If it's illegal, we don't want it on our servers, this includes pirated files, mp3's you have no license to redistribute, a message forum you run that's not licensed for your use, or anything else that could be deemed illegal or obscene. We don't want spam, we don't want bulk mailers, if your site has a mailing list, you better make sure it's double opt-in (if you don't know what that is, ask us) or eventually, someone will report you as a spammer if you have more than a handful of subscribers.

No message forums that are not database driven, they simply eat up too much CPU due to their inefficiency. Most message boards that are perl based, database or flat file driven, will likely become too CPU hungry unless your forum is pretty low key.

If your script runs off with the CPU, we will kill it, and then we'll try and help you make sure it doesn't happen again. If it keeps happening the script will have to be disabled. It's unfair to the other people on the server.

Refunds: 30 day money back guarantee if you're dissatisfied with our service (or just don't need it), as long as you didn't violate the TOS or AUP. For prepayments we refund the unused portion of the year as if you were paying the regular price (it is supposed to be for a year after all, not 6 months then cancel). For example, you pay $99.99 for the year, then cancel 10 months later, well 10 X 9.99 = $99.99, you've used up all your paid time. If you cancel after 6 months the refund would be $99.99 - (6 x 9.99) = $40.05 rounded to $40.00.

Backups: We supply backups, you have to download them. We don't guarantee backups to be on our servers so download your own backups if your site is important to you! If we have to get into the old backups on the backup server itself to restore data lost due to user error (not server error, but user error) then there is a $45.00 fee for the time spent.

Changing your hosted domain: if you signup for hosting, and later wish to change your hosting plan to host a different domain name than what you originally signed up for, there will be a $10.00 fee for making this change for you.

Addendum 01/01/2006: The web mail module for php-nuke is not allowed to be run on our servers, this module is creating a huge problem with SPAM and will no longer be allowed. If we find it we WILL delete it without ANY warning, if we find it a SECOND time, we will suspend your site until you acknowledge that you WILL NOT run this module. Additionally, formmail.php and formmail.cgi for feedback scripts, etc IS NO LONGER ALLOWED. If you must use a formmailer use the formmailer such asdbmaster, go to http://www.dbmasters.net/index.php?id=17 . Again we WILL delete formmailers when found, and we WILL suspend you if we find you've uploaded a non-allowed formmailer a second time until you agree to quit using them.

Addendum 01/02/2006: Excessive incoming email - if your domain receives more than 10,000 (ten thousand) emails in a single day, we may take actions to protect the server you are on from overload by null routing (see below) your mail for 48-72 hours on the first time, and 1 week the second time. If the mail flood continues we may be forced to discontinue hosting for your site, or discuss a special plan on a special server just so your email flow can be handled properly.


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.

eChaps, Inc. ("eChaps.com") agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below.

Electronic Signature:

User agrees to the be held responsible for all billing with regards to the Electronic Records and Signatures in Commerce Act (detailed below). User will receive a confirmation email with a randomly assigned password to continue with the signup procedure. Use of this random code electronically received by user at users personal email address, constitutes that user consents electronically, or confirms his or her consent as stated in section 101 part (c) subsection (ii) of the Electronic Records and Signatures in Commerce Act S761.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

eChaps, Inc. exercises no control whatsoever over the content of the information passing through echaps.com system. Use of any information obtained via echaps.com is at User's risk. Neither eChaps, Inc. nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does eChaps, Inc. make any warranty as to the results from use of the Service.

THE SERVICE IS 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, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY eChaps, Inc., ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER eChaps, Inc., NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL eChaps, Inc., ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT eChaps, Inc., IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, eChaps, Inc., LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of eChaps, Inc. in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold eChaps, Inc., its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by eChaps, Inc., its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify eChaps, Inc., in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and eChaps, Inc. shall confer as to and agree on the legal counsel (s) to be selected in any such defense.

Age Limit

User represents to eChaps, Inc., that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. eChaps, Inc. has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

restrict or inhibit any other user from using and enjoying the Internet; post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post on web space provided any sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancel bot, trojan horse, worm or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING"); allow users to run Mail list, Listserv or any form of auto-responds from User's account;

run or activate processes while User is not logged in;

violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of ping bots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES");

or violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account. eChaps, Inc., has no obligation to monitor the Service. However, User agrees that eChaps, Inc., has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. eChaps, Inc., will not intentionally monitor or disclose any private E-mail message unless required by law. eChaps, Inc., reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. eChaps, Inc., reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of eChaps, Inc., following payment of a reconnection charge, to be determined by eChaps, Inc., in its sole and absolute discretion.

Messaging

User agrees to limit their use of the eChaps, Inc. service, specifically regarding the use of eChaps, Inc.'s electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the eChaps, Inc. service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. eChaps, Inc., RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF eChaps, Inc. SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR eChaps, Inc. SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, eChaps, Inc., RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF eChaps, Inc. SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Limitation of Web Hosting Services

Although eChaps, Inc. may advertise "Unlimited Bandwidth" in regards are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of eChaps, Inc. services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by eChaps, Inc..

