Product Terms & Condition

Hosting Terms Of Service

Hosting Terms Of Service

We have a responsibility to protect each client and provide the best services available. The following guidelines have been established to ensure this intent is met.

Use of services from EGN, hereafter referred to as "EGN" constitutes acceptance and agreement to these terms. From herewith in this terms of service ("TOS"), the usage of "us", "we", "our", "ours" shall constitute reference to EGN, the usage of "you", "your", "they", "them" shall refer to the client / customer of EGN. All clients, servers, traffic, and equipment of EGN are subject to terms herein.

Contact & Billing Information

You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to E-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the email address on file is current or up to date at all times. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.

Account Setup

While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers, virtual private servers, and colocation services may often require a great deal of extra time to provision. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. We make no guarantees in regards to the speed in which an order is completed. Accounts will only enter the setup queue once we have received payment and screened the order for fraud. Accounts are then setup in the order they are paid, received, and screened.

Account Transfers

In certain cases where requested by the client we will transfer your data from the previous provider to our servers. This will be done with our best efforts, however, we do not guarantee the transfer process. This courtesy service is done on an as requested and as available on a case-by-case basis. Each provider may use different software, configurations, and/or other variables which complicate or in some cases prevent a smooth transfer. We will provide free transfers when possible as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.

IP Ownership

If we assign a Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to us, and Customer shall have no right to use that Internet Protocol address except as permitted by us at our sole discretion in connection with the Services, during the term of this Agreement. We shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by us, and we reserve 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.

Service Plans

Business accounts may not resell hosting. All accounts that include endless disk space will start with no less than 50 GB of disk space quota. You may request more space via a simple button click in your cpanel when you have used 80% of your current allowance. Our system will automatically increase your quota and you can continue to request more every time you reach 80% usage. Clients may not use this space for anything other than active hosting files, i.e., files needed for their actual website. It is not to be used to store other data, backups, or archive files of any kind. Files must be publicly accessible and linked on your site.

EGN reserves the right to reset the password if the password on file does not work if we are being direct to by law enforcement or to perform security audits. Clients must ensure the email, phone number, and passwords on file are current at all times. EGN reserves the right to audit servers to ensure a secure and safe network.

Domain Registrations

You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. EGN will register such services for you on your behalf but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. You, as the registrant of the new domain, are required to ensure correct whois information is maintained at all times.

Pricing

EGN reserves the right to change pricing terms on any accounts and services at anytime. We will never increase an existing client's account plan pricing.

Billing and Payments

You agree to pay EGN in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. EGN reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. EGN provides a 5 day grace period from the time invoices are generated. Service will be interrupted on accounts that are 5 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full.

Cancellation

All cancellations must be sent using the cancellation form in the support center/dashboard. Cancellations are effective the date the form is submitted unless otherwise request. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable.

Content

You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of law is prohibited. Use of our services to infringe upon any copyright or trademark is prohibited.

We do not permit adult content. You are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services.

Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. This includes but is not limited to unauthorized copying of movies, music, books, photographs, or any other copyrighted work. We do not allow any content that may be construed as offensive or illegal including, but not limited to pirated software, bit torrents, IRC, Proxies, hacker programs/archives, copyrighted MP3's, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited.

Fraud

Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam, Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Attacks and Exploits

Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.

Commercial Advertising Email (SPAM)

EGN maintains a zero tolerance spam policy and we adhere to it strictly. Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund.

Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated.

We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by EGN and usually no less than $500 per incident.

Programs/Daemons

We do not allow programs to run continually in the background on shared hosting servers. This is to minimize system resources used and operational maintenance needed. IRC: We DO NOT allow IRC or IRC bots on our network. Proxy: We DO NOT allow proxy services on our network.

Server abuse

Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Resource Usage

If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients services. The Company is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 30% of a systems resource for longer than 1 minute or more than 150,000 inodes on any single account. Every file on a server is 1 inode. Clients reaching or exceeding this limit will be contacted so we can evaluate their needs and if necessary make other arrangements.

You may not use your account for file storage of other accounts, backups, storing backups of dvd's, mp3's, or any files larger than 50MB. Large and plentiful files used in this manner on an active system can cause file system corruption and lead to not just your own data loss but that of others.

You may not send more than 1000 emails per hour on your accounts. Any emails over that limit will be discarded. You may batch the emails to stay within limits.

Bandwidth Usage

Your account is provisioned with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, until you upgrade to a higher plan, or until you purchase more bandwidth. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages. Bandwidth limits on shared aplans are divided into daily equal limits that reset each night. I.e., 300 GB month / 30 days = 10 GB day.

Back-ups and Data Loss

Clients use our services at their own risk. Our server software does create daily backups for users sites that you may download on your own. We do not store this file and it is for your own use should you choose to use it. We perform daily backups on all of our servers to ensure critical files are never lost. We provide this costly service free with no warranty and only as a courtesy. Any site using more than 10GB space will be removed from the backup service. You may opt to purchase backup service for an additional fee. We will not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive or additional backup service. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), we will restore the backup freely. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.

Disclaimer

We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages, loss, or injury

Modifications

We reserve the right to revise, amend, or modify these terms and our other policies at any time and in any manner without notice. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. All clients understand that a change these terms by the EGN shall not be grounds for early contract termination or non-payment.
 

Product Terms & Condition

License Grant
Script4Profit hereby grants you a non-exclusive license to use one copy of the software you order on a single web site unless otherwise stated or extra groups/installs have been purchased. Script4Profit retain the right to modify, add, or remove any or all of the following terms and conditions of this agreement.

