Hosting Terms of Service

ePC Works has a NO REFUND POLICY in Terms of Service; Section 5.

ePC Works ("ePC Works") agrees to furnish services to the Subscriber, subject to the following ("Terms of Service").

Use of ePC Works Service constitutes acceptance and agreement to AUP ("Acceptable Use Policy"), TOS ("Terms of Service"), DMP ("Domain Policy") and WDA ("The Webdesign Agreement").

All provisions of this contract are subject may be changed from time to time at the discretion of ePC Works. Subscriber understands that change to the TOS, AUP, DMP and WDA by the ePC Works shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Monroe, Michigan 48161 applicable to contracts enforceable in that state. Venue will be Monroe, Michigan 48161.

1. Disclosure: 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 ePC Works shall have the right to terminate all service set forth in this Agreement.

2. 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. 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.

3. 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.

If your credit card is denied you can be subject to a $30.00 fine.

4. Payments and Fees: Payments that are not recieved by the due date service will be interrupted on accounts that reach;

a. 4 days after past due for Shared Hosting, Reseller Hosting, Shoutcast Hosting.

b. If you have Dedicated Servers with us your service can be interrupred after 2 days past due, If you have 1 or more servers with us "Failure to contact" by e-mail and phone, We have the right to suspend, terminate, and fine 1 or more servers you have with us, If 1 or more servers are past due and may subject to the following;

service interrupted for nonpayment is subject to a $30.00 reconnect charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes: All payments to ePC Works are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage.

6. 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.

If your account is sent to collections, All collection fees will be added to your past due balance.

7. Account Cancellation: All requests for canceling accounts must be made via email to billing@cpadmin.net with at least 7 days. You must have all account information to cancel, if you bought a domain name from ePC Works, see Domain Contract for details.

If the client cancels subscription your grace period will be void.

8. Subscriber: acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Invoicing: ePC Works has a new billing system, which automatically send out invoices. If a subscriber does not receive a invoice, you may request one at billing@cpadmin.net

10. Support Boundaries: ePC Works, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are managed, ePC Works Only ensures that the server is online and is remotely accessible... ePC Works does not provide technical support for YOUR customers. If you can email, we encourage you use our support ticket system for assistance.

11. SPAM and Unsolicited Commercial Email (UCE): ePC Works 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 ePC Works may not use or permit others to use our network to transact in UCE. Customers of ePC Works 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.

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

b. 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 ePC Works personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c. As our Customers are ultimately responsible for the actions of their clients over the ePC Works network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:

Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

12. Network: a. IP Address Ownership: If ePC Works assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ePC Works, and Customer shall have no right to use that Internet Protocol address except as permitted by ePC Works in its sole discretion in connection with the Services, during the term of this Agreement. ePC Works shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ePC Works, and ePC Works 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 where possible. 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 that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame The Company reserves the right to retract IPs that are not being utilized without notifying the client

b. Bandwidth Usage. ePC Works will monitor Customer's bandwidth. ePC Works shall have the right to take corrective action if Customer's usage negatively impacts other clients.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ePC Works Network. Violations of system or network security may result in civil or criminal liability. ePC Works 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:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

13. Notification of Violation: a. ePC Works is under no duty to look at each customer'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.

b. First violation: Any User, which ePC Works 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 ePC Works's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that ePC Works 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.

d. 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 particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. 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.

14. Suspension of Service or Cancellation: ePC Works Has the right to suspend and (or) terminate any site without notice and reason, we are not responsiable for loss data on ePC Works Server.

15. Amend: ePC Works reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of ePC Works 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.

16. Indemnification: ePC Works wishes to emphasize that in agreeing to the ePC Works Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ePC Works for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ePC Works or the bringing of any claim against ePC Works by any third-party. This means that if ePC Works is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ePC Works, plus all costs and attorney's fees.

a. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the ePC Works shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

17. 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. A waiver by the Company of any breach of any provision of this Agreement by Subscriber 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.

b. Subscriber 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 Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. ePC Works takes no responsibility for any material input by others and not posted to the ePC Works Network by ePC Works. ePC Works is not responsible for the content of any other websites linked to the ePC Works Network; links are provided as Internet navigation tools only. ePC Works 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.

d. ePC Works is not responsible for any damages your business may suffer. ePC Works does not make implied or written warranties for any of our services. ePC Works 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 ePC Works.

18. Responsibility for Content: You, as ePC Works's customer, are solely responsible for the content stored on and served by your ePC Works server.

20. Bandwidth usage abuse: If you the "sole" account owner uses alot of bandwidth your account can be capped to keep the performance of the server load. If your account is attacked by a Denial of service, your account can be suspended untill a investigation has taken place and you may be pentalized by these following actions can take place:

First Abuse Violation: Pay $30.00 reconnection fee and possible account suspension and (or) termination.
Second Abuse Violation: Pay $60.00 reconnection fee and possible account suspension and (or) termination.
Thrid Abuse Violation: Pay $100.00 reconnection fee and possible account suspension and (or) termination.
Fourth Abuse Violation: Pay $150.00 reconnection fee and possible account suspension and (or) termination.

Updated: January 21, 2009