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions

Although we may advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system. Limitation of Dial-Up Services

Although eChaps, Inc. may advertise "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of eChaps, Inc. services by any such User, which restricts overall eChaps, Inc. system availability for other such Users. These limitations apply only to Dial-Up access services offered by eChaps, Inc..

Idle Timeout

User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the eChaps, Inc. service. Maximum Single Session User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.

Minimum Re-Connect Limit

User understands they cannot log back onto the eChaps, Inc. system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Terms of Payment

A credit card or Pay Pal User agrees to allow "eChaps, Inc." to bill his or her card or Pay Pal account on each successive billing date without obtaining User's permission after the initial charge. A credit card or Pay Pal User shall notify eChaps, Inc. of any changes in credit card number or expiration date or Pay Pal account changes. If the card or Pay Pal account is not honored for any reason, eChaps, Inc. will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. eChaps, Inc. will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $20.00.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by eChaps, Inc. in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $20.00 will be added to the charges for additional Service.

eChaps, Inc. maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event eChaps, Inc. utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of eChaps, Inc. attorneys' fees and costs in the collection of these sums. eChaps, Inc. reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel

eChaps, Inc. reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. eChaps, Inc. will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month. User must notify eChaps, Inc. via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by eChaps, Inc. are non-refundable.

No Confidentiality

Information transmitted through echaps.com and through the Internet in general is not confidential. eChaps, Inc. cannot and shall not guarantee privacy or protection of any User. eChaps, Inc. reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of eChaps, Inc..

Non-transferable

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup

eChaps, Inc. does not and will not perform system backups on any User's E-mail account (s). eChaps, Inc. shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, eChaps, Inc. will not provide historical data, to any party for any reason, regarding any system or Internet activity. eChaps, Inc. does not and will not perform system backups on any User's personal web site account (s). eChaps, Inc. shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, eChaps, Inc. will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

eChaps, Inc. may deny User access to all or part of the Service without notice if User engages in any conduct or activities that eChaps, Inc. in its sole discretion believes violates any of the terms and conditions in this Agreement. If eChaps, Inc. denies User access to the Service because of such a violation, User shall have not right (1) to access through eChaps, Inc. any materials stored on the Internet, (2) to obtain any credit (s) otherwise due to User, and such credit (s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through eChaps, Inc., and eChaps, Inc. shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to eChaps, Inc.'s system for periods exceeding (8) eight hours, in any single continuous session. User authorizes eChaps, Inc. to enforce these restrictions by appropriate software and network measures, automated and manual. User agrees to notify eChaps, Inc. if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to eChaps, Inc..
Null Routing
The simple fact is, if your domain gets so much email it affects the server, we will null route your email.

How much is too much? AT LEAST but not less than 1 thousand emails in a day's time to a single domain. Most likely we won't even notice 1K emails in one day but when we see "spam floods" it's not 1K it's usually 10K+ but we're gonna set the official limit at 1 thousand emails in one day.

what is null routing? Simple really, we set your MX record to point at 127.0.0.1 anyone trying to deliver email to the domain does a dns look up and then sends email to local host (aka themselves). For "real" email this should result in a nice bounce message to the sender so they know they didn't reach you, for SPAM this will typically SLOW DOWN their OWN server and usually quickly results in them leaving your domain alone in the future... They can't handle 40 smtp connections per second anymore than we can :)

how long will I be null routed? 48-72 hours on the FIRST time, we'll then undo the null routing and see how it goes, if things calm down (they usually do) then that's that. A SECOND time we'll null route for 1 week. If it happens a 3rd time that your domain gets so much email we have to take action? Well either new hosting will have to be found or we'll have to put you on a server STRICTLY for "heavy use" domains, at an additional cost per month ($39.99 per month minimum).

how can I help protect against this? Several things "help", the main help is to set your catch-all to notify sender the address doesn't exist, DO NOT set it to discard (black hole) and for heavens sake, don't point it at a gmail account! (or other off site or for that matter, on site email). Just bounce that crap right back to the sender, the bounce happens while the smtp connection is open and that helps a lot, most spam servers will quit sending you email because it's more efficient to remove bad addresses than it is to waste time with them over and over again.

In Direct Admin, select Catch All - then : Fail: The sender is notified that the address doesn't exist. This causes the LEAST load on the server

I am adding this to our TOS the part about null routing domains with too much email. This is no different than a ddos on your web site, if you get dossed we will null route your web site, if your email gets ddosed (dspammed?) we have to null route it until things get better.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. eChaps, Inc.'s failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. eChaps, Inc. may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. eChaps, Inc. shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of eChaps, Inc.. Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming eChaps, Inc. as the defendant, shall be proper only in a venue determined by eChaps, Inc.. In any action between eChaps, Inc. and User to enforce any of the terms of this Agreement, eChaps, Inc. shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and eChaps, Inc. with respect to the Service.