Terms of Service

Eye Ball Hosting Solutions ("The Company", "Eye Ball Hosting Solutions", "Eye Ball", "Fourmuella Inc.", "Fourmuella Incorporated", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is using our service(s) or product(s).

Term: Customer agrees to a month to month, semi-annual, annual, or biennual contract term for services unless otherwise agreed to in writing. The specified term contract for services is automatically renewed at the beginning of each term in perpetuity subject to written cancellation by the Customer.

1. Payments and Fees

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the specified term for that term's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriber’s credit card, check or Paypal account every term period.

You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used to service other other customers

Eye Ball may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 7 days past due.

2. Invoices and Due Dates

Eye Ball Hosting Solutions generates and sends all invoices 7 days in advance of the due date. You have 7 days to pay the payments and fees. You are responsible to pay any payments and fees by the due date.

7 days before the due date

We generate and send all invoices.

3 days before the due date

We send unpaid invoice reminder emails.

1 day after the due date

We send overdue invoice reminder emails.

4 days after the due date

We send overdue invoice reminder emails.

6 days after the due date

We send overdue invoice reminder emails.

7 days after the due date

A late fee of 5% of the unpaid invoice will be charged to your account that will be paid along with your outstanding balance. And your account will be suspended until payment is received.

After 30 days of non-payment from Invoice Due Date

Your account/service will be terminated and your all data will be deleted from the servers and billing system.

Eye Ball will not be responsible for any damages your business may suffer because of your failure to make payment. Eye Ball makes no warranties of any kind, expressed or implied, for the services we provide.

3. Price Changes

The amount you pay for hosting will never increase from the date of purchase. However, we reserve the right to change prices listed on Eye Ball Hosting Solutions, and the right to increase or decrease the amount of resources given to plans at any time.

4. Cancellations

Account cancellations must be made at least 7 days in advance via our ticket system with all customer details (i.e. billing & account information). Any missing information may delay the cancellation of your account. Eye Ball will not be responsible for any additional charges made if data is missing. Your account will be terminated and deleted within 48-72 hours of receiving your cancellation request. It is your responsibility to make backups via control panel before your account is deleted.

If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.

5. Notification of Violation

Eye Ball Hosting Solutions is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

6. Suspension/Termination

Eye Ball Hosting Solutions reserves the right to cancel your account at any time with or without notice.

• Failure to Pay Payments and Fees
• Violation of the Terms of Service
• Any issue that may affect negatively our customers or system resources

7. Spam and Unsolicited Commercial Email (UCE)

Eye Ball has a zero tolerance policy on Spam, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Eye Ball Hosting Solutions whether or not the message actually originated from our network.

Eye Ball's mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

If your actions have caused Eye Ball mail servers or Eye Ball IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $30 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

• A warning via email or phone.
• Removal of DNS for the advertised / originating site
• Immediate disconnection of service with no re-activation
• $100 fee assessed to your account for violation

8. Responsibility for Account Content & Use

All services provided by Fourmuella Inc. may only be used for lawful purposes. The laws of the State of Wisconsin and the United States of America apply.

The customer agrees to indemnify and hold harmless Fourmuella Incorporated, Fourmuella Inc., Eye Ball Hosting Solutions, Eye Ball, etc. from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@eyeballhosting.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Fourmuella Incorporated does not allow any of the following content to be hosted:

1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, virus/software that attempts to and/or cause damage, harassment, or annoyance to persons, data, and/or computer systems and any material in violation of any Federal, State or Local regulation.
2. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Material - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
3. IRC Bots/IRC related Material
4. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Eye Ball Hosting Solutions or it's parent company.
5. Pirated Software/Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
6. Proxy Scripts/Proxy related/Anonymizers Material
7. Image hosting only sites that do not host an actual domain name, unless agreed upon by written consent of Eye Ball Hosting Solutions, or by a plan/package that allows such use.
8. High-Yield Interest Programs (HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, and muds / rpg's Material.
9. Other Material - Any material we feel to be abusive, harmful or could harm service operation and/or harm other internet users. The designation of "abusive" is left entirely to the discretion of Eye Ball Hosting Solutions and Fourmuella Incorporated. All rights reserved.

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

If you are in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

9. 15-Day Money Back Guarantee

Eye Ball Hosting Solutions provides a "15-Day Money Back Guarantee". If you are not satisfied with our service and wish to cancel the service within the first 15 days, we will issue you a full refund of your original purchase price. This "15-Day Money Back Guarantee" only applies to Eye Ball's "Eye", and "Social" Series. Payments for "One-Time Services", "Extra Options", Domain Names, Domain Hosting, Software Licenses, SSL Certificates, and any setup fees cannot be refunded under any circumstances. Your "15-Day Money Back Guarantee" full refund can only be issued to your original payment source. Violations of the Terms of Service will waive the "15-Day Money Back Guarantee".

