|
|
Ebizland: Thỏa thuận sử dụng
Ebizland Co.Ltd đồng ý cung cấp dịch vụ cho khách hàng theo các điều khoản thỏa thuận sau đây:
Use of ebizland's Service constitutes acceptance and agreement to
ebizland's AUP (" Acceptable Use Policy") as well as
ebizland's TOS ("Terms of Service").
All provisions of this contract are subject to the ebizland TOS and AUP.
The TOS and AUP may be changed from time to time at
the discretion of ebizland as stated below. Subscriber understands that change to the TOS or AUP by
ebizland shall not be grounds for early contract termination or non-payment.
-
Disclosure to Law Enforcement: The AUP rất cụ thể là cấm sử dụng dịch vụ của công ty Ebizland vào các hoạt động vi phạm pháp luật. Vì vậy, khách hàng khách hàng của công ty đồng ý là công ty Ebizland sẽ cung cấp đầy đủ thông tin liên quan đến khách hàng về địa chỉ IP, thông tin tài khoản, hoạt động của tài khoản trên hệ thống của công ty .. cho các cơ quan thực thi và bảo vệ pháp luật khi được yêu cầu bằng văn bản mà không cần phải thông báo cho khách hàng. Thêm vào đóm công ty Ebizland có quyền ngừng cung cấp dịch vụ hoặc hủy bỏ dịch vụ cung cấp.
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 ebizland 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.
-
Thanh toán và chi phí: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due; 5 days past due for dedicated servers. Service interrupted for nonpayment is subject to a $10 reconnect charge; $100 for dedicated servers. Accounts not paid by the due date are subject to a 10% late fee, or $5, whichever is greater. Accounts that are not collectable by ebizland may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay ebizland a "Processing and Collection Fee" of not less than $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to ebizland, Inc. are nonrefundable. 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 ebizland's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ebizland an "Administrative Fee" of not less than $50 and not more than $150.
-
Thanh toán trễ hạn: ebizland có thể tạm thời ngừng cung cấp hay từ chối cung cấp dịch vụ khi khách hàng thanh toán trễ hạn. 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.
Account Cancellation: All requests for canceling accounts must be made in writing or through the customer center with at least 30 days notice but not more than 60 days prior. You must have all account information to cancel.
-
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of ebizland and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that ebizland shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ebizland. Subscriber further acknowledges that ebizland'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 ebizland be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by ebizland, Inc. on behalf of the account holder a handling fee may be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to ebizland, Inc. will require a minimum of seven (5) 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 ebizland, Inc. on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: ebizland, provides 24x7 technical support to our subscribers (except for few holidays and short company meetings when we may close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: ebizland provides support related to your server or virtual site physical functioning. ebizland does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ebizland does not provide technical support for YOUR customers. If you can email, we encourage you to contact us for assistance. If you are able to get online and have other questions, the answers may be on our support pages, 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.
SPAM and Unsolicited Commercial Email (UCE): ebizland 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 ebizland may not use or permit others to use our network to transact in UCE. Customers of ebizland 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.
Violation of ebizland's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ebizland will initiate an immediate investigation (within 48 hours of notification). During the investigation, ebizland may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ebizland may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ebizland reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ebizland will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $200 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 $100 per hour that ebizland personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
As our Customers are ultimately responsible for the actions of their clients over the ebizland network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Network:
IP Address Ownership: If ebizland assigns Customer an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to ebizland, and Customer shall have no right to use that Internet Protocol address except as permitted by ebizland in its sole discretion in connection with the Services, during the term of this Agreement. ebizland shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ebizland, and ebizland 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.
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"). ebizland will monitor Customer's bandwidth and disk usage. ebizland 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 ebizland's sole and absolute discretion. If ebizland 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.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the ebizland Network. Violations of system or network security may result in civil or criminal liability. ebizland 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:
Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
ebizland 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.
First violation: Any User, which ebizland 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 ebizland's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that ebizland 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.
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.
Suspension of Service or Cancellation: ebizland reserves the right to suspend network access to any customer if in the judgment of the ebizland 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 ebizland 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.
ebizland reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ebizland 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.
Indemnification: ebizland wishes to emphasize that in agreeing to the ebizland Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ebizland for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ebizland or the bringing of any claim against ebizland by any third-party. This means that if ebizland is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ebizland, plus all costs and attorney's fees.
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.
A waiver by ebizland 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.
Subscriber shall not transfer or assign this Agreement without the prior written consent of ebizland. 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.
ebizland takes no responsibility for any material input by others and not posted to the ebizland Network by ebizland. ebizland is not responsible for the content of any other websites linked to the ebizland Network; links are provided as Internet navigation tools only. ebizland 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.
ebizland is not responsible for any damages your business may suffer. ebizland does not make implied or written warranties for any of our services. ebizland 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 ebizland.
- Máy chủ IRC: Khách hàng của công ty cấm sử dụng dịch vụ để triển khai các chức năng của máy chủ IRC.
- Thuần phong mỹ tục: - Tất cả nội dung trái với thuần phong mỹ tục, văn hóa và đạo đức của Việt Nam cấm lưu trữ trên tất cả máy chủ của chúng tôi.
Revisions To This Terms of Service (TOS)
ebizland reserves the right to revise, amend, or modify the TOS and AUP and all other policies and agreements at any time and in any manner without notice. Subscriber understands that change to the TOS, AUP, or other policy or agreement by ebizland shall not be grounds for early contract termination or non-payment.
[Last Updated: 09/20/2007]
|
|