These are the standard terms and conditions for all services provided and apply to all contracts and all work undertaken by E-Wiz Solutions, Inc. for its clients.
E-WIZ SOLUTIONS, INC. WILL NEVER REQUIRE CLIENTS TO ADVERTISE FOR E-WIZ SOLUTIONS, INC. ON THEIR WEBSITES IN ANY WAY, SHAPE OR FORM. CLIENTS ARE ALLOWED TO USE THEIR SITES FOR BUSINESS/COMMERCIAL OR PERSONAL WEBSITES OR CONTENT.
- All services provided by E-WIZ SOLUTIONS, INC. may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with “adult only” content, or material, protected by trade secrets and other statute.
- Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
- Pirated software or MP3 files
- Hackers programs or archives
- Warez Sites
- Spamming Software
- No material that provides sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, weapons, pirated materials, instructions on making, assembling or obtaining illegal goods or weapons to attack others. Information used to break, copyright, violate the trademark of or to destroy others property or information. Information used to illegally harm any people or animals. We do not allow pornography, nudity, sexual products, programs or services. Escort services are not allowed or other content deemed adult related.
- All activities may be monitored, recorded, and examined by any authorized person, including law enforcement.
- E-Wiz Solutions, Inc. reserves the right, but is not obligated to review the content posted via the service and to refuse or remove any such materials in its sole discretion, without notice at any time.
- Foul language and profanity in the site content, and in the domain name are prohibited.
- E-WIZ SOLUTIONS, INC. will be the sole arbiter as to what constitutes a violation of this provision.
- E-WIZ SOLUTIONS, INC. will monitor the customer’s disk usage and if it exceeds the usage agreed upon, E-WIZ SOLUTIONS, INC. shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.
- E-WIZ SOLUTIONS, INC. offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she has to notify E-WIZ SOLUTIONS, INC. via e-mail (email@example.com), and the payment will be promptly refunded. Since all .com, .net, .org, .us, .biz and .info domains registered through our services cannot be refunded, they will be subject to a $10.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.
- E-WIZ SOLUTIONS, INC. does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.
- If a customer disputes a setup / renewal charge for any account, E-WIZ SOLUTIONS, INC. will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.
- Accounts terminated due to policy violations will not be refunded.
- In order to insure uninterrupted service to your website, all web hosting plans paid for by Credit Card will automatically renew “on” or “14 days prior” to account expiration date. Said renewal is for the same duration initially selected or agreed upon. Client will receive an emailed receipt sent to the contact email address on file for the account. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to item number 1 below. E-WIZ SOLUTIONS, INC. does not renew accounts automatically for customers who pay by check. For these customer’s, E-WIZ SOLUTIONS, INC. will send a renewal invoice to the contact physical address on file for the corresponding hosting account and/or domain registration. The customer is ultimately responsible for renewing the hosting account and/or domain registration by mailing their payment (check) to E-WIZ SOLUTIONS, INC. by the due date indicated in their invoice in order avoid loss of service, loss of domain and removal of customers account from the E-Wiz Solutions’s servers. Failure to submit payment for a domain name registration renewal by the due date indicated on an invoice will result in the release of the domain name(s) to the internet registry upon the domain name(s) expiration date at which time the domain name(s) may be purchased by anyone.
- Client and E-Wiz Solutions, Inc. mutually agree as follows:
- E-Wiz Solutions, Inc. shall automatically renew customer’s hosting account, for the same duration initially selected, with the credit card on file 14 days prior to the account expiration date, unless customer at customer’s sole discretion notifies E-Wiz Solutions, Inc. of cancellation of automatic renewal at least 16 days prior to account expiration date by directing Automatic Renewal Cancellation Notification to (914)318-5376 and firstname.lastname@example.org.
- E-Wiz Solutions, Inc. agrees that on receipt of Automatic Renewal Cancellation Notification under the conditions stated above, that no additional charges shall be billed to customer and that customer’s hosting account shall expire on the account expiration date.