10. Refunds and Disputes

Eye Ball provides prorata refunds for 6 months, 12 months and 24 months payment terms. For example, if you paid 6 months pre-paid and want to cancel 4 months down the track, we will prorate your refund for the 2 unused months. Any refunds from Eye Ball, except for a "15-Day Money Back Guarantee", will be issued through PayPal or Credit Card only. We do not issue refunds via check or cash. Violations of the Terms of Service will waive the refund policy. The refund only applies to Eye Ball's "Eye", and "Social" Series. Payments for "One-Time Services", "Extra Options", Domain Names, Domain Hosting, Software Licenses, SSL Certificates, and any setup fees cannot be refunded under any circumstances.

Customers seeking to resolve billing errors are instructed to open a ticket inside the Eye Ball Ticket System.

All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. If you dispute a charge to your credit card issuer, Paypal, or bank that, in Eye Ball’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay Eye Ball an additional charge of $150 and will be subject to collection by an authorized collection agency, or through an extra end of the month paypment (MUST be on a monthly payment terms).

11. Credit

Any credit from Eye Ball Hosting Solutions can only be used towards your hosting service fee with Eye Ball Hosting Solutions. Any credit from Eye Ball cannot be refunded to your credit card, Paypal, bank account, or by check or cash.

12. Account

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

13. Reseller/Reselling Responsibility

Reselling is allowed on our specified packages. Subletting/Reselling of space is strictly prohibited on Shared Hosting Packages or if not stated. Shared Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.

Resellers are responsible for providing all support to their clients directly while Eye Ball Hosting Solutions will provide support directly to you. If a reseller’s client contacts us, Eye Ball Hosting Solutions reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their client’s behalf for security purposes. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. Eye Ball will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP.

A. End-User Support for Reseller Plans

With our Reseller Plans, we do provide "End-User Support" as a value-added service. There is no guarantee or warranty of any kind on our "End-User Support". As such, we will / cannot be held responsible under any circumstances. Resellers are still responsible for providing all support to their clients directly. We do not promise any response or resolution time on "End-User Support" ticket/email(s). However, we will do our best to responde and support your client. Normally, response and resolution time will be the same as the promised times for our Shared Hosting plans.

"End-User Support" means we will provide technical support ONLY to your client. If we feel a question is out of our scope, we will forward it to sales@yourdomain.com. It's your responsibility to set up sales@yourdomain.com. If your client's account is suspended due to violating our TOS and the client contacts us regarding this matter, we will forward it to sales@yourdomain.com. You will be responsible for contacting us to resolve the issue. We will not resolve the issue with your client directly.

14. Free Software Licenses

Some commercial software may be included with Eye Ball Hosting Solutions hosting services. The user may use the software license exclusively only while utilizing Eye Ball Hosting Solutions hosting services.

15. SSH/Shell Access

By default, Eye Ball Hosting Solutions does not provide SSH/shell access to our shared/reseller hosting customers.

16. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Fourmuella Incorporated will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

17. Bandwidth and Disk Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee (Available as an add-on), suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the over-usage of bandwidth.

You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process. You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space (Available as an add-on, but may not be readily available). Failure to do so will cause your account to be suspended until the next term.

18. System and Network Resource Usage

1. Use 10% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any BitTorrent application, tracker, or client.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, etc.
8. Run cron entries with intervals of less than 20 minutes

Eye Ball hosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. Eye Ball reserves the right to suspend or terminate any hosting account deemed to adversely affect server performance or network integrity.

19. Downtime

Downtime is defined as any Eye Ball Hosting Solutions scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail or an announcment on Eye Ball Hosting Solutions web site at the address http://eyeballhosting.com/announcements.php with a minimum of 24 hours notice.

20. Backup and Data Loss

Eye Ball performs backups on all of our servers to ensure critical files are not lost. Our server creates backups for users' sites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. Eye Ball is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the Control Panel. This section applies to ALL customers, clients, and guests.

21. Refusal of Service

Eye Ball Hosting Solutions, and all affiliates, partners, or it's parent company reserves the right to refuse, cancel, or suspend service at our sole discretion. Eye Ball will not be responsible for any damages your business may suffer because of this circumstance, and Eye Ball makes no warranties of any kind, expressed or implied, for services we provide.

22. No Warranties

Eye Ball Hostin Solutions makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Eye Ball Hosting Solutions or its agents or employees shall create a warranty. Eye Ball provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Eye Ball Hosting Solutions, and all affiliates, partners, or it's parent company be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

23. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Eye Ball Hosting Solutions, and all affiliates, partners, or it's parent company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Eye Ball, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Eye Ball against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Eye Ball Hosting Solutions’s server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to a customer from an Eye Ball Hosting Solutions server.

24. Disclaimer

Eye Ball Hosting Solutions, and all affiliates, partners, or it's parent company will not be responsible for any damages your business may suffer. Eye Ball makes no warranties of any kind, expressed or implied, for services we provide. Eye Ball disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Eye Ball Hosting Solutions and its employees.

25. Revisions to Terms of Service

Eye Ball Hosting Solutions reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall Eye Ball Hosting Solutions or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time. These terms are retroactive and will be applied to all customers that have purchased any services, products, or packages before these terms have been written, enforced, or revised.

By signing up with our service in any form, or utilizing our service in any form, you agree that you fully understand, fully accept, and will fully comply with our Terms of Service.

First Update: August 17, 2008
Latest Update: August 19, 2008