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Terms of Use – Hosting

The eznow.com Web-Hosting Service ("Service"), is provided to you ("you" or "Site Owner") under the terms and conditions of these Terms of Use and any amendments thereto and any operating rules or policies (collectively “Terms of Use” or “Agreement”). The eznow.com Web Hosting Service Provider ("the Service Provider") shall have the right to change, modify, add or remove all or part of the Terms of Use at any time. Site Owner will receive notice of such changes and/or modifications pursuant to Section 16 hereof regarding notices.

1. By accepting the Terms of Use, Site Owner (a) represents and warrants that he or she is 18 years old or older; (b) agrees to provide true, accurate, current and complete information about Site Owner as prompted by the Account Registration Form; and (c) agrees to maintain and update this information to keep it true, accurate, current and complete. If any information provided by Site Owner is untrue, inaccurate, not current or incomplete, the Service Provider has the right to terminate Site Owner’s account and refuse any and all current or future use of the Service.

2.By completing the account registration process and clicking the “I AGREE” link, you agree to be bound by the Terms of Use. Nothing in the Terms of Use obligates the Service Provider to list, link to, accept or otherwise host any site anywhere on the services internet servers. If the Terms of Use or any future changes are unacceptable to you, you may cancel your account pursuant to Section 8.1 regarding termination of service.

3.The provider of eznow.com Web Hosting Service hosts interactive websites ("Site") on the World Wide Web and provides Site Owner with access to its Web Web Hosting Software ("Software") to facilitate the creation and maintenance of Site for the sale of goods and display of information.

4. UNLIMITED USAGE POLICIES AND DEFINITIONS

What "Unlimited" means. Eznow does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Eznow makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What "Unlimited" DOES NOT mean. Eznow employs complex mechanisms to protect its Subscribers and systems from abuse. Eznow’s offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Eznow service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Eznow service is designed to meet the typical needs of small business and home business website Subscribers in Hong Kong. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Eznow will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Eznow does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Eznow can evaluate said sites resource needs.
Unlimited Disc Space; excessive MySQL files. Eznow does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Eznow charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Eznow service is designed to host websites. Eznow does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (i.e., inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 1GB total MySQL/PostgreSQL usage or 1GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Eznow may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
Unlimited monthly bandwidth. Eznow does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Eznow charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Eznow reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
We limit all of our hosting accounts and single FTP account to no more than 40,000 files and folders (for Linux hosting), that is the number of files and not their size, it also applies to our hosting accounts with unlimited storage.

