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DISCLAIMER & Terms
EBirbals provides
web hosting to clients worldwide, and we have a responsibility to
protect each client and to provide the best services available.
All clients of Ebirbals.com are subject to the following terms of
service.
PAYMENTS & MONEY BACK GUARANTEE:
We accept Demand
Draft, Paypal, Western Union money Transfer, credit cards only.
WEB HOSTING
PLANS: All Web Hosting and Ecommerce Web Hosting plans include
a 30-day money-back guarantee. If you are dissatisfied with your
service for any reason, you will receive a full refund (minus
set-up fees and overage charges) if you cancel your account within
30 days of account activation.[ Accounts cancelled/terminated by
Ebirbals.com for violation of Terms of Use do not qualify for the
30-day money back guarantee. For example, if your account is
cancelled due to spamming, you will not be given any refund.]
RESELLER PLANS:
Hosting plans include a 14-day money-back guarantee. If you are
dissatisfied with your service for any reason, you will receive a
full refund (minus set-up fees and overage charges) if you cancel
your account within 14 days of account activation.[ Accounts
cancelled/terminated by Ebirbals.com for violation of Terms of Use
do not qualify for the 30-day money back guarantee. For example,
if your account is cancelled due to spamming, you will not be
given any refund.]
ACCOUNT
CANCELLATION:
All requests for canceling any service / services must be sent to
admin@Ebirbals.com with reason for cancel account. We do not take
any fees for remove your accounts.
UPTIME GUARANTEE:
All Packages
Include 99% uptime guarantee. But Guarantee credit does not cover
server hardware failures, Scheduled downtime, A Network Outages.
SERVER HARDWARE
FOR DEDICATED SERVERS:
Hardware replacement will occur within 8 hours of the reported
problem, Ebirbals.com will refund 5% of the monthly fee per
additional 8 hours of down time (up to 100% of customer's monthly
fee). In order to reduce replacement hardware downtime, we keep a
small quantity of pre-built systems on hand to swap out Hard
disks, so that your server can be back up in the shortest amount
of time. For Hard disk failures, we keep pre-installed drives with
our standard partitioning for immediate deployment. In order to
request an hardware violation credit, you must email sales, within
10 days of reported violation, at: sales@Ebirbals.com . violations
will be reviewed by our personnel Monday - Friday 9AM to 5PM .
*Hardware violations do not cover network violation*
Ebirbals.com not
responsible for the restoration of data to server. We strongly
recommend that your purchase backup options for your server, and
keep copies of your data off-site with you for emergency purposes.
If hardware failure and data loss occurs, you the client are
responsible for data restoration. Ebirbals.com shall not be liable
for loss of data under any circumstance.
ACCEPTABLE USE
POLICY:
All services provided by Ebirbals.com may be used for lawful
purposes only. Transmission, storage, or presentation of any
information, data or material in violation of any Federal, State
or City law is prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be threatening or
obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless Ebirbals.com
and its employees from any claims resulting from the use of the
service which damages the subscriber or any other party. Our
acceptable use policy is actively and strictly enforced. Offending
content or users are suspended from our network, usually as soon
as they are discovered, although we will always inform you when
and why any action has been taken.
Pornography is
prohibited on all Ebirbals.com servers This includes sites that
include sexually explicit or hardcore images and/or advertising.
We do not have a problem with sites of an adult nature, but we do
not allow pornographic sites. If you think your site may violate
our Terms Of Service, please ask us before signing up for an
account so that we may determine if we can host your site.
Ebirbals.com reserves the right to determine what is and what
isn't acceptable for our servers.
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 occurred. In no event shall the
company be liable for any special or consequential damages, loss
or injury.
Illegality In any
form, including but not limited to the unauthorized distribution
or copying of copyrighted software or other data, harassment,
fraud, trafficking in obscene material. Undesirable Content
Certain types of content are not allowed on our network. We do not
host adult content of any description. Content relating to
Hacking, Cracking, Warez and IRC is not allowed. Software
downloads may only be hosted if you are the writer and copyright
owner of the software. Audio and video downloads will not be
hosted on our servers. There are no exceptions. Offending content
or users are suspended from our network, usually as soon as they
are discovered, although we will always inform you when and why
any action has been taken. Accounts suspended due to content or
AUP violation are not refunded under any circumstances.
