Terms of Use

Company Policy

EZ Get Cloud policies are intended for all the domains residing on the EZ Get Cloud Network, servers including individuals, businesses, and organizations. EZ Get Cloud strives to provide the best possible services that it has maintained since early 2008, to all its customers.

We would like to accustom you with our policies as these automatically apply to all the Clients requesting or using EZ Get Cloud's services. EZ Get Cloud reserves the right to discontinue or deny the service to anybody who violates the services. The policies that we provide are subject to change without prior notification. Therefore, it is the sole responsibility of the Client to be aware of the changes and the updates made to the policies.

General Policies

EZ Get Cloud enforces its policies strictly and actively, and security of the information provided by you is ourutmost concern. As per our policy, we will never decimate, share or trade your information as we strive to earn your confidence. EZ Get Cloud acts as a provider of Internet presence and expects its customers to use Internet with respect, responsibility and conscientiousness, giving due respect to the rights of other users. Our equipment and connectivity constantly maintain an optimal standard. There are various legal and ethical responsibilities associated with the use EZ Get Cloud’ service and equipment.

Use of EZ Get Cloud service constitutes acceptance and agreement to EZ Get Cloud’ AUP (Acceptable Use Policy) as well as EZ Get Cloud’ TOS (Terms of Service) EZ Get Cloud reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS. All users of EZ Get Cloud’ Internet services, and their Clients, must comply with this AUP and our TOS.

IMPORTANT NOTICE: *All Payments to EZ Get Cloud Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. EZ Get Cloud may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your EZ Get Cloud account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understanding of EZ Get Cloud’ Acceptable Use Policy. The following are guidelines for the establishment and enforcement of EZ Get Cloud’ AUP. If a EZ Get Cloud account violates this

Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, it could result in immediate termination of service.

The following constitute violations of this AUP:

Illegal Activities: EZ Get Cloud’ services may not be used for illegal purposes, or in support of illegal activities.

EZ Get Cloud reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people: You may not use EZ Get Cloud' service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use EZ Get Cloud' service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous mailers or nicknames does constitute impersonation.

Unsolicited e-mail, news bombing (spam), and use of the EZ Get Cloud service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Spam complaints will be sent to the e-mail address on file. Violations of this type will result in the immediate suspension of the offending website on the EZ Get Cloud server. Failure to respond to complaints within a 24 hour timeframe will result in the EZ Get Cloud abuse staff suspending the offending website or shared hosting account by whatever means necessary. Should the account become re-activated without the express written consent of EZ Get Cloud’ Abuse Department, the offending website or shared hosting account will be immediately terminated, and may result in suspension/termination of the server should the site and/or Client re-appear on the server. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various spam databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer.

Any server guilty of a second violation will be immediately and permanently removed from our network without notice.

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending EZ Get Cloud account.

Copyright or trademark infringement: Use of the EZ Get Cloud service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the EZ Get Cloud service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, distribution and/or posting of copyrighted material or the aforementioned infringements will not be tolerated.

Network disruptions: Use of the EZ Get Cloud service for any activity which affects the ability of other people or systems to use EZ Get Cloud services or the Internet is prohibited. This includes "denial of service" (DOS) attacks againstanother network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. EZ Get Cloud will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. EZ Get Cloud does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the EZ Get Cloud service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of EZ Get Cloud’ or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending EZ Get Cloud account is subject to immediate termination.

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 security of another account or attempt to gain unauthorized access to another network or server.

Security Risk: Should any box become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. EZ Get Cloud will attempt to contact the server owner, giving 24 hours notice, after which time, we will attempt to gain entry to the server with passwords on file. Should the passwords not be accessible to EZ Get Cloud staff, EZ Get Cloud reserves the right to attempt to gain entry to the server. In extreme circumstances involving flagrant illegal acts or activities, upon email, and phone contact if no response is given within 1 hour, EZ Get Cloud reserves the right to attempt to gain immediate entry to the server for security purposes only. Clients refusing to provide access under such circumstances are subject to a fine of $150.00.

Network Security: EZ Get Cloud accounts operate on shared network resources.

Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF EZ Get Cloud AUP

EZ Get Cloud requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at This email address is being protected from spambots. You need JavaScript enabled to view it. . If possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

EZ Get Cloud - Terms of Service (TOS)

Use of EZ Get Cloud’ service constitutes acceptance and agreement to EZ Get Cloud’ AUP (Acceptable Use Policy) as well as EZ Get Cloud’ TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to EZ Get Cloud, the usage of "you", "your", "they", "them" shall refer to Client/Customer of EZ Get Cloud.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by EZ Get Cloud, that you are agreeing to our TOS, AUP, and SLA. No modifications

of said contract by Customer is allowed.

2. EZ Get Cloud will provide, and Customer will purchase and pay for, the services, and service fees specified in the order for the applicable service description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any hosting services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay EZ Get Cloud any additional fees as specified in the service description within three (3) days of invoicing period. Any bandwidth overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

Payment

Establishment of this service is contingent upon receipt of payment from Customer to EZ Get Cloud. Subsequent payments are due on the anniversary date of the month for that month's service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/30) number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees

Acceptable means of payment are credit card, PayPal, and wire transfer. PayPal payments must be submitted to This email address is being protected from spambots. You need JavaScript enabled to view it. . Payments made via PayPal will be reflected to the account within 24 business hours.