- In the event Customer is a corporation, partnership, limited liability, joint venture, other business entity or group of individuals, the individual signing up for account hosting services certifies that he/she has the authority to bind the corporation, partners, joint venture or individuals in this manner.
- In the event that the Customer issues a chargeback or reversal of charges without first following the above cancellation policy, Customer will be responsible for a $75.00 billing service fee.
- Client agrees that should they not want to renew their hosting service and/or domain registration with E-Wiz Solutions, Inc., client must contact E-Wiz Solutions by telephone 30 days prior to account expiration. If an account renews and a client wants to cancel the account, client will not be refunded fees for account renewal.
- Customers are not allowed to open a second hosting account for a domain that is already hosted through E-WIZ SOLUTIONS, INC.. If the customer wants to continue hosting the specified domain with E-WIZ SOLUTIONS, INC., he/she needs to renew the account using one of the renewal options given by E-WIZ SOLUTIONS, INC..
- In case of ownership dispute, E-WIZ SOLUTIONS, INC. reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which E-WIZ SOLUTIONS, INC. will decide who is the rightful owner of the disputed hosting account or domain name:
- By default, E-WIZ SOLUTIONS, INC. will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. E-WIZ SOLUTIONS, INC. reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.
- If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, E-WIZ SOLUTIONS, INC. will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, E-WIZ SOLUTIONS, INC. may grant ownership to another person or organization, if enough proof is presented about the original owner’s condition, and based solely upon the investigation that E-WIZ SOLUTIONS, INC. will undertake about this issue.
- E-WIZ SOLUTIONS, INC. will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
- In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.
- If the contact e-mail address is outdated or incorrect, the customer should contact email@example.com, who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.
- Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic over usage, E-WIZ SOLUTIONS, INC. reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case E-WIZ SOLUTIONS, INC. takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
- Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
- Programs running in the background are not allowed.
- To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:
- Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
- CPU usage limitations: Scripts that take too much real CPU time will be terminated.
- Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
- We do not allow running of proxy software on our servers.
- Violation of indecency and obscenity laws can result in criminal penalties.
- Materials, accessible to the customer through E-WIZ SOLUTIONS’s services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use E-WIZ SOLUTIONS’s services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through E-WIZ SOLUTIONS’s network. If the customer uses a domain name in connection with E-WIZ SOLUTIONS’s service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
- In accordance with the Digital Millennium Copyright Act, E-Wiz Solutions, Inc. has adopted a policy that provides for termination of websites hosted by E-Wiz Solutions, Inc. that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by E-Wiz Solutions, Inc. or its subsidiaries, and the copyright holder wants E-Wiz Solutions, Inc. to remove the website or disable the material in question, E-Wiz Solutions, Inc. will remove the website or disable the material.
- In the event that E-Wiz Solutions, Inc. receives notice of copyright infringement or trademark infringement pertaining to clients’s domain name or content existing on client’s website, client agrees that E-Wiz Solutions, Inc. may discontinue services or remove such content from client’s website without prior notice to client whereby services and/or content will not be restored until client can prove proper ownership.
- Customers may not use E-WIZ SOLUTIONS’s network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: hacking, flooding, mail bombing or other deliberate attempts to overload or crash a host or network. It is also prohibited for any client to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. E-WIZ SOLUTIONS, INC. will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
- The use of the Services to engage in any activities that are determined by E-Wiz Solutions, Inc., in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. E-Wiz Solutions, Inc. will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
The customer may not host material that is:
- threatening or obscene;
- offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
- harmful to minors;
- likely to cause damage to reputation of third parties.
Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
- The customer may not use E-WIZ SOLUTIONS’s network, E-WIZ SOLUTIONS’s equipment or E-WIZ SOLUTIONS’s e-mail service in connection with the transmission of spam, flames, viruses, mail bombs, emails with false message headers, emails with misidentified origin or similar unsolicited e-mail messages. The customer’s domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the E-WIZ SOLUTIONS’s network, E-WIZ SOLUTIONS’s equipment or E-WIZ SOLUTIONS’s e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
- In case sufficient evidence is presented about any violation of this provision, E-WIZ SOLUTIONS, INC. reserves the right to disable the customer’s account without prior notice. For the purpose of acquiring such evidence, E-WIZ SOLUTIONS, INC. will use various techniques, including but not limited to: closely inspecting all spam reports sent to E-WIZ SOLUTIONS’s anti-abuse department (firstname.lastname@example.org), searching the logs of E-WIZ SOLUTIONS’s mail servers, and scanning the server space for popular “spamming” applications. E-WIZ SOLUTIONS, INC. will be the sole arbiter as to what would be considered sufficient evidence.
- Any attempt to undermine, slander, libel, threaten or cause harm to E-WIZ SOLUTIONS’s customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
- In the event that client’s website content and/or use of their domain name results in E-Wiz Solutions, Inc., being named in any legal action as a party, Client agrees to indemnify E-Wiz Solutions, Inc. and hold it harmless from any and all liability, expense and cost associated with such legal action.
- Client agrees to indemnify and hold harmless E-Wiz Solutions from any claims resulting from the use of our services that damages them or any other party. E-Wiz Solutions and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
- E-WIZ SOLUTIONS, INC. reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, E-WIZ SOLUTIONS, INC. reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
- Customers are responsible for ensuring that E-Wiz Solutions, Inc. has accurate contact and billing information at all times in order we can invoice and bill properly for all services provided. Updates to contact and/or billing information such as billing address, telephone number, email address and credit card information can be provided to us at (914)318-5376. Failure on customers part to maintain accurate contact information and billing information with E-Wiz Solutions, Inc. may result in loss of service and/or having your account terminated.
- E-WIZ SOLUTIONS, INC. reserves the right at its sole discretion to refuse or cancel service to anyone without prior notice for any reason. Violation of any of E-WIZ SOLUTIONS’s Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
- E-WIZ SOLUTIONS, INC., at its sole discretion, may change these terms and conditions at any time. By using E-WIZ SOLUTIONS’s services the user agrees that E-WIZ SOLUTIONS, INC. may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on E-WIZ SOLUTIONS’s web site, or on notification to the customer by e-mail. The customer agrees to review E-WIZ SOLUTIONS’s web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying E-WIZ SOLUTIONS, INC. by e-mail or via the support web site (https://www.ewizsolutions.com). Notice of the customer’s termination will be effective on receipt and processing by E-WIZ SOLUTIONS, INC. The customer agrees that, by continuing to use E-WIZ SOLUTIONS’s services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
- The content available through this site is the sole property of E-WIZ SOLUTIONS, INC. and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, E-WIZ SOLUTIONS-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without E-WIZ SOLUTIONS’s express prior written consent.
- YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. E-WIZ SOLUTIONS, INC. HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS OR VULNERABILITIES. NO ADVICE OR INFORMATION GIVEN BY E-WIZ SOLUTIONS, INC. OR UNITED ONLINE WEB SERVICE.S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. E-WIZ SOLUTIONS, INC. DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. E-WIZ SOLUTIONS, INC. DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. E-WIZ SOLUTIONS, INC. DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR E-WIZ SOLUTIONS, INC. IN PARTICULAR.
- THE CUSTOMER AGREES THAT E-WIZ SOLUTIONS, INC. SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF E-WIZ SOLUTIONS’S SERVICES OR INTERRUPTION OF THE CUSTOMER’S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO E-WIZ SOLUTIONS’S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY E-WIZ SOLUTIONS, INC.; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND E-WIZ SOLUTIONS’S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, THEFT OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER’S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. E-WIZ SOLUTIONS, INC. ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF E-WIZ SOLUTIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E-WIZ SOLUTIONS’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE RESELLER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, E-WIZ SOLUTIONS’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Last revision: April 29, 2015