Terms of Service - Energized Web Hosting

What is this?
The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Energized I.T.’s services implies agreement with these terms!

 

Questions?
Any questions regarding this agreement should be sent to Energized I.T.’s sales department prior to signing up for service.

 

Terms of Service
Energized I.T. LLC (hereinafter referred to as “Energized I.T.”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Energized I.T. services.

 

Service Agreement
The Energized I.T. Service Agreement is a separate agreement between Energized I.T. and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Energized I.T.’s services. Contact our sales department for any clarifications.

Link: Service Agreement

Resource Usage Policy
The Energized I.T. Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Energized I.T.’s services. Contact our sales department for any clarifications.

Link: Resource Usage Policy

 

Content
All services provided by Energized I.T. LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Energized I.T. LLC from any claims resulting from the use of the service which damages the subscriber or any other party.

 

Objectionable content is otherwise legal content with which Energized I.T. LLC concludes, in its sole discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates.  We also do not host sites that are anti-Christian, anti-Semitic, anti-Israel or racist.

 

Note: Pornography and sex-related merchandising are prohibited on any Energized I.T. LLC server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Energized I.T. LLC servers or any other server on the internet. Links to such materials are also prohibited. Contact our sales department for any clarifications.

Examples of non-acceptable content
•    Pirated software
•    Bulk Email related products
•    Pornography/Nudity/Adult Content
•    Hacking/cracking related websites
•    Warez and/or copyrighted MP3s
•    Material illegal under United States of America law
•    Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Energized I.T. LLC will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

 

Copyright Violations
Energized I.T. will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

 

System Resource Usage
If Energized I.T.’s system administration team determines that an account is utilizing an unacceptable amount of system resources, Energized I.T. may temporarily deactivate the account in question. If Energized I.T.’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (3) days in which to either upgrade to a dedicated server or locate a new provider. This only occurs in extreme cases; Energized I.T. will do all it can to assist customers prior to this scenario.
Energized I.T. LLC will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Link: Resource Usage Policy

 

“UNLIMITED” USAGE POLICIES AND DEFINITIONS

What “Unlimited” means. BlueServers.org or Energizedit.com does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, BlueServers.org or Energizedit.com makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

 

What “Unlimited” DOES NOT mean. BlueServers.org or Energizedit.com employs complex mechanisms to protect its Subscribers and systems from abuse. BlueServers.org or Energizedit.com’s offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

 

BlueServers.org or Energizedit.com’s service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. BlueServers.org or Energizedit.com’s service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

 

BlueServers.org or Energizedit.com will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, BlueServers.org or Energizedit.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until BlueServers.org or Energizedit.com can evaluate said sites resource needs.

 

Unlimited Hosting Space; excessive MySQL files.BlueServers.org or Energizedit.com does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does BlueServers.org or Energizedit.com charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that the BlueServers.org or Energizedit.com service is designed to host websites. BlueServers.org or Energizedit.com does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. BlueServers.org or Energizedit.com may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.

 

Unlimited File Transfer. BlueServers.org or Energizedit.com does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does BlueServers.org or Energizedit.com charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, BlueServers.org or Energizedit.com reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

 

Backups
Energized I.T. performs nightly backups of shared and reseller servers; however, these backups are for Energized I.T.’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Energized I.T. does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Energized I.T.’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

 

Unsolicited Email (SPAM)
SPAMing, or the sending of unsolicited email, from a Energized I.T. LLC server or using a return email address that is maintained on a Energized I.T. LLC server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Energized I.T.’s network also constitutes as a violation of this provision. Energized I.T. LLC will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

 

Support Abuse
At Energized I.T., we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

 

Server Abuse
Any attempts to undermine or cause harm to a Energized I.T. LLC server or customer of Energized I.T. LLC is strictly prohibited.
Energized I.T. LLC will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refnud. Energized I.T. will turn all available information about abuse incidents, including customer contact data, over to the proper authorities and press charges.

 

Failure to Follow Policies
Failure to fully comply with these terms is grounds for account suspension and/or deactivation (with or without refund, subject to Energized I.T.’s discretion). Any accounts and/or servers contained within Energized I.T.’s network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating policy, you will forfeit your rights to a refund–and none will be given. No refunds for advanced payment. Our normal policy is a warning first, and account deactivation the second offense, but no warning is required.

Energized I.T. LLC reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.

 

Last modified January, 27, 2014

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