Accounts paid by wire transfer must submit semi-annual payments for service. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee.

Service will be interrupted on accounts that reach 5 days past due. Service interrupted for any reason is subject to a $200.00 reconnection charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectible by EZ Get Cloud will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than fifty ($50.00) nor more than one hundred fifty ($150.00).

Delinquent Accounts

EZ Get Cloud may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts

Should your reseller account become delinquent, and payment not made to EZ Get Cloud, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the EZ Get Cloud billing department to resolve the issue will allow for the reseller's Client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the Client prior to lifting the service suspension. Resellers shall not hold EZ Get Cloud responsible for failure to appropriately pay their invoices in a timely manner set forth in your original contracts.

Account Cancellation

All requests for canceling any service/services must be made in writing at least 11 days before renewal and e-mailed to This email address is being protected from spambots. You need JavaScript enabled to view it. or faxed to 201-603-6506. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM EST Monday - Friday. An account is not cancelled until a confirmation is sent.

Refunds and Disputes

All payments to EZ Get Cloud are nonrefundable. This includes any setup fees and monthly fees regardless of usage.

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in EZ Get Cloud’ discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service.

Definitions

Dedicated Servers is defined as servers that are rented to Clients. This service is to provide the Client with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and system administration may be performed free of charge. In addition to these services, System Administrators may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to an $80.00 an hour labor fee, billed in ½ hour increments during office hours between 8:00AM - 10:00PM Eastern Time. EZ Get Cloud will not perform maintenance, security checks, or management without Client initiating such request. EZ Get Cloud does not take responsibility for the overall security of servers.

Co-Location Services is defined as servers that are the property of the Client. The Client is renting rack space, bandwidth, and Ethernet ports from EZ Get Cloud. Client is responsible for supplying replacement parts, and software media. EZ Get Cloud may provide such hardware in requested situations, but is not liable to provide such equipment in any specific timeframe, unless agreed upon by approved EZ Get Cloud representatives. All services performed on the Clients’ servers are subject to a $150.00 per hour labor fee. EZ Get Cloud does not take responsibility for the overall security of servers.

Network Uptime is the total time in a calendar month that the EZ Get Cloud network is available through the internet as monitored by internal EZ Get Cloud monitoring systems. Downtime is considered to be the amount of time that a customer’s service is unavailable due to network and/or power outages within the EZ Get Cloud network as monitored by internal EZ Get Cloud monitoring systems. Downtime does not include scheduled maintenance, emergency maintenance, planned network upgrades, server hardware failures, malicious attacks such as Denial of Service attacks, individual or multiple TCP/UDP/ICMP outages that occur on a customer’s server or private network that are not caused by an internal network and/or power outage within the EZ Get Cloud network, acts of omission or errors on the part of the customer, legal actions taken against a customer and/or their associated service with EZ Get Cloud and software licensing related issues. EZ Get Cloud takes responsibility for network and power availability within our network; however, we will not be held liable for upstream problems outside of our network. Our guarantee is that our network will be available to Clients 100% of each calendar month, free of any network outages that render 100% packet loss.

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A network outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in EZ Get Cloud’ network as confirmed by EZ Get Cloud. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any EZ Get Cloud 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 with a minimum of 24 hours notice.

SLA Network Violation Credit occurs when our network uptime guarantee is not met. EZ Get Cloud will refund the Customer 5% of the monthly fee for each hour of downtime (up to 100% of your monthly fee) for network downtime as defined by our Network Uptime policy. The total amount credited shall never exceed the total amount paid by a customer for a specific SLA affected service within a given calendar month. Credits are exclusive of taxes or other government fees paid by customer for the affected services. In order to request a performance credit, you must e-mail our sales department, within 5 days of reported violation, at This email address is being protected from spambots. You need JavaScript enabled to view it. SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM Eastern Time and applied on the 1st business day of the next month.

Performance credit exclusions: The following are excluded from the monthly calculation of Service Availability:

  • Scheduled downtime.
  • Problems outside of EZ Get Cloud’ network (upstream providers, or Client's inbound connection) not affecting 100% loss to our network.
  • Interruptions or failure of individual service caused by Client, their employees, Client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, Client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Server Hardware for Dedicated or Co-Located Servers Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for Co-Located Servers, unless Client provides their own switch.

Hardware replacement will occur within 6 hours of the reported problem, EZ Get Cloud will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of Customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out hard disks, so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must e-mail sales, within 10 days of reported violation, at This email address is being protected from spambots. You need JavaScript enabled to view it. . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM Eastern Time. Hardware SLA violations do not cover network violation.

Performance credit exclusions: The following are excluded from the monthly calculation of Service Availability:

  • Scheduled downtime.
  • Interruptions or failure of individual service caused by Client, their employees, Client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, Client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.

Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted operating system, data files, or configuration of server, EZ Get Cloud will restore the system to original state.

EZ Get Cloud is not responsible for the restoration of data to server. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the Client are responsible for data restoration. EZ Get Cloud shall not be liable for loss of data under any circumstance.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of EZ Get Cloud and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of EZ Get Cloud. Subscriber further acknowledges that EZ Get Cloud 's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall EZ Get Cloud be liable for any special or consequential damages, loss or injury.

If you have any questions or concerns regarding any of the above mentioned policies, please contact us.