An Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.
The AUP of Evans Host, which is owned by Legnave Internet Company, is aimed at explicitly outlining the purposes for which customers CANNOT use our hosting services and position data on our network servers.
This Acceptable Use Policy (AUP) is accepted as part of the Web Hosting Terms of Service each user agrees to abide by when signing up for an account with our hosting services. Any violation of these AUP terms will be considered as violation of our Web Hosting Terms of Service.
We - Evans Host, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.
In order to protect our company's reputation and responsibilities, and guarantee robust and reliable hosting service to all our customers, as well as the privacy and security of all our individual users, we - Evans Host - hereby state the following AUP conditions to come into force for each user signing up for a web hosting account with our hosting services:
Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
Evans Host will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Evans Host customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming' (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to Evans Host services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
'Background process' is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.
Background processes are not permitted on any of our cloud and shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our cloud and shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
In order to ensure higher server performance and quality of hosting service all cloud hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be offered to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.
If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. Evans Host will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.
SPAMMING IS PROHIBITED. Users MAY NOT utilize our hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").
Spamming is a violation of ethic norms and will be interpreted as an infringement. Evans Host will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. 'Spamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.
'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).
No Unconfirmed Mailing Lists, Unsolicited Bulk E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail ("UBE") or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not reference Us in any unsolicited email that you send. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any < Evans Host > hosted domain, or referencing any Evans Host account, is prohibited.
CONTENT published or transmitted via Evans Host's hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network's services.
The user of our services is NOT permitted to post online content or have links to content that:
Copyrighted material must not be placed on Customers' accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.
We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's account, if we find, at our own discretion, sufficient evidence pro customer's side.
Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.
If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our system, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.
We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.
This is an Agreement between You - the Customer, and the following company - Fatech Team Global LLC. All billing and hosting services are rendered by Fatech Team Global LLC (billing operations will be handled here). For the sake of brevity, Fatech Team Global LLC will be referred to as 'Evans Host' in this document.
This Agreement explicates the terms and conditions that You - the Customer, agree to abide by when signing up for a free account with our company, as well as the responsibilities included in our business partnership and the basis upon which all transactions between You and Evans Host will take place.
The Effective Date of this agreement shall be considered to be the date on which you - the Customer, completed the signup process of Evans Host's FREE Program.
Whereas, Evans Host is a fully-operational Internet web hosting and domain registration company; and whereas, the Customer desires to purchase web hosting and/or domain name registration services, as well as any other services or products that may be available from Evans Host.
Therefore, Evans Host and the Customer agree as follows:
Evans Host grants the Customer a non-exclusive, non-transferable license to offer its Services worldwide. The Services are subject to Evans Host's Web Hosting Terms of Service. These Web Hosting Terms of Service are an integral part of the Customer Agreement.
As used in this Reseller Agreement, “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
In cases where the Customer manually signs up a given customer, be that via the Customer store templates or via the Reseller Control Panel, they must provide that client with all the necessary documentation and legal agreements. Evans Host will still assume the roles of both Data Controller and Data Processor regarding the Personal Data associated with the account.
For clients who sign up for the services through the API, Evans Host will act only as the Data Processor, whereas the Customer will assume the role of the Data Controller. In such cases, the Data Processing Agreement (Appendix A) of the Reseller API Agreement will govern the processing of Personal Data.
If you collect Personal Data related to the services provided under this Reseller Agreement, You will provide a clear and conspicuous privacy notice to such individuals that accurately describe what you collect and process, in compliance with the applicable laws.
If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by Evans Host (including, when necessary, entering into contractual clauses with Evans Host) to ensure that the transfer of the Personal Data meets the Data Protection Laws’ respective requirements.
Evans Host authorizes the Customer to co-brand the Services by using Evans Host's name along with the Customer's PRIVATE BRAND name and logo.
You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Evans Host.
The images are used purely for demonstration purposes and are meant to give the visitor a functional preview of what the theme will look like once content has been added. The images have been licensed for use solely by Evans Host and should not be used by anyone else unless a specific permission is sought and obtained from Evans Host. You are responsible for adding your own images.
Our products are provided "as is" without warranties of any kind (express, implied, etc.). In no event will our juridical person be held liable for any damages (including, but not limited to, direct, indirect, special, incidental or consequential damages) or losses arising out of the use of (or the inability to use) our products.
