PLEASE READ THE FOLLOWING TERMS OF SERVICES CAREFULLY BEFORE USING
Our services. YOUR USE OF our services YOUR ACCEPTANCE OF THESE
TERMS OF SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF
SERVICE, YOU MAY NOT USE THE SERVICES PROVIDED BY Eden Production If you do not agree, you may not use the Services.
It is your responsibility to review these Terms from time to time
so you will be apprised of any change.
In order to use certain Services you agree to: (a) provide true,
accurate, current and complete information about yourself or your
company as prompted by the applicable registration form(s) and (b)
maintain and promptly update the information. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or Eden Production has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Eden Production has the right to refuse any and
all current or future use of the Services (or any portion thereof)
by you.
RULES FOR AND LIMITATIONS ON USE OF THE
SERVICES
This represents the Eden Production Acceptable
Use Policy in its entirety and supercedes any other written or oral
policy. This policy defines the terms and conditions all customers
agree to when they sign-up for hosting services with Eden Production. Eden Production reserves the exclusive
right to revise, change or amend any portion of this Policy at any
time, without advance notice to customers.
Customers using any services offered by Eden Production to be bound by and must comply with all policies in this
agreement. At the sole discretion of Eden Production.
any violators of this agreement may have their services cancelled
without refund and/or, if deemed appropriate, be legally prosecuted.
INTERPRETATION
The provisions of this Policy are intended as guidelines and not
meant to be exhaustive. In general, any conduct that violates any
laws, regulations, or any of the accepted norms of the Internet
community, whether or not expressly mentioned in this Policy, is
prohibited. by Eden Production reserves the exclusive
right at any and all times to prohibit activities that any in way
damage its commercial reputation and goodwill.
NETWORK SECURITY
Activities strictly prohibited:
· Tampering with other accounts,
or committing unauthorized intrusions into any part of Eden Production or related systems, or use of any servers,
files, accounts, or networks to intrude without authorization into
any other system or systems is strictly prohibited.
· Using accounts not provided
or intended for use by Customer, or circumventing security provisions
in order to access services without incurring charges.
· Using the system in a
manner that unfairly encumbers disk space, processors or other system
resources beyond those provided as part of the service or services
purchased.
· Making deliberate attempts
to interfere with a service, overload a service or attempt to disable
a host.
GENERAL
All customers agree to abide by the following general provisions:
1. All web marketing services provided
to the Customer by Eden Production may only be
used for lawful purposes. Transmission, distribution or storage
of any material in violation of any applicable law or regulation
is prohibited. This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual property
right used without proper authorization, and material that is obscene,
defamatory, constitutes an illegal threat, or violates export control
laws.
2. Eden Production
reserves the right, at its sole discretion, to deactivate the Customer's
account(s) upon an indication of credit problems, including delinquent
payments, and if portions of this agreement are, at the discretion
of Eden Production. being violated in any way.
3. All services provided by Eden Production are provided on an "as is" basis.
Eden Production gives absolutely no warranty, expressed
or implied, for any service(s) provided, including, without limitation,
warranty of merchantability and warranty of fitness for a particular
purpose. This expressly includes any reimbursement for losses of
income due to disruption of service by Eden Production
or its providers that exceed the fees paid by the Customer.
4. Customer acknowledges that Eden Production is not responsible for any damages arising
from the Customer's use of any service(s) provided by Eden Production or Customer's inability to use any service(s)
for any reason.
5. Customer is solely responsible
for backing up their content and or any files that reside on Eden Production. managed and/or owned servers. Eden Production is not responsible in anyway for the content
a customer hosts on Eden Production. servers, or
for the reliability of the transmission of data across or through
the Eden Production network.
6. Customer hereby agrees that
any material submitted for publication on Eden Production managed and/or owned servers will not contain anything
leading to an abusive or unethical use of the hosting service. Abusive
and unethical materials and used include, but are not limited to
pornography, obscenity, nudity, violations of privacy, computer
viruses, and any defamatory, harassing and harmful materials or
uses. Customer hereby agrees to indemnify and hold harmless Eden Production, its directors, officers and employees from
any claim resulting from your publication of materials or your use
of those materials. Eden Production. at its sole
discretion, may or may not give notice before deactivating the use
of any account(s) that are determined to violate this agreement
in anyway.
7. Due to the public nature of
the Internet, all information should be considered generally accessible
to the public and important or private information should be treated
carefully. Eden Production is not liable for protection
or privacy of electronic mail or other information transferred through
the Internet or any other network Eden Production
or its customers may utilize.
8. Eden Production
maintains exclusive control and ownership of any and all I.P. Numbers
and addresses that may be assigned to Customer and reserves in its
sole discretion the right to change or remove any and all I.P. numbers
and addresses.
