Service
Rates: Client acknowledges that the nature of the service
furnished and the initial rates and charges have been communicated
to Client. Client is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional
offer is contingent upon Company achieving and maintaining its cost
of service goals including but not limited to rates charged to
company by its suppliers.
Payment:
Establishment of this service is dependent upon receipt by the
Company of payment of stated charges. Subsequent payments are due on
a reoccurring date that coincides with the date of signup or first
of each month if account setup was initially prorated.
Payments and
Fees: Credit cards that are declined for any reason are
subject to a $10.00 declination fee. Service will be interrupted on
accounts that reach 5 days past due. Service interrupted for
nonpayment is subject to a $50 reconnect charge. Accounts that are
not collectable by
Hosting.Eden-2000.com will be turned over to an
outside agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and
Collection" Fee of not less than $50 nor more than $150. If you
desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
Refund and
Disputes: All payments after the initial 30 days of service
to Eden-2000 are nonrefundable. This includes the
one time setup fee and subsequent charges regardless of usage. All
overcharges or billing disputes must be reported within 60 days of
the time the dispute occurred. If you dispute a charge to your
credit card issuer that, in
Hosting.Eden-2000.com's sole discretion
is a valid charge under the provisions of the TOS and/or AUP, you
agree to pay
Hosting.Eden-2000.com an "Administrative Fee" of not
less than $50 and not more than $150.
Failure to Pay:
The Company may temporarily deny service or terminate this
Agreement upon the failure of Client to pay charges when due. Such
termination or denial will not relieve Client of responsibility for
the payment of all accrued charges, plus reasonable interest and any
collection fees.
Account
Cancellation: All requests for canceling accounts must be
made in writing with at least 30 days notice but not more than 60
days prior written notice and sent
to:
Hosting.Eden-2000.com
Attn: Cancellations
P.O.Box 90005
Albuquerque, NM 87121
- Or you may
fax the cancellation request to 505-831-2227. You must have all
account information to cancel.
Client 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, Client agrees that the
company shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Client
further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to
charges payable by Client for services during the period damages
occurred. In no event shall the company be liable for any special or
consequential damages, loss or injury.
Support
Boundaries:
Hosting.Eden-2000.com, provides 24/7 technical
support to our Clients. We limit our technical support to our areas
of expertise. The following is our guidelines when providing
support:
Hosting.Eden-2000.com provides support related to your
account functioning.
Hosting.Eden-2000.com does not offer
tech support for application specific issues such as cgi
programming, html code, or any other such issue, contact your
website development team or webmaster for this type of website
support. If you can send email, we encourage you to email:
hostingsupport@eden-2000.com
for assistance. Any request of technical support warrants the
possibility of being charged a system administration fee if the
request is related to Operating System functionality, software
application functionality, or Control Panel functionality. If a
staff member of
Hosting.Eden-2000.com is required to login to your
account to provide support, system administration fees can
be applied to your account. Your verification of charges being okay'd
before such tasks are completed will always be in place.

SPAM and
Unsolicited Commercial Email (UCE):
Hosting.Eden-2000.com
takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM over our network. Very simply this
means that Clients of
Hosting.Eden-2000.com may not use or permit
others to use our network to transact in UCE. Clients of
Hosting.Eden-2000.com 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
Hosting.Eden-2000.com's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy,
Hosting.Eden-2000.com will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
Hosting.Eden-2000.com may restrict Client access to the network to
prevent further violations. If a Client is found to be in violation
of our SPAM policy,
Hosting.Eden-2000.com may, at its sole
discretion, restrict, suspend or terminate Client's account.
Further,
Hosting.Eden-2000.com reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation.
Hosting.Eden-2000.com will notify
law enforcement officials if the violation is believed to be a
criminal offense.
First violations of
this policy will result in an "Administrative Fee" of $250 and your
account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate this policy
agree that in addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed $175 per hour that
Hosting.Eden-2000.com personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.

Network
IP Address Ownership: If
Hosting.Eden-2000.com assigns a Client an Internet Protocol (IP)
address for Client's use, the right to use that IP address shall
belong only to
Hosting.Eden-2000.com, and Client shall have no right
to use that IP address except as permitted by
Hosting.Eden-2000.com
in its sole discretion in connection with the Services, during the
term of this Agreement.
Hosting.Eden-2000.com shall maintain and
control ownership of all IP numbers and addresses that may be
assigned to Client by
Hosting.Eden-2000.com, and
Hosting.Eden-2000.com reserves the right to change or remove any and
all such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited by
ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is that
you MUST use name-based hosting. We will periodically review IP
address usage, and if we find that clients are using IP addresses
where name-based hosting could be used, we will revoke authorization
to use those IP addresses.