The Customer acknowledges that all prices, discount rates and transaction fees are subject to change. Evans Host will provide its Services to the Customer according to the Evans Host's Wholesale Price Catalog available at our website's web hosting plan pages. Selection of services and setting of retail prices can be done by the Customer from his/her Customer Control Panel.
The Customer authorizes Evans Host to charge each customer purchasing a service through his/her Store with the exact service price amount (in the currency) designated by the Customer.
Each reseller account has a digital wallet which can be used to facilitate the purchase of services from that account.
Funds in the reseller wallet CANNOT be withdrawn or used for purposes other than the purchase of services from a reseller account.
The Free Reseller Program gives the Customer an option to earn a Weekly commission, the amount of which depends on the sales he/she has made for the period of one week (the week prior to the week of the commission payment release date). The commission amount is calculated per sold single service (hosting plan, domain name, and upgrade) on the basis of a simple formula:
[retail price - wholesale price = commission due]
The due commission represents the net difference between the wholesale cost and the retail cost of all services sold within a week. Evans Host deducts no billing fees or customer charges from that amount and sends it as it is to the Customer.
The minimum amount for payment of the customer commission is $5.00 US. If the Customer chooses bank wire as a payment method, the minimum customer commission will become $50.00 US.
An affiliate commission of 5% will be added to the Customer's commission from the wholesale price of each hosting account sale made by a Customer (or each purchase of a dedicated server service made by a Customer) referred by you to Evans Host through our 2nd Tier Affiliate Program.
The 2nd Tier Affiliate Program does not include affiliate commissions for sold domain names. In the event of a refund or a fraudulent sale of the affiliated customer (or dedicated services customer), the 5% affiliate commission for the respective transaction will be deducted from the commission payment of the Customer.
Evans Host may inform the Customer of expirations of services at the e-mail address given in the Customer's account profile. In case that a service is not renewed in due time, Evans Host may inform all mailboxes dependant on that service (hosted in the customer's account), in order to secure a trouble-free performance of the Customer's website/domain and related services. The Customer's email address pointed in the 'Contact Us' section of his/her website template will be given as a Service Provider contact. In case that the 'Contact Us' section of his/her website template does not contain an email address for contact, the following mail address will be used: email@example.com.
Evans Host will provide technical support to the Customer and all his/her customers via any of the following support channels: live chat, ticketing system. Customers may choose also to provide support to their customers themselves.
The Customer agrees that all notices (except for notices concerning breach of this Agreement) from Evans Host to the Customer may be posted on our web site - http://freehostingresell.com. Notices concerning breach of this Agreement will be sent either to the e-mail address that the Customer has provided in his Customer profile or mailed by first class mail to the postal address that the Customer has on file with Freehostingresell In both cases, delivery shall be deemed to have been made five (3) days after the notice has been sent. Notices from the Customer to Freehostingresell should be made by e-mail sent to the address provided on our web site.
The Customer agrees that Freehostingresell, in its sole discretion and without liability to the Customer, may terminate this Agreement if the Customer is found to be using Freehostingresell's Services in association with unsolicited commercial e-mail (SPAM) or morally objectionable activities. Morally objectionable activities may include, but are not be limited to: activities that are in nature defamatory, embarrassing, harmful, abusing, threatening, slanderous or harassing third parties; activities prohibited by any applicable law of the United States and/or foreign territories in which the Customer conducts business; activities designed to encourage unlawful behavior of others, such as hate crime, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. Please, view our Acceptable Use Policy (AUP) for more information on this matter. In the event that Freehostingresell terminates this Agreement for SPAM or any morally objectionable activity described in this document and/or our AUP, no refund payment will be issued to the Customer and/or his customer(s).
The Customer agrees that he/she will NOT approach Freehostingresell's employees with proposals to hire them as his/her own employees or contractors. If the Customer were to hire any of Freehostingresell's employees, the Customer agrees to pay Freehostingresell - for each employee hired - the greater amount of a three years salary that the Customer is to pay that employee or $100 000 USD.
Freehostingresell shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Customer Agreement, the Domain Name Registration Agreement, and/or any services and products that the Customer may choose to resell, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Freehostingresell has been notified of the possibility of any claims. Freehostingresell's liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages. In no event shall Freehostingresell's maximum liability exceed the total amount paid by the Customer for the Service or the product.
