Terms of Service
Hostees Network ToS/AUP
All services provided by eFans (”eFans”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law os 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 harmless eFans from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to eFans’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
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* Pirated software
* Hacker programs or archives
* Warez sites
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of eFans is strictly prohibited. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of eFans must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
eFans shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from eFans ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, eFans shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of eFans ‘ servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to webmaster@e-fans.net. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
eFans cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by eFans are resold. Thus, certain equipment, routing, software and programming used by eFans are not directly owned or written by eFans. Moreover, eFans holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as eFans sees fit.
Account Activation
By activating your account with eFans, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
eFans reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
AUP
Audio/Video Streaming: eFans does not allow streaming of audio or video content, provided our media file policy is strictly followed. We make no guarantee that you or your site will be protected should a DMCA complaint be made. Please think before uploading. Offending accounts will be suspended without noticed or terminated.
Obscene Speech or Materials: Using eFans’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. eFans is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language: Using eFans’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP: Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software.
Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups: eFans reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Other Activities: Engaging in activities, whether lawful or unlawful, that eFans determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. eFans will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with eFans’ policy or applicable law. However, when eFans becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by eFans.