Content:
- All hosting services provided by Earth First may be used
for lawful purposes only.
Transmission, storage, or presentation of any information,
data or material in violation of any New Zealand & USA
law is prohibited. This includes, but is not limited to: copyrighted
material, material we judge to be threatening or obscene or
material protected by trade secret and other statute, and
invasion of privacy.
The subscriber agrees to: indemnify and hold harmless
Earth First from any claims resulting from the use of the
service which damages the subscriber or any other party.
All pornographic content and sex-related merchandising is
prohibited on all Earth First. servers. This includes sites
that may infer sexual content or links to adult content elsewhere.Earth
First will be the sole arbiter in determining violations of
this provision.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to Earth Firsts web
hosting servers or any other server on the Internet. Links
to such materials are also prohibited. Examples of unacceptable
content or links: Pirated software Hacker programs or archives
Warez sites, Earth First. will be the sole arbiter as to what
constitutes a violation of this provision.
Commercial Advertising - Email: Spamming,
or the sending of unsolicited email, from a Earth First hosting
server or using an email address or domain that is maintained
on an Earth First machine as reference is STRICTLY prohibited.
Earth First will be the sole arbiter as to what constitutes
a violation of this provision.
Misuse of system resources:
- To protect and maintain high availability of all servers,
activities designed to cause harm to or monopolize the resources
of any server in the Earth First network is prohibited.
This includes, but is not limited to, the use of programs
that consume excessive CPU time; use of server space for
backup or storage of material unrelated to the web site
of an account; use of any provided mail services other than
for the client's own account; resale of disk space without
an appropriate reseller agreement; use of servers to engage
in any malicious or illegal activity, including unauthorized
access to remote systems or providing the means for such
access or engaging in any activity that can be used as a
means to begin remote system penetration; distribution of
viruses, worms, or any other electronic destructive resource;
or maintaining or creating any free for all (FFA) type sites.
- Internet Relay Chat ("IRC") related materials are prohibited,
without exception. This includes bots, bouncers, or any
script or software package designed to facilitate the creation,
maintenance, or access to any IRC server or channel. Client
accounts found to have such software or scripts uploaded
are subject to suspension or termination without notice.
Scripts or software found to exist on any server will be
deleted immediately upon discovery, without notice, and
a warning issued. Further violations of this policy will
result in account termination.
- CGI or php-based shell scripts are prohibited. This includes
any script that is used for the purpose of issuing shell-level
commands or which acts as a proxy for shell access via a
web browser rather than the use of the embedded SSH client
in the control panel or the use of a standalone SSH client.
Such scripts will be deleted without notice when found.
Continued use of such scripts will be grounds for account
termination.
- Web proxy scripts are prohibited. This includes any script,
such as nph-proxy, that allows anyone to browse to a third
party web site from any server in the Earth First network
or that otherwise masks the true origination point of browsing
activities by use of network information associated with
Earth First . Such scripts will be deleted when found.
Repeated violations will result in account suspension or
termination.
- The weblog software Greymatter is not permitted on any
Earth First server. Filtering is performed on all servers
to deny access to the scripts Greymatter utilizes due to
the resource issues created by those scripts. Installations
found will be noted to the account holder for removal and
transitioning to a new weblog software package.
Suspension: Activity which results in a
suspension or deactivation of an account will result in a
forfeiture of fees paid. Complaints made regarding abuses
of an account will be grounds for suspension. Refusal of Service:
We reserve the right to refuse, cancel, or suspend service
at our sole discretion. All sub-networks, distributive hosting
sites, and dedicated servers of Earth First. must adhere to
the above policies. Please direct any reports of violations
of the above policies to (See contact page of address) Failure
to follow any term or condition will be grounds for immediate
account deactivation.
Non payment of our charges:If any charges
are owing to us and are not fully paid we may restrict the
right to suspend the use of our servers. You remain liable
for the charges. You will have to pay any reasonable expenses
(including solicitor and own client costs) we incur in collecting
any money you owe us or in exercising any of our other legal
rights .
1) 7 days past due- Control panel disabled
2) 14 days past due- E-mail services disabled.
3) 41 days past due - Hosting service completely disabled
Charges for Space and Server Traffic: Above
and Beyond that which are Allocated in Client's Hosting Plan
You agree that there will be a charge per mega byte of extra
data transfer and will remit payment for extra server traffic
pursuant to the website hosting package that you have selected.
Charges for excess server traffic are also listed in Earth
Firsts pricing plans you agree that it will be charged and
will remit payment for extra bandwidth, server storage space
and extra e-mail accounts pursuant to the web site hosting
package that you have selected. Said charges will be prorated
and appear on the following invoice.
Our commitment to you: Due to the nature
of the world wide web we cannot guarantee our services will
be fault free, but we will have your site on line 99% of the
time minimum.
Material and Products
(a)We will exercise no control whatsoever over the content
of the information passing through the network or on the Client's
web sites.
(b) We make no warranties or guarantees of any kind, whether
expressed or implied for the service provided and also disclaims
any warranty of merchantability or fitness for particular
purpose and will not be responsible for any damages that may
be suffered by the Client, including loss of data resulting
from delays, non- deliveries or service interruptions or gaps
by any cause or errors or omissions of the Client.
(c) Earth First is not responsible for any loss, erasure,
or corruption of Client's data or files whatsoever.
(d) Use of any information obtained by way of Earth First
is at the Client's own risk, and we specifically deny any
responsibility for the accuracy or quality of information
obtained through our services.
(e) Connection speed represents the speed of connection to
Earth First and does not represent guarantees of available
end to end bandwidth.
Your rights to Compensation from us: Where
a service we provide to you is affected because we do not
meet our responsibilities to you and you reasonably incur
an expense as a result. Please inform us. Where we consider
it appropriate, we will refund you an amount equal to your
standard monthly fee. For us to consider this claim we must
be informed within 14 days of the service being affected.
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