Freehostingresell agrees to contact the Customer via email or ticketing system in relation to any customer's case that requires a feedback from the Customer and reserves the right to take measures to resolve the case if no response is received by you the Customer within 48 hours of the email/ticket submission.
This Agreement and its coherent policies (the Web Hosting Terms of Services, the Acceptable Use Policy and the Domain Name Registration Agreement) are subject to change. Freehostingresell reserves its right to modify these policies upon need without prior notice. All such changes will be announced on our website: http://freehostingresell.com. Therefore, customers are encouraged to periodically review these Terms and Agreements, as well as our news postings, in order to have always up-to-date and applicable policy information.
The Customer may terminate this Agreement and his/her customer account at any point. However, if the Customer has active customer accounts signed up through his/her customer store(s), the Customer needs to send a notice to Freehostingresell 30 days prior to the termination date of his/her account, either by sending a ticket from his/her Reseller Control Panel or by e-mailing to support@Freehostingresell.com. This is requested in order for Freehostingresell to have the opportunity to transfer all active customer accounts of the Customer (the entire Customer's customers default in such cases to Freehostingresell) and ensure that the customers' websites (domains), FTP, private DNS and e-mail services will not suffer an unexpected downtime.
The Customer may not assign its rights or duties under this Agreement to another individual or entity without the expressed written consent of Freehostingresell, which will not be unreasonably withheld. Freehostingresell may assign its rights and obligations under this Agreement without prior notice, as long as the Service continues to operate as outlined in this Agreement.
The provisions of this Agreement are severable. If any part of the Agreement is found to be unenforceable, invalid, or void, then that part will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining provisions of the Agreement will remain in full force and effect.
This document and its coherent policies (Freehostingresell's Web Hosting Terms of Service, Acceptable Use Policy and Domain Name Registration Agreement) constitute the entire agreement and contract between the parties mentioned herein (Freehostingresell and the Customer of our Services), and supersedes any and all prior and contemporaneous, oral, or written representations, communication, understandings, and agreements between these parties with respect to the subject matter reviewed herein.
Evans Host accounts are set up on a prepay basis. Evans Host's Customers may decide to cancel their accounts at any time; however they will get a full refund of the service only if the cancellation request is made within 7 days of purchasing of the account, according to our Money Back Guarantee Policy.
To cancel an account, the Customer needs to send a support ticket to our Sales Department and provide any authentication credentials requested by Evans Host. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses) offered to the Customer upon sign-up will be also cancelled.
Domain name registrations/transfers, service upgrades, vps, addons, dedicated servers and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon Customer request. The Customer will have the possibility to transfer his/her domain away to another host.
Late cancellations, as well as accounts cancelled by Evans Host due to TOS violations (where the Customer has decided not to fix the violation) do not qualify for the 7-daymoney back guarantee.
All credit requests for VISA, MasterCard, American Express, and Discovery payments are processed within 48 hours of the submission of the refund request (by ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service OR THE PAYMENT METHOD USED.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect Customer's PayPal balance in accordance with PayPal's terms of service.
Evans Host offers a 7-daymoney back guarantee. If, for any reason, the Customer is dissatisfied with our shared hosting services, we will refund their hosting fees at any time during the first 7 days after the signup date of any hosting account the Customer has purchased from us. The Customer can submit a refund request in a trouble ticket from the Web Hosting or Reseller Control Panel, and receive full refund for any hosting plan the Customer has purchased from us within 7 days of the payment data of the account.
SSL certificates, as a third party service, are not covered by the 7-day money back guarantee, which Evans Host provides for its web hosting services. An SSL certificate is eligible for refund for a 7-day period after the original purchase.
All recurring payments and all payments made via Western Union, Bitcoin or bank wire are non-refundable and are not subject to the 7-day money back guarantee.
Non-Refundable Services: all service upgrades, wallet refills , addons, dedicated servers, vps and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.
All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to a Customer in accordance with our 7-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by Evans Host is located in section 3 of this legal document.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at Evans Host will be subject to full investigation.
When signing up for a web hosting service with Evans Host, Customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service. Thus, Evans Host, as well as our authorized payment service providers, will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of our Evans Host team will be to try to contact the Customer. Meanwhile, the Customer's account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and eventually the account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service and the AUP of Evans Host will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Evans Host has the right to a reverse payment.