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
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
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
II. EMAIL/ SPAM
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
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.
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
3. Customers may not forge header
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.
IV. CANCELLATION POLICY
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
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
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
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
V. PAYMENT POLICIES
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
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.
VI. POLICY ENFORCEMENT
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
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
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.
VII. COPYRIGHT INFRINGEMENT
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.
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
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.
IX. REPORTING NETWORK ABUSE
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:
Hackers programs or archives
IRC or IRC bots
We will be the sole arbiter as to what constitutes a violation of this provision.
1. Any party seeking to report any violations of e-Sales LLC's policy may contact via e-mail: firstname.lastname@example.org.
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
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
6. Only Business customers are covered by any SLA.
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.
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
- Download sites are not allowed.
- Image galleries are not allowed (personal
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.
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 email@example.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
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
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
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
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
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
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
Failure to follow any term or condition will be grounds for immediate