Terms of Service and Disclaimer

This document, hereinafter, "TOS" or "Agreement," is a legal agreement between the Client and eeep! productions. By accepting services from eeep! productions, you agree to be bound by the terms and conditions of this Agreement. eeep! productions's obligation to provide services to the Client is conditioned on the Client's continued adherence to the following terms and conditions:

All services provided by eeep! productions may be used for lawful purposes only. The transmission or storage of any information, data or material in violation of any applicable law, including but not limited to United State Federal State and Local law. Violations of this paragraph include, but are not limited to: the transmission or storage of trade secrets, copyrighted material, material judged to be threatening or obscene, or material protected by any other statute. The Client agrees to indemnify and hold harmless eeep! productions from any claims resulting from the use of services in violation of this section.

Any access to other networks connected to eeep! productions must comply with the rules and regulations governing such networks.

Payment for any charges is due 30 days after the date of invoice. All payments must be made in US dollars. Accounts which have charges outstanding for over 30 days from the date of invoice shall be deemed to be in default, and subject to termination of service. In the event that Client's check is not honored by the bank against which it is drawn, the Client will be liable for an additional charge of US$25.00. Any charge that is not paid within 30 days from the date of invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law.

In the event a Client's account is in default, eeep! productions shall have the right to discontinue service. eeep! productions shall further have the right to delete all files, information and mail under the account. Once eeep! productions discontinues service under this paragraph, if the Client wishes to utilize the service again, the Client must re-apply as a new Client, and pay any and all fees required for new Clients, including, but not limited to activation and start-up fees. All compensation due eeep! productions for work completed on behalf of the Client, once any down payments have been paid to eeep! productions by the Client, will remain due and payable in full.

If not utilizing webmaster services provided by eeep! productions, the Client shall keep in a secure location copies of data, information and material stored with eeep! productions, and shall use such external         procedures as are necessary for the reconstruction of such data in the event of loss or alteration. The Client shall further immediately report to eeep! productions any loss or errors in the information, data and material and provide eeep! productions with an accurate copy. eeep! productions shall bear no liability for the loss or alteration of such data resulting from the failure to properly maintain such backup copies and procedures.

The Client certifies that he or she is at least 18 years of age, and is legally able to enter into contracts under the law of the Client's country of residence.

Charges for services under this agreement shall be in accordance with eeep! productions's price schedule in effect at the time such service is rendered. eeep! productions shall have the right to change its price schedule on 15 days notice.

eeep! productions warrants and represents to CLIENT alone, and not to any other party, that the Products shall conform to their respective functional and technical specifications as issued and amended by eeep! productions from time to time.

Violating any part of the policies as set forth in our Acceptable Use Policy may result in immediate cancellation of services: eeep! productions reserves the right to suspend service to the Client at any time, and for any reason.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS DOCUMENT, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND EEEP! PRODUCTIONS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT ANY PRODUCT FAILS TO CONFORM TO THE WARRANTIES IN THIS SECTION, THE SOLE RIGHT OF THE CLIENT, AND THE SOLE RESPONSIBILITY OF EEEP! PRODUCTIONS, SHALL BE FOR EEEP! PRODUCTIONS TO USE COMMERCIALLY REASONABLE EFFORTS TO CAUSE THE PRODUCT TO CONFORM TO THE APPLICABLE FUNCTIONAL AND TECHNICAL SPECIFICATIONS. THE SOLE LIABILITY OF EEEP! PRODUCTIONS TO CLIENT AND ANY OTHER PARTY FOR ANY CLAIMS ARISING FROM A FAILURE TO PROVIDE THE PRODUCTS IN ACCORDANCE WITH THIS AGREEMENT, SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO MAKE THE APPLICABLE PRODUCTS AVAILABLE AS SOON AS PRACTICAL AFTER EEEP! PRODUCTIONS HAS RECEIVED NOTIFICATION THEREOF. EEEP! PRODUCTIONS EXERCISES NO CONTROL OVER THE CONTENT OF THE INFORMATION, DATA AND MATERIAL STORED OR TRANSMITTED THROUGH ITS SYSTEMS, AND SHALL NOT BE HELD LIABLE BY ANY PARTY FOR SUCH CONTENT. THE SOLE CUMULATIVE LIABILITY OF EEEP! PRODUCTIONS FOR ALL CLAIMS MADE BY CLIENT OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT, OR STRICT LIABILITY THEORIES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO EEEP! PRODUCTIONS FOR THE APPROPRIATE PRODUCT DURING THE MOST RECENT ONE MONTH PERIOD. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHICH OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THIS PARAGRAPH SPECIFIES CLIENT'S AND ANY OTHER PARTY'S SOLE MONETARY REMEDY.

