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Educational
Arts Resource Services, Inc.
(hereafter called EARS, Inc.)
provides web hosting, email services
and domain services. EARS,
Inc.
reserves the right to suspend or
cancel any client's access to any
portion or all of EARS,
Inc.
services, when EARS,
Inc. deems
that the account has been used
inappropriately. EARS,
Inc.
reserves the right to refuse service
and/or access to its servers to
anyone.
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|
User
Policy
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| 1. |
Illegal
activities. EARS,
Inc.
prohibits sites engaged in: |
|
Illegal activities
including, but not limited to,
storing and/or distributing illegal
copies of copyrighted software,
warez sites, violations of
copyrights and trademarks,
violations of U.S. laws, selling
and/or distributing illegal
contraband.
Internet abuse including, but not
limited to, spamming (unsolicited
Emailing), distribution of mass
emailing programs, cross-posting
messages to a large number of usenet
groups, posting obscene or
inflammatory messages, threatening
other Internet users, mail bombing
Internet users, running packet
sniffers or port scanners, spamming
EARS, Inc. support
staff. Systems abuse
including, but not limited to, use
of excessive CPU resources, use of
excessive disk space, use of
excessive email storage space,
hacking our systems, installing
continuously running programs, such
as IRC bots, reselling CGI scripts.
We have a ZERO tolerance and we
monitor our servers and accounts are
removed without notice.
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| 2. |
Adult
content |
|
We do not allow the
presentation, promotion or
transmission of adult, pornographic
or obscene images, text or other
content. The determination of what
is "adult content" and
therefore prohibited shall be solely
made by EARS, Inc..
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| 3 |
Policy
Violations |
|
Should a policy
violation occur, EARS, Inc. reserves
the right to terminate the account
without notice and without any
refunds. The policy violating client
will be held responsible for any
damages to EARS, Inc., including but
not limited to, EARS, Inc. and/or
Internet Planners LLC's system,
servers, connectivity, reputation,
business, service, network,
operations, or equipment. The
policy violator may be charged a
$500 clean up fee.
|
| Web
Site Content |
|
The client is
responsible for keeping a copy of
their most current web site files as
backup on a remote system (not on EARS,
Inc. servers). EARS,
Inc. is not
responsible for any lost files,
information, or data or loss of
business or any other expenses.
Should any data need to be recovered
from EARS, Inc.'s
backup sytems, there will be a
charge of $100. EARS,
Inc. does not
guarantee to possess the most
current copy of a client's website.
|
| Support |
| Free
customer support is provided via
email through the client's control
panel and through 1-301-933-2431 or
1-888-595-2058. Billing
inquiries will be answered within
one business days. Client
agrees not to spam support. EARS,
Inc. does not provide
web site design, custom programming
and scripting, or web site
consulting services. |
| Payment
Policy and Fees |
| We
do not charge set-up fees except for
the E-Commerce hosting plan. |
|
The minimum
contract period is 1 month.
All services are available in
one month, three month, six month or
one year prepayment plans.
|
|
Full payment
is required before any hosting
service is rendered, which includes
renewals. All payment-due
notices will be sent by electronic
mail. No bills or invoices
will be sent by postal mail or
fax. Prepayment is due each
anniversary (one month, three month,
six month or one year) following the
date the account and or billing date
was established.
|
| Payment
Method |
|
EARS, Inc.
accepts only credit card
payment (Visa, Mastercard, American
Express). Online
credit card payment is authorized
and executed in real time.
