By ordering EZManagedHosting.com hosting service or any product you (the client) agree to these terms of service and to follow EZManagedHosting.com’s Usage Policy, as each may be amended or revised from time to time.
1. Account Activation
1.1. We (EZManagedHosting.com) aim to activate your account within 48 hours after you sign up. The actual time will vary depending on each client’s circumstances and our standard fraud check protocol and receipt of your payment. You (the client) consent to our use of a charge back bureau and credit checks.
1.2. Please fill in your correct phone number when you sign up.
2. Technical support
2.1. We provide free technical hosting support via email, Skype and tickets only. This may include anything related to your hosting account. Paid application support is available for $100 per hour.
2.2. Only relevant application support is rendered. Any additional features or functionality can be developed at the customer’s expense at $100 per hour.
3. Technical Support Limitations
3.1. Although debugging or analyzing scripts is not included in our standard services, for an additional charge we may provide debugging and analyzing of scripts. Please note, if you are going to be using scripts, you must be an experienced programmer as our support of custom scripts is not covered by the hosting fee.
4. Payment Methods That We Accept
4.1. We accept only Visa, AMEX, Master Card and Discover cards, Paypal, money wires and personal checks. We do not accept cashier’s checks or money orders.
5. Payments For Development Services
5.1. We generally do not require any down payment if the total amount of services ordered is less then $200, in which case payment can generally be made within five (5) business
days after completion of the work. For all services above $200 we require a 50% down payment prior to starting the work with the remaining 50% paid at completion. All work must be paid for in-full within fifteen (15) business days of completion.
5.2. If your full payment is not received within such fifteen (15) business day period then you shall be charged interest at an annual percentage of ten percent (10%) compounded
daily. Failure to pay within said fifteen (15) business day period, gives us the right to submit such bill to collection.
5.3. Customers outside of the U.S. are required to pay in full before we start any development projects for them.
5.4. In case of any conflicts all current work is stopped until the incident is completely resolved. The down-payment is only refundable within the first week after the payment has been received and not under any circumstances thereafter.
6. Rights to Copyright
6.1. We require our copyright links to be present on the customer’s web site unless otherwise agreed to in the project specifications. Removal of EZManagedHosting’s copyright links will void any warranties, offers or responsibilities from EZManagedHosting and will lead to renegotiation of any further development fees. Removal of EZManagedHosting’s copyrights does not relieve the customer of paying any due or future invoices that might be generated in relation to the project.
6.2. Any free products provided by EZManagedHosting with the copyrights removed without our permission will immediately make the customer fully liable for the associated costs that will be calculated based on the invested resources.
6.3. The ownership of the code is transferred after the payment has been received in full from the customer and is limited by any licenses or copyrights associated with the product or libraries used for the operation and development of the project.
7. Non-payments For Our Services
7.1. For all accounts that are one (1) month past due or more we reserve the right to suspend or terminate the account or undo all the work we have done until payment is received
in-full. Further, we have the right to terminate your account once it is one (1) month past due and to replace all such homepages with our homepage. We also reserve the right to send your information to any collection agency, use private investigation services and share your credit information (this will include any data we obtain from a third party service, credit bureaus and other online protective services).
8.1. Backups’ quality is the sole responsibility of the client. Although we do daily/weekly/monthly backups we make no guaranties of the quality of our backups. Often there is at least a 10% file loss
in the transfer to a backup file and/or the backup file of your site may be corrupted. We provide all the necessary tools in your hosting account to do complete backups of everything.
8.2. If you are no longer our customer and need a full backup of your site we might provide such backup for $150 if we still have a copy of it. This sum can vary based on the actual size of your account and the time and expenses needed to get it to you. This doesn’t apply to any custom-software that we might have built or set up for you and haven’t collected our development fees for it. In such a case the backup cost will depend on the amount of work we have initially put into building the system.
9. Hosting and Domain Renewals
9.1. As our customer and the owner of domains that you purchase through our service, it is solely your responsibility to make sure your domain(s) get properly renewed. Domain expiration can be caused by late or non-payments or some billing issue with your account. We are readily available to assist you, but keep in mind that all domains that got into Redemption (which happens in
1 month after domain expired) are subject to $350 renewal fees.
9.2. The email service provided by EZManagedHosting is complementary to the website hosting only. It cannot be treated as business class or professional in any form. This means that it’s completely self-managed and doesn’t support any business-critical functions. You have the ability to create your own mailboxes from your cpanel account and configure Outlook, Thunderbird, etc mail programs to work with those mailboxes. Our system is designed to block IP address of the user who typed in their password incorrectly more than 3 times. If your IP gets blacklisted you will not be able to open your site or check your emails. Log in to your billing account and use the utility there to unblock your IP. If urgent (within 24 hours) email support is needed it can be provided at $150 an hour on business days, otherwise the price is $100 an hour.