ACCEPTABLE USE POLICY

I.  Introduction

This Acceptable Use Policy ("AUP") has been created by eeep! productions and all of the entities controlling, controlled by, or under common control with eeep! productions to promote the integrity, security, reliability and protection of  eeep! productions's network, facilities, offerings, and Clients. eeep! productions may modify, without prior notice, this AUP as  eeep! productions deems appropriate and such modified AUP will be effective upon posting on  eeep! productions's website.  Throughout the term of its Agreement with eeep! productions, Client must ensure that the use of any service, product, or resource offered, owned, or controlled by  eeep! productions to Client ("Service") conforms to eeep! productions's then-current AUP.  Client will be held responsible for its use, its systems, the users of its systems and offerings, and, in the case of resellers, any third-party use.

II.  Prohibited Uses

The Internet is a global interconnection of multiple networks that physically exist in multiple counties with diverse laws, regulations, and orders ("Laws").   For the purposes of this AUP, terms like "unlawful" or "illegal" apply to Laws globally and within the framework of applicable governing bodies. It is Client's responsibility to be aware of the Laws that apply to the use of the Service and to ensure compliance with such Laws. eeep! productions will cooperate with all court orders, subpoenas, and other similar government requests ordering  eeep! productions to disclose information about use of the Service.

The Service shall not be used to post, transmit, re-transmit or store material which, in the judgment of eeep! productions:

Violates local, state, federal, foreign, or international Law;

Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity ("Person").

In addition to the other requirements of this AUP, the Service may be used only in a manner that in eeep! productions's  sole discretion is consistent with the purposes of such Service. Client should contact eeep! productions if it is unsure of whether any contemplated use or action is permitted.

By way of example, and not limitation, uses described below are expressly prohibited:

General :

Deceptive or fraudulent practices.

Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a Client, eeep! productions, or otherwise, in its use or enjoyment of any eeep! productions Service.

System and Network :

The deliberate transmission of computer viruses worms, trojan software, or other malicious programs.

Interfering with, disrupting, or denying service including, but is not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g., denial of service attacks).

Attempting to gain unauthorized entry to any site or network including but not limited to executing any form of network probing, monitoring or other information-gathering activities on someone else's site, server or network. This includes but is not limited to all eeep! productions servers and equipment.

Attempting to circumvent host or user authentication or other security measures of any host, network or account.

Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.

Some of eeep! productions accounts operate on shared resources. Excessive use or abuse of these shared network resources by one Client may have a negative impact on all other Clients. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other Clients or the performances of eeep! productions systems or networks. eeep! productions reserves the right to terminate or limit such activities.

Mail :

Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous Clients or with whom the sender did not have an existing business relationship ("E-mail spam"). eeep! productions reserves the right to determine in its sole discretion and based on the information available (1) what constitutes spam as well as (2) what measures are necessary in response to spamming complaints.

Harassment including, but not limited to, through language, frequency or size of messages.

Unauthorized use, or forging, of mail header information.

Solicitations of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.

Creating or forwarding "chain letters" or other " schemes" of any type.

Use of unsolicited E-mail originating from within eeep! productions's network or networks of other Internet Service Providers on behalf of, or to advertise any service hosted by eeep! productions, or connected via eeep! productions's network.

Usenet Newsgroups :

Posting the same or similar messages to large numbers of Usenet newsgroup ("Newsgroup spam").

Posting excessive numbers of identical or similar messages to any number of Usenet newsgroups from eeep! productions's network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by eeep! productions, or via eeep! productions's network.

Posting chain letters of any type.

Posting encoded binary files to newsgroups not named for that purpose

Cancellation or superseding of posts other than your own

Forging of header information of the poster's account or service.

III.  Additional Obligations

Bulk Email:

Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists.  The source of the addressee's address must be included in each bulk email message.  Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list.

Service Resale:

Service or any portion of Service will not be resold unless authorized by eeep! productions in an executed wholesale contract.

Password Protection:

Client is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks.

Obscene Material:

Pornography and sex-related merchandising are prohibited on any eeep! productions server. eeep! productions will be the sole arbiter as to what constitutes a violation of this provision. eeep! productions will be  the sole arbiter as to what constitutes a violation of this provision.

Content Ownership:

Client is responsible for all content or information residing on, obtained or transmitted via the Service.

Vulnerable Systems:

eeep! productions reserves the right, without prior notice, to perform vulnerability tests on systems residing on IP address space belonging to  eeep! productions which may be allocated for Client use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. eeep! productions will use commercial reasonable efforts to ensure that such testing (1) will be non-intrusive in nature, and (2) will not adversely affect Service provided to Client or compromise the security of Client's network.

Other Activities:

Engaging in activities, whether lawful or unlawful, that eeep! productