All services provided by Ellsworth Marketing ("Ellsworth Marketing") 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 is not limited
to: copyrighted material, material we judge to be threatening or obscene,
or material protected by trade secret and other statute. The subscriber
agrees to indemnify and hold harmless Ellsworth Marketing from any claims resulting
from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to Ellsworth Marketing servers, or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL
MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE,
AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Ellsworth Marketing
WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Any attempt to undermine or cause harm to a server or customer of Ellsworth Marketing
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your
account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
All sub-networks, distributive hosting sites and dedicated servers of
Ellsworth Marketing must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
By the Account Activation Date of each month, Ellsworth Marketing shall either:
(1) debit the client's credit card (when such information has been provided
by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with
the applicable Service Fees for services rendered for the current month.
When an invoice is delivered to the client, payment shall be remitted
to Ellsworth Marketing by no later than the specified payment due date. Ellsworth Marketing
shall be entitled to immediately terminate this agreement for client's
failure to make timely payments. You will be provided with an invoice
on a monthly basis. All credit cards are billed automatically on a monthly
basis. It is the client's responsibility to ensure that they have sufficient
credit to cover this transaction. In the event that there is insufficient
credit, we will send an e-mail notification, at which point we will need
to be provided with another credit card account number within 24 hours.
If we do not receive a response within 24 hours, the account, and all
accounts under that account plan, will be suspended.
Certain services carry a setup fee charged by Ellsworth Marketing to
client, which must be paid by client in order to have use of said services.
If client terminates this agreement, client shall be responsible for any
and all outstanding fees owed to Ellsworth Marketing and agrees to pay
any and all fees incurred by client. Because the services are provided
on a monthly basis, the client will be responsible for service fees incurred
each month, regardless of when client provides notice of termination.
Thus, for example, if the client provides notice of termination on the
15th day of a particular month, the client will be responsible for service
fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid Ellsworth Marketing for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Any account deactivated due to non-payment will require a reactivation
fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days
notice for a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
Limitation of Liability
Ellsworth Marketing shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Ellsworth Marketing's servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Ellsworth Marketing shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Ellsworth Marketing ' servers. All
damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to email@example.com.
All complaints will be investigated promptly. Failure to follow any term
or condition will be grounds for immediate account deactivation.
Ellsworth Marketing cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of profits
which a client would have gained if their site was functioning. Certain
services provided by Ellsworth Marketing are resold. Thus, certain equipment,
routing, software and programming used by Ellsworth Marketing are not directly
owned or written by Ellsworth Marketing. Moreover, Ellsworth Marketing holds no
responsibility for the use of our clients' accounts. Failure to comply
with any terms or conditions will result in the automatic deactivation
of the account in question. We reserve the right to remove any account,
without advance notice for any reason without restitution, as Ellsworth Marketing
By activating your account with Ellsworth Marketing, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and
a copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you
by e-mail or phone prior to taking any action to provide you with an opportunity
to correct the problem.
Server Uptime Guarantee
Ellsworth Marketing guarantees 99.9% service uptime. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Ellsworth Marketing reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right
to increase any pricing and make changes to our account plans without
Privacy Revision date: 3/20/2009
Ellsworth Marketing has created this privacy statement in order to demonstrate
our firm commitment to privacy. The following discloses the information
gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and
to administer our Web site. We use this information for no other reason.
Our site uses an order form for customers to request services. We collect sensitive information which is used only for our
purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with
the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the
This site has security measures in place to protect the loss, misuse,
and alteration of the information under our control. We use strong SSL
encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER
OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION,
Contacting the Web Site
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site, you can contact: firstname.lastname@example.org
Acceptable Use Policy
Revision date: 3/20/2009
As a provider of web site hosting and other Internet-related services,
Ellsworth Marketing offers its customer (also known as "Subscribers")
and their customers and users the means to acquire and disseminate a wealth
of public, private, commercial and non-commercial information. Ellsworth Marketing
respects that the Internet provides a forum for free and open discussion
and dissemination of information. However, when there are competing interests
at issue, Ellsworth Marketing reserves the right to take certain preventive
or corrective actions. In order to protect these competing interests,
Ellsworth Marketing has developed an Acceptable Use Policy ("AUP"),
which supplements and explains certain terms of each customer's respective
service agreement, and is intended as a guide to the customer's rights
and obligations when using Ellsworth Marketing' services. This AUP will be revised
from time to time.
When subscribers disseminate information from the Internet, they must
keep in mind that Ellsworth Marketing does not review, edit, censor or take
responsibility for any information its subscribers may create. When users
place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation and other harmful speech.
Also, because the information created is carried over Ellsworth Marketing'
network and may reach a large number of people, including both subscribers
and non-subscribers of Ellsworth Marketing, subscribers' postings to the Internet
may affect other subscribers and may affect Ellsworth Marketing' goodwill,
business, reputation or operations. For these reasons, subscribers violate
Ellsworth Marketing policy and the Service Agreement when they, their customers,
affiliates or subsidiaries engage in the following prohibited activities:
Audio/Video Streaming is not hosting friendly. As such, Ellsworth Marketing
does not allow any streaming of audio or video content. Offending accounts
will be suspended without noticed or terminated.
Ellsworth Marketing does not allow adult content and will suspend/terminate
any offending account.
Large File Policy:
Ellsworth Marketing is not for file hosting and distribution - as such,
customers may not host any files that are observed
to be available for the sole purpose of download.
Obscene Speech or Materials:
Using Ellsworth Marketing' network to advertise, transmit, store, post, display,
or otherwise make available child pornography or obscene speech or material
is prohibited. Ellsworth Marketing is required by law to notify law enforcement
agencies when it becomes aware of the presence of child pornography on
or being transmitted through its network.
Defamatory or Abusive Language:
Using Ellsworth Marketing' network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers: Forging or misrepresenting message headers, whether in whole
or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or
networks belonging to another party, or attempting to penetrate security
measures of another individual's system (often known as "hacking").
Also, any activity that may be used as a precursor to an attempted system
penetration (i.e., port scan, stealth scan or other information-gathering
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial
of service attacks. Also, activities that disrupt the use of or interfere
with the ability of others to effectively use the network or any connected
network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software,
program, product or service that is designed to violate this AUP, which
includes the facilitation of the means to spam, initiation of pinging,
flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points
outside the United States.
Ellsworth Marketing reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
Engaging in activities, whether lawful or unlawful, that Ellsworth Marketing
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. Ellsworth Marketing will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that the comply with Ellsworth Marketing' policy or applicable law.
However, when Ellsworth Marketing becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by Ellsworth Marketing.
Finally, Ellsworth Marketing wishes
to emphasize that, in signing the Service Agreement, subscribers indemnify
Ellsworth Marketing for any violation of the Service Agreement, law or Ellsworth Marketing
policy resulting in loss to Ellsworth Marketing or the bringing of any claim
against Ellsworth Marketing by any third party. This means that, if Ellsworth Marketing
is sued because of a subscriber's activity,
the subscriber will be responsible for payment of any damages awarded
against Ellsworth Marketing, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet
users, including Ellsworth Marketing and its subscribers, as responsible
members of the Internet. Any complaints about a subscriber's violation
of this AUP should be sent to shaun[at]ellsworthmd[dot]com.
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