Terms & Conditions

AGREEMENT

Eagle Hosts grants the User access to our services with the understanding that the User has read and accepted all the Terms and Conditions contained herein this document.  Upon signing up with Eagle Hosts you are acknowledging your agreement to the Terms and Conditions as stated in this document. Eagle Hosts reserves the right to update or modify these Terms and Conditions for any reason and at any time without notice. It is your responsibility to review the Terms and Conditions on a regular basis. Your continued use of Eagle Hosts services constitutes your agreement with these Terms and Conditions. Eagle Hosts maintains the right to terminate their services without notice, if for any reason you fail to abide with any of these Terms and Conditions.

You may view our Privacy Policy here.

1.0  SERVICE

Eagle Hosts services may only be used for lawful purposes, all governing laws apply.  Eagle Hosts is a service provider offering internet hosting services. The internet is neither owned nor controlled by any one entity; therefore, Eagle Hosts cannot be held responsible for any disruption of service due to causes beyond our control. Eagle Hosts will make every effort to ensure that Eagle Hosts Web Servers are available to as many viewers as possible and with as minimal interruption of service as possible. This agreement for Eagle Hosts service is exclusively for hosting and does not include any other services. Should the Client want to have Eagle Hosts perform other services, such as website design/development, configuration, or database support then the Client must put in a request for additional services here  And additional terms and conditions are dependent upon the individual product and/or service you are requesting.

1.1  Competency

The client acknowledges having the understanding necessary to utilize Eagle Hosts service without reliance on Eagle Hosts for ongoing site maintenance.

2.0  HOSTING ACCOUNT SETUP

We will setup your account after we have received payment, and we have screened the order(s). It is your responsibility to provide us with all requested information and a valid email address. Please ensure your contact information on file is current and up to date at all times. Providing faulty contact information may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent and be denied.

3.0  DOMAIN NAME TRANSFERS

Eagle Hosts will make every effort to help you move your site to us. We cannot make any guarantees regarding its availability or the amount of time it may take to transfer your domain, though in some cases we may be unable to assist you in a transfer of data from older hosting platforms.

4.0  SITE CONTENT

Use of our services to infringe upon any copyright or trademark is strictly prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. A list of unaccepted material can be found here.
Any material that, in our judgment, is obscene or threatening will be removed from our servers with or without notice. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography, any site found to host child pornography or linking to child pornography will be terminated immediately without notice, and the proper authorities will be notified. Eagle Hosts reserves the right to refuse service to anyone. If in doubt regarding the acceptability of your site or service, pleases contact us and we will be happy to assist you.

5.0  SPAM POLICY

We strictly prohibit unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated without notice. Sites advertised via SPAM may not be hosted on our servers. This provision 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.

Eagle Hosts reserves the right to require changes or disable, as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Eagle Hosts reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Americas Hosting Network.

Any unsolicited e-mail being sent will result in termination of the offending account. Eagle Hosts maintains ZERO TOLERANCE against the sending of unsolicited e-mail.

6.0  GENERAL MAIL POLICY

There is a 500 hourly email limit per domain, this limit is also applied towards mailman software. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If you are sending mail to your e-mail list, you must throttle it to 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle, you must switch to something else.

It is our job to keep the server up and running without being sluggish. Any process that causes the servers load to go high will be terminated and your account will be suspended. You are not allowed to mail to a mailing list you were given or purchased, as we consider this spamming. Any mailing list MUST comply with all guidelines set forth by the United States. These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

No Direct SMTP mailers are allowed and all mail should be relayed through the local Mail Transfer Agent on local host port 25 for further delivery by the server and not done directly by SMTP scripts. Usage of PHP mail or any related functions are perfectly fine because it communicates directly with the MTA and related processes.

7.0  PAYMENT POLICY

You agree to supply appropriate payment for the services provided by Eagle Hosts in advance of the time period during which such services are provided. You agree that until and unless you notify Eagle Hosts of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be requested via our trouble ticket system.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Eagle Hosts provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. After 90 days your account will be cancelled with/without notification.

Invoices that have been paid more than once via PayPal subscription service will result in hosting credits and cannot be refunded through PayPal. If you have any questions regarding PayPal processing please contact us here.
Eagle Hosts reserves the right to change the monthly charges at anytime. We reserve the right to change prices listed on Eagle Hosts, and the right to increase the amount of resources given to plans at any time. The amount you pay for a hosting contract will not increase for one year from the date of purchase unless otherwise specifically stated.

8.0  Credit Card Fraud

Credit Card Fraud is a Federal crime, as such, Eagle Hosts takes this subject very seriously.  Eagle Hosts cooperates fully with local, state and federal law enforcement officials to apprehend those committing credit card frauds; therefore, any attempt to fraudulently use a credit card will be reported immediately.

