CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
Host Easy (hereinafter referred to as "HostEasy.Com") AND you (hereinafter referred to as "Customer")
HAVE entered into a Customer Master Agreement effective from "date of signup" of which this "Customer Hosting Product Agreement Extension" is a part.
WHEREAS HostEasy.Com provides Web and Email Hosting Services;
WHEREAS the Customer wishes to place an Order for Web and/or Email Hosting Services ("Hosting Order") through the HostEasy.Com;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, HostEasy.Com and the Customer, intending to be legally bound, hereby agree as follows:
1. Rights of HostEasy.Com
While certain attributes of the Hosting Order may consist of unlimited resources, Customer recognizes that the Hosting Order is a shared hosting service, and that the HostEasy.Com has the right in its sole discretion to apply any hard limits on any specific attribute or resource on the Hosting Order at any given time without notice in order to prevent degradation of its services, or incase of any breach or violation or threatened breach or violation of this Agreement, or incase HostEasy.Com learns of a possibility of breach or violation of this Agreement which HostEasy.Com in its sole discretion determines to be appropriate, or to protect the integrity and stability of the HostEasy.Com Products and the Client Area Database, or to avoid any liability, civil or criminal, on the part of HostEasy.Com and/or Service Providers, or for any other appropriate reason. The Customer agrees that HostEasy.Com and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of HostEasy.Com and Service Providers, are not liable for loss or damages that may result from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers, representatives, agents and affiliates and Client Area Database Users, either directly or indirectly, shall not use or permit use of the Hosting Order, in violation of this Agreement, and for any of the activities described below -
(1) As a backup/storage device
(2) For any unacceptable or inappropriate material as determined by HostEasy.Com in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro
(3) Use over 25% of system resources, including but not limited to memory, cpu, disk, network, and bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(4) Execute long-running, stand-alone, unattended server-side processes, bots or daemons
(5) Run any type of web spiders or indexers
(6) Run any software that interfaces with an IRC (Internet Relay Chat) network
(7) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bit torrent
(8) Participate in any P2P or file-sharing networks
(9) Run any gaming servers
(10) Run cron entries with intervals of less than 15 minutes
(11) Store over 100,000 files
(12) Constantly create and delete large numbers of files on a regular basis, or cause file system damage
(13) Use excessive resources which in the HostEasy.Com sole discretion result in damage or degradation to the performance, usage, or experience of Client Area Database, other users, other orders, and any of HostEasy.Com services
(14) Store a large number of media files (audio, video, etc.), wherein the limit is at HostEasy.Com sole discretion
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