TERMS OF SERVICE AND PRIVACY AGREEMENT

This Agreement sets forth the terms and conditions of your use of EZ Traffic Host.com. for web hosting services. You must read and agree to be bound of all terms and conditions of this agreement. By posting 30 days in advance at web page http://www.eztraffic-host.com EZ Traffic-Host is entitled to modify the terms and conditions of this Agreement and or the prices of it’s services offered, as well as discontinue or change the service offered.

EZ Traffic-Host will provide web hosting services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the services, EZ Traffic-Host maintains full control and ownership of any and all account information and (“IP”) addresses and numbers that may be assigned to you.

EZ Traffic-Host reserves the right to access any information as permitted by required law, regulation or other governmental request. EZ Traffic-Host will fully cooperate with law enforcement authorities in lawbreakers and reserves the right to report law enforcement authorities of any illegal activity.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that EZ Traffic-Host is a service provider under DMCA and is immune from liability under the DMCA. EZ Traffic-Host will accommodate standard procedures used to identify and protect copyrighted works.

Websites being hosted by EZ Traffic-Host located on EZ Traffic-Host servers nor the links to other websites are monitored, or screened for approval, or endorsed by EZ Traffic-Host. EZ Traffic-Host is not responsible for any content websites hosted by our servers.

You agree that EZ Traffic-Host is not responsible for any loss of data due to any server issues, network issues, or any other network or server related issues.

EZ Traffic-Host is not responsible for any damages to any client's business. EZ Traffic-Host makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of EZ Traffic-Host web hosting and email service is at the client's sole risk. EZ Traffic-Host services are provided on an "as is, as available" basis.

EZ Traffic-Host will not pay or reimburse for any damages for the web site functionality due to server issues, downtime, or any other related issues that could lead to the clients web site being dis-functional or non operational. The client is responsible for locating errors on the web site and notifying an outside party or EZ Traffic-Host per assistance to fix any issues on the web site relating to coding, PHP, MySQL, Miva Merchant errors, SSL errors, ecommerce errors, email related issues. EZ Traffic-Host will help to the best of its abilities to fix these issues. If the issue resumes the client is responsible for any further support hired by any outside 3rd party to resolve the issue, EZ Traffic-Host will not reimburse or credit any fees incurred by a 3rd party contractor to fix issues, or any damages or losses incurred by any issue related on the web site or downtime.

EZ Traffic-Host does not guarantee that our services will be uninterrupted or error free. EZ Traffic-Host will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will EZ Traffic-Host be liable for any claims resulting from the use or inability to use EZ Traffic-Host services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to EZ Traffic-Host. The right to report law enforcement authorities of any illegal activity.

You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the “DMCA”) and acknowledge that EZ Traffic-Host is a service provider under DMCA and is immune from liability under the DMCA. EZ Traffic-Host will accommodate standard procedures used to identify and protect copyrighted works.

Websites being hosted by EZ Traffic-Host located on EZ Traffic-Host servers nor the links to other websites are monitored, or screened for approval, or endorsed by EZ Traffic-Host. EZ Traffic-Host is not responsible for any content websites hosted by our servers.

You agree that EZ Traffic-Host is not responsible for any loss of data due to any server issues, network issues, or any other network or server related issues.

EZ Traffic-Host is not responsible for any damages to any client's business. EZ Traffic-Host makes no warranties or guarantees of any kind, expressed or implied for services that we provide. Use of EZ Traffic-Host web hosting and email service is at the client's sole risk. EZ Traffic-Host services are provided on an "as is, as available" basis.

EZ Traffic-Host will not pay or reimburse for any damages for the web site functionality due to server issues, downtime, or any other related issues that could lead to the clients web site being dis-functional or non operational. The client is responsible for locating errors on the web site and notifying an outside party or EZ Traffic-Host for assistance to fix any issues on the web site relating to coding, PHP, MySQL, Miva Merchant errors, SSL errors, ecommerce errors, email related issues. EZ Traffic-Host will help to the best of its abilities to fix these issues. If the issue resumes the client is responsible for any further support hired by any outside 3rd party to resolve the issue, EZ Traffic-Host will not reimburse or credit any fees incurred by a 3rd party contractor to fix issues, or any damages or losses incurred by any issue related on the web site or downtime.

