Terms Of Service

Epalon Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service)

Use of any Epalon Hosting service constitutes acceptance and agreement to Epalon Hosting's AUP as well as Epalon Hosting's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Epalon Hosting and AUP (Acceptable Use Policy). The AUP and TOS may be changed from time to time at the discretion of the Company. Therefore it is the subscribers responsibility to know the current AUP and TOS. Epalon Technologies will attempt to notify current subscribers in the event of a change in the TOS/AUP. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. Any offensive remarks to any Epalon Hosting Staff are grounds for immediate termination, regardless of intention or cause. By signing up with Epalon Hosting you agree that any insult or provocation of staff is reason enough for a permanent ban from all Epalon Technologies services at the staff's choosing.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Epalon Hosting shall have the right to terminate all service set forth in this Agreement.

By signing up with an account you here by agree to the following terms and conditions:

1. Policies: Subscriber agrees to comply strictly with Epalon Hosting's "Acceptable use policy" and "Copyright infringement policy". Subscriber understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, Subscribe will be responsible for the full amount of any tangible and intangible damages this may cause. Epalon Hosting reserves the right to change the policies from time to time to reflect the changing of the Internet. Both policies are available on-line any time or as a hard copy by request only.

2. Proxies: Any accounts found to be hosting a public proxy script will be suspended - and repeated offenders banned.

3. Pornographic Content: No account shall be used to host a site or files of ANY type of Pornographic services/web site. Any one reported to be hosting a pornographic site or ANY pornographic files will have there account terminated immediately, followed by an investigation which will then determine the status of the account. Repeat offenders will be permanently ban from all Epalon Technologies service.

4. Unacceptable Content: No account shall be used to host ANY type of illegal activity. This may include the sale of stole property, sales or distribution of illegal items or narcotics, hosting any type of organized crime activity, underage pornographic content; all though no account shall be used to host pornographic content, hosting ANY type of software unless you own the rights for it, no account shall violate the polices below and no account shall show video/other types of media or encourage any illegal activate.

5. Bandwidth and Space: Epalon Hosting will not restrict bandwidth or space as long as the subscriber keeps in compliance with the terms and policies.

6. 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 the Company may prospectively change the specified rates and charges from time to time. Epalon Hosting will attempt to provide notifications of upcoming changes, however the responsibility falls on the customer to regularly check the pricing scheme. Clients who pay by a monthly schedule are subject to immediate rate change; whereas clients who prepay by a quarterly, half-year or yearly still will be able to use up the remainder of their prepaid term before switching rates.

7. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by Epalon Hosting.

8. Payments and Fees: Service will be interrupted on accounts that reach 2 day (48 hours) past due. Accounts not paid by due date are subject to a $5 late fee.

9. Refund and Disputes: All payments to Epalon Hosting are non refundable. If you dispute a charge to your credit card issuer that, in Epalon Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Epalon Hosting an "Administrative Fee" of not less than $100 and not more than $150.

10. Failure to Pay: The Company 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.

11. Account Cancellation: All requests for canceling accounts must be submitted with at least 7 days notice. Please remember, there are no refunds. You must have all account information to cancel.

12. Subscriber Acknowledgments: The subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury.

13. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Epalon Hosting will require a minimum of 24 hours to be set up and entered into our DNS servers. Due to the unpredictable nature of the transfer process (which Epalon Hosting has no control over), no guarantees are made regarding the amount of time a specific transfer may take (generally takes between 48-72 hours). Epalon Hosting cannot and will not be responsible for the transfer of your data from your previous provider to our servers, you are responsible for your own data.

15. SPAM and Unsolicited Commercial Email (UCE): Epalon Hosting 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 Epalon Hosting may not use or permit others to use our network to transact in UCE. Customers of Epalon Hosting 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.

1. Violation of Epalon Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Epalon Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Epalon Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Epalon Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Epalon Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Epalon Hosting will notify law enforcement officials if the violation is believed to be severe enough.

16. IRC or any service involving IRC: Any service that involves the IRC protocol is strictly prohibited. Accounts running IRC services are subject to account suspension with out notice. These services include, but are not limited to: IRC Daemon's, and eggdrops.

17. Server Resource Usage: If your account uses large amounts of server resources including, but not limited to: CPU, Memory, and/or other server hardware and software, Epalon Hosting reserves the right to suspend or limit your account with out notice, you 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.
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1492, etc

18. Changes to Terms of Service: Epalon Hosting reserves the right to revise its policies at anytime, with out notice.

Last Updated: April 6th 2007