Notices / Terms Of Service / Acceptable Use Policy

Hosting:

By purchasing and using any of EasternPC's Internet related services, you acknowledge that you agree to be bound by our Terms Of Service, Acceptable Use Policy (TOS / AUP) Agreement and are of legal age to enter into such a contract. Applicable to Internet Website hosting, promotion, email accounts and any other Internet based service we offer, this Agreement is a binding contract between you and EasternPC ("the parties") that shall remain in full force and effect unless terminated by either EasternPC or the customer in accordance with the terms and conditions set forth herein.

Domain Names:

Customer shall be responsible for all costs associated with their Domain Name registration including, but not limited to annual renewal. If Customer elects to administer their own Domain Name(s); please note that incorrect nameserver settings or failure to timely renew may prevent their Domain Name from resolving to their Website or email account.

For Domain Name services provided by EasternPC, Customer agrees and understands that it is Customer's responsibility to monitor their Domain Name for expiration dates and the accuracy of the whois record including nameservers. Upon request EasternPC will promptly update the whois record to reflect any changes in Customer name, address, phone number and nameservers. Under no circumstance will EasternPC be responsible for any interruption in service, damages or costs associated with expired or improperly configured Domain Name(s).

Design Services:

Unless stated otherwise in writing, all original artwork created by Eastern PC for Customer use either online or in print shall remain the exclusive property of Eastern PC. In such case Eastern PC shall retain all copyrights, and grants to Customer only the non-exclusive license to use such artwork in connection with Customers website so long as it is hosted by Eastern PC, or exclusively in printed materials supplied to Customer by Eastern PC. Any other use is strictly prohibited. Eastern PC reserves the right to revoke the above described non-exclusive license at any time, and for any reason.

Trademark, Copyright:

Customer agrees to take reasonable steps to ensure that their Domain Name and content do not infringe upon any trademarks, trade names, service marks, copyright or other proprietary rights owned by a third party. Domain Names are generally subject to ICANN's Uniform Domain Name Dispute Resolution Policy. Should any trademark or copyright infringement action be commenced against a customer by a third party, Customer shall not hold EasternPC liable for any damages, injuries or losses.

Acceptable Use:

Customer agrees that EasternPC's services may only be used for lawful purposes. EasternPC customers are prohibited from storing or transmitting, on or through any of our services any material that is, in EasternPC's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability by the common law, or may violate any local, state, federal or international law. EasternPC reserves the right to remove offending material from our servers.

Prohibited Uses:

Prohibited uses of EasternPC services include, but are not limited to: Willful copyright or trademark infringement, storing or transmitting material that is obscene, illegal or that promotes any illegal activity or hate against any person or group, warez, cracks, software serial numbers, bulk emailing, unsolicited emailing, newsgroup spamming or programs that may be damaging to our servers or other servers on the Internet. Prohibited material of any kind may not be uploaded, stored (compressed or otherwise) or used on any of EasternPC's servers. EasternPC shall act as the sole arbiter to determine what constitutes prohibited use. EasternPC will not ordinarily review customer content to verify compliance with this TOS / AUP Agreement. However, in the event prohibited use of any kind is discovered by EasternPC we reserve the right to take immediate action including, but not limited to, the steps outlined herein. Customer agrees that EasternPC may take whatever action we deem appropriate to protect the integrity of our service, at our sole discretion, including account termination without notice.

Billing:

All hosting accounts are billed on an annual basis and must be prepaid in full prior to account set up and then on or before each subsequent anniversary date. Other hourly services such as website design are billed per invoice at the time the requested work is completed. All invoices are due upon receipt. Accounts remaining unpaid for 90 days may be suspended. If an account is suspended due to non payment at any time, an account reactivation fee of $35 will apply. Eastern PC reserves the right to require that all fees for hourly services be fully paid per our estimate in advance before the account is activated or any other work is performed.

Voluntary Termination:

In the event an EasternPC customer elects to voluntarily terminate their account, such voluntary termination shall constitute a waiver of any right to claim a refund of any remaining balance paid, and in such case there shall be no refund. Requests electing to terminate any domain or hosting account will not be processed without documentation as outlined below. Any EasternPC customer electing to voluntarily terminate their account or any domain within their account must contact us by email, and must state that they wish to terminate. This email must include their name, address, phone number, and login information for their control panel. Termination requests will not be accepted without completing the steps required mentioned above, without exception. This termination procedure is for our mutual protection. Your termination email will provide evidence to us that the individual terminating the account is authorized to do so. Once this email is received, and the information verified, the hosting account's data will be deleted permanently from our servers and will be non-recoverable. Voluntary termination constitutes a breach of the terms and conditions of this agreement, so in such case you shall not be entitled to a refund of any remaining balance paid. In any event, Domain Name registration fees, setup fees, or hourly fees for Tech Support, if any, are non refundable.