5.Site Owner's Obligations

5.1 Site Owner acknowledges and agrees that it shall be responsible for all goods and services offered at Site Owner’s Site, all materials used or displayed at Site Owner’s Site, and all acts or omissions that occur at Site Owner’s Site or in connection with Site Owner’s account or password. Certain Sites may be subject to additional requirements.
5.2 Site Owner agrees to display in the Site, Site Owner's contact information, including but not limited to Site Owner's name, address, telephone number, fax number and e-mail address. Site Owner also agrees to promptly update such information to keep it true, accurate, current and complete.
5.3 Site Owner agrees that any and public announcements and the subsequent transactions between the Service Provider and Site Owner, including the method and timing of such announcements, shall be approved in advance by the Service Provider in writing. The Service Provider reserves the right to withhold approval of any public announcement in its sole discretion. Any breach of Site Owner's obligation regarding public announcements shall constitute a material breach of the Agreement.
5.4 Site Owner represents and warrants that it has full power and authority under all relevant laws and regulations:
(a) to offer and sell the goods and/or provide the services offered at the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or provision of services offered at the Site;
(b) to copy and display the materials used or displayed at the Site; and
(c) to provide for credit card payment and delivery of goods or services as specified at the Site.
5.4 Site Owner represents and warrants that it will not engage in any activities:
(a) that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
(b) that defame, impersonate or invade the privacy of any third party or entity;
(c) that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
(d) that are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.
In addition, the customer agrees to indemnify and hold harmless Eznow.com from any claims resulting from the use of our services.
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 anothers 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@eznow.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.
Using a shared account as a backup/storage device is not permitted. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers 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 Hacker focused sites/archives/programs
21 Sites promoting illegal activities
22 Forums and/or websites that distribute or link to warez/pirated/illegal content
23 Bank Debentures/Bank Debenture Trading Programs
24 Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
25 Push button mail scripts
26 Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
27 Tell A Friend Scripts
28 Anonymous or Bulk SMS Gateways
29 Bitcoin Miners
30 Movie websites
31 pornographic content
5.6 Site Owner confirms and warrants that it is the owner of, or is duly authorized by the owner to use, any trademark or name requested or allocated as its Domain Name. Site Owner further warrants that neither Site Owner's nor the Service Provider’s use or registration of Site Owner's Domain Name constitutes infringement of any other entity’s Intellectual Property Rights.
5.7 Site Owner agrees to be responsible for maintaining backup copies of its own site contents. The Service Provider will not be held liable for not maintaining backups of said materials.
5.8 The Service Provider reserves the right to refuse to host or continue to host any Site which it believes, in its sole discretion:
(a) offers for sale of goods or provision of services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate;
(b) has substantially changed its Site from the time it was accepted;
(c) received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders;
(d) has become the subject of a government complaint or investigation; or
(e) has violated or threatens to violate the Terms of Use or the spirit thereof.
5.9 The Service Provider reserves the right to limit the disk space, pages, and bandwidth used by the Site. The service provided is a shared service designed to serve the web hosting needs of various kinds and scales of business.
5.10 Any SSL certificate You purchase from Eznow or its affiliates to use in conjunction with Hosting services provided by Eznow, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Eznow, Eznow will generate and securely store a corresponding private key. For security reasons, at no time will Eznow release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non - Eznow hosting server, You will need to make a request to Eznow no earlier than thirty (30) days after Your initial SSL subscription began.

6. Proprietary Rights

6.1 The Service Provider hereby grants Site Owner a non-exclusive, non-transferable license to use the Software in object code form only on a server controlled by the Service Provider for the sole purpose of hosting Sites on such server. Site Owner is not being granted any right to copy the Software or to use it on computers other than a server controlled by the Service Provider. Site Owner also acknowledges and agrees that the Software is intended for access and use by means of web browsing software, and the Service Provider does not commit to support any particular browsing platform. The Service Provider reserves the right at any time to revise and modify the Software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Software, without notice to Site Owner. If any revision or modification to the Software materially changes Site Owner’s ability to conduct business, Site Owner’s sole remedy is to terminate the Agreement pursuant to Section 8.1 regarding termination of service.
6.2 Intellectual Property. Site Owner acknowledges and agrees that content available from the Service, including but not limited to text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent, or other proprietary rights and laws, and may not be used in any manner other than as specified in these Terms of Use.
6.3 Site Owner's Property. Site Owner grants the Service Provider right to maintain Site Owner's content on the Service Provider's servers and to authorize the end users to download and print such material, or any portion thereof, for their personal use.
6.4 Unauthorized Access. Site Owner shall not attempt to gain unauthorized access to any servers controlled by the Service Provider.

7. Fees

7.1 Site Owner shall pay an annual fee as set forth in the eznow.com Web Hosting fee schedule available at http://www.eznow.com. All such fees are payable to Wopop International Limited and shall be charged on the time when the account registration is completed. The Service Provider may also, upon giving thirty (30) days prior notice to Site Owner, alter its fee schedules and the Terms of Use.
7.2 Money- Back Guarantee: The Service Provider offers you a 30-day money-back guarantee (“30-Day Money-Back Guarantee”). If you are dissatisfied with the Service for any reason, you will receive a full refund if you cancel your account within 30 days of the date you opened the account for the Service. The 30-Day Money-Back Guarantee stated hereunder does not apply to other services, including but not limited to service for domain name registration, provided by the Service Provider. You acknowledge and agree that the Service Provider will not be under any obligation whatsoever to entertain any request for refund made after the expiry of 30 days from the date you opened the account for the Service. This 30-Day Money-Back Guarantee does not apply to product renewal or product upgrade.