As an alternative we recommend setting up a Gmail account and mapping your address to it. This can be done with as many accounts as needed and your domain-specific email account can be mapped to one or multiple Gmail addresses.
10.1. If you decide to cancel your account, just submit a trouble ticket to us fourteen (14) days in advance BEFORE your next billing cycle. We have the right to delete your site immediately upon receipt of such cancellation notice in order to prevent any risk of spamming, DoS attacks, port scans, IP Hijacks and the like using our services.
10.2. As noted above, your hosting accounts may be cancelled if you fail to pay for our services in a timely manner.
10.3. Domain names that came with our hosting may be used free (only in special cases) of charge only while hosting with us. If your service is cancelled we may sell such name to you for $350.
10.4. If any direct or indirect charge-back threat or any other threat is received from a customer their account will be automatically put on hold until further investigation is conducted.
11. Refund Policy
11.1. All advanced payments and deposits are non-refundable. Upon early cancellation, EZManagedHosting.com shall keep all unpaid balances.
12. Client Warranties
12.1. You represent and warrant to EZManagedHosting.com that:
(a) You own or have the right to use all material contained in the website, including all text, graphics, sound, video, programming, scripts, and applets; and
(b) The use, reproduction, distribution, and transmission of the EZManagedHosting.com website, or any information or materials contained in it, on and from server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising,
unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
(c) You are using your true name and address in your communications with us and in your billing account.
12.2. You can also represent a company or another person but it has to be made clear to us and proper documentation provided.
12.3. If at any point we suspect that you are using stolen or fake identity, we will immediately suspend your account and will request a scanned copy of your picture ID to sent to us by email within 48 hours. Until such ID is provided we will stop any communications with you, any technical or billing assistance.
13. Limitations of Warranties and Liability
13.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EZManagedHosting.com DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. EZManagedHosting.com WILL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OR PROFITS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SIMILAR DAMAGES, OR, OTHER THAN AS SET FORTH IN THIS AGREEMENT, FOR CLAIMS OF DAMAGES MADE BY ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AS INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT.
IN NO EVENT WILL EZManagedHosting.com LIABILITY EXCEED THE TOTAL PRICE AS DEFINED IN THIS AGREEMENT.
14. Right to Monitor and Remove Unacceptable Sites
14.1. EZManagedHosting.com has the right, but not the duty, to review and monitor all content submitted for or included on the website, and in its sole discretion to remove any content
that EZManagedHosting.com finds objectionable for any reason without prior notice to you.
15.1. You are solely responsible for any liability arising out of or related to the website. You agree to indemnify and hold EZManagedHosting.com harmless from and against any
and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts’ fees, associated with any claim or action brought against EZManagedHosting.com related to or arising out of the website or your breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement.
16.1. This Agreement may not be assigned by you directly or by operation of law to any other person, firm, or entity without the express written approval of EZManagedHosting.com.
17. Causes Beyond Reasonable Control
17.1. EZManagedHosting.com will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from
causes beyond its control.
18. Validity of Agreement
18.1. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain
in full force and effect and shall in no way be affected or invalidated.
19. Entire Agreement
19.1. EZManagedHosting.com reserves the right to change, append or revise its usage policies or terms of service at any time for any reason and without advance notice.
19.2. This agreement as it may be amended by EZManagedHosting.com from time to time, including the usage policy, the billing policy and any exhibits, appendices, and attachments, contains
the entire agreement of the parties relating to the rights granted and obligations assumed in this agreement.
20. Venue and Applicable Law
20.1. This agreement shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts (without respect to principles of conflicts of law),
and the parties submit to jurisdiction of and venue in the Commonwealth of Massachusetts in any legal proceeding necessary to interpret or enforce this agreement or any part of this agreement.
21. Collection Fees and Costs
21.1. If you fail to pay all sums in full when due, then EZManagedHosting.com shall be entitled to recover from you EZManagedHosting.com’s actual costs of collection, including without limitation,
reasonable attorney’s fees and all other litigation costs, including expert witness fees, and all actual attorney fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the proceeding sentence shall be severable from the provisions of this agreement and shall survive the entry of any such judgment.
21.2. We will charge 25 cents per transaction of a not working or not updated credit card every time our system tries to run it.