COMMERCIAL ADVERTISING - EMAIL:
Our servers may not be the source, intermediary, or destination
address involved in the transmission of spam, flames, or mail
bombs. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. SPAM
/illegal content advertising sites on other servers which in turn
contain links to a domain on our servers is prohibited. We
consider spam any mass unsolicited message in the mediums of
Newsgroups and Email. If you are found to have spammed, then we
will immediately, without warning, disable your domain. We reserve
the right to refuse or cancel service to known spammers. Lastly,
we reserve the right to determine what violates this policy. As
such, any violation will result in immediate deactivation of
services without refund. Server Abuse: Any attempts to undermine
or cause harm to a server is strictly prohibited.
SECURITY:
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples include but are
not limited to the following: unauthorized access, use, probing,
or scanning of systems security or authentication measures, data,
or traffic; interference with service to any user, host, or
network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
SERVER
RESOURCES:*
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources)
will be given the option to either pay additional fees (which will
depend on the resources required), reduce the resources used to an
acceptable level, or upgrade its service to a Dedicated Server
plan. Ebirbals.com shall be the sole arbiter of what is considered
to be a high server usage level. Any web hosting account deemed to
be adversely affecting server performance or network integrity
will be shut down without prior notice.
CGI SCRIPTS:*
CGI script sharing with domains not hosted by Ebirbals.com is
not permitted. Any CGI-scripts deemed to be adversely affecting
server performance or network integrity will be shut down without
prior notice. If you are going To use CGI Please contact us
because use it.
Chat Rooms*
Ebirbals.com does not allow customers to install their own chat
rooms. Chat rooms tend to require significant system resources and
therefore cannot be permitted as an account option. However,
Ebirbals.com provides Java chat rooms that meet most users' needs
and run without hindering system performance. If you Going To use
Chat rooms Please contact us before use it.
Background
Running Programs and Cron Jobs*
Ebirbals.com may allow programs to run in the background. These
programs will be considered on an individual basis and customers
will incur extra charges based on system resources used and
operational maintenance needed. If you wish to run background
programs please contact Ebirbals.com at support@ebirbals.com so
that we can arrange set-up.
ICQ:
Ebirbals.com does not allow IRC or IRC bots to be operated on our
servers.
FREE WEB
HOSTING:*
We Do Not Allow To Offer Free Web Hosting On Our Reseller Plans.
ACCOUNT
CREATION LIMIT:*
such as, but not limited to Create Unlimited Domains But We Do Not
allow to create under 5MB Accounts. But You Can use 5MB Account
For own use ,But Not Allow To Resell.
FORM MAIL:
Due to known security issues with all versions of Matt Wright's
FORM MAIL form-to-e-mail script we do not allow it. We do provide a
version in the system wide Cgi-bin that works exactly the same and
doesn't have the security issues.
SERVER ABUSE:
Any attempts to undermine or cause harm to a Ebirbals.com server
or customer are strictly prohibited.
SOFTWARE
DISTRIBUTION:*
EBirbals shared web hosting accounts are not
configured for the purposes of distributing software and/or
multimedia products. If you wish to distribute software and/or
multimedia files, please contact sales@Ebirbals.com to make
special arrangements.
MULTIMEDIA
FILES:*
Multimedia files are defined as any graphics, audio, and video
files. Ebirbals.com shared web hosting accounts are not to be used
for the purposes of distributing and storing unusual amounts of
multimedia files. Any web site whose disk space usage for storing
multimedia files exceeds 70% of its total usage, in terms of total
size or number of files, will be considered to be using an unusual
amount of multimedia files.
DATABASES:*
Any database stored on our servers shall be
limited in size to 10% of the total disk space allotted for that
particular domain's plan/web hosting account.
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