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EOS1 Network, Inc. ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of EOS1 Network Service constitutes acceptance and
agreement to EOS1 Network's AUP
as well as EOS1 Network's TOS (Terms of Service).
All provisions of this contract are subject to the TOS
(Terms of Service) of EOS1 Network, Inc. and AUP
(Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for
early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of California, county of Los Angeles
applicable to contracts enforceable in that state. Venue will
be Los Angeles County, California. For your information, this
page was last updated on January 29, 2003
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Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees
that the Company may disclose any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes
a written request without further consent or notification
to the Subscriber. In addition EOS1 Network shall have
the right to terminate all service set forth in this
Agreement.
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Service Rates:
Subscriber acknowledges that the nature of the service
furnished and the initial rates and charges have been
communicated to Subscriber. Subscriber is aware that
the Company may prospectively change the specified rates
and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining
its cost of service goals including but not limited
to rates charged to company by its suppliers.
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Payment:
Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month
for that month's service. All accounts and services
provided by EOS1 Network are subject to the current
tax rate as imposed by the City of Los Angeles, State
of California which is currently 8.25%. 80% of the monthly
service charge is subject to the 8.25% tax rate, while
the remaining 20% of the monthly service charge is not
taxed. 100% of the setup fee is subject to the 8.25%
tax rate. The above applies to all accounts and services
provided by EOS1 Network.
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Payments and Fees:
Credit cards that are declined for any reason are subject
to a $1.00 declination fee. Service will be interrupted
on accounts that reach 8 days past due. Service interrupted
for nonpayment is subject to a $295 reconnect charge for Dedicated Servers, a $9.95 reconnect charge for Virtual Servers and Resellers.
Accounts not paid by due date are subject to a $7.95
late fee. Accounts that are not collectable by EOS1
Network may be turned over to an outside collection
agency for collection. If your account is turned over
for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than
$150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this
TOS.
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Refund and Disputes:
Please note, unless EOS1 Network gives notice to the contrary, payment for the Service is billed on a monthly basis and is non-refundable. This includes the one time setup fee and subsequent
charges regardless of usage. All overcharges or billing
disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your
credit card issuer that, in EOS1 Network's sole discretion
is a valid charge under the provisions of the TOS and
/or AUP, you agree to pay EOS1 Network an "Administrative
Fee" of not less than $50 and not more than $150.
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Failure
to Pay:
The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and
any collection fees.
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Account Cancellation:
Requests for canceling accounts may be made in writing
with at least 30 days notice but not more than 60 days
prior written notice and sent to:
EOS1 Network JAPAN Attn: Cancellations
PO Box 881874
Los Angeles, CA 90009
Or you may email Customer Service.
You must have all account information to cancel.
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Subscriber
acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult
to ascertain. Therefore, subscriber agrees that the
company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control
of the company. Subscriber further acknowledges that
the company's liability for its own negligence may not
in any event exceed an amount equivalent to charges
payable by subscriber for services during the period
damages occurred. In no event shall the company be liable
for any special or consequential damages, loss or injury.
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Transfer
of Domains:
New webhosting accounts which involve the transfer of
a domain from another provider to EOS1 Network, Inc.
will require a minimum of seven (7) days to be set up
and entered into our DNS servers. In some cases, such
transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by EOS1
Network, Inc. on behalf of the account holder a handling
fee will be incurred. If the customer cancels service
during the transfer period for any reason, all charges
are considered earned.
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Support Boundaries: EOS1 Network,
provides 24 x 7 technical support to our subscribers
(except for few holidays and short company meetings
when we close our center.) We limit our technical support
to our area of expertise. The following is our guidelines
when providing support: EOS1 Network provides support
related to your server or virtual site physical functioning.
EOS1 Network does not offer tech support for application
specific issues such as cgi programming, html or any
other such issue. EOS1 Network does not provide technical
support for YOUR customers. If you can email, we encourage
you to email Support for assistance. If you are able to get
online and have other questions, the answers may be
on our home page at http://Network.EOS1.jp/support/
- we encourage you to check there first. Lastly, the
Help files in the program you are using may have the
answer to your question so please do investigate these
resources before calling tech support.
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SPAM
and Unsolicited Commercial Email (UCE):
EOS1 Network takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM
over our network. Very simply this means that customers
of EOS1 Network may not use or permit others to use
our network to transact in UCE. Customers of EOS1 Network
may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations
of this policy carry severe penalties, including termination
of service.
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Violation
of EOS1 Network's SPAM policy will result in severe
penalties. Upon notification of an alleged violation
of our SPAM policy, EOS1 Network will initiate
an immediate investigation (within 48 hours of
notification). During the investigation, EOS1
Network may restrict customer access to the network
to prevent further violations. If a customer is
found to be in violation of our SPAM policy, EOS1
Network may, at its sole discretion, restrict,
suspend or terminate customer's account. Further,
EOS1 Network reserves the right to pursue civil
remedies for any costs associated with the investigation
of a substantiated policy violation. EOS1 Network
will notify law enforcement officials if the violation
is believed to be a criminal offense.
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First
violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed
for possible immediate termination. A second violation
will result in an "Administrative Fee" of $500
and immediate termination of your account. Users
who violate this policy agree that in addition
to these "Administrative" penalties, they will
pay "Research Fees" not to exceed $175 per hour
that EOS1 Network personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
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As
our Customers are ultimately responsible for the
actions of their clients over the EOS1 Network,
it is advisable that Customers develop a similar,
or stricter, policy for their clients.
