Eclectic-Systems

Terms of Service Content

All services provided by Eclectic-Systems are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Eclectic-Systems, from any claims resulting from the subscriber’s use of Eclectic-Systems services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Eclectic-Systems server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Eclectic-Systems servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):

• Pirated software
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

Eclectic-Systems will be the sole arbiter as to what constitutes a violation of this provision.
Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:

IRC - We allow IRC Servers IRC Clients, Egg Drops, BNC, or IRC bots to be operated on our servers or network.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any Eclectic-Systems server or any server located on the Eclectic-Systems network is STRICTLY prohibited. Eclectic-Systems will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Eclectic-Systems. In addition to termination of any account found to be in violation there will also be a $100 penalty fine applied for every valid spam complaint processed by Eclectic-Systems staff.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Eclectic-Systems customers must be Closed-loop (”Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Eclectic-Systems-hosted domain, or referencing any Eclectic-Systems account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to an Eclectic-Systems server or subscriber of Eclectic-Systems is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Eclectic-Systems must adhere to the above policies.
Scheduled Maintenance and Downtime
Eclectic-Systems will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (”Scheduled Downtime”); or service malfunctions, and causes beyond Eclectic-Systems control or which are not reasonably foreseeable by Eclectic-Systems, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Eclectic-Systems will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Eclectic-Systems has no responsibility for downtime resulting from a user’s actions.
Any violation of Eclectic-Systems Terms of Service Agreement shall result in no refund.
Limitations on Use
Any account using 25% or more of the server CPU can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. Eclectic-Systems maintains the right to cancel accounts at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. You will be billed on the date you ordered the service every term.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 7 days of the invoice date. If your account has been disabled, you must pay all overdue payments and the next terms payment before your account will be enabled.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as security verification.
Courtesy Services for Customers
All services such as backup are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Eclectic-Systems is not responsible for lost data or for lost data due to third party software that is not maintained by Eclectic-Systems programming staff.
Limitation of Damages
Recovery of damages from Eclectic-Systems may not exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Eclectic-Systems.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Eclectic-Systems administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. Eclectic-Systems maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute Resolution
Any dispute between Eclectic-Systems and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Texas law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Harris County, Texas, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

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