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e-Sales LLC
Terms, Conditions and Acceptable Use Policy


This Policy represents e-Sales LLC Acceptable Use Policy ("Policy") applicable to the Customers of e-Sales LLC and its subsidiaries of Web Burner Hosting and e-Dialup Internet Access and supersedes any other written or oral Policy. Upon notice published on-line via e-Sales LLC web page e-Sales LLC may modify the Policy, amplify the Policy, as well as discontinue or change services offered.

e-Sales LLC reserves the right to revise this Policy at any time. Customer may view the most up-to-date version of this policy at any time at http://www.webburner.com/policy.html.

By using any of the services offered by e-Sales LLC, Customer is bound by and must comply with this Policy in its entirety. Violations of the guidelines, delineated below, will result in cancellation of the Customer account or such other action as e-Sales LLC, in its sole discretion, may deem appropriate.



I. SYSTEM AND NETWORK SECURITY

1. Customer may not tamper with other accounts, or commit unauthorized intrusion into any part of e-Sales LLC's system, or use any of e-Sales LLC's machines, files, accounts, networks to intrude without authorization into any other system.

2. Customer may not use e-Sales LLC services not included in Customer’s account, or devise ways to circumvent security in order to access services Customer is not paying for.

3. Customer may not use the system in a manner that encumbers disk space, processors or other system resources beyond those allowed by the specific type of account. Customer may not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host.
II. EMAIL/ SPAM

1. Customers may not continue to send commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.

2. e-Sales LLC prohibits the transmission of e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.

3. Customers may not forge header information.

4. e-Sales LLC prohibits the use of Customer's account, or network connection, to collect replies of messages sent from any another provider that violates the rules of this Policy or those of the originating provider.

5. e-Sales LLC prohibits the use of and reserves the right to cancel or suspend any customer account, which promotes its business by means of unsolicited email, using either e-Sales LLC's or other ISPs networks.
III. GENERAL
1. Web site hosting and all other services provided to the Customer by e-Sales LLC may only be used for lawful purposes. Customer will use the web hosting services in a manner consistent with any and all applicable laws of the state of Virginia and the United States of America.

2. e-Sales LLC reserves the right, in its sole discretion, to deactivate the Customer's account(s) upon an indication of credit problems including delinquent payments.

3. e-Sales LLC services provided on an "as is, as available" basis. e-Sales LLC gives no warranty, expressed or implied, for the services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by e-Sales LLC or its providers beyond the fees paid by Customer to e-Sales LLC for services.

4. e-Sales LLC is not responsible for any damages arising from Customer's use of e-Sales LLC or by Customer's inability to use the services for any reason.

5. While e-Sales LLC shall make every reasonable effort to protect and backup data for Customer on a regular basis, e-Sales LLC is not responsible for Customer's files residing on e-Sales LLC servers. Customer is solely responsible for independent backup of data stored on e-Sales LLC servers.

6. Customer hereby agrees that any material submitted for publication on e-Sales LLC through Customer's account(s) will not contain anything leading to an abusive or unethical use of the product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless e-Sales LLC from any claim resulting from your publication of materials or your use of those materials. e-Sales LLC may or may not give notice before deactivating the use of an account(s) which e-Sales LLC decides is an abusive or unethical use of the account(s) or host server(s).

7. Due to the public nature of the Internet, all information should be considered publicly accessible and important or private information should be treated carefully. e-Sales LLC is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network e-Sales LLC or its customers may utilize.

8. e-Sales LLC maintains control and any 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 e-Sales LLC is at your own risk. e-Sales LLC 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 e-Sales LLC cancels Customer's account for any reason, Customer agrees not to reregister without e-Sales LLC's written consent. In the event Customer reregisters without e-Sales LLC's prior written consent, e-Sales LLC will cancel Customer 's account and all dues and fees paid to date regardless of whether service has been rendered will be forfeited. Additionally, any amounts owed in arrears will be made due and payable immediately.

12. e-Sales LLC requires that Customer is qualified to contract. e-Sales LLC 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 e-Sales LLC accurate and up to date. False data supplied for the contract between e-Sales LLC and Customer will be grounds for account termination.

13. The Customer agrees to defend, hold harmless, and expeditiously indemnify e-Sales LLC 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 e-Sales LLC harmless from any claims relating to any action taken by e-Sales LLC 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 e-Sales LLC as a result of the decision to remove material from its server, or to suspend or terminate Customer 's account.

15. Customer may only access the server by means of the Internet, an interstate common carrier of information.

16. e-Sales LLC reserves the right to kill off CPU intensive processes.

17. e-Sales LLC has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on e-Sales LLC e-Sales LLC will only access and disclose information as necessary to comply with applicable laws and government requests, to provide e-Sales LLC Services, to operate or maintain its systems or to protect itself or its customers.
IV. CANCELLATION POLICY

1. e-Sales LLC reserves the right to cancel service at any time.

2. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

3. If customer terminates/ cancels service at any time before the expiration of the term of service than the service will end on the expiration date without any pro-rated refund.

3. Cancellations may be done by going to http://www.webburner.com/panel/ and completing the Account Cancellation form.

4. A letter sent via fax to 860-276-0192 or via postal mail requesting cancellation is also an acceptable form of cancellation.

