Terms, Conditions and Agreement
The phrases: "Terms and Agreement" or "Terms, Conditions and Agreement" or "Acceptable Use Policy" or "Guidelines" are one and the same. This agreement will govern your purchase and use of any EayOK Online Services (collectively called "Plan (s)", your account will also be referred to as your "Plan(s)") as described in the Order Form, ordered by you and accepted by EayOK E-Mail and Web Hosting Services (also known as EayOK Online ) and explains the terms and conditions that apply to your purchase and the use of the Plan (s). It is required that you register and accept this terms and conditions in order to use the Plan (s). By clicking the checkbox next to the text that reads "I have read, understood and accept the EayOK Online's Terms and Conditions" (also known as Acceptance Checkbox) you acknowledge that you have read this agreement and agree to be bound by the terms and conditions contained on this document as well as all policies and guidelines incorporated by reference. You agree that the act of submitting your order form online is equivalent to your signature. You agree that all the information you submit online is true and correct to the best of your knowledge.

1. Acceptable Use for E-Mail and/or Hosting Plan: Use your common sense as a guide to acceptable use of EayOK services and our servers. You should carefully read this entire document as by paying for any of EayOK Services, you will be bound by these Guidelines and any modifications made to said documents. EayOK reserves the right to terminate your Subscription (s) without prior notice if you, in any way, should violate any part of the Terms/Guidelines set on any page in eayok.com, or this Agreement.

   Unacceptable Use for E-Mail and/or Hosting Plan: You shall not use the email and/or hosting plan in any way that violates U.S State Laws, Federal Laws and U.S. export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.

   Unacceptable Use and Content for E-Mail and/or Hosting Plan: You are NOT allowed any of the following content to be stored on its servers: Spam, Illegal Material - Includes copyrighted works, non copyrighted works, commercial audio, warez, video, or music files, audio streaming, "file dumping" and any material in violation of any Federal, State or Local regulation.
    

   1. E-Mail Spam and Sending Overuse: you will not use our servers to tie them down by sending numerous emails from our servers such a solicitation for purchase or email capture, chain letters, Ad solicitation or anything to do with MASS emailing. Sending any emails that eats our server bandwidth will constitute extra payment that we will email you or you will forfeit your space from our services, be it an email plan or hosting.
   2. "file dumping"
      The posting of files for download or storing of files for distribution commercial or non commercial.
       
   3. Chat scripts or Irc bots, spamming activities and message boards.
       
   4. Any Audio or Video Files that violate copyright laws.
       
   5. Any content that is considered to be offensive. This includes but is not limited to pornography and sex-related merchandising.
      Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of EayOK Hosting & More.
       
   6. CGI based Forums/BBS
       
   7. Software downloads (unless created by the client) or Unacceptable Content in your emails and hosting.
      
      Also prohibited are sites that promote any illegal activity, present content that may be damaging to Eayok Services on the servers or any other server on the internet and content that causes harm to individuals. Links to such materials are also prohibited.
      
      Examples of unacceptable content or links:
      - any types of CODES or content that does not make sense
      - Pirated software
      - Hacker programs or archives
      - Warez sites
      Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

    