8. Term

8.1 The term of the Terms of Use shall be one (1) calendar year commencing on the date the Site Owner opens an account for the Service. The term shall automatically renew for successive annually at renewal rates applicable at the time, unless notice of non-renewal is provided in accordance with Section 7.2 hereof, provided, however, that to qualify for each renewal, Site Owner must at the time of renewal be in substantial compliance with the Terms of Use. The Service Provider shall have the right, but no obligation, to review any Site Owner’s Site for compliance with the Terms of Use as part of the renewal process, or at any time.
8.2 Either party, in its sole and absolute discretion, may give notice of non renewal with or without cause or reason therefor. Any notice of non renewal must be given at least thirty (30) days prior to the end of the current term in effect ad in a manner described in Section 15 regarding notice.

9. Termination

9.1 Either party may terminate the Agreement on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the Terms of Use, and such breach or noncompliance is not cured within such thirty (30) day period. The Service Provider reserves the right to immediately suspend any Site Owner or Site Owner’s customer access to the Site until such breach or noncompliance is cured.
9.2 Notwithstanding the foregoing, the Service Provider may, but has no duty to, immediately terminate the Agreement and the Service for any Site Owner and remove the Site Owner’s account from the Service Provider’s servers if the Service Provider in its sole discretion concludes that Site Owner is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of the Service Provider or others. Notwithstanding the foregoing, the Service Provider reserves the right to immediately terminate the Agreement and the Service for any Site Owner at its sole discretion. Any termination of the Agreement under this Section 8.2 shall take effect immediately and Site Owner expressly agrees that it shall not have any opportunity to cure.
9.3 Site Owner expressly waives any statutory or other legal protection in conflict with the provisions of this Section 8.
9.4 Upon termination of the Agreement, the Service Provider reserves the right to delete from its servers any and all information contained in Site Owner’s account, including but not limited to order processing information, mailing lists, and any Webpages hosted under the Service.
9.5 The provisions of Section 5 (Proprietary Rights), Section 11 (Indemnity), and Section 12 (Disclaimer of Warranties and Liabilities) of the Agreement shall survive any termination of the Agreement.
8.6 Site Owner may cancel its account at any time within a billing period by using the account cancellation system.

9. Site Owner’s Privacy

9.1 The Service Provider maintains information about Site Owner, including but not limited to Site Owner’s account registration information, Site Owner's customer order information, sales information, and clickstream data ("Site Owner Information"). Site Owner agrees that subject to the Privacy Policy of www.eznow.com, the Service Provider may use Site Owner Information in aggregate form for marketing or other promotional purposes.
9.2 Site Owner agrees that the Service Provider may disclose Site Owner Information in good faith believing that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Terms of Use; (d) to respond to claims that the Site Owner or Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of the Service Provider or others; provided, however, that nothing in this section shall impose a contractual duty on the Service Provider to make any such disclosures.
9.3 Site Owner agrees that the Service Provider may delete customer credit card information from its servers fourteen (14) days after Site Owner retrieves such information, and may delete all other Site Owner Information from the Service Provider’s servers at the end of each calendar year.
9.4 Site Owner shall receive a password from the Service Provider to provide access to and use of the Service. Site Owner is entirely responsible for any and all activities which occur under Site Owner’s account and password. Site Owner agrees to keep its password confidential, to allow no other person or company to use its account, and to notify the Service Provider promptly if Site Owner has any reason to believe that the security of its account has been compromised.
9.5 Site Owner acknowledges and agrees that technical processing of Site Owner Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. Site Owner also acknowledges and agrees that the Service Provider may access Site Owner's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.
9.6 Site Owner may cancel its account at any time within a billing period by using the account cancellation system.