EZ Traffic-Host does not guarantee that our services will be uninterrupted or error free. EZ Traffic-Host will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions.

In no circumstance will EZ Traffic-Host be liable for any claims resulting from the use or inability to use EZ Traffic-Host services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, loss of design of a web site, loss of marketing or advertising programs, deleted accounts, unauthorized access to EZ Traffic-Host.

EZ Traffic-Host will assume and acquire other hosting firms and accounts. If your account has been assumed by EZ Traffic-Host thru an acquisition or a purchase, in no way is EZ Traffic-Host liable for any contracts, obligations, agreements that was agreed upon with the prior company. Once the acquisition is announced to the client by the initial email or phone call letting client know that the account has been acquired all the terms and conditions and terms of service posted on this page are now in effect to the acquired client. Client will need to contact the previous company for any contractual agreements or obligations that was promised by previous company prior to the acquisition. If in anyway you do not agree to the terms and conditions listed on this page you may cancel your account with us by requesting cancellation by emailing support@eztraffic-host.com. The client is responsible for downloading there own files, databases and emails as once the cancellation is requested all files for the domain name are removed and domain name renewals are no longer renewed. EZ Traffic-Host is also not responsible for the domain registration or renewal of the clients domain name or domain names previously setup by the previous web host now acquired by EZ Traffic-Host. Client is responsible for making sure the domain name is properly renewed with the registrar that was used by the previous web host company. If there are any disagreements with rates, renewals, domain name registration ownership they will need to be handled directly with the previous web host that EZ Traffic-Host acquired as EZ Traffic-Host is not liable to any previous contractual agreements or terms prior to the acquired web hosting assets.

Full payment of amount specified is required before any hosting service is rendered, which includes renewals. All payment requested would be sent via electronic email (“e-mail”). Pre-paid accounts are due at the time of the accounts anniversary, the customer will again be notified by email of payment due date.

The customer is eligible to cancel a non-contract web hosting service at anytime. EZ Traffic-Host offers a monthly contract agreement, a quarterly contract agreement, a semi annual contract agreement and a one (1) year contract agreement, which the user is bound to such contract period with no cancellation policy. All payments must be made in full for all contract periods. Once the payment is received for a full contract period, the refund is no longer valid after 30 days.

Monthly Clients - Monthly clients will be able to cancel there accounts at anytime, but will not receive any type of refund for the days used or un-used for the account.  Once a client also requests cancellation by email or written notice, the account will be canceled right away, and no further services are provided.

EZ Traffic-Host is not responsible for any fees incurred by any other party including 3rd party agencies, or PCI Compliant vendors, security checks by PCI Compliant vendors which will cause the client to incur a fee of not being compliant. is in no way handled by EZ Traffic-Host.  EZ Traffic-Host will provide PCI Compliance on certain packages located on our web site, but will not guarantee compliancy and will not in anyway be responsible for fees incurred by not being PCI Compliant if a clients site does not pass the scans. EZ Traffic-Host will also not provide any type of refund if a client receives any type of bank fees caused by EZ Traffic-Host running a charge on a bank account or credit card for hosting services.  Client is responsible for making sure money is deposited in the account prior to the hosting date that charges will be deducted from the clients credit card.

Domain registration and setup fees are nonrefundable. The account holder is responsible for all money owed on the account from the time it was established to the time that the customer notifies EZ Traffic-Host of cancellation. Additional features can be added to your account at anytime. The customer may also upgrade their account at anytime without any penalties. If your web site has an overdue or unpaid balance, EZ Traffic-Host will temporarily suspend your account, till the payment is furnished.

All cancellations must be received with a 30 day notice.

We are sure you will enjoy your service with EZ Traffic-Host that is why we include a 30-day money back guarantee with all our hosting packages. If you are dissatisfied with your service for any reason, you will receive a full-refund within the first 30 days of your account activation (minus setup fees.) It is also not possible to refund a Miva license issued with our E-Commerce packages. This money back guarantee is not available after 30 days of the account activation. All cancellations must be received by either email, postage, or by a support ticket prior to 30 days of the account activation.