2. Disagreement. If you do not agree to the terms of this document, or any of EayOK policies or guidelines, do not PAY for any of our EayOK Services. If you pay for EayOK Services and we find out that you are not abiding, your account will be immediately terminated.
3. Modification Agreement. EayOK reserves the right to change or modify any of the terms and conditions contained on this document and any policy or guideline incorporated by reference or by any webpage in EayOK Services at any time. From time to time it is at EayOK reserves, in it's sole discretion, the right to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting to EayOK website. EayOK will only post a notice of any revisions or changes to this document for thirty 30 days of  EayOK Master's website. EayOK may change or modify ANY policies or guidelines without notice to you. Your continued use of EayOK Services will be the reflection of your cooperation and acceptance of any changes or modifications.
4. Term. (i) 30 Days Terms - This agreement will be for the "term" of 30 days, beginning from the moment you Subscribe. (ii) 12 or 24 Months Terms - This agreement will be for the "term" of twelve (12) or twenty-four (24) months, beginning from the moment you subscribe. This agreement and your subscription will be automatically renewed at the expiration of the term unless you followed the instructions described in the Termination Policy below. This term of 30 days means that if you terminate your plan before 30 days is over, we will stop billing you. It does not mean that you have 30 days to get a refund (see #8 below for refund policy)
5. Payment. All charges for your Subscription/Plan (s) must be paid in advance according to the most current price of the Subscription. Upon the registration info we receive from our merchant, you must pay for your Subscription by credit card or personal check through the merchant we provide. Upon paying for your Subscription/Plan (s), you thereby grant permission to EayOK to charge any fees in accordance with your Subscription/Plan (s).
6. Charges. You will be charged additional nonrefundable fees in the event that you used excessive services including, without limitation, additional bandwidth, file transfer in excess of Plan (s) limits, or megabytes space. You agree to pay for any and all charges that may coincide with the usage of your Plan (s) at the then current EayOK prices, which shall be subject to any applicable taxes. You are responsible for the payment of all taxes of any nature including, without limitations, federal, state and local sales, use, value added, excise and duty taxes irrespective of which party may be responsible for collecting or reporting such taxes.
7. Lateness. If your payment is received late, you may be responsible for paying a late charge of $10 per delayed payment per month, per account. Your Plan (s) may remain suspended until payment is received by EayOK from you. If your Plan (s) is left unpaid for 60 days, your Plan (s) may be terminated. A termination under this condition, or any other, will not relieve you from paying any past due fees plus interest that have accrued prior to the termination. In the event of collection enforcement, you will be liable for any costs, including, without limitation, attorneys' fees, court costs, and collection agency fees. Any Plan (s) terminated or suspended will result in requirement of a reconnection fee in the amount of $35.
8. Money Back Guarantee. All Subscriptions/Plan(s) do not have a money back refund on the "Setup Fee" as the cost to setup/remove the service on the server outweighs the cost of the Subscription plan.
   You have a 15 day guarantee that your account has been setup and working on our servers according to server verification that your account has been setup in an email that we sent you. It's up to you to setup your emails whether your Plan says to contact us to do this or your Plan is with a Control Panel where you setup the rest of your emails and/or hosting.
   You may terminate this agreement within the first 15 days from your initial order date, and receive a refund for the agreed upon monthly Plan (s) fee and shall exclude, without limitation, the refund of any or all setup fees, software purchases, software registration on this site or promotional discounts, etc... To receive the refund as described, you must terminate your Plan (s) in the manner described in the Termination Instructions below and discontinue your uses of the Plan (s), and EayOK must receive this notice within the first 10 day period of your Plan (s). You also agree to provide EayOK with a description of why you are not satisfied with EayOK 's Plan (s).
   All Software Purchases or Software Registration do not have any refunds.
9. Software. You may purchase the software on this site and abide to each company's own rules that are usually displayed in a TEXT file (.txt) or README if it's included in the download. EayOK is not a software company, has nothing to do with the development of that software and we are not responsible for that software nor obligated to you for that software. You must register to use the software on this site and also abide to our (EayOK) rules as displayed on the software pages and in your software downloads. People who buy the software from this site do not have to register with EayOK if you don't want access to all the software.
10. Plan (s) Usage. The Acceptable Use Guidelines (also called Guidelines), provided on service description pages, dictate the general policies and procedures for the use of the Plan (s). EayOK 's Online Privacy Statement informs the customer of how EayOK will collect, store, process and use the information associated with the use of your Plan (s). EayOK 's Privacy Policy is located on EayOK 's website and may be updated at any time. You should carefully read the Guidelines, as by registering for email and/or hosting you will be bound by the Guidelines and any modifications made to said document. EayOK reserves the right to terminate your E-mail and/or Hosting Plan (s) without prior notice if you, in any way, should violate any part of the Guidelines or this Agreement.
