Terms & Conditions of Service
- "Push Button Hosting" means eShowcase Inc trading as Push Button Hosting whose registered office is 10785 W Twain Avenue, Ste 102, Las Vegas, Nevada, USA.
- "The Customer" means the person or company who is receiving products or services from Push Button Hosting either during a one off free trial or by purchasing said products or services
- "Agreement" means this Agreement between Push Button Hosting and the Customer
- "Bandwidth" means the allocated transmission capacity specified in this Agreement
- "Charges" means those charges set out in this Agreement
- "Server" means the computer equipment operated by Push Button Hosting in connection with the provision of the Services
- "Service" or "Services" means the service or services respectively set out in this agreement
- "Web site" means the area on the Server allocated by Push Button Hosting for The Customer's use as a site on the Internet
Terms and Conditions
- Push Button Hosting provides Internet access and use of server space for email accounts and for hosting of web and WAP sites.
- Accounts are to be used only by the customer.
Account holders must not resell or give away web / WAP space or email accounts to other parties, other than the acceptance of advertisements. All web and WAP space and email accounts must remain in total control of the account holder.
- Push Button Hosting reserve the right to suspend, restrict or terminate any customers account where the customer is in breach of this Agreement. We will not be liable for any damages or harm to The Customer resulting from such restriction or termination.
- Use of the Services indicates acceptance of the Agreement by The Customer.
- The Customer is responsible for the actions of any third-party to whom they allow access to the Service
- Push Button Hosting prohibits the use of its servers for:
- Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the copyright holder, or any other material in violation of US, European and UK Law
- Adult material, such as pornography, erotic images or otherwise lewd or obscene content
- Racist, defamatory, obscene, indecent or other unlawful material
- 'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
- Engaging in illegal activities
- Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
- Push Button Hosting reserves the right to determine whether any material or use is prohibited.
- Push Button Hosting reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
- Push Button Hosting will use our best efforts to maintain, but do not guarantee, the privacy of email, network use, and the contents of user directories.
- Any use which interferes with the server's ability to function in its primary purpose of publishing web documents is prohibited.
- Mail abuse (including, but not limited to, mass mailing unsolicited email and email forgery) and usenet news abuse (including, but not limited to, mass cross-posting articles and posting unrelated to group topics), whether direct or indirect, whether used externally to promote a site hosted on the Server or sent via the Server, is prohibited.
- Use of the Services to provide software or lists for mass mailing unsolicited email is prohibited.
- Use of the Services to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, " teardrop", "winnuke", "land", "smurf", etc.) or otherwise compromise the security of hosts or networks is prohibited.
- The Customer agrees that they shall defend, indemnify, save and hold Push Button Hosting harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by The Customer, it's agents, employees or assigns.
- The Customer agrees to defend, indemnify and hold Push Button Hosting harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.
- If we are informed of an alleged copyright or trademark infringement involving a Client's Services, we will attempt to notify The Customer of those allegations and secure a response. We may, in our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.
- Abuse of Unlimited Traffic and/or Unlimited Storage
Our customers are privileged to be offered generously metered traffic and/or unlimited storage for their web sites. The intention is to provide a large space to serve web documents, not an offsite storage area for electronic files. The majority (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management. Any customer who violates our Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, The Customer will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
- Sites with Banners, graphics or cgi scripts running from their domain used on other domains
- Sites with picture galleries (This is any site where 50% of the files transferred is graphics)Sites offering download files or archives. (This is any site where more than 50% of the monthly traffic is from file downloads)
- Sites using more than 30% of system resources, included but not limited to CPU and memory
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 2GB per month. Thereafter, extra data transfer cost of $14.95/1GB/month will be billed to your account.
We will be the sole arbiter as to what constitutes a violation of this provision
- Accounts will be invoiced on a monthly basis. Payment is due upon receipt of each invoice. Overdue accounts may be terminated or suspended at the discretion of Push Button Hosting.
- We may terminate Services to The Customer at any time, giving 28 days notice of the termination date. A refund covering any remaining period of paid-up hosting charges will be made. We will not be held responsible for any other charges directly, indirectly or otherwise due as a result of suspension of Services.
- Should The Customer become the target of a network attack, we reserve the right to take any necessary actions (including, but not limited to, temporary suspension of The Customer's account) required to return server or network operation to normal.
- Use of the Services, including the storage of information, is at The Customer's sole risk. We will endeavour to provide safe secure backup services for all stored information, but this is not a guarantee, and The Customer should insure themselves against any such loss.
- We may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the Services, generally without notice. We undertake to use reasonable endeavours to inform Clients of future Service changes and/or downtime and to restore Services as soon as practical after any such suspension. Necessary suspension of Services does not indemnify refunds under the loss of Services provision above.
- We may vary the technical specification of Service for operational reasons.
- The Customer may terminate their account at any time. The request to terminate the account must be in writing. The account holder may send their cancellation request via:
- an email message to firstname.lastname@example.org,
- by post, please send mail to; eShowcase Inc., trading as Push Button Hosting, 10785 W Twain Avenue, Las Vegas, Nevada, 89135 USA.
- Push Button Hosting reserves the right to amend and/or change these Terms and Conditions without notice.