Ezemption Web Hosting Terms of Service

This document is an agreement between the Promagnum Corporation and all persons using its Ezemption Web Hosting service.  Use of any Promagnum Corporation web hosting service constitutes your acceptance of these terms.  We may from time to time modify this Agreement and will keep this page current.  This agreement is subject to change without prior notice.

Individuals creating a free website must accept that our banners will be displayed across the top of their pages, to ensure that our hosting service will remain free.
 


Privacy Related

COPPA:

In compliance with the Children's Online Privacy Protection Act (COPPA), we do not knowingly collect any personal information from any child under the age of 13. We do not vend our services directly to persons under the age of 13. Younger aspiring Webmasters should have a responsible adult involved in their internet activities.

Privacy Policy:

Our servers automatically collect aggregate information about visits to our Website(s).  "Aggregate data" does not include any personally identifiable information such as your name or residence.  We log your IP address, your ISP, and referring URLs, each of which is publicly available to every Webserver you visit.  Promagnum counts page views and uses that aggregate information to generate statistics that help us improve our Website(s), our services, and our marketing efforts.

Your Email Privacy:

The Promagnum Corporation does not sell or make available any information about clients or visitors. Your email address will never be made public by us, nor will it be sold or traded.  Your email address is used only for internal purposes such as contact, technical support and service notices.  Promagnum reserves the right to occasionally communicate with our subscribers pertaining to services, products, and maintenance.

Cookies:

We may customize the content of our pages for individual visitors by placing a 'cookie' in your browser.  Our cookies never contain private information, nor do they link to any personally identifiable information.

What We Collect:

Our company maintains a client database which contains your name, address, email address, website address, and user logon name which we collect when you voluntarily subscribe to our service(s).  We have implemented security policies and technical measures to protect the personal data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction, or accidental loss.  All of our employees and data processors who have access to your personal data are obliged to respect the confidentiality of personal data.

What We DO NOT Collect:

We Do Not have access to any of your financial information (bankcard numbers, bank account information, credit history, et cetera), nor do we collect any other personal information (birth date, Social Security number, age, gender, et cetera).  Your personal financial information remains in the secure and capable hands of our payment processor, PayPal, Inc. and is protected in accordance with the PayPal Privacy Policy.

Legal Disclosure:

We ensure that your personal data will not be disclosed to institutions and authorities except if required by law. Promagnum may disclose personal information without notice or consent only as needed to satisfy a subpoena, writ, court-order, or other legal request during official investigations of online criminal activities, consumer or mail fraud, or other possible breaches of law.


Copyright Notice

Contents Copyrighted 2006 Promagnum Corporation

All content within our Website(s) is owned by the Promagnum Corporation or is used by license or an agreement between us and the owner.  Nothing herein may be copied or reproduced in whole or part without permission.  Inquiries can be emailed to support@promagnumcorp.com.

All logos and trademarks used on our Website(s) are property of their respective owners.  Any reader comments or replies remain the property of their posters.  Other text content (tutorials, instructions, and informative articles) may be separately copyrighted by their authors and/or previous publishers and are used herein by arrangement, license, or permission.

Images and graphic elements including fonts are copyrighted and used herein by arrangement, license, or permission.

The design or layout of our Website(s), in either HTML and PHP code, is copyrighted by the Promagnum Corporation and permission is hereby denied for anyone to borrow, copy, adapt, and use our layout and design code.

Some Javascript code and some PHP code is the property of a posted author and should be treated as a separate body of work with unique proprietary rights.


Acceptable Use Policies:

1. Bulk Email:

Ezemption Web Hosting has Zero Tolerance for Spam.

Spam is Unsolicited Bulk Email (UBE) or Unsolicited Commercial Email (UCE).  "Unsolicited" means the email recipient did not request the email, but instead the sender initially contacted the receiver.  "Unsolicited" means the email sender made the first move.  Email, even bulk email, is not spam if the sender can demonstrate a prior relationship with the recipient, for example: if the receiver requested information, is a current or previous client, or joined an 'opt-in' mailing list or newsletter.