11. Content Requirement. Use of the Plan (s) requires a certain amount of knowledge in the use of Internet Programming Languages, protocols and software, etc... This knowledge will vary depending on the usage and content level of your website. You or your webmaster must have the knowledge necessary to maintain your website, as it is not EayOK r's responsibility to advise, teach, supply or provide any such knowledge or customer support outside of the Plan (s) agreed to you by EayOK .
12. Usage of allotted Resources. You agree that the use of the Plan (s) will not exceed the server resources (bandwidth, storage, e-mail usage) allotted to your Plan (s). If you use any resources that surpass the percentage or megabytes agreed upon, or if you exceed E-mail storage and attachment size limitations, EayOK may, in its sole discretion, apply additional charges, suspend the Plan's usage, or terminate this agreement. In the event that EayOK elects to take corrective action, you will not be entitled compensation for any used or unused prepaid fees.
13. Quality of Service. EayOK will make its best efforts to provide quality, and uninterrupted services but this is not a guarantee as EayOK leases Virtual Dedicated Servers from a provider. EayOK will not be responsible for any damages caused by service interruption, temporary delay, or outages of the Plan (s). EayOK will not be responsible for any accounts once this VDS service is no longer available and/or due to unforeseen circumstance.
14. Employee Solicitation. You agree not to approach EayOK 's employees with proposal to hire them as his own employees or contractors. If you were to hire any of EayOK Online's employee, you agree to pay EayOK for each employee the greater amount of three year's salary for that employee or $300,000.
15. Limited Liabilities. Under no circumstances, including, without limitation, negligence or other tort, principles of contract, warranty, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise, shall EayOK in creating, producing or distributing the Plan (s) thereunder be liable to you for any indirect, special, consequential, incidental or exemplary damages including, without limitation, to damages for lost profits, loss of use, lost of data, errors, defects, phone bills, communication lines bills, loss of privacy, damages to third party even if EayOK has been advised of the possibility of such damages. In no event will EayOK or its suppliers have any liability for unauthorized access to, theft or destruction of any content made available for distribution by the Plan(s) through fraud or devices.
16. Indemnification. You agree that you shall defend by counsel reasonably accepted by EayOK, protect and hold EayOK harmless from and against any and all demands, liabilities, losses, costs, expenses, claims, including reasonable attorneys' and consultants' fees and court costs, demands, causes of action, or judgment directly or indirectly arising out of or related to the Plan(s) provided EayOK to you.
17. Disclaimer. You acknowledge and agree that EayOK accepts no responsibility or liability for, and employs no control over, the content of the information passing through EayOK 's host servers, network hubs, or the Internet. All services performed thereunder are performed "as is" and without warranty against failure of server performance including, without limiting to, any failure due to computer hardware, communication systems and/or server or software intrusion. Except as expressly provided in this Agreement, EayOK does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, in reference to the Plan(s), including, but without limiting to, implied warranties of merchantibility, fitness for a particular purpose, non-infringement, or developing from course of dealing, course of performance, or usage in trade.
18. Automatic Plan(s) Upgrade. EayOK may automatically upgrade any Plan (s) without notice.
19. Termination Instructions: To terminate your Plan (s) you must follow these instructions. Any other forms of termination will not be acceptable. You must provide EayOK with notice of a termination at least 7 days before the end of the Term by entering the Control Panel and clicking on the link that says "Cancel My Account" if this is provided on the control panel. If it isn't on the control panel, you must email () us with "termination" as the Subject in the subject field of the email. You must then go to your PayPal Account and "CANCEL" your Subscription. These steps are important so that we can properly identify you. Failure to comply with this instruction will be your failure to receive any reufund.  Any and all data and/or material placed by you to EayOK 's equipment may be deleted upon termination. EayOK is not obligated to back-up any of this data and/or material after a Notice of Termination. If you reregister after your Plan (s) was created on our server, any and all dues and fees must be paid up to date regardless of services rendered will be forfeited.
20. Liabilities and Obligations on Termination. If the Agreement expires or is terminated for any reason, EayOK is not liable to you because of such an expiration or termination for compensation or reimbursement on Plan (s) of the loss of prospective profits, anticipated sales, goodwill or on Plan (s) of any investment, relation to, or association with your business or for any other reason resulting from your termination or expiration or EayOK's server termination.. Any termination of this Agreement will not deem you exempt from past due invoices or fees that have acquired prior to the termination of this Agreement owed by you to EayOK as provided in this Agreement. EayOK reserves the right to refuse service to anyone and terminate any Plan (s) without reason with 10 days notice.