WebBurner
1 Center Street 3rd Floor
Southington, CT 06489

The domain, username, password, contact's name, contact's email address, and signature of contact must be stated in letter.

5. The cancellation form or letter must be submitted/received before midnight the day before service expiration.

V. PAYMENT POLICIES
1. All accounts are set up on a pre-pay basis.

2. All billing is on a recurring basis until account is cancelled by owner as stated in Section IV.

3. Setup fees are charged for all new accounts and major account changes and are non-refundable.

4. All pricing is guaranteed for the term of pre-payment.

5. e-Sales LLC reserves the right to change prices at any time, unless other terms have been agreed upon.

6. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.

7. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies e-Sales in writing for a request for termination of services.

8. If any service is cancelled for violation of this Policy all fees paid to date regardless of whether service has been rendered will be forfeited.

9. All payment is in U.S. currency.
VI. POLICY ENFORCEMENT
1. When e-Sales LLC becomes aware of an alleged violation of its Acceptable Use Policy, e-Sales LLC will initiate an investigation. During the investigation e-Sales LLC may restrict Customer 's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, e-Sales LLC may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. If such violation is a criminal offense, e-Sales LLC will notify the appropriate law enforcement department of such violation.
VII. COPYRIGHT INFRINGEMENT
1. If e-Sales LLC becomes aware of material that could be infringing on a third party's copyright, posted by Customer, it will initiate an investigation. If e-Sales LLC receives from a Complainant a claim with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer 's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, e-Sales LLC, in its discretion, may, at any time, deny access to the challenged material of Customer.

2. e-Sales LLC will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).

3. e-Sales LLC shall have no liability, directly or indirectly, to Complainants or third parties for Customer’s infringing copyrighted materials. Customer shall reimburse e-Sales LLC for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.
VIII. CONTENT
1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, State of Virginia, Province, Locality, or City law 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 and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

Examples of non-acceptable content or links:
Pirated software
Hackers programs or archives
Warez Sites
IRC or IRC bots

We will be the sole arbiter as to what constitutes a violation of this provision.
IX. REPORTING NETWORK ABUSE
1. Any party seeking to report any violations of e-Sales LLC's policy may contact via e-mail: abuse@webburner.com.

X. Service Level Agreement (SLA)

1. All business services (B-I, B-II, B-III, B-IV) are backed by the following comprehensive SLA to ensure maximum performance and uptime.
2. Web Burner guarantees network uptime to be 99.999% within a give month. Static content (HTML, etc.) has a guaranteed uptime of 99.900% within a given month. Dynamic content (ASP, PHP) has a guaranteed uptime of 99.000% within a given month.
3. If uptime guarantees are not met within a given month Web Burner will refund the customer 10% of the monthly fee for each hour of downtime.
4. Maximum refund for any downtime will be 100% of the monthly fee in a given month.
5. A request for a refund must be submitted within 7 business days of a service interruption to accounting@webburner.com.
6. Only Business customers are covered by any SLA.

XI. Money Back Guarantee

1. If for any reason a customer is not fully satisfied within the first 30 days of order activation Web Burner will refund 100% of the base fees paid during that 30 day period. Setup fees, add-ons, and any overages if paid are non-refundable.

XII. UNMETERED BANDWIDTH

1. The unmetered/ unlimited bandwidth that is allowed in our personal plans is to allow customers not to fear the chance of going over any limits or having to figure out the traffic their website will generate.
2. The unmetered/ unlimited bandwidth feature although does have some requirements to participate which are listed below.
       - Business/ commercial sites are not allowed.
       - Download sites are not allowed.
       - Image galleries are not allowed (personal photo
          albums are the exception to this rule).
       - Audio/ Video are not allowed.
       - Chat scripts are not allowed.
3.  If your site doesn't fit the requirements above but is still considered a personal website then a limit of 5 GB is assigned to your website. You will be notified a month before you are charged for any overage giving you an opportunity to move to another hosting plan before any charges are applied.

XIII. Privacy Policy

This is the web site of e-Sales LLC which is also known as Web Burner.

Our postal address is
1710-A W. Hundred Rd. Chester, VA, 23836
We can be reached via e-mail at service@webburner.com
or you can reach us by telephone at 877-535-2876 or 804-863-0174

For each visitor to our Web page, our Web server automatically recognizes only the consumer's domain name, but not the e-mail address (where possible).

We collect only the domain name, but not the e-mail address of visitors to our Web page, the e-mail addresses of those who communicate with us via e-mail, information volunteered by the consumer, such as survey information and/or site registrations.

The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, used to notify consumers about updates to our Web site, not shared with other organizations for commercial purposes.

With respect to cookies: We do not set any cookies.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.

If you supply us with your postal address on-line you will only receive the information for which you provided us your address.


Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above.

Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, financial information (e.g., credit card account information) that we maintain about them, unique identifier information (e.g., customer number or password) that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them , a description of information that we maintain about them.
Consumers can access this information by e-mail us at the above address.
Consumers can have this information corrected by sending us e-mail at the above address.

With respect to security: When we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, state or local chapters of the Better Business Bureau, The Federal Trade Commission by phone at 202.FTC-HELP (202.382.4357) or electronically at http://www.ftc.gov/ftc/complaint.htm.


                    Failure to follow any term or condition will be grounds for immediate
                    account deactivation.

Revised 05/2003                            

   

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