You agree to use all EZ Traffic-Host services at your own risk. EZ Traffic-Host disclaims all warranties of merchantability and fitness for a particular purpose. EZ Traffic-Host is not liable for any loss, or loss of data, or commercial damage, including but not limited to special, incidental, consequential or other damages. By accepting this Agreement, you agree to waive and hold EZ Traffic-Host responsible for any claims relating to any action stated above. Customer agrees to defend EZ Traffic-Host from any and all demands, liabilities, losses, costs, claims, including attorney fees asserted against EZ Traffic-Host, it’s employees, agents, customers, officers, that may arise.

You may cancel your EZ Traffic-Host services at anytime. If your account is on a month-to-month basis with EZ Traffic-Host, and you wish to cancel this service at anytime, you may do so by stating so in a written letter, or an email before the end of billing period. If your account is paid up front, in no means is this amount refundable, unless cancellation is requested 30 days of account activation. Some EZ Traffic-Host packages include a set up fee, even within the first 30 day period, set up fees are non refundable.

EZ Traffic-Host charges a $25.00 fee for returned checks, and a $25 fee for charge backs. For international customers if you are using EZ Traffic-Host services, the amount must be drawn in US dollars.

If client has a balance due at the time of cancellation, this balance must be paid in full. All overdue balances and or financial obligations must be paid in full before the cancellation is considered complete.

Transferring of your domain to another hosting or service provider does not constitute of canceling your account. EZ Traffic-Host must be contacted formally to avoid further charges.

The client is only allowed a full credit excluding setup fees if the account is canceled prior to the 30th day of service, with a cancellation email to EZ Traffic-Host.com only. If the service is over 30 days, the client is not eligible for a refund. In any case if the client has pointed the Name Servers to another host, a refund for unused days of service is not applicable. Only time when client is fully canceled from our services is when a formal email or written notice is received requesting cancellation.

Account maintenance issues can be handled by your high tech state of the art Control Panel.

EZ Traffic-Host is only responsible to present owner with web hosting services. We verify ownership by credit card number, address, and other information stated in your account. If this information is given to someone else by the account holder and or owner the account holder is responsible for any abuse. EZ Traffic-Host keeps all information private and confidential and in no means is this information available to anyone except account holder.

The client is responsible for maintaining there storefront and retrieving orders and making sure that the complete Miva Merchant storefront no matter what version is fully operational. EZ Traffic-Host will assist in solving issues related to basic hosting troubleshooting and Miva Merchant issues related to hosting. Any support related to the actual Miva Merchant shopping cart we will help support and troubleshoot but we are not responsible for the fix or cure. If any 3rd party modules are installed in no way is EZ Traffic-Host responsible for any fixes or updates to these patches or modules, we will not support any bugs, fixes or troubleshooting of these softwares, they will have to be directed directly to the module vendor.

EZ Traffic-Host collects the following types of personal information: names, billing information, postal and e-mail addresses, phone and facsimile numbers, and support tickets.

EZ Traffic-Host will not use your personal information, billing information other than for the purpose for which it was submitted without your consent. We use your information to reply to inquiries, and billing your information to handle billing charges. No personal information or billing information on file will be used for creating aggregated databases or unlawful uses.

In no means does EZ Traffic-Host support mass emails, group emails, email bombs, hate email, or Spam. Client is responsible for keeping email storage under control.

EZ Traffic-Host is responsible for an anti-Spamming policy. Under this policy we prohibit Spam, or any unsolicited commercial email, from being sent either, over the EZ Traffic-Host network, by customers or any other users of EZ Traffic-Host including customer’s customers. EZ Traffic-Host has the right to cancel hosting services to any client not following these policies.

All services provided by EZ Traffic-Host 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 is prohibited. This includes but not limited to copyrighted material, trademark, material that advocates of calls for the commission of crimes or civil harms to any person, and intellectual property.

If in any reason a web site receives a complaint about copy right, Cease and Desist, or any legal notice for a website to be taken offline, EZ Traffic-Host has a right to take down the site immediately until the issue has been solved by both parties.

