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.
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 March 16 2011

Acceptable Use Policy

Epalon Technologies and its affiliates provide to business and consumer users several services, including such services as Web hosting and Multi-media hosting. Epalon Technologies reserves the right to refuse service to any individual, company or corporation. In addition, we reserve the right to suspend or terminate service to a client whose activities may be deemed detrimental to our client base. To help satisfy you, we will always attempt to contact our clients to determine if other Epalon Technologies plans may better suit their needs.

It is contrary to Epalon Technologies policy for any user of any of these services to effect or participate in any of the following activities through an Epalon Technologies- provided service:

1. To send unsolicited emailing's to more than twenty-five (25) email users, if such unsolicited emailing's could reasonably be expected to provoke complaints.

2. To falsify user information provided to Epalon Technologies or to other users of the service in connection with use of an Epalon Technologies service; and

3. To use Epalon Technologies services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, email bombs etc.

4. To use Epalon Technologies services to host the following on the internet: Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc.
Displaying material that exploits children under 18 years of age.
Displaying material containing nudity or pornographic material of any kind.
Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
Defaming any person or group.
Promoting or soliciting for participation in multilevel marketing or pyramid schemes.
Gathering personally identifiable information for unlawful purposes.

Furthermore it is contrary to Epalon Technologies policy to send unsolicited emails to the Epalon Technologies provided addresses of Epalon Technologies customers, unless the sender has a business or personal relationship to these Epalon Technologies customers. This rule applies regardless of whether the sender is Epalon Technologies customer, or has used an Epalon Technologies account to send these emails. Epalon Technologies considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Epalon Technologies terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Epalon Technologies services. Epalon Technologies reserves the right to redirect the homepage of any customer who uses their Epalon Technologies service to send SPAM to an anti-SPAM page, until the offender stops sending unsolicited email, cancels their account or has their account terminated by Epalon Technologies.

In addition, Epalon Technologies reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients. In addition to these activities, Epalon Technologies terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Epalon Technologies will respond as appropriate to these other activities as well. Nothing contained in this policy shall be construed to limit Epalon Technologies actions or remedies in any way with respect to any of the foregoing activities, and Epalon Technologies reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Epalon Technologies service, and levying cancellation charges to cover Epalon Technologies costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Epalon Technologies reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

Last Updated March 16 2011