East Coast Hosing Dedicated Hosting and Colocation Terms of Service

East Coast Hosing, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by East Coast Hosing, Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless East Coast Hosing, Inc., from any claims resulting from the subscriber's use of East Coast Hosing's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

* IRC Software
* Pirated software
* Hacking sites, programs or archives
* Warez Sites
* Distribution of music files or any other material in which the account holder does not own the copyright.

East Coast Hosing, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email -

* Spamming, i.e. the sending of unsolicited email, from any East Coast Hosing server or any server located on the East Coast Hosing network is STRICTLY prohibited. East Coast Hosing will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at East Coast Hosing.
* Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by East Coast Hosing customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any East Coast Hosting Inc.-hosted domain, or referencing any East Coast Hosing account, is prohibited.
* Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
* Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
* Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
* All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse - Any attempts to undermine or cause harm to a East Coast Hosing server or subscriber of East Coast Hosing is strictly prohibited including, but not limited to:

* Logging into a server or account that you are not authorized to access
* Accessing data or taking any action to obtain services not intended for you or your use
* Attempting to probe, scan or test the vulnerability of any system, subsystem or network
* Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
* Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
* Interfering with, intercepting or expropriating any system, data or information
* Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of East Coast Hosing, Inc. and all dedicated servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees
As of August 11, 2004 all bandwidth listings for Webmaster, Professional and Enterprise dedicated servers consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.25 per GB over.

Dedicated Server Support
Basic support and maintenance of dedicated servers is provided at the discretion of East Coast Hosing, Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

* $50/hour

Scheduled Maintenance and Downtime
East Coast Hosing will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond East Coast Hosing's control or which are not reasonably foreseeable by East Coast Hosing, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. East Coast Hosing will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. East Coast Hosing has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds
Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via East Coast Hosing, Inc.'s free domain registration method.

Any violation of East Coast Hosing, Inc.'s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are recurring on the day the account was opened.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by East Coast Hosing, Inc.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. East Coast Hosing, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by East Coast Hosing, Inc. programming staff. (Cpanel is not associated with East Coast Hosing, Inc.)

Promotional Use
East Coast Hosing may refer to You, Your company, or your logo's for promotional purposes. Your company name, logos and the services that were provided to the customer by East Coast Hosing may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the East Coast Hosing website. This reference will be strictly limited to disclosure that East Coast Hosing has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at East Coast Hosing. However, East Coast Hosing may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by East Coast Hosing under this Agreement shall not be deemed .Work For Hire,. but East Coast Hosing shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by East Coast Hosing.

Microsoft Software License Policy.
Microsoft, as well as East Coast Hosing company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a East Coast Hosing purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through East Coast Hosing. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with East Coast Hosing licensed Microsoft products. Any questions regarding this policy can be addressed to sales@East Coast Hosting.com