Full backups are made every night, and backups of new or modified data are made every night. EZ Traffic-Host uses state of the art backup utilities, but the customers is responsible for keeping a backup of their web content, miva merchant shopping cart files, and emails, and or any files or applications stored on EZ Traffic-Host servers. Backup utilities are included in users control panel or by using any FTP software with your FTP account. If loss of data has occurred due to an error of EZ Traffic-Host, we will attempt to recover the data for no charge. Backups are made for server restoration purposes only. EZ Traffic-Host is not responsible for loss of data due to negligence of client, EZ Traffic-Host will still attempt to recover files and data, but not guaranteed. We also provide off-site nightly backups, but these backups are for website files, and miva merchant files only, we do not backup emails and will not restore email accounts. Client is responsible for keeping and restoring email accounts and emails. Email accounts and emails are backed up once a week and are restored at a per account basis if requested, but it is the clients responsibility to backup emails, EZ Traffic-Host is not responsible for backups of emails and email accounts.

Its the users right to backup there own web site, if in any case the web site files are not restorable by backup, EZ Traffic-Host has no responsibilities for web site files or content, shopping carts, or any other information previously hosted on EZ Traffic-Host servers.

Upon written or verbal cancellation to EZ Traffic-Host for a request of cancellation, all files, emails, web site content, MySQL database, shopping carts and all account information including credit card information is removed immediately from all servers of EZ Traffic-Host. We do keep a 14 day retention period of data on backups, but after 14 days after the cancellation notice and removal of the account, all data and files and account information are fully removed from the servers and possession. We are not liable for any web site data or files once the customer has requested cancellation of there web hosting account with EZ Traffic-Host.

Resellers are responsible for providing support to your clients, EZ Traffic-Host will provide you with high priority support.

Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts, this will not be done until discussed with you, before hand.

It is the clients responsibility to renew the domain name and contact EZ Traffic-Host to do so if the domain name was registered by EZ Traffic-Host. Notices will be sent 14-30 days prior to expiration. If the client has provided there email address to be listed as the domain names admin contact. If the domain name is in EZ Traffic-Host name, the domain name will only be renewed automatically if a client has a valid credit card on file with an active hosting account. All other domains with no valid hosting account or credit card will be expired, and can be renewed only within a 14 day grace period after expiration. If the domain is in redemption the client will have to pay a fee of $75-$150 to gain the domain back from the registrar. If the domain name has expired due to the client not contacting EZ Traffic-Host in a written notice. In any case if a domain name expires, EZ Traffic-Host is not responsible for any damages or losses due to the web site not being present on the web. There is a charge of $15-$25 a year price for domain name renewals. If the client fails to pay for a domain name that has already been renewed by EZ Traffic-Host, EZ Traffic-Host holds the full right of owning the domain name from them forward with no exceptions.

We strive to provide great uptime. We offer the following SLA (Service Level Agreement).

EZ Traffic-Host will endevour to provide world class web site uptime. "Web Site Uptime" is the percentage of time per month (based on a 30 day month, 43200 minutes) that the content of your Web site is available for access by third parties via HTTP and HTTPS, as measured by EZ Traffic-Host. If your Web Site Uptime is less than 99.9%, EZ Traffic-Host will issue a credit to your account in accordance with the following schedule. (Credits will be calculated on the basis of the monthly service charge paid for the affected Services):

Web Site Uptime
Credit Percentage

99.9 to 100%
0%

98% to 99.8%
10%

95% to 97.9%
25%

90% to 94.9%
50%

89.9% or below
100%

Web Site Downtime (in minutes)
Credit Percentage

less than 42.2 mins
0%

42.3 - 864 mins
10%

865 - 2160 mins
25%

2161 - 4320 mins
50%

greater than 4320 mins (72 hrs)
100%

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

Circumstances beyond EZ Traffic-Host control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement

• Failure of access circuits to the EZ Traffic-Host Network, unless the failure is caused solely by EZ Traffic-Host.

• Emergency maintenance, scheduled maintenance, and system upgrades .

In order to receive credit send us an email to support@eztraffic-host.com. The request must be received by EZ Traffic-Host within ten (5) business days after customer's Web Site was not available. If the unavailability is confirmed by EZ Traffic-Host, credits will be applied to the current billing cycles after EZ Traffic-Host receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by EZ Traffic-Host and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site. The SLA applies to all clients that host with EZ Traffic-Host and are current (i.e., not past due) for all accounts and services provided by EZ Traffic-Host.

You can contact us at support@eztraffic-host.com if you have any questions about this policy.

EZ Traffic-Host reserves the right to edit the these terms at anytime.