Terms of Service
Huevia agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Huevia Service constitutes acceptance and agreement to Huevia's AUP as well as Huevia's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy) of Huevia. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the AUP by the Company 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 Florida, county of Orange, applicable to contracts enforceable in that state. Venue will be Orange County, Florida.
1. Disclosure to Law Enforcement:
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 Huevia 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.
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.
4. Payments and Fees:
Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service may be interrupted on accounts that reach 10 days past due without notice. Service interrupted for nonpayment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Huevia may be turned over to an outside collection agency for collection. If account is turned over for collection, Subscriber agrees to pay the company a "Processing and Collection" Fee of not less than $50.00 nor more than $150.00. Subscriber expressly agrees that any or all collocated equipment or servers will not be released, and will remain in the possession of the Company, until all outstanding balances are paid in full. If Subscriber desires to cancel the account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes:
All payments to Huevia are nonrefundable. This includes any 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 Subscriber disputes a charge to his/her credit card issuer that, in Huevia's sole discretion is a valid charge under the provisions of the TOS and/or AUP, Subscriber agrees to pay Huevia an "Administrative Fee" of not less than $50 and not more than $150.
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. Subscriber expressly agrees that any or all collocated equipment or servers will not be released, and will remain in the possession of the Company, until all outstanding balances are paid in full.
7. Account Cancellation:
All requests for canceling accounts must be submitted in writing to firstname.lastname@example.org or via your billing control panel. Subscriber expressly agrees that any or all collocated equipment or servers will not be released, and will remain in the possession of the Company, until all outstanding balances are paid in full.
8. Subscriber 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, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company'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 may have occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.
9. Transfer of Domains:
New accounts which involve the transfer of a domain from another provider to Huevia may 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 Huevia on behalf of the account holder a handling fee will be incurred. If the subscriber cancels service during the transfer period for any reason, all charges are considered earned.
10. Support Boundaries:
Huevia provides technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Huevia provides support related to Subscribers server or virtual site physical functioning. Huevia does not offer tech support for application specific issues such as management scripts, cgi programming, html or any other such issue. It is the Subscriber's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the Huevia support staff to teach Subscriber how to use aspects of the tools at Subscribers disposal. Huevia does not provide technical support for subscriber's customers. We encourage Subscriber to post questions on the Users Forum. We encourage Subscriber to check there first for assistance. If Subscriber is able to get assistance there or has other questions, the answers may be on our Knowledge Base pages. Lastly, Subscribers may login to tech support.
11. SPAM and Unsolicited Commercial Email (UCE):
Huevia 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 Huevia may not use or permit others to use our network to transact in UCE. Customers of Huevia 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 Huevia's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Huevia will initiate an immediate investigation (within 48 hours of notification). During the investigation, Huevia may restrict subscriber access to the network to prevent further violations. If a subscriber is found to be in violation of our SPAM policy, Huevia may, at its sole discretion, restrict, suspend or terminate subscriber's account. Further, Huevia reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Huevia 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 $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500.00 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 $175.00 per hour that Huevia personnel must spend to investigate the matter. PLEASE, DO NOT SPAM or ALLOW SPAM from your account.
As our Subscribers are ultimately responsible for the actions of your clients over the Huevia network, it is advisable that subscribers develop a similar, or stricter, policy for their clients.
I2. 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 continued 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 Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. Any server, host or site causing the blocking of an IP address will be charged a $250.00 fee for loss of use of each listed IP prior to the server being reconnected, Additionally, no server may be removed from Huevia's facilities until all balances, including violation penalties, are paid in full.
IP Address Ownership: If Huevia assigns subscriber an Internet Protocol address for subscriber's use, the right to use that Internet Protocol address shall belong only to Huevia, and subscriber shall have no right to use that Internet Protocol address except as permitted by Huevia in its sole discretion in connection with the Services, during the term of this Agreement. Huevia shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to subscriber by Huevia, and Huevia 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 subscribers 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.
