Please note: Your USERNAME and PASSWORD for your eBookWholesaler Free Hosting account MUST be the same as your eBookWholesaler Membership USERNAME and PASSWORD

The eBookWholesaler Free Hosting Fair Go Policy
(Terms, Conditions & Disclaimer)

eBookWholesaler will act at all times to maintain its reputation for fair dealing with all parties that act in good faith.

eBookWholesaler provides this hosting privilege subject to the following conditions and guidelines so they can provide the best possible service and resources to all Members who are approved to use the service.

eBookWholesaler is the sole arbiter of whether these guidelines are met or not.

eBookWholesaler reserve the right to limit, refuse or withdraw this offer from anyone at any time and entirely at its sole discretion.

eBookWholesaler offers this special privilege of free hosting for Members who maintain their Membership for 12 or more consecutive months.

Members who have not achieved a continuous 12 months with their current Membership may be offered this service at a subsidised fee.

The fees are subject to change.

Access to this service will cease immediately if the account holder ceases their eBookWholesaler Membership for any reason.

All users of this service must respect the fairly generous limits we set for bandwidth and other resources so that we can provide all qualified Members with the reliable, quality service that they deserve.

All users must accept full responsibility for any charges that are incurred for exceeding the specified limits of their eBookWholesaler Free Hosting account.

CONTENT:

eBookWholesaler Free Hosting may only be used for lawful purposes.

Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or local law or regulation 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 or other statute.

Each subscriber agrees to indemnify and hold harmless eBookWholesaler, its employees and associated businesses from any claims that result from the use of the service in any way which might have a negative effect on the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all eBookWholesaler Free Hosting servers. This includes sites that may infer or display sexual content, or have links to adult content elsewhere.

Sites that promote any illegal activity or have content that may damage eBookWholesaler Free Hosting servers or any other server on the Internet are prohibited.

Sites that promote any activity or have content that may damage the reputation of eBookWholesaler or any other person or entity is also prohibited. Links to such materials are also prohibited.

eBookWholesaler reserves the right to remove such material from its servers immediately.

Examples of unacceptable content or links:

- Pirated software
- Hacker programs or archives
- Warez sites

Commercial Advertising - Email:

Spamming or the sending of ANY unsolicited email from any one of our servers or using an email address or domain that is maintained on an eBookWholesaler Free Hosting machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. eBookWholesaler will be the sole arbitrator as to what constitutes a violation of this provision.

eBookWholesaler Free Hosting reserves the right to charge up to $500.00 per spam complaint to cover administrative and email clean up costs and the subscriber accepts liability for all penalties. These charges reflect the estimated costs that eBookWholesaler could face if we were found not to set and enforce firm policies against these activities.

eBookWholesaler could face significantly greater penalties, both financial and to its reputation, if we were found not to have firm policies against these activities in place.

eBookWholesaler will act at all times to maintain its reputation for fair dealing with all parties that act in good faith.

Background Running Programs:

Any programs that you want to run continually in the background may be allowed,  but prior written permission must be obtained from us. These are considered individually. An extra charge may be levied for system resources used and any extra operational maintenance needed.

TECHNICAL SUPPORT:

eBookWholesaler Free Hosting does not provide technical support or respond to emails about services and/or products that we do not provide such as, but not limited to, all 3rd party software, Java, CGI scripts, Real Audio/Video, applications you use to develop your web site including HTML editors, MySQL, Telnet, FTP and Email Clients.

SERVER ABUSE:

Any attempt to undermine or cause harm to a server or customer of eBookWholesaler Free Hosting is strictly prohibited.

Failure to follow any term or condition will be grounds for immediate deactivation of the account without prior notice.

Violations of this Acceptable Uses Policy should be referred to abuse@eBookWholesaler.net. All complaints will be investigated promptly.

REFUSAL OF SERVICE:

We reserve the right to refuse, cancel, or suspend any service at our sole discretion.

LIMITATION OF LIABILITY:

eBookWholesaler, its partners, subcontractors and employees shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from eBookWholesaler Free Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, eBookWholesaler shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from any of eBookWholesaler Free Hosting servers.

DISCLAIMER:

eBookWholesaler cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any estimated loss of profits which a client would have gained if their site was functioning. Certain services provided or used by eBookWholesaler, including some equipment, routing, software, and programming are not directly owned or produced by eBookWholesaler. eBookWholesaler does not have any liability for their use or malfunction. 

eBookWholesaler holds no responsibility for the use of our client's accounts.

If any terms or conditions are not followed, the account in question may be automatically deactivated without prior notice.

ACCOUNT ACTIVATION:

By activating your account with eBookWholesaler, you agree to the above policies and disclaimer. Details of the information that you supplied when setting up your account are forwarded with your activation request and should be retained with your eBookWholesaler account information.

NOTICE:

If you sign up for an account and do not follow our terms, your account may be de-activated without notice at our sole discretion.

The Member who opens the account must accept full liability for ANY mis-use of their account and indemnify eBookWholesaler Free Hosting, associated businesses and employees against any liability.

We will use our best endeavours to notify you by email or phone before any action is taken so that you can resolve the matter.

ACCOUNT CANCELLATION:

You can cancel your Free Hosting account at any time. If you cancel your account (by sending an email to support@eBookWholesaler.net requesting cancellation and including your domain name and password) eBookWholesaler will ask you to confirm cancellation.

SET-UP:

All accounts are set up automatically and a confirmation email is sent that should arrive within 30 minutes at the email address specified in your sign-up form.

TRAFFIC and STORAGE POLICIES

eBookWholesaler allocates a set amount of storage and bandwidth per account holder. If any customer exceeds or is about to exceed the allocated amount of storage or traffic for their free service, eBookWholesaler will send a courtesy notice to that customer with further options and/or pricing. The customer must accept responsibility for such excess usage.

HIGH RESOURCE POLICY

Any site that is deemed by eBookWholesaler to be impairing the performance of our servers either by high disk utilization, high bandwidth usage, or high CPU usage will be entered into our "High Resource Customer" program. High Resource sites are sites that use more system resources such as bandwidth, storage or CPU utilization than is allocated to the Free Account.

eBookWholesaler will decide at its sole discretion which sites are "High Resource" sites. Sites that have been deemed to be a "High Resource" site will be subject to the following:

eBookWholesaler will charge your credit card on file $250.00 as a security deposit for each occurrence that invokes our High Resource Policy or violates of any of our rules. If the abuse in question has been deemed fixed within 30 days, we may issue a refund to the credit card the total amount of the security deposit at our sole discretion. If the problem is not fixed within the set amount of days outlined in the Notice sent to the client by email, a $300 additional fee will be added to the user's current month's account and to each subsequent month's account until the abuse is corrected.

"WHAT IS "using excessive system resources"?"

Any site whose programs, including CGI programs use excessive system resources that may result in substantial degradation of server performance in eBookWholesaler's opinion, will incur automatic charges for the extra system resources. These charges will be payable immediately and are not refundable.

eBookWholesaler is the sole determinant of what charges will apply in every instance.

CHANGE OF THE TERMS AND CONDITIONS

eBookWholesaler retains the right to change any or all of the above Terms, Conditions and Disclaimer without notification.


 

Copyright © 2001 -2004 by eBookWholesaler™ All Rights Reserved.
eBookWholesaler™ is a Division of Hitech United Australia Pty. Ltd. 
a registered company incorporating in Melbourne Victoria Australia (A.C.N. 073 181 441).
378-380 Johnston Street, Abbotsford, Victoria 3067, Melbourne  Australia 
Telephone: (613)94173368   Facsimile: (613)94173360