Termination Without Cause:

Either party may terminate this Agreement without cause upon written notice to the other party. EasternPC reserves the right to terminate any account without prior notice and without assigning any reason. Should we elect to terminate a Customer's hosting account without cause, the customer shall receive a full refund of any pro-rated balance remaining, less any fees remaining unpaid. However, nothing set forth in this paragraph shall be construed to limit EasternPC's absolute right to terminate any account immediately without prior notice for improper use of its services, non payment or for any other breach of the terms and conditions set forth herein without refund of any fees paid.

Liability:

EasternPC will take all commercially reasonable precautions in an effort to protect the security and integrity of Customer's Website but offers no warranty as to our ability to restore site content in the event of a server failure, and EasternPC is not liable to you for loss of Website content. EasternPC shall have no liability to you for your use of our services, for any damages or losses sustained by you for business or other activities conducted on the Internet, or for your use of data or information provided to the public on the Internet including but not limited to any liability to you for consequential, indirect, special or incidental damages. Customer hereby expressly waives all such claims against EasternPC and shall not hold EasternPC liable for any future claims including, but not limited to, loss or damages related to your business, lost opportunity, consequential, indirect, special or incidental damages resulting from the use of our services or any interruption in service. This Agreement is to be construed as contractual, in no event shall EasternPC's total liability exceed the annual hosting contract price paid by Customer.

Warranty:

EasternPC generally maintains a server uptime record of over 99%. However, past reliability statistics are not intended to be construed as a 99%+ server uptime guarantee. EasternPC makes no representations to Customer as to any specific percentage of time that our services will be available to meet their needs, and no such warranty is expressed or implied. Nonetheless, we will employ all commercially reasonable efforts to provide Customer with the most reliable hosting service possible.

Data Loss:

Backups of Customer's content are performed once per week on Linux shared servers, unless otherwise stated. However, EasternPC assumes no liability for loss of any information published to any server including all customer Website content, related files, backup files, databases or mail belonging to any customer hosted at EasternPC. Backup arrangements for customer content for any frequency other than the weekly backup must be made by written contract and acceptance by EasternPC and any such contract will be subject to premium monthly charges. Access to customer content is provided to all customers at all times via ftp. It is the sole responsibility of Customer to insure that they maintain their own backup copy of any materials placed on EasternPC Servers, or of any database maintained on any server operated by us in the event EasternPC is unable to restore customer content from tape backup. EasternPC assumes no liability for Customer's content lost in the event a hardware or software failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes. Customer agrees that at no time shall EasternPC assume liability of any kind for lost customer content.

Network Security:

EasternPC will employ all commercially reasonable efforts to protect the security and integrity of our service. Customer understands that the Internet and various related networking communications are generally not secure and that there is an inherent risk to Customer resulting from the prevalence of malicious programmers or hackers, or malicious programs, such as viruses, worms among others. Customer shall be solely responsible for protecting the integrity of their own computer and Hosting Account. Customer's password shall be considered to be private and confidential information by EasternPC and we shall not be knowingly disseminate, disclose or transmit this information to third parties. Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet. Customer agrees that at no time shall EasternPC assume liability of any kind for network security.

Applicable Laws:

Customer agrees that their use of any service provided by EasternPC must comply with all applicable federal, state and local laws and regulations including, but not limited to: all laws pertaining to copyright, trademark, proprietary information, intellectual property rights and obscenity. In the event that EasternPC is notified that a Customer has infringed upon a third parties rights or may have violated any applicable law, EasternPC shall act as the sole arbiter as to what may be considered a breach of this TOS Agreement. In such case, Customer agrees that EasternPC may suspend or terminate such Customer's account immediately and take whatever action deemed necessary to protect the integrity of our service, with or without prior notice to Customer, including the right to delete Customer's data. Data deleted from our servers should be considered non-recoverable.

Email Services

EasternPC email services are available only for Customers hosted by EasternPC. Our Website hosting accounts include the specified number of individual email accounts, and the Customer shall bear sole responsibility for the proper administration of these accounts using the appropriate setting on their users devices. Each user device should be set to delete messages from the server when downloaded. Limited support for adding or deleting of email accounts or changing of passwords will be provided by EasternPC upon Customer request free of charge. EasternPC email service is not intended to be used as a secure repository for Customer e-mail. All email stored on EasternPC's servers may be subject to deletion after 30 days. EasternPC does not backup email accounts of its Customers. Our 1 email only and URL Forward accounts require that Customer host their Domain Name with EasternPC, and that such name resolve to our "hosted by EasternPC" page that will include content and links promoting EasternPC's services. Customer stores email on EasternPC's servers at their own risk. Our email services are not to be used to transfer system backups or disk images. EasternPC's email service is intended for legitimate personal or business purposes only.

