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Terms and Conditions
By purchasing and/or using our web hosting/Phone Services services, you state that you
agree to the following terms:
Breaches of any of the following standard terms and conditions will result in the
immediate removal of your site(s) from our servers. Any such removal does not release you
from your other legal obligations and liabilities to Electronic Staff.
Once payment is received we will send you details of how to access your site. The pay
period starts from the day the hosting becomes active. We do not host sites which
contain adult or pornographic content, or those which contain links to such sites.
Similarly, sites which may encourage others to act illegally - or contain content that is
unlawful are prohibited. (As are any sites containing IRC bots). Of course, any site which
contains images or text which intentionally or unintentionally depicts or exploits minors
will NOT be tolerated and in every case, without exception, the legal authorities will be
contacted.
You MUST NOT run any other constant server processes on our servers. Any attempt to
gain unauthorized access to any system(s) or parts of said systems under our control is
strictly forbidden.
If you attempt to compromise our network security, we will immediately deny you further
service and list you in a database of questionable sites shared by other hosting
services...
You are permitted access only to the areas of our servers and systems to which we have
expressly granted you such access.
You are solely responsible for the content of your site. You agree to indemnify us
against any legal or financial liabilities howsoever incurred through your actions or use
of our systems or our publication of your content. While we endeavor to make our servers
available 100% of the time this can not be guaranteed. You also waive your rights to
pursue any current or future claims of any liability whatsoever against us on all possible
grounds including but not exclusively failures in service, loss of business, or any other
such unspecified claims. We also reserve the right to make additional charges for
excessive bandwidth usage - any excess usage charges will be notified to you before the
charge is made. If you exceed your web space allowance you will be notified by E-Mail and
given the choice of either paying for the extra space or deleting some of your files.
We have a zero-tolerance policy on spam, junk mail and similar newsgroup postings.
We do not provide an SMTP relay and you may not send unsolicited mail through our
servers in any other manner, nor send such mail that has a from or reply to address at a
domain that we host for you.
No statement, recommendation, description or warranty presented in any document other
than these terms and conditions, or made verbally or in writing or otherwise by any agents
or employees of Electronic Staff Hosting shall be construed to enlarge, vary or override
any of these terms and conditions or our product specification or the facilities and
services described collectively on the pages of this website that we may agree to provide
to you as a customer.
If payment is not received by the due date your site(s) will be suspended from that
time, if no payment is received within one week from that date and we have not resolved
the payment issue with you the site(s) will be deleted.
Once a site is deleted we will keep no data that was stored on our servers.
In regard to telephony:
Prohibition on Resale (unless authourized reseller)
If you have subscribed to Electronic Staff's telephony Services, the Service is provided
to you in accordance with our terms. This means that you are not to resell or transfer the
service to any other person or entity for any purpose, without express written
permission from Electronic Staff in advance. You agree that the Staff Services does not
infer the right to use the service for auto-dialing, continuous or extensive call
forwarding, telemarketing (including without limitation charitable or political
solicitation or polling), fax broadcasting or fax blasting. Electronic Staff reserves the
right to immediately terminate or modify the Service if it determines, in its sole
discretion, that the Service is being used for any of the aforementioned activities or any
other services we deem unfair or a breach of good-faith. However, Electronic Staff will
support the fair use of services to a reseller, as long as the reseller abides by this
TOS. In addition, and most imprtantly, this section of terms and conditions is in addition
to all "afore and after mentioned terms/conditions.
Use of Service by Customers Outside the United States
Electronic Staff supports use of the Telephony Service in The USA and Canada only.
While we are currently working on expanding our service, we reserve the right to
disconnect, without prior notice, any service outside our agreement zone. In addition, any
unlawful use of our service outside the set service zone is subject to the rules
regulations and laws governing international violation, whether fraudulent , civil or
criminal. Please note that while any of Electronic Staff's services can be used anywhere
in the world, the "toll-free" feature is for use only in the USA.
Electronic Staff is not responsible for any extra charges you may incur from your phone
company or other carrier. In addition, independent jobbers are responsible to list and
publish lawful terms of service at all times, in keeping with ethical and good business
practice.
NOTE: For the telephone feature to work, a working telephone and viable telephone
company connection are required. If you use the VVC (Virtual voice center) a computer with
an active internet connection is required. However, the internet connection is required
only if you wish to save and retrieve messages, and the lack of such a connection will not
prevent you from using the other available packaged features.
Billing
Electronic Staff accepts various forms of payment:
1- Credit card - Credit cards are the quickest way to activate or renew a
service. Electronic Staff accepts Visa, Mastercard and American Express. For your
protection, Electronic Staff uses a third party validation for all credit cards to ensure
that your identity and credit standing is protected and a safe transaction is enacted.
2- PAP -Pre Authorized Payments - Once you send a blank VOID check to
Electronic Staff we will initiate a regular monthly payment to be withdrawn directly from
your account, with no extra charges. This form of payment is a safe transaction, and is
dependable and secure.
3- Check - Electronic Staff will activate services when a check mailed to our
address is cleared - ie - validated through our bank. This may take 10 to 20 days,
depending on the origin of the check. In order to avoid service disruption, or to expedite
a new service, we recommend that payment by check be made 20 days in advance. Postal
money orders or Cashier's Checks are similarly validated, and require the same
time-frame to clear.
4-PayPal - To avoid unnecessary wait-times, we recommend that all Paypal payment
are made 7 to 10 days before account is to be activated or renewed.
5- Online Check - Electronic Staff will activate or renew services as soon as
online check is confirmed and validated.
6- Other forms of payment are not accepted, unless Electronic Staff provides a written
agreement beforehand - ie - a wire transfer for 6 months in a one-lump-sum payment - etc.
Please contact Electronic Staff in the event alternate payment is required.
Electronic Staff reserves the right to accept or refuse any payment, regardless of
form, whether credit card, check ect. As a community oriented business, Electronic
Staff will report any fraudulent payments or transactions, and will divulge such
information to local or state authorities.
Electronic Staff will only bill you for the Services and any excess charges which you
may incur.
If you have any questions about these Terms & Conditions (Such as the type of site you
want to host ) then please contact us before signing up for any of our services.
Electronic Staff or any of its hosting providers reserve the right to suspend/shut down
any site. In such circumstances, an authorized representative will contact the owner first
to discuss the issue. Electronic Staff Hosting acts only as a reseller of web space and
has no responsibility in the maintaining or the backup of the servers. You further agree
to indemnify, defend and hold harmless Electronic Staff, and its owners, directors,
officers, employees, and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related to, your web
hosting/Phone Services account.
If you decide to terminate your account prior to it's expiration or if any of the above
terms are violated, no refund, shall be given.
Mandatory Arbitration
Any dispute or claim between Customer and Electronic Staff arising out of or relating to
the Service or Device provided in connection with this Agreement shall be resolved by
arbitration before a single arbitrator administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules (or, for Customers
subscribing to service in Canada, a Canadian arbitration organization of Electronic Staffs
choosing). The arbitration shall take place in the State of Georgia and shall be conducted
in English. The arbitrator's decision shall follow the plain meaning of the relevant
documents, and shall be final and binding. Without limiting the foregoing, the parties
agree that no arbitrator has the authority to: (i) award relief in excess of what this
Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award
rendered by the arbitrators may be entered in any court having jurisdiction thereof. All
claims shall be arbitrated individually and Customer will not bring, or join any class
action of any kind in court or in arbitration or seek to consolidate or bring previously
consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION
CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
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