21. Violations. Failure to follow EayOK 's Agreement, policies, guidelines (collectively called "Conditions") will result in cancellation of your Plan (s). EayOK will be the sole arbiter as to what constitutes a violation of the Conditions. EayOK reserves the right to remove any Plan (s) without prior notice. EayOK may investigate any reported violation of the Conditions or any complaints and take any action that it deems appropriate and reasonable to protect its systems, facilities, and/or third parties.
22. Refund Policies. You and EayOK agree that there will be no monetary compensation for terminated Plan (s)/services regardless of the reason. There is no refund or prorated refund of any kind as our service plans are low cost. You also agree that if you purchase any software from EayOK or Register for a Software Subscription, there are no refunds of any kind as you have been given the opportunity to download and save it on to your computer.
23. Actions. EayOK reserves the right to restrict or remove any content from its equipment that violates the Conditions, or is objectionable, or infringing on any third party's rights or in potentially violation of any laws. In the event that EayOK becomes aware of the violation of the Conditions, a third party's rights or laws, EayOK may immediately take corrective action which may include, but not be limited to, (1) restricting the Plan (s), (2) suspending or terminating the Plan (s), (3) restricting or prohibiting any and all use of EayOK 's equipment, and/or (4) pursue other civil remedies. The above stated rights however does not obligate EayOK to monitor or exert control over the information made available through the Plan (s). EayOK will not be obligated to refund you any fees or charges paid in advance for corrective actions due to possible violations of the Conditions.
24. Disclosure. EayOK may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc...), usage history, material contained on EayOK 's system in order to abide by any applicable laws, lawful governmental requests, to protect EayOK 's systems and customers, or to provide and protect the quality, functionality, and integrity of EayOK business and equipment. EayOK reserves the right to report any activities that it suspects violates any laws or regulations to the appropriate law enforcement officials, regulators or any other appropriate third parties.
25. Compensation. You agree to compensate, EayOK and its affiliates and suppliers (and their respective employees, directors and representatives) for any and all expenses, including, without limitation, all claims, actions, proceedings, suits, liabilities, fines, and attorneys' fees, incurred by EayOK or it's suppliers, arising out of or relating to (1) your violation or breach of any agreement, terms, representation or warranty of this Agreement or any applicable policy or guideline; (2) your improper or illegal use of the Plan( s); or (3) your violation, alleged violation, or misappropriation of any intellectual property right (including, but not limited to, trademark, copyright, patent, trade secrets) or nonproprietary right of a third party.
26. Entire Agreement. This agreement in addition with and to all policies and guidelines incorporated herein by reference, constitutes the entire agreement and contract between you and EayOK and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreement between you and EayOK with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. You agree that you are entering into this entire agreement on the basis of any representations or promises not expressly contained in the entire agreement.
27. Advertising. EayOK may, free of any obligation to compensation, payment or reward, use your name and refer to you as a client, in advertising, publicity, or similar materials distributed or displayed to current or prospective clients. An example of advertising a client would include a link be it your email address or your website address.
28. Laws. The entire agreement shall be governed by the laws of the United States and the state of NH and its validity constructions, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of NH applicable to contracts entered into and performed entirely within the State of NH. You shall at all times accord with all applicable laws and regulations and shall protect and save EayOK harmless from your failure to stray from accordance. You agree that EayOK shall not have to perform any obligations set forth in this Agreement if such performance would violate any present or future law, regulation or policy of any applicable government. You shall not use the Plan (s) in any way that violates U.S. export laws, including without limitation, uses related to the distribution of weapons of mass destruction, prohibited chemical, biological, or nuclear weapons or missile use. You agree that you are not located in, under control of, or a national or resident of any country restricted as a destination by US law or on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce's Table of Denial Orders.
29. Severability. If any provisions of the entire agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable form and shall in no way affect the validity or enforceability of, the remaining provisions of the entire agreement, which shall remain valid and enforceable according to its terms. If it is deemed severable form, the liability of EayOK and its suppliers to you will be limited to the amount actually paid to EayOK by you under this agreement during the three (3) months preceding the date on which the claim accumulated. This limitation applies to all causes of action in the aggregate including, but not limiting, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other damages. The fees for the Plan (s) set by PrimeMaster have been and will continue to be based upon this allocation risk. Accordingly, you hereby release EayOK and its suppliers from any and all obligations, liabilities, and claim beyond the limitation stated in this section
30. Warranties and Representation. You warrant and represent to EayOK that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Plan (s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan (s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan (s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.