Once an order is successfully
submitted, the client is subject to EARS,
Inc.'s refund policy.
|
EARS,
Inc. mailing address is:
6920 Roosevelt Way NE PMB 198
Seattle, WA 98115 |
| Refunds |
|
You
may cancel at anytime. If your
cancellation is within in 30 days we
will refund all fees except for the
InterNIC domain name registration
fee. We will not refund any fees
after 30 days.
|
|
Payment
must be received or services
will not be rendered. If
payment is not received on time the
account will be cancelled.
|
| InterNIC
Fees |
|
All
InterNIC domain registration renewal
fees are separate from EARS,
Inc. costs
and the client is responsible for
timely payment of domain name
renewals.
|
| Price
Changes |
|
EARS, Inc.
reserves the right to change
prices at any time.
|
| All
monetary transactions will be in $US
dollars. |
| Additional
features can be added at any time. |
| Monthly
feature prices are prorated. |
| Add-on
costs are non-refundable regardless
of whether or not the service was
used. |
|
| Renewal
Notification and Billing Schedule |
|
Renewal
notification is emailed to the
billing contact thirty (30) days
prior to the end of the billing
cycle.
|
| Credit
Cards |
|
Credit
cards are charged on the day of the
hosting plan cycle. After successful
payment, an email notification will
be sent to the billing
contact. If payment is not
received, the account is cancelled
at the end of the billing cycle.
|
| Credit
Card Failures |
|
In
the event of any credit card
failure, a notice will be sent to
the billing contact via email.
An attempt will be made to charge
the credit card every day until a
successful charge or the end of the
billing cycle. If the credit
card is charged successfully, a
notification of successful charge
will be sent to the billing contact
via email. If the credit card
continues to fail and the billing
cycle ends, the account will be
cancelled.
|
| Account
Reactivation |
|
If an account
is cancelled due to client request
or billing issues and the client
desires to reactivate the account, a
new sign up needs to be filled
out write EARS, Inc. at:
info@earsinc.com
If an account was cancelled
due to policy violation, EARS,
Inc. will not
reactivate the account.
|
| Refund
Policy |
|
EARS, Inc. has
a 30-day money back guarantee for
hosting in all but a few
situations. If EARS,
Inc. terminates an
account due to policy violation,
there will be no refund.
Monthly fees associated with
additional features are
non-refundable.
|
| Cancellation |
|
EARS, Inc.
reserves the right to
terminate service at any time.
If an account is terminated for a
policy violation there will be no
refund. EARS,
Inc. reserves the
right to delete the policy-violating
web site content without notice.
|
|
Customers
can cancel service at any
time. All account
cancellations are to be requested
through the client's control
panel. If the client requests
cancellation, their account will be
terminated at the end of the current
billing cycle, or immediately.
If the client specifies immediate
account termination, EARS,
Inc.
reserves the right to delete the web
site contents without notice.
If an account is cancelled due to
non-payment, EARS, Inc. reserves the
right to delete the web site
contents without notice.
|
| Indemnification |
|
Client
agrees to defend, indemnify and hold
harmless EARS,
Inc.
against any liabilities arising out
of defective products sold to
customers from EARS,
Inc.
servers, personal injury or property
damage caused by products or
services sold or distributed from EARS,
Inc.
servers, any material that infringes
or allegedly infringes on the rights
of a third party available from EARS,
Inc.
servers, and any material that
libels or allegedly libels a third
party available from EARS,
Inc.
servers.
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| Disclaimer |
|
EARS, Inc.
is not responsible for any
damages to any client's business. EARS,
Inc. makes no
warranties or guarantees of any
kind, expressed or implied for
services that we provide. Use of EARS,
Inc.'s web hosting
and email service is at the client's
sole risk. EARS, Inc.'s
services are provided on an "as
is, as available" basis.
|
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EARS,
Inc. does
not guarantee that our services will
be uninterrupted or error
free. EARS,
Inc. will
provide every effort in good faith
to ensure that its services are
available to as many Internet users
as possible with minimal service
interruptions.
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|
In
no circumstance will EARS,
Inc. be
liable for any claims resulting from
the use or inability to use EARS,
Inc.'s
services including, but not limited
to, service interruptions, client
errors, Internet connectivity
problems, miscommunications, loss of
design of a web site, loss of
marketing or advertising programs,
deleted accounts, unauthorized
access to EARS,
Inc.
servers, InterNIC problems, DNS
caching, Internet bandwidth
congestion, power failures,
vandalism, and natural disasters.
|
| Educational
Arts Resource Services, Inc.
reserves the right to revise our
policies at any time. |
Ears, Inc. 2004 |
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