Bandwidth Usage: Subscriber agrees that bandwidth usage shall not exceed the number of gigabits or megabits per month for the Services ordered by Subscriber on the Order Form (the "Agreed Usage"). Huevia will monitor Subscriber's bandwidth usage. Huevia shall have the right to take corrective action if subscriber's bandwidth 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 Huevia's sole and absolute discretion. If Huevia takes any corrective action under this section, subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a subscriber exceeds the included allocation, Huevia may, at its sole discretion, collect a deposit, in an amount determined by Huevia, against subscriber's credit card on file with Huevia. This includes, but is not limited to, excessive use of resources, such as bandwidth, that may be caused by "Hackers" or other unauthorized users.
Resource Abuse or Over - Allocation: Any site whose traffic, programs and/or processes are using excessive amounts of system resources will be in violation of Huevia Resource Abuse Policy. Excessive amounts is defined as any amount that results in substantial degradation of shared server performance. Huevia is the sole determinant of what constitutes degraded performance. Specific resource i are prohibited on Huevia's networks for resource and security protection which include but are not limited to, IRC bots and clients, Open Relay and Proxy servers. (See 19. and 20. below)
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Huevia Network. Violations of system or network security may result in civil or criminal liability. Huevia 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.
14. Notification of Violation:
Huevia is under no duty to look at each subscriber'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 Huevia 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 Huevia's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that Huevia 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 any parties on the network or Internet. In particular, if open relays are on your server or network or a customer's server or network, or if denial of service attacks are originating from your server or 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 possible.
15. Suspension of Service or Cancellation:
Huevia reserves the right to suspend network access to any subscriber if in the judgment of the Huevia network administrators the subscriber'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 Huevia chooses. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until an investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber will not be credited for the time the subscriber's machines were suspended.
16. Amending Policy
Huevia wishes to emphasize that in agreeing to the Huevia Acceptable Use Policy (AUP) and Terms of Service (TOS), subscriber indemnifies Huevia for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Huevia or the bringing of any claim against Huevia by any third-party. This means that if Huevia is sued because of a subscriber's or a customer of a subscriber's activity, the subscriber will pay any damages awarded against Huevia, plus all costs, including collections fees and attorney's fees.
18. Miscellaneous Provisions:
Subscriber must provide Company with, and keep current, good contact information. E-mail, telephone, fax, and address are used, in that order of preference.
International Subscribers may be required to provide additional information, such as, a photocopy of a Passport or Drivers License and a photocopy of any credit card that is used for billing.
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.
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.
Huevia takes no responsibility for any material input by others and not posted by Huevia. Huevia is not responsible for the content of any other websites linked to the Huevia; links are provided as Internet navigation tools only. Huevia 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.
Huevia is not responsible for any damages your business may suffer. Huevia does not make implied or written warranties for any of our services. Huevia 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 Huevia.
It is Subscribers responsibility to to backup, maintain, and store all data, programs, content and information for your webhosting account. Huevia denies any warranty or merchantability for this specific purpose.
19. Responsibility for Content:
You, as a Huevia subscriber, are solely responsible for the content stored on and served by your Huevia account. It is the Subscriber's sole responsibility to maintain local copies of their web server content or any information on a server. Huevia accepts no responsiblities, expressed or implied, for any data or information on a Subscriber's account or server.
Scripts and Script Errors: You are free to use any scripts you wish, except as noted in 20. below, as long as they are not against Huevia TOS and AUP. However, we reserve the right to disable any script that effects normal network operation or service to other Subscribers. You will be notified within 24 hours about termination of any script.
Huevia is not responsible for scripts that you use in your hosting. It is not Huevia responsibility to ensure your scripts function.
Huevia provides technical support for the network and network related softwares only. Any scripts are 3rd Party scripts and are not supported by Huevia, however you may seek assistance from our Users Forum or Knowledge Base pages.
20. Restricted Scripts and Programs:
For security and resource management the following scripts are prohibited on any Huevia account: IRC bots and clients, Proxy servers, and Matt Wright's formmail prior to version 1.92. Any Subscriber which Huevia 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 Huevia's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations and the removal of the scripts.
IRC networks: It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.
Eggdrop Scripts: Eggdrop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.