Script4Profit guarantees successful installation of all software you buy or lease from Script4Profit and the program working on your server in a way as demonstrated in our demo section and requirement subject to the following terms and conditions:

Software Installation Services
Installation does not include HTML, database customizing or graphic design, we install programs "as is" - the same you can see in our demo section. Customizing HTML pages are not included. You can do it yourself, order from us for an additional charge or from a third party. We will install purchased program on your site and make sure it works correctly, but it will be your responsibility to create HTML pages and/or databases and modify HTML pages and/or templates according to your sites requirements.

Self Software Installation
You do not need to know anything about CGI & PHP programming to install and use our software. However, to use some of our programs, you do need the following:

1. Basic knowledge of Internet tools (for example, be able to use FTP).
2. Basic knowledge of the operating system your server uses (be able to create and change directories, be able to change permissions on files and directories).
3. Basic knowledge of HTML, such as be able to write simple forms.
   Please, note: if you use HTML editors like MS FrontPage, you need to know HTML well enough to be able to edit pages created by your program in a text editor such as Notepad or UltraEdit.
4. Basic knowledge of server technology, such as Unix or Windows and cron tabs.

Web Browsers Capability
We cannot guarantee that all of our programs will work with browsers other than Firefox, Netscape 6+ and Internet Explorer. If any particular browser, such as AOL, WebTV, Compuserve, etc. is important for your site, please check our demos to make sure that the program will work with the browser of your choice.

Limitation of Liability
Script4Profit's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Script4Profit for the use of the Program. In no event shall Script4Profit be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Script4Profit has been advised of the possibility of such damages.

You are allowed to modify scripts, files, programs, however Script4Profit will not be liable for any damages resulting from use of modified scripts, programs and files. You may not modify with the intent of reselling our code unless prior written approval is given by Script4Profit.

You are allowed to use software products on one web site. If you are interested in using our products on more than one site, for more than one client or within more then one domain, please e-mail us and we'll work out a licensing agreement.

Support And Upgrade
For support please use the on-line support desk on our Website, limited to original support contract. Any Software updates that may be made available by Script4Profit from time to time will be supplied at Script4Profit's website download area, Purchase or Lease terms only apply to the current version software under contract, Licensee maybe subject to installation charges, increase lease price/upgrade charges, or both for any upgrades. Script4Profit does not guarantee backward compatibility with previous versions of his software as it retains the right to add, remove or modify any feature or function in previous versions, at its sole discretion.

Restrictions
You may not use, copy, modify, or distribute the Licensed Program (electronically or otherwise), or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by Script4Profit. You may not reverse assemble, reverse compile, or otherwise translate the Licensed Program. Your rights may not be transferred, leased, assigned, or sublicensed except for a transfer of the Licensed Program in its entirety to
(1) a successor in interest of your entire business who assumes the obligations of this Agreement or
(2) any other party who is reasonably acceptable to Script4Profit, enters into a substitute version of this Agreement, and pays an administrative fee intended to cover attendant costs.

No service bureau work, multiple-user license, or time-sharing arrangement is permitted, except as expressly authorized by Script4Profit. If you use, copy, or modify the Licensed Program or if you transfer possession of any copy, adaptation, transcription, or merged portion of the Licensed Program to any other party in any way not expressly authorized by Script4Profit, your license is automatically terminated.

Our softwares must never be used to defraud anybody for any reason whatsoever. By installing or using any of our softwares you are agreeing that you will not use any of these softwares to defraud anybody.

Display of Copyright and "Powered By" Notices Required
All copyright notices used throughout the program, within the scripts and within the HTML that the scripts generate, MUST remain intact. Furthermore, these notices, including "powered by" wording that appears online, must remain visible to the human eye. Your acceptance of this agreement also permits Script4Profit to list your Web site in promotional materials and/or on our Web site, unless a special agreement is made prohibiting such use.

Refund Policy
Please, look at all aspects of the software you are interested in. We value customer satisfaction and will be happy to answer all the questions regarding software that you might possibly have. We cannot refund your purchase price if it does work as promised, or you decide that it is not something you want or need.   We will promptly refund purchase price, if you can run custom CGI or PHP programs on your site and software fail to install on your server. We will be unable to refund purchase price if you claim that program does not work but refuse to provide us access to the server for installation troubleshooting.

Script4Profit's Right Of Entry
You hereby authorize Script4Profit to access your web server in order to inspect the Licensed Program in any reasonable manner during regular business hours to verify your compliance with the terms hereof.

What We May Do
We reserves the right to monitor your license usage. This includes the monitoring of your license and we will never collect any information beyond license information such as serial #'s and locations of usage. We also reserves the right to void your technical support/upgrades and/or pursue legal action if any part of this license agreement has been violated.

Licensing Details
For each license currenlty lease or have purchased you may use that software in one (1) location / domain. The number of active copies of software must match or be below the number of licenses that you currently lease or have purchased. We reserve the right to void your technical support & upgrades and/or pursue legal action if this is violated.

Injunctive Relief
You acknowledge that, in the event of your breach of any of the foregoing provisions, Script4Profit will not have an adequate remedy in money or damages. Script4Profit shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Script4Profit's right to obtain injunctive relief shall not limit its right to seek further remedies.

Trademark
All software names are trademarks of Script4Profit. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

Costs of Litigation
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

Severability
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Integration
THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF SCRIPT4PROFIT'S OBLIGATIONS AND RESPONSIBILITIES TO YOU AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF SCRIPT4PROFIT RELATING TO THE SUBJECT MATTER HEREOF.