Unauthorized use of email

While EasternPC recognizes that Customer may wish to compile mailing lists and use email to promote its goods or services, EasternPC strictly prohibits the use of our servers to send or relay any email message that may be construed by others as harrassment or bulk unsolicited mass e-mail commonly know as spam. Customer hereby agrees not to use the services of EasternPC or any other smtp service for the purpose of sending or relaying spam. Data flowing through EasternPC's smtp servers is monitored in order to detect and prevent unauthorized use. If any domain hosted by EasternPC participates in sending spam all of that domains access to EasternPC services will be suspended. Suspension applies regardless of the source or server the mail is distributed from. Additionally, if an EasternPC Customer has been identified as the source of spam, the offending domains dns will be terminated and notice may be sent to appropriate authorities. In such case Customer agrees that they will be liable for any damages sustained by EasternPC as well as our reasonable attorney's fees.

Disk Space / Bandwidth

EasternPC provides what we consider to be commercially reasonable disk space and bandwidth usage limits for our Website Hosting accounts. We reserve the right to review and limit disk space and bandwidth on any Hosting Account package or domain exceeding what we deem to be over and above the maximum limits specified on our Website. The left side pane of your control panel displays complete account details, including maximum disk space and bandwidth usage. Customers exceeding the allotted bandwidth usage as monitored by EasternPC will be given notice of the option to pay for excess usage at a rate of $5.00/month per GB via email. Failure to respond to such email notification will constitute an agreement to charge the account for excessive bandwidth usage, or to suspend or terminate such account at EasternPC's sole discretion. The following are not allowed on our servers: Websites with banners, graphics or CGI scripts running from their domain for use on other domains. High Yield Income Programs (HYIP) Websites, Websites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Websites using more than 20% of system resources for longer than 20 seconds. Websites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

Account Ownership

The billing contact, as registered with EasternPC, is considered to be the account owner. EasternPC will not transfer ownership, content, or access to another party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify EasternPC and hold harmless from and against any legal action which may arise as a result of Customer's use of EasternPC services without limitation or exception including, but not limited to, any action brought against Customer by a third party. Should Customer's use of EasternPC services require EasternPC to become involved in any such action, Customer agrees to pay EasternPC's expenses and reasonable attorney's fees. Customer agrees that this TOS / AUP Agreement is a Maine contract, and for any dispute arising out of this Agreement the venue and jurisdiction shall be in Maine.

Notices

We reserve the right to change this TOS / AUP Agreement at any time by posting changes online. Your continued use of the EasternPC service constitutes your acceptance of this Agreement and any subsequent modifications to it as posted online, which shall be deemed to be the entire contract between the parties superceding all previous verbal or written Agreements. There are no other understandings or Agreements between the parties. Failure to properly notify EasternPC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same. This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either EasternPC or Customer in accordance with the notice provisions set forth herein. In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions of the TOS / AUP Agreement currently in effect. EasternPC's current TOS / AUP Agreement may be viewed at http://www.easternpc.net/notices.html

Intellectual property and trademark:

The name and style of "EasternPC", "hdtvpro" and all of our original material is intellectual property owned by the author of this website including, but not limited to, the following brand names or trademarks: "Eastern PC" , "EasternPC", "epcmaine", "easternpc.com", "easternpc.net", "easternpc.us", "hdtvpro", "hdtvpro.net" as are the EasternPC and HDTVPRO logo as well as the following slogans: "Cyber-pests eliminated" "Prompt personal attention to your computing needs" "Everything for your computer" and "Everything for your website". Third-party marks and brands referred to are the property of their respective owners. We are located in Maine, USA, and may be reached by email:

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Computer Services

Mission statement:

Our goal is to promote computer development and improve useability by maintaining a general record of our experience in both hardware and software evaluation and study. It is our hope that we can contribute in this field by helping to make computers less intimidating and more fun for people to use. To this end, we occasionally post research results on our Web Site when we feel this information is relevant to current trends, or is otherwise of potential benefit to computer users.

You are invited to review this material and participate as a guest of Eastern PC. Please review this page for future notices from time to time.

Disclaimer, warranty, risk of loss:

With regard to any tips and how to's we may offer, please be aware that anytime you use or work on a computer, there is always a risk of equipment failure, data corruption or data loss. Always back up important data and use reasonable care when adding software or making any other adjustments or changes to your computer system.

While we do use and support many popular computer hardware and software products, we do not manufacture any hardware or software product. Hence, no product endorsements or warranties of any kind are ever intended, implied or expressed by EasternPC. As a computer user, it is your responsibility to evaluate computer hardware and software products to determine whether or not such products, or the results of any adjustments or changes that you may decide to make to your computer system, will benefit you. If you are not sure, we recommend that you do not use unknown computer hardware or software products, or modify your computer system. Technical information that we post here is provided on an as is, as found basis, without warranty.

EasternPC expressly disclaims any and all responsibility for your use of the Internet, downloading of data and adjustments or changes that you may decide to make to your computer system. These activities may result in damage to your computer system or data loss, and are undertaken at your own risk.

As a user of our services or by logging on to our website, you acknowledge that you have read, understand and agree with terms and conditions of the within notices.