Websites on our service may not broadcast unsolicited email, advertisements, site promotions, pleas for financial assistance, chain letters, or any other sort of announcement for yourself or for someone else.  Nor may anyone fabricate or forge email headers that implicate the Promagnum Corporation in any email campaign.

2. Illegal Trafficking:

Websites hosted by our company may not use the service in the commission of any crime.  Any scheme or activity that violates state, local, federal or international law is forbidden and the Promagnum Corporation reserves the right to terminate an account found to be in violation of a law, statute, or regulation.  Accounts promoting, pointing to, or re-directing traffic to an illegal Website are culpable and will be terminated.

Please note that Spam is now an illegal enterprise in several states.

Software piracy, hacking, cracking, phishing, and phreaking are all illegal activities.  Websites that promote or support those activities, as well as Websites that engage in the upload, download, or distribution of harmful or exploitative software are not welcome.  Website accounts that attempt to run a robotic crawler, spider, or 'bot that harvests email addresses, collects private information, or usurps copyrighted material will be terminated.

3. E-commerce:

Our company applauds e-commerce and free trade.  We welcome entrepreneurs and small business, but your trade must be conducted legally.

If you choose to sell and/or distribute a product from our webserver, you must have any and all required local, state, and federal licenses and permits in place before you engage in business.  You must observe all import/export laws, tariffs, and duties covering the sale and distribution of your chosen product(s).  Note: While the United States and Great Britain impose no duties on exports, they do ban the exportation of advanced or innovative technology.

Most countries around the world regulate the exportation of their antiquities and items of historical importance or cultural significance.  Likewise, most of the world's sovereign nations ban or limit importation of certain restricted items.  This may include items considered innocent in a Western democracy, like music, manuscripts, or even t-shirts and jeans.  Within the United States certain items are regulated across state boundaries.  It is crucial that you educate yourself and be aware of all the laws which govern your particular trade.

4. Adult Content:

You may not publish adult content on our service, or any nude subject matter.  Visually depicting the sexual exploitation of children (under 18) is illegal everywhere.  It is a severe criminal offence that we will report to authorities, if found on your site.

5. Violation of Good Taste

Blatant expressions of bigotry and hatred, and material that defames, abuses, harasses, or threatens any person or group may be illegal.  If not illegal, it is still repugnant and socially unacceptable.  Promagnum reserves the right to be the final judge as to what is or is not acceptable content on our service.

6. Violation of Copyright Laws

You may neither upload nor offer for download any material that violates or infringes on the copyright, trademark, patent, trade secret or other intellectual property rights of any individual or organization.  This includes, but is not limited to, audio and video files, images, graphics, fonts, computer code, and text.  You may acquire or distribute such materials if you first obtain the permission from the copyright or trademark owner.  Be prepared to produce proof if asked for it.

7. System Abuse

Any misuse of the Ezemption Web Hosting service that disrupts the normal system activity is strictly prohibited.  You will be hosted in a shared environment which means other users have needs also.  System abuse will lead to termination of your account.  Examples of system abuse include but are not limited to process spawning and runaway processes that consume more than your fair share of system resources.  Programs that hog RAM or require excessive disk swaps, or greedy code that steals CPU cycles, would be called bad programming and system misuse.

8. Command Line Access

For security reasons, we do not allow shell access. Attempts to penetrate server security will result in the termination of your account without notice.

9. Binary Files

Your account may not be used solely as a storage or backup facility. All binary files in your directory must be linked from publicly accessible HTML pages also found in your directory. We prevent the theft of your bandwidth and the misuse of your website for download-only storage by limiting the linking ability from other servers.

10. Culpable Parties

Just as there is one responsible party for an individual website, an account has but one responsible party. You alone, our customer and subscriber, are responsible for the contents of your website.  Although a webspace may reflect content and colateral contributions from other persons, each subscriber is ultimately bound by the terms of this agreement.  You will be responsible for adherence to this Agreement.