9. Use of any information obtained
via Eden Production is at your own risk. Eden Production specifically denies any responsibility for
the accuracy or quality of information obtained through its services.
10. Use of other organizations'
networks or computing resources is subject to their respective permission
and usage policies.
11. If Eden Production cancels Customer's account for any reason, Customer agrees
not to reregister without Eden Production written
consent. In the event Customer reregisters without Eden Production prior written consent,Eden Production
will cancel Customer 's account and all dues and fees paid to date
will be forfeited regardless of whether service has been rendered.
Additionally, any amounts owed in arrears will be made due and payable
immediately.
12. Eden Production
requires that Customer is qualified to enter a legal contract. Eden Production cannot accept payments from persons who are
not at least eighteen (18) years of age. Customer will be held responsible
for keeping all billing data for Eden Production
accurate and up to date. False data supplied for the contract between
Eden Production and Customer will be grounds for
account termination.
13. The Customer agrees to defend,
hold harmless, and expeditiously indemnify Eden Production from any and all liability, claim, loss, damage or expense
arising out of Customer's breach or violation of any covenant contained
in this Policy, or resulting from the Customer's use of the service.
14. Customer agrees to waive and
hold Eden Production harmless from any claims relating
to any action taken by Eden Production as part
of an investigation into a suspected violation of this Policy or
as a result of its conclusion that a violation of this Policy has
occurred. Therefore, Customer cannot sue or recover any damages
whatsoever from Eden Production as a result of
the decision to remove material from its server, or to suspend or
terminate a Customer 's account.
15. Eden Production
reserves the right to kill off CPU or any other resource intensive
process, including but not limited to bandwidth, disk usage, etc.
16. Eden Production
has a strong corporate policy to respect and protect the privacy
of its customers and their information that is stored on Eden
Production. Hosting Services. Eden Production will only
access and disclose information as necessary to comply with applicable
laws and government requests, to provide Eden Production
Services, to operate or maintain its systems or to protect itself
or its customers.
POLICY ENFORCEMENT
When Eden Production becomes aware of any alleged
violation of this agreement, Eden Production will
immediately initiate an investigation. Eden Production.
may at its own discretion anytime during an investigation, restrict
a Customer's access in order to prevent any further possible unauthorized
activity. Depending on the severity of the violation, Eden Production may, at its sole discretion, restrict, suspend,
or terminate a Customer's account and/or pursue other legal remedies.
If such violation is a criminal offense, Eden Production will promptly notify the appropriate law enforcement department
of such violation.
Notwithstanding the above Eden Production reserves
the sole and exclusive right to terminate any service to any customer
at anytime. Any fees that have been paid in advance of cancellation
will be pro-rated and paid to customer if cancellation is initiated
without cause by Eden Production. If cancellation
of service is a result of a violation of this agreement that causes
Eden Production to incur any additional costs (i.e.
network traffiUnlimitedc, disk space, licensing charges, etc
),
customer acknowledges their responsibility to reimburse Eden Production from fees paid in advance and/or future billing.
The Information We Collect
Eden Production may collect personally identifiable
information from Users in a variety of ways, including through online
forms for ordering products and services, and other instances where
Users are invited to volunteer such information. Eden Production may also collect information about how Users use
our Web site, for example, by tracking the number of unique views
received by the pages of the Web site or the domains from which
Users originate. We may use "cookies" to track how Users
use our Web site. A cookie is a piece of software that a Web server
can store on the Users' PC and use to identify the User should they
visit the Web site again. While not all of the information that
we collect from Users is personally identifiable, it may be associated
with personally identifiable information that Users provide us through
our Web site.
How We Use Information
Eden Production may use personally identifiable
information collected through our Web site to contact Users regarding
products and services offered by Eden Production
and its trusted affiliates, independent contractors and business
partners, and otherwise to enhance Users' experience with Eden Production and such affiliates, independent contractors
and business partners. Eden Production may also
use information collected through our Web site for research regarding
the effectiveness of the Web site and the marketing, advertising
and sales efforts of Eden Production, its trusted
affiliates, independent contractors and business partners.
Disclosure of Information
Eden Production may disclose information collected
from Users to trusted affiliates, independent contractors and business
partners who will use the information for the purposes outlined
above. We may also disclose aggregate, anonymous data based on information
collected from Users to investors and potential partners. Finally,
we may transfer information collected from Users in connection with
a sale of Eden Production's business.
REFUND POLICY
The Services are based on a fee paid via the Customer's credit card.
Eden Production does not issue credits or refunds
in the event of a change in services requested or cancellations.
The cost to track and issue credits or refunds would be relatively
high and the benefit would be relatively low considering the nominal
monthly fees. However, for ongoing services customer, Eden Production, will refund the unused portion of the service
with 30 days written cancellation note send by customer to: Eden Production. Please contact Eden Production
us for more details. |