  29. Severability
    1. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.
  30. Waiver
    1. No failure or delay by you or EWH to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
  31. Assignment; Successors
    1. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of EWH. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. EWH may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  32. Force Majeure
    1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder
  33. Third-Party Beneficiaries
    1. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
  34. Changes to the Terms of Service
    1.  EWH may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the EWH website for at least thirty (30) days after the changes are posted and will indicate at the top of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    2. EWH reserves the right to modify, change, or discontinue any aspect of the Services at any time.