We reserve the right to terminate any account without warning or notice if any restriction in this agreement is violated.  If any law is violated, repercussions both civil and criminal will be born solely by you as the account holder and webmaster of your site.

11. False Identity

Impersonating another user or in any way falsifying one's online identity in e-mail or other internet service(s) is illegal.  Your website impersonating another website in order to dupe visitors and/or gather private information is also illegal. Falsifying internet headers with malicious intent is illegal.

12. Service Interruptions

Ezemption may periodically interrupt hosting service briefly for routine or necessary maintenance. Otherwise we are committed to providing uninterrupted hosting service.

Promagnum may intentionally interrupt your hosting service by suspending or canceling it if your website maintenance activities cease for more then 90 days.  Contact us and we will work with you to (a) restore service, (b) rescue data left in our system, or (c) otherwise resolve your accounting problem.  We are however not responsible for loss of data occurring before or after 90 days.

13. Limitation of Liability

The Promagnum Corporation and its third party suppliers make no representations concerning the suitability, reliability, or accuracy of the content or the service provided for any purpose.  We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the content and the service provided, including conditions of merchantability, fitness for a particular purpose, title and non-infringement.  In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, loss or delay of use, lost profits, loss of data, or any other damage in contract, tort, equity, or any other legal theory, even if advised of the possibility thereof.

Promagnum provides opportunities to users of our web hosting service to use or buy services from third parties.  Sites of those third parties may be subject to terms and conditions different from those found here.  We offer no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from the Promagnum Corporation.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

13. Other Important Terms

(a) The Promagnum Corporation's foremost goal with this service is to provide web hosting that will be kept
     running as long as possible.  While we cannot predict the impacts of a changing economy, we cannot
     guarantee the length of time this service will be provided to any client.  This is why we have created
     hosting plans that are not relative to subscriptions.  Upgraded plans are only subject to a one-time fee for
     any specific upgrade.  This means your website will stay running without ever paying again, as opposed
     to hosting plans from other companies that charge for each month of hosting.

     Upon discontinuation of service, we will provide a 30-day warning to all account holders.  However, we will
     not be held responsible if your email service provider blocks email from us, thus making this notice
     unavailable to you.  We recommend that you regularly check the latest news on our website, and
     messages sent to your hosting account manager, where important information will be updated regularly

(b) Individuals who maintain a free hosting account are required to sign in a minimum of once every thirty
     days to keep their hosting account active.  After thirty days of inactivity, free hosting accounts will be
     terminated along with all associated data.

(c) The requirements for your computer to manage a website were made available before opening your
     hosting account.  Failure to meet those requirements is the sole responsibility of the account holder.

(d) This Terms of Service Statement is bound to change without prior notice.  A link to the updated Terms of
     Service is made available on our website, and in the Web Hosting Manager.  Therefore, it is the hosting
     account holder's responsibility to maintain the most recent knowledge of this statement.


Reporting Violations

If you believe there is a violation of these terms of service, we request that you direct a complaint to our Abuse Department at compliance@promagnumcorp.com or to any other email address owned by the Promagnum Corporation.

If available, please provide the following information:

  • The IP address used to commit the alleged violation

  • The date and time of the alleged violation, including the time zone or offset from GMT

  • Evidence of the alleged violation

Forwarding an email with full header information provides all of the above, as do syslog files.  Other situations will require different methods of providing the above information.

Promagnum may take any one or more of the following actions in response to complaints:

  • Issue warnings: written or verbal

  • Suspend the webmaster's email privileges

  • Suspend the webmaster's account

  • Terminate the webmaster's account

  • Bill the webmaster for administrative costs and/or reactivation charges

  • Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
     

Please also read the Online Services Statement which supplements the above agreement.  


 
 

                             (C) 2006 Promagnum Corporation.  All rights reserved.                                 TERMS OF USE  |  PRIVACY STATEMENT  |  SERVICE INFO  |  HELP & SUPPORT