Eclectic Academy Hosting Terms of Service Agreement

Before you take advantage of the web hosting services here at Eclectic Academy Hosting, please read and understand these Terms of Service.

1. Eclectic Academy Hosting Services

   These Terms of Service will govern the use of the Eclectic Academy Hosting website and the actual website hosting (www.eclecticacademy-hosting.com), hereafter referred to as  "EAH".

    Eclectic Academy Hosting may, at its discretion, add, delete, or modify the Terms of Service without notice. By registering, you agree to use the service in a manner consistent with all applicable local, state and federal laws and regulations and in accordance with the Terms of Service discussed below.

   Eclectic Academy Hosting reserves the right to delete any page at any time for breach of these terms.

   Eclectic Academy Hosting may terminate any website or web page (and any and all related information, communications, postings) at any time, without notice, for conduct that violates local, state or federal laws or regulations, these Terms of Service or other policies or guidelines set out by EAH elsewhere on the site, or for material that EAH in its sole discretion believes is harmful to the business of EA, EAH, or other third-party information providers.

2. Terms

   a) Hosting is available to anyone over the age of 15 who accurately provides all the required information, provides a legitimate electronic mail address and is a student at Eclectic Academy Online School. EAH does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation. Children under the age of 15 can only register with the express consent of a parent or guardian.

   b) EAH does not permit the use of vulgar or offensive language for your password. EAH will, at its discretion and without notice, change a password of this nature.

3. EAH User Web Page and User Conduct Guidelines

   The following is a non-exclusive list of actions and content that are prohibited at EAH. EAH may cancel any hosting associated with such actions or content or may remove any associated user web page with or without prior notice, at its sole discretion.

   a) Any use of copyrighted, trademarked, patented or service marked material without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

   1. Making available for download copyrighted software which has been "cracked", for example, the copyright protection has been removed from the software;
   2. Making available serial numbers for software that can be used to illegally validate or register software;
   3. Making available any software files for which the user does not own the copyright or have the legal right to make available.

   b) Material concerning any software, information or other material that contains a virus, corrupted data or any other harmful or damaging component.

   c) Material that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age. EAH reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.

   d) Material that is offensive including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence.

   e) Pages that promote illegal activity and any promotion of or provision of instructions for illegal activity.

   f) Material that defames, abuses, or threatens others or is libelous.

   g) Material that is invasive of privacy or publicity rights, including posting another person's private information.

   h) Material that

   1. depicts adult or pornographic content;
   2. is contrary to customary standards for material suitable for public display.

   i) Use of a web page as storage for remote loading, or as a doorway or signpost to another home page.

   j) Creation of a web page that contains hyperlinks to content not permitted on EA or EAH.

   k) You may not transmit unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists your web page.

   l) You may not create web pages that restrict access to other pages on your site through the use of password protection or other means, other than through services provided by your cPanel without permission.

   m) You may not misrepresent your identity or impersonate any person including, but not limited to, faculty or staff at EA.

   n) You may not use your web site for the purpose of gathering personal identifying information from individuals for unlawful purposes.

   o) You may not use any web page in connection with "spamming" or the sending of unsolicited messages.

   All judgments concerning the application of these guidelines are made at the sole and absolute discretion of EAH.

   If EAH determines that law enforcement officials or other necessary persons should be notified regarding any user website, EAH will provide copies of the website in question to the appropriate officials without notice to the user. EAH will cooperate with all law enforcement efforts to locate persons who have posted web pages that are illegal or that promote illegal conduct. This may result in EAH disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process (such as a court order, subpoena or search warrant), in circumstances where EAH, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public.

4. Reporting a Violation

   If you witness a violation of these guidelines, please notify us at abuse@eclecticacademy-hosting.com . Complaints may be investigated by EAH but EAH is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of EAH.

   It is the policy of EAH to respond immediately to claims of intellectual property infringement. EAH will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, EAH will act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act immediately to remove or disable access to any reference or link to material or activity that is claimed to be infringing. EAH will terminate access for account holders who are repeat infringers. Notices of claimed infringement should be directed to: copyright@eclecticacademy-hosting.com

   When EAH removes or disables access to any material claimed to be infringing,  any and all counter notifications submitted by the user will be furnished to the complaining party. EAH will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before replacing or restoring access to any material as a result of any counter notification.

   If LVS becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts LVS, preferably by certified mail, of the specific location of the alleged presence of such materials, LVS will contact the Member responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. LVS also will alert the Member that, absent such a response, LVS reserves the right to delete the Member Web Page; and, if the member fails to respond within five days, LVS will make a decision whether to remove the Member Web Page. In all cases, if in its sole and absolute discretion, LVS concludes that one of the Member Web Pages violates the rights of any other party, LVS reserves the right to delete the offending Member Web Page at any time without prior notice.

5. Limitations of Liability and Warranty

   a) THE USER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE HIS/HER OWN RISK. THE SITE IS PROVIDED, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, EAH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, EAH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER ECLECTIC ACADEMY NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.

   b) UNDER NO CIRCUMSTANCES SHALL EAH BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF EAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR THE NETWORK. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

   c) EAH MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE USER'S PAGES OR THE ASSOCIATED STORAGE FACILITIES. EAH IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER'S WEB PAGES; INDIVIDUAL USERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

   d) Users specifically agrees that EAH and third party content providers are not liable for any conduct by Users associated with the site, including, but not limited to, User web pages.

   e) EAH and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the site and are not responsible for

   1. any errors or omissions arising from the use of such information;
   2. any failures, delays, or interruptions in the delivery of any content or services contained within the site; or
   3. losses or damages arising from the use of the content or services provided by the site.

   f) EAH is not responsible for the delivery of any goods or services sold or advertised through its sponsors, advertisers or its users' commercial home pages or affiliate program pages.

6. Indemnity and Release

   Each User agrees to indemnify Eclectic Academy, Eclectic Academy Hosting and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from the User's use or misuse of the site. This includes, without limitation:

   1. Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or service marks and
   2. Member's responsibility for any and all liability arising from any libelous or unlawful material contained within Member Web Pages.

   By using the site and any other sites on EAH you are hereby agreeing to release EA, EAH and its affiliates, officers, directors, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to EAH services. You hereby agree to waive all laws that may limit the efficacy of such releases.

7. Cancellation Policies:

   Cancellation requests can be submitted via our helpdesk system at http://www.eclecticacademy.com/helpdesk.htm. Although no advance notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 30 days of service all hosting fees will be refunded. This does not include fees for domain registration, which are nonrefundable.

   Accounts are payable in full at the time the account is created. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state.

   Release of domain names will not be authorized until all monies owed have been paid. We reserve the right to proceed with collection efforts to include pursuing payment in a court of law. The laws of The United States and the State of Michigan will preside over this agreement as well as the services provided.

   Suspension:

   Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

   A suspension resulting in non-payment will require all past due fees to be paid and a re-activation fee of $15.00 US in order to re-establish service.

   Refusal of Service:

   We reserve the right to refuse, cancel, or suspend service at our sole discretion.

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

   These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Eclectic Academy representatives and each User with respect to the subject matter hereof. EAH may amend these Terms of Service at any time without notice.