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IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support spammers
or cause any of our IP space to be listed in any of
the various Spam Databases will have their server immediately
removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL
traces of the offending material immediately upon reconnection
and agree to allow us access to the server to confirm
that all material has been COMPLETELY removed. Severe
violations may result in immediate and permanent removal
of the server from our network without notice to the
customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network
without notice.
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Network
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IP Address Ownership: If EOS1 Network assigns
Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address
shall belong only to EOS1 Network, and Customer
shall have no right to use that Internet Protocol
address except as permitted by EOS1 Network in
its sole discretion in connection with the Services,
during the term of this Agreement. EOS1 Network
shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned
to Customer by EOS1 Network, and EOS1 Network
reserves the right to change or remove any and
all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new policies.
These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted
as justification for new IP addresses. What this
means to you is that you MUST use name-based hosting
where possible. We will periodically review IP
address usage, and if we find that clients are
using IP addresses where name-based hosting could
be used, we will revoke authorization to use those
IP addresses that could be used with name-based
hosting.
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Bandwidth and Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed the
number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed
Usage"). EOS1 Network will monitor Customer's
bandwidth and disk usage. EOS1 Network shall have
the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action may include the assessment
of additional charges, disconnection or discontinuance
of any and all Services, or termination of this
Agreement, which actions may be taken is in EOS1
Network's sole and absolute discretion. If EOS1
Network takes any corrective action under this
section, Customer shall not be entitled to a refund
of any fees paid in advance prior to such action.
In the event that a customer exceeds the included
allocation, EOS1 Network may, at its sole discretion,
collect a deposit, in an amount determined by
EOS1 Network, against customer's credit card on
file with EOS1 Network.
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System and Network Security: Users are prohibited
from violating or attempting to violate the security
of the EOS1 Network. Violations of system or network
security may result in civil or criminal liability.
EOS1 Network will investigate occurrences, which
may involve such violations and may involve, and
cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations.
These violations include, without limitation:
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Accessing
data not intended for such User or logging
into a server or account, which such User
is not authorized to access.
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Attempting
to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without proper
authorization.
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Attempting
to interfere with service to any user, host
or network, including, without limitation,
via means of overloading, "flooding", "mail
bombing" or "crashing".
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Forging
any TCP/IP packet header or any part of
the header information in any e-mail or
newsgroup posting.
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Taking
any action in order to obtain services to
which such User is not entitled.
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Notification
of Violation:
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EOS1
Network is under no duty to look at each customer's
or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any
responsibility through our AUP to monitor or police
Internet-related activities.
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First
violation: Any User, which EOS1 Network determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning
them of the violation. The service may be subject
at EOS1 Network's discretion to a temporary suspension
pending a User's agreement in writing, to refrain
from any further violations.
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Second
Violation: Users that EOS1 Network determines
to have committed a second violation of any element
of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service
without further notice.
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We
reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is
causing great harm to parties on the Internet.
In particular, if open relays are on your network
or a customer's network, or if denial of service
attacks are originating from your network. In
certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will
contact you as soon as is feasible.
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Suspension
of Service or Cancellation:
EOS1 Network reserves the right to suspend network access
to any customer if in the judgment of the EOS1 Network
administrators the customer's server is the source or
target of the violation of any of the other terms of
the AUP or for any other reason which EOS1 Network chooses.
If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until
an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The customer
will not be credited for the time the customer's machines
were suspended.
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EOS1
Network reserves the right to amend its policies at
any time. All Sub-Networks, resellers and managed servers
of EOS1 Network must adhere to the above policies. Failure
to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible
for the actions of your clients in the matter described
on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms
of use policy.
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Indemnification:
EOS1 Network wishes to emphasize that in agreeing to
the EOS1 Network Acceptable
Use Policy (AUP) and Terms of Service (TOS), customer
indemnifies EOS1 Network for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (TOS) that results
in loss to EOS1 Network or the bringing of any claim
against EOS1 Network by any third-party. This means
that if EOS1 Network is sued because of a customer's
or a customer of a customer's activity, the customer
will pay any damages awarded against EOS1 Network, plus
all costs and attorney's fees.
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Miscellaneous
Provisions:
You must provide us with, and keep current, good contact
information for you. E-mail, fax, and telephone contacts
are used, in that order of preference.
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A
waiver by the Company of any breach of any provision
of this Agreement by Subscriber shall not operate
as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of
any other provision thereof.
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Subscriber
shall not transfer or assign this Agreement without
the prior written consent of the Company. Company
may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract
at anytime without further obligation.
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EOS1
Network takes no responsibility for any material
input by others and not posted to the EOS1 Network
by EOS1 Network. EOS1 Network is not responsible
for the content of any other websites linked to
the EOS1 Network; links are provided as Internet
navigation tools only. EOS1 Network disclaims
any responsibility for any such inappropriate
use and any liability to any person or party for
any other person or party's violation of this
policy.
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EOS1
Network is not responsible for any damages your
business may suffer. EOS1 Network does not make
implied or written warranties for any of our services.
EOS1 Network denies any warranty or merchantability
for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions
caused by EOS1 Network.
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Responsibility
for Content:
You, as EOS1 Network's customer, are solely responsible
for the content stored on and served by your EOS1 Network
server.
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