Epsilon9 Hosting Policies

Acceptable Use Policy
Privacy Statement

TERMS OF SERVICE (ToS)

Epsilon9 Hosting agrees to furnish internet hosting services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Epsilon9 Hosting service constitutes acceptance and agreement to Epsilon9 Hosting's AUP (Acceptable Use Policy) as well as Epsilon9 Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Epsilon9 Hosting and this AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Epsilon9 Hosting. Subscriber understands that change to the AUP by Epsilon9 Hosting 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 Washington, county of King applicable to contracts enforceable in that state. Venue will be King County, Washington

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Epsilon9 Hosting 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 Epsilon9 Hosting shall have the right to terminate all service set forth in this Agreement.
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 Epsilon9 Hosting 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 Epsilon9 Hosting of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Epsilon9 Hosting are subject to the current tax rate as imposed by the City of Seattle, State of Washington which is currently 8.25%. 80% of the monthly service charge is subject to the 8.25% tax rate, while the remaining 20% of the monthly service charge is not taxed. 100% of the setup fee is subject to the 8.25% tax rate. The above applies to all accounts and services provided by Epsilon9 Hosting.
Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Epsilon9 Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Epsilon9 Hosting 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. All Payments To Epsilon9 Are Non-Refundable.
Refund and Disputes: All payments to Epsilon9 Hosting 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 Epsilon9 Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Epsilon9 Hosting an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: Epsilon9 Hosting 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.
Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

Epsilon9 Hosting
1705 E. Columbia Street
Seattle, WA 98122

Or you may call 206.274.4509 or fax the cancellation request to 425.696-1979.

Epsilon9 Hosting's preferred method of cancellation is via the members section of your Epsilon9 Hosting account. Please log into the members section at https://www.Epsilon9.com/modernbill/ and you can request to have your server cancelled there via the online cancellation form.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Epsilon9 Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Epsilon9 Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Epsilon9 Hosting. Subscriber further acknowledges that Epsilon9 Hosting'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 Epsilon9 Hosting be liable for any special or consequential damages, loss or injury.
New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Epsilon9 Hosting on behalf of the account holder a handling fee will be incurred.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Epsilon9 Hosting will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Epsilon9 Hosting on behalf of the account holder a handling fee will be incurred. If the client cancels service during the transfer period for any reason, all charges are considered earned.
Support Boundaries: Epsilon9 Hosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Epsilon9 Hosting provides support related to your server or virtual site physical functioning. Epsilon9 Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Epsilon9 Hosting does not provide technical support for YOUR clients. If you can email, we encourage you to email for assistance. If you are able to get online and have other questions, see our Client eCare Support System - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
SPAM and Unsolicited Commercial Email (UCE): Epsilon9 Hosting 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 Epsilon9 Hosting may not use or permit others to use our network to transact in UCE. Clients of Epsilon9 Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
1. Violation of Epsilon9 Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Epsilon9 Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Epsilon9 Hosting may restrict client access to the network to prevent further violations. If a client is found to be in violation of our SPAM policy, Epsilon9 Hosting may, at its sole discretion, restrict, suspend or terminate client's account. Further, Epsilon9 Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Epsilon9 Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
2. 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 Epsilon9 Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Clients are ultimately responsible for the actions of their clients over the Epsilon9 Hosting network, it is advisable that Clients develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, 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 client. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
Network:
1. IP Address Ownership: If Epsilon9 Hosting assigns Client an Internet Protocol address for Client's use, the right to use that Internet Protocol address shall belong only to Epsilon9 Hosting, and Client shall have no right to use that Internet Protocol address except as permitted by Epsilon9 Hosting in its sole discretion in connection with the Services, during the term of this Agreement. Epsilon9 Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Client by Epsilon9 Hosting, and Epsilon9 Hosting 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.
2. Bandwidth and Disk Usage: Client agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Client on the Order Form (the "Agreed Usage"). Epsilon9 Hosting will monitor Client's bandwidth and disk usage. Epsilon9 Hosting shall have the right to take corrective action if Client's bandwidth or disk usage exceeds the Agreed Usage. 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 Epsilon9 Hosting's sole and absolute discretion. If Epsilon9 Hosting 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, Epsilon9 Hosting may, at its sole discretion, collect a deposit, in an amount determined by Epsilon9 Hosting, against client's credit card on file with Epsilon9 Hosting.
3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Epsilon9 Hosting Network. Violations of system or network security may result in civil or criminal liability. Epsilon9 Hosting 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:
  1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation:
1. Epsilon9 Hosting 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.
2. First violation: Any User, which Epsilon9 Hosting 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 Epsilon9 Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
3. Second Violation: Users that Epsilon9 Hosting 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.
4. 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 client'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.
Suspension of Service or Cancellation: Epsilon9 Hosting reserves the right to suspend network access to any client if in the judgment of the Epsilon9 Hosting 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 Epsilon9 Hosting 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.
Policy Changes:Epsilon9 Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Epsilon9 Hosting 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.
Indemnification: Epsilon9 Hosting wishes to emphasize that in agreeing to the Epsilon9 Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), client indemnifies Epsilon9 Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Epsilon9 Hosting or the bringing of any claim against Epsilon9 Hosting by any third-party. This means that if Epsilon9 Hosting is sued because of a client's or a client of a client's activity, the client will pay any damages awarded against Epsilon9 Hosting, plus all costs and attorney's fees.
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.
1. A waiver by Epsilon9 Hosting 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.
2. Subscriber shall not transfer or assign this Agreement without the prior written consent of Epsilon9 Hosting. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel clients rights under this contract at anytime without further obligation.
3. Epsilon9 Hosting takes no responsibility for any material input by others and not posted to the Epsilon9 Hosting Network by Epsilon9 Hosting. Epsilon9 Hosting is not responsible for the content of any other websites linked to the Epsilon9 Hosting Network; links are provided as Internet navigation tools only. Epsilon9 Hosting 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.
4. Epsilon9 Hosting is not responsible for any damages your business may suffer. Epsilon9 Hosting does not make implied or written warranties for any of our services. Epsilon9 Hosting 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 Epsilon9 Hosting.
5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as Epsilon9 Hosting's client, are solely responsible for the content stored on and served by your Epsilon9 Hosting server.
Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.

Client agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Client further agrees not to reverse engineer, decompile, or disassemble the Software Products.

Epsilon9 Hosting may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Epsilon9 Hosting has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Client understands that product support for Third Party Products is provided by Epsilon9 Hosting and not by the Third Party Vendor. Neither Epsilon9 Hosting nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Client expressly acknowledges and agrees that use of third party products is at client's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Epsilon9 Hosting or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Epsilon9 Hosting nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Client agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that client shall be fully liable to third party vendors and Epsilon9 Hosting with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.
Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.