Bandwidth
Usage: Client agrees that bandwidth that exceeds the given
rate on a monthly basis will pay an "overage" as detailed on the
Hosting.Eden-2000.com website.
Hosting.Eden-2000.com will monitor
Client's bandwidth via MRTG.
Hosting.Eden-2000.com shall have the
right to take corrective action if Client's bandwidth is excessive
and interrupts service for other Clients. Such corrective action may
include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in
Hosting.Eden-2000.com's
sole and absolute discretion. If
Hosting.Eden-2000.com takes any
corrective action under this section, Client shall not be entitled
to a refund of any fees paid in advance prior to such action. In the
event that a Client exceeds the included allocation,
Hosting.Eden-2000.com may, at its sole discretion, collect a
deposit, in an amount determined by
Hosting.Eden-2000.com, against
Client's credit card on file with
Hosting.Eden-2000.com.
System and
Network Security: Users are prohibited from violating or
attempting to violate the security of the
Hosting.Eden-2000.com
Network. Violations of system or network security may result in
civil or criminal liability.
Hosting.Eden-2000.com will investigate
occurrences, which may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include, without
limitation:
Accessing data not
intended for such User or logging into a server or account, which
such User is not authorized to access.
Attempting to probe, scan
or test the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization.
Attempting to interfere with service to any user,
host, or network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging
any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
Taking any action in order to
obtain services to which such User is not entitled.
Addition of
IP addresses that have not been specifically assigned to their
account.
Notification of
Violation:
Hosting.Eden-2000.com is under no duty to look
at each Client's or user's activities to determine if a violation of
the AUP has occurred, nor do we assume any responsibility through
our AUP to monitor or police Internet-related activities.
First
violation: Any User, which
Hosting.Eden-2000.com determines
to have violated any element of this Acceptable Use Policy, shall
receive an email, warning them of the violation. The service may be
subject at
Hosting.Eden-2000.com's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations.
Second
Violation: Users that
Hosting.Eden-2000.com determines to
have committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
We reserve the right to
drop the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing
great harm to parties on the Internet. In certain rare cases, we may
have to do this before attempting to contact you. If we do this, we
will contact you as soon as is feasible.
Suspension of
Service or Cancellation:
Hosting.Eden-2000.com reserves the
right to suspend network access to any Client if in the judgment of
the
Hosting.Eden-2000.com network administrators the Client's server
is the source or target of the violation of any of the other terms
of the AUP or for any other reason which
Hosting.Eden-2000.com
chooses. If inappropriate activity is detected, all accounts of the
Client in question will be deactivated until an investigation is
complete. Prior notification to the Client is not assured. In
extreme cases, law enforcement will be contacted regarding the
activity. The Client will not be credited for the time the Client's
machines were suspended.
Hosting.Eden-2000.com
reserves the right to amend its policies at any time. All Clients of
Hosting.Eden-2000.com's Clients must adhere to the above policies.
Failure to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible for the actions
of your clients in the matter described on these Terms and
conditions. Therefore, it is in your best interest to implement a
similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
Responsibility
for Content: You, as
Hosting.Eden-2000.com's Client, are
solely responsible for the content stored on and served by your
Hosting.Eden-2000.com server.
Miscellaneous
Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
A waiver by the Company
of any breach of any provision of this Agreement by Client shall not
operate as or be construed as a continuing or subsequent waiver
thereof or as a waiver of any breach of any other provision
thereof.
Client shall not
transfer or assign this Agreement without the prior written consent
of the Company. Company may assign Agreement at anytime without
consent from or notice to Client. Company reserves right to cancel
Clients rights under this contract at anytime without further
obligation.
Hosting.Eden-2000.com
takes no responsibility for any material input by others and not
posted to the
Hosting.Eden-2000.com Network
(Power Surge Technologies, inc.) by
Hosting.Eden-2000.com.
Hosting.Eden-2000.com is not responsible for
the content of any other websites linked to the
Hosting.Eden-2000.com Network
(Power Surge Technologies, inc.); links are provided as Internet
navigation tools only.
Hosting.Eden-2000.com disclaims any
responsibility for any such inappropriate use and any liability to
any person or party for any other person or party's violation of
this policy.
Hosting.Eden-2000.com
is not responsible for any damages your business may suffer.
Hosting.Eden-2000.com does not make implied or written warranties
for any of our services.
Hosting.Eden-2000.com denies any warranty
or merchantability for a specific purpose. This includes loss of
data resulting from delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by
Hosting.Eden-2000.com
or Network (Power Surge Technologies, inc.) difficulties.