Terms & Conditions

Eversible Internet Solutions (hereinafter referred as "Eversible"), provides services to clients all around the world, and has the responsibility to protect each client as well as provide them with the best services available. The following guidelines were designed to insure these services.

Quick Reference

Read the entire Acceptable Use Policy (AUP).  The links below are for quick reference only.

Content:

All services provided by Eversible 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 we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Eversible or it's affiliates from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any Eversible servers and shell accounts. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Eversible servers, services, or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:

• Pirated software
• "Illegal MP3's"
• Hackers programs or archives
• Warez Sites
• Child Pornography

Eversible will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:

Eversible is pleased to offer our Web Hosting clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. Bandwidth exceeding the allotted purchased amount for both Web Hosting and Dedicated Servers, will be an extra charge of $5.00 per GB rounded to the next GB.

To maintain the integrity of our service the following traffic/usage limitations apply to Web Hosting accounts.

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .ra and .gz.
• Sites running large chat room gatherings.
• Sites using more than 20% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Eversible may move your site to a different server, to reduce the load on the server you are currently residing. Eversible will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time Eversible may move your site to a different server, to reduce the load on the server you are currently residing.

Chat Rooms:

Eversible does allow Web Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based java chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs:

Eversible may allow Web Hosting client's programs to run continually in the background, these are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

Cron Jobs:

Eversible does allow Cron Jobs to be conducted on our Hosting servers.

IRC:

Eversible offers excellent Shell Services for our clients. Currently Eversible does not allow any IRC processes or IRC bots to be operated on any web hosting, dedicated, or colocation services. For more information about our Shell Services, please visit our Unix Shells web page.

Shell Service:

The following example types of processes (or any related processes) are not permitted on our Unix Shell accounts:

• emech
• xdcc or fserv
• gaming server
• ShoutCast
• OpenNap
• IRCd

Users are forbidden from using their accounts with Eversible or affiliate networks for any activity that may be considered illegal. This is at the discretion of Eversible and/or law enforcement and is not limited to the examples listed in our Terms & Conditions.

• Background Process with Shell Service:
  

The number of background process indicates the number of server connections.  This policy is to prevent abuse on Shell purchases with customers using multi-server connection software such as psybnc, etc... Violation of this policy is at the discretion of Eversible.  Repeat violations will result in account suspension.

Idle Timeouts:

Eversible may disconnect any idle connection to the network.
Example of average timeouts:
FTP - 900 seconds · SSH / Telnet - 1 hour 

Commercial Advertising - Spamming:

Spamming, or the sending of unsolicited email or mass mailings/postings, from a Eversible server or using an email address that is maintained on a Eversible machine is strictly prohibited. This includes using our Services to transmit any unsolicited commercial email, unsolicited bulk emails, or mass mailings/postings. Activities that facilitate the execution (including but not limited to mailboxes, autoresponders, and web pages) of unsolicited commercial email, unsolicited bulk email, or mass mailings/postings, whether or not that it is commercial in nature, are prohibited and will cause your services to be terminated immediately without warning. You will be held legally responsible for the damages to Eversible and/or it's affiliates, both monetary and in reputation.

If you are a reseller or dedicated server customer, you are responsible for the actions of your users. If a customer on your reseller account or dedicated server engages in the above activities, your account and/or server services will be terminated without warning. Eversible will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:

Any attempts to undermine or cause harm to a Eversible server or customer of Eversible is strictly prohibited. Eversible will pursue legal action to the fullest extent for all abuse of the Eversible Services.

Suspension/De-Activation:

If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Eversible reserves the right to remove any account without prior notice. If Eversible deactivates your account(s) for violating policy, you will forfeit your rights to a refund and none will be given. No refunds for advance payments on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

Contracts/Termination Notices:

You are not tied to any contracts unless you choose to sign up for our long-term or discounted services which could require either a 3, 6, or 12 month contract for it to apply. All cancellations made by you of any Eversible service or account will require a 30 days notice of termination. An early cancellation fee will apply to any contract services terminated before the end of contract, and is calculated at one month's fee plus 50% buy out of the remaining contract.

Payments:

To prevent fraudulent charges and any charge-back costs, we will require Proof of Identity from new customers faxed to 1-866-836-9593 before activating your service.  Exceptions may include, but not limited to, referrals from current customers with an active account in good-standing with Eversible.

Acceptable identification include:

• PayPal transactions - valid driver's license, state/province/student ID card, passport, or current lease, utility bill, home or vehicle insurance policy which contains your name and address.
• Non-PayPal Visa/MasterCard transactions - a copy of your Credit Card (front and back) will be required.

Once your identity is confirmed, your service will be activated immediately. Failure to provide Proof of Identity will result in a subscription cancellation.

Furthermore, you authorize Eversible to charge the credit card/paypal account provided by you prior to activation of the Service for the amount of the fees that apply to the Service you order. You further authorize Eversible to charge your credit card/paypal account for all subsequent periodic service fees prior to the commencement of the renewal period for such Service. If you fail to provide authorization to pay for any services you order or should your credit card provider or paypal account refuse to authorize any transaction, Eversible may, at its sole discretion, immediately suspend your account and/or terminate your Service without advance notice to you. If Eversible does not receive payment from your credit card issuer or paypal account, you agree to pay Eversible all amounts due upon demand. You agree to pay Eversible's collection costs, including reasonable attorneys fees, if Eversible is required to take action to collect amounts that you fail to pay when due.

Refunds:

Except where otherwise stated, ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. Eversible and its subsidiaries and affiliates reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you.

No Warranty - Risk Allocation:

THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

You agree to indemnify Eversible and its affiliates and hold them harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the Service in a way that is prohibited or restricted under this Agreement; (ii) infringement of any copyright, trademark, patent or intellectual or proprietary property right by any material you post or use on your website; (iii) any breach by you of this Agreement; and/or (iv) any indecent, obscene, or libelous material posted on your website.

Eversible has no control over information contained on the Internet and accepts no responsibility for any information which you may receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you place on your hosted website or obtain from the Internet.

UNDER NO CIRCUMSTANCES WILL EVERSIBLE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY ACTION OR INACTION, EVEN IF EVERSIBLE OR ITS AFFILIATES BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Eversible person and/or its affiliates shall be liable to you, any of your customers, any Reseller Customer or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, alleged inadequacy of customer support, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.

THE USE OF OUR SYSTEM(S) AND/OR NETWORK(S) IS YOUR EXPRESS CONSENT AND AGREEMENT TO ALL OUR TERMS, POLICIES, RULES, AND CONDITIONS.

Eversible reserves the right to modify any of these Terms, Policies, Rules, and/or Conditions without prior notice. Eversible has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. Your continued use of Eversible following these changes will constitute your acceptance of them. If any material modifications to the Terms, Policies, Rules, or Conditionns are unacceptable to you, you may terminate your service or account as indicated under the "Contracts/Termination Notices" section of this policy.