9.0 REFUND POLICY

Eagle Hosts reserves the right to cancel the account at any time without notice. Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, or if you have opened a second account with us you will not be eligible for a refund. Any Violations of our Terms and Conditions will waive the refund policy.
Customers may cancel at any time via our trouble ticket system.  Eagle Hosts gives you an unconditional 30 day money back guarantee on your web hosting. This does not include administrative fees, installation fees or domain name transfers/purchases. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused webhosting time.

10.0 BACKUP AND DATA POLICY

Your use of Eagle Hosts service is at your sole risk. Eagle Hosts is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Eagle Hosts servers.

11.0  RESOURCE LIMITATIONS

a) User may not:  Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) User may not: Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
c) User may not: Run any type of web spider or indexer.
d) User may not:  Run any software that interfaces with an IRC (Internet Relay Chat) networks.
e) User may link to torrents off server but may not host or store them; user may not run any bit torrent application, tracker, or client.
f) User may not: Participate in any file-sharing/peer-to-peer activities
g) User may not: Run any gaming servers of any kind unless contracted with us to do so.
h) User may not: Run CRON entries with intervals of less than 30 minutes

12.0  FILE STORAGE LIMITIATIONS

The use of more than 50,000 files on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 files limit will automatically be removed from our backup system. Exceeding the limit does not constitute grounds for suspension; however, accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

13.0  BANDWIDTH UTILIZATION

You are allocated a monthly bandwidth depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, or suspend the account until more bandwidth is purchased at an additional fee, or suspend the account until you upgrade to a higher level package, or terminate the account and/or charge you an additional fee for the bandwidth overages. Unused bandwidth in one month cannot be carried over to the next month.

14.0  UNACCEPTABLE MATERIAL

IRC Bots / Proxy Scripts / Anonymizers / Pirated Software / Warez image, filedump, mirror, or double click type tracking banner-ad services, topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange, etc.), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to Warez content are prohibited. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography, any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

15.0  GENERAL INFORMATION AND LIMITED LIABILITY DISCLAIMERS

Eagle Hosts does not make any representations about the options or services you may use as a result of the information provided on this on this website, including but not limited to external links or third party offers. Under no circumstances, is Eagle Hosts liable for any interactions with external entities or any indirect losses or damages arising with use of third party links. If you are dissatisfied with this website or any content on the site, or with Eagle Hosts disclaimers, privacy policies or terms and conditions, please discontinue using this website. The use of this website is at your own risk.

By using the Eagle Hosts, you agree to these terms and conditions, as well as all applicable laws, as governed and interpreted by the State of New York and the United States. We reserve the right to revoke or forfeit any privileges, orders and accounts that don’t comply with our terms and conditions, and privacy policy.

Eagle Hosts shall not be responsible for any damages your business may suffer. Eagle Hosts makes no warranties of any kind, expressed or implied for services we provide. Eagle Hosts disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Eagle Hosts and/or its employees.

16.0  Indemnification

Customer agrees that it shall defend, indemnify, save and hold Eagle Hosts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against Eagle Hosts, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Eagle Hosts against Liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Eagle Hosts; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Eagle Hosts servers.

17.0 Force majeure

For the purposes of these Terms and Conditions, “Force Majeure” shall mean circumstances or occurrences beyond the reasonable control of Eagle Hosts. Eagle Hosts shall not be liable for any failure to perform obligations resulting from but not limited to Acts of Nature (which include fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, crime, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity and/or including telephone service.
In the event of “force majeure,” Eagle Hosts will not be held liable or deemed in breach of contract/agreement for any damages whether or not by forseeable events, and therefore, may terminate their Agreement without any liability to you.

18.0  Arbitration

By using any Eagle Hosts services, you agree to submit to binding arbitration. If any disputes or claims arise against Eagle Hosts or its subsidiaries, such disputes will be handled by an arbitrator of Eagle Hosts’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the State of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

20.0 Customer Liability

The customer is solely responsible for their compliance with all Federal, State and Local laws.

20.1  The customer is solely responsible for the content of any transmission using Eagle Hosts services or that of any of its subsidiaries.
20.2  The customer agrees not to use Eagle Hosts services for unlawful purposes or to interfere with or disrupt other network users, services or network equipment through any means.
20.3  The customer agrees to comply with, and to cause any User to comply with the United States law and international regulations with regard to the transmission of technical data, which is exported from/imported to the United States using Eagle Hosts services.
20.4  The customer agrees that it shall defend, indemnify, save and hold Eagle Hosts harmless from any and all demands, liabilities, losses, costs and claims resulting directly or indirectly from the customer’s wrong doing.
20.5  The customer is solely responsible for complying with Electronic Commerce Laws, taxes and tariffs. The customer agrees to hold harmless, protect, and defend Eagle Hosts and its subsidiaries from any claim, suit, penalty, tax or tariff arising from the Customer’s exercise of Internet electronic commerce.

21.0  Termination

Any violation of Eagle Hosts terms and conditions will be considered a breech of contract, thereby making this entire Agreement null and void, without notification and no refund.