Section 1: Agreement To Rules

By submitting an order form for any web site, e-mail account, domain hosting, database hosting or dedicated server hosting services with E-Insites, the client agrees to all rules, regulations, and statements made in this Usage Agreement along with their consequences.

Section 2: Client Responsibility

The client alone is responsible for the content of their web site and e-mail messages.

Section 3: Unsolicited EMail

No unsolicited e-mailing practices shall be tolerated.  This is to include any practices ascribed to the client, which may or may not involve a E-Insites web site hosting, e-mail account, domain hosting account, database account or dedicated server.  This is to include any mass unsolicited e-mailing through the e-mail server of E-Insites or any customer's dedicated server or e-mail account. Upon reviewing any reports received by E-Insites regarding the client's unsolicited e-mailing practices, E-Insites reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account and/or dedicated server within 24 hours of notification of the client without refund of web site hosting, e-mail account or dedicated server fees which the client may have paid in advance.

Section 4: Illegal Materials

No use of a client's E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server to promote, sell, trade, or give away the use of the following materials or information shall be tolerated: illegal material or information, stolen material or information, violation of trademarks, pirated material or information.   Upon reviewing any reports received by E-Insites regarding the client's use of their E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of the above practices regarding the addressed (above) material or information, E-Insites reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 5: Explicit Content

No use of a client's E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote material of a sexually explicit or illegal nature shall be tolerated.  Let it be known that offensive material falling under the category of "sexually explicit or illegal nature" shall include, but not be limited to the following:  any nude pictures of a human being used to exploit, advertise, or sell any product or service;  any sort of child pornography, or attempt to display a child in a sexually suggestive manner;  any written material describing and/or promoting any sexually explicit, harsh, or abusive acts; any written material which is excessively profane and sexually explicit.  Let it be known that at any time E-Insites reserves the right to judge any material that it deems of an inappropriate adult or sexual nature intolerable for a E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account, thus causing said material to be included under this category of "sexually explicit or illegal nature".   Upon reviewing any reports received by E-Insites regarding the client's use of their E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of  the above practices regarding the addressed  material of a "sexually explicit or illegal nature", E-Insites reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 6: Racial/Religious Content

No use of a client's E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account to promote unlawful discrimination against or hatred of any particular race, any particular nationality, or any particular religion shall not be tolerated.  Let it be known that at any time E-Insites reserves the right to judge any material to fall into the above categories, making it unacceptable for a client's E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account.  Upon reviewing any reports received by E-Insites regarding the client's use of their E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server accounts in any of  the above practices of promoting unlawful discrimination or hatred of any particular race - any particular nationality - or any particular religion, E-Insites reserves the right to terminate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account within 24 hours of notification of the client without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 7: Excessive Traffic

E-Insites does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in E-Insites’s view are detrimental to the enjoyment of E-Insites services by E-Insites’s other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations, or exceed the account's designated monthly allowed bandwidth usage.  File download and system resource restrictions do not apply to dedicated servers; however, those servers that exceed their specified monthly traffic and bandwidth limits are subject to an extra monthly fee of $2 per each gigabyte of traffic exceeding their monthly limits and/or restrictions placed on their account by E-Insites, at the sole discretion of E-Insites.

Section 8: Illegal Account Usage

No use of a client's E-Insites web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account shall be used for illegal activities, such as, but not limited to: denial of service attacks, port scanning, flooding of services on other servers, and flooding of services on E-Insites servers. Other attacks not mentioned are also not tolerated, to be decided at the discretion of E-Insites personnel. E-Insites reserves the right to immediately deactivate the client's web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account without refund of web site hosting, e-mail account, domain hosting account, database hosting account or dedicated server account fees which the client may have paid in advance.

Section 9: Final Decision

E-Insites will be the sole and final arbiter as to website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to removal for any instance of violation. Accounts which E-Insites must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee. Acceptance of these Policies constitutes an acceptance of any fines or penalties which might arise out of violation of these policies.

Section 10: Rule Compliance

Users with website accounts, e-mail accounts, domain hosting accounts, database hosting accounts, dedicated server accounts that do not comply with these simple rules, or who seek to take advantage of our unlimited traffic plan in any other way, will, at the discretion of E-Insites, have their sites canceled and/or removed from the servers and penalty fees assessed at the discretion of E-Insites.

Section 11: Right To Judgment

E-Insites reserves the right to make the judgment call on behalf our other E-Insites clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact us.

Section 12: Monthly Payments

For all sites signed up on or after May 2nd 2004 payment is due on the customer's anniversary date. Ex: If you signed up on May 4th, then you will be billed on the 4th of every month.

For those who signed up BEFORE May 2nd 2004, monthly calculations are designated to the 1st of each month.

Monthly charges are deducted at E-Insites' discretion, and may be done to 25 days before or 45 days after the billing date to allow verification of funds, but are still due promptly on the customer's billing date. If payment is not promptly received or is declined, the account will be suspended until the payment is made. Failure to make payment by the end of the month in which the payment was declined will result disconnection of the customer's account permanently. For all those who are declined more than once, a re-connection fee of $10 applies, when trying to re-activate your account. Should a customer have 3 instances of failed payment in a 6 month period, pre-payment will be required at E-Insites' discretion to keep the account open. Hosting fees are eligible for refund within the first 30 days of account sign up. All setup fees are non-refundable.

Section 13: Prepaid Payments

In the case of pre-payment for an account for any term, the customer is in a service contract for that term of service.  Pre-paid monies are refundable for the first 30 days after account activation as per our 30 day money back guarantee.  All setup fees are non-refundable.  Payment is due upon expiration of the original contract (or if the date does not appear on the next calendar year, the day before).  If the customer would like to change their billing method to month to month, they may do so after the end of their contract.

Section 14: Server Payments

All set-up and installation fees for dedicated servers are non-refundable.  The initial monthly hosting fees for dedicated servers are refundable within the first 30 days of service.  Subsequent hosting fees are non-refundable. 

Section 15: Server Agreement
Dedicated servers hosted with E-Insites are non-relocatable.  Following the cancellation and/or termination of the dedicated server hosting agreement with E-Insites, the server in question remains the property of E-Insites, and can be used in any way and for any means deemed by E-Insites

Section 16: Credit Card Chargebacks

Invalid chargebacks made to any E-Insites will result in immediate account termination without notice.  The account will then be turned over to a collection agency.