10. Site Owner’s Privacy

10.1 The Service Provider maintains information about Site Owner, including but not limited to Site Owner’s account registration information, Site Owner's customer order information, sales information, and clickstream data ("Site Owner Information"). Site Owner agrees that subject to the Privacy Policy of eznow.com, the Service Provider may use Site Owner Information in aggregate form for marketing or other promotional purposes.
10.2 Site Owner agrees that the Service Provider may disclose Site Owner Information in good faith believing that such action is reasonably necessary: (a) to comply with the law; (b) to comply with legal process; (c) to enforce the Terms of Use; (d) to respond to claims that the Site Owner or Site is engaged in activities that violate the rights of third parties; or (e) to protect the rights or interests of the Service Provider or others; provided, however, that nothing in this section shall impose a contractual duty on the Service Provider to make any such disclosures.
10.3 Site Owner agrees that the Service Provider may delete customer credit card information from its servers fourteen (14) days after Site Owner retrieves such information, and may delete all other Site Owner Information from the Service Provider’s servers at the end of each calendar year.
10.4 Site Owner shall receive a password from the Service Provider to provide access to and use of the Service. Site Owner is entirely responsible for any and all activities which occur under Site Owner’s account and password. Site Owner agrees to keep its password confidential, to allow no other person or company to use its account, and to notify the Service Provider promptly if Site Owner has any reason to believe that the security of its account has been compromised.
10.5 Site Owner acknowledges and agrees that technical processing of Site Owner Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. Site Owner also acknowledges and agrees that the Service Provider may access Site Owner's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

11. Maintenance and Support

11.1Site Owner can obtain assistance with any technical difficulty that may arise in connection with Site Owner's utilization of the Software or eznow.com Web Hosting by requesting assistance by email to support@eznow.com. The Service Provider reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
11.2Site Owner is responsible for obtaining and maintaining all domain names, telephone, computer hardware and other equipment needed for its access to and use of the Software and eznow.com Web Hosting and Site Owner shall be responsible for all charges related thereto.

12. Indemnity

12.1Site Owner agrees to indemnify and hold harmless the Service Provider and the parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees and agents of the Service Provider, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Site Owner’s conduct, Site Owner’s use of the Service, the goods or services offered at Site Owner’s Site, any alleged violation of the Terms of Use, or any alleged violation of any rights of another, including but not limited to Site Owner’s use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Site Owner’s Site. The Service Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Site Owner, but doing so shall not excuse Site Owner’s indemnity obligations.

13. Disclaimer or Warranties and Liabilities

13.1The Service and Software are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, on the Service Provider’s part including but not limited to warranties of the Site’s ability, fitness for a particular purpose or non-infringement. Neither the Agreement nor any documentation furnished thereunder is intended to express or imply any warranty that the Service will be uninterrupted, timely or error free or that the Software will provide uninterrupted, timely or error free service. The Security Mechanism incorporated in the Software has inherent limitations and Site Owner must determine that the Software adequately meets its requirements. Site Owner acknowledges and agrees that any material and/or data download or otherwise obtained through the use of the Service is done at its own discretion and risk and that Site Owner will be solely responsible for any damages to its computer system or loss of data that results from the download of such material and/or data. The Service Provider, and its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business , or for any indirect, special, incidental or consequential damages of any character, even if the Service Provider is aware of the risk of such damages, that result in any way from Site Owner’s use or inability to use the Service or the Software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the Software or the eznow.com Site Builder. The Service Provider’s liability to Site Owner shall not, for any reason exceed the aggregate payments actually made by Site Owner to the Service Provider over the course of the existing term.

14. No resale or assignment of the Service

14.1Site Owner agrees not to resell or assign or otherwise transfer its rights or obligations under the Agreement without the express written authorization of the Service Provider.

15. Force Majeure

15.1 Neither party shall be liable to the other for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

16. Notices

16.1 Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to the Service Provider, such notices shall be addressed to inquiry@eznow.com or Rm1701, World Peace Center, 55 Wo Tong Tsui Street,Kwai Chung, Hong Kong. If to Site Owner, such notices shall be addressed to the electronic or postal address specified when Site Owner opens an account with the eznow.com Site Builder, or such other address as either party may give the other by notice as provided above.

17. Entire Agreement

17.1 The Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.

18. General

18.1 The Agreement and the relationship between Site Owner and the Service Provider shall be governed by the laws of Hong Kong SAR without regard to its conflict of law provisions. Site Owner and the Service Provider agree to submit to the personal and exclusive jurisdiction of the Court of Hong Kong SAR.
18.2 The Service Provider's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
18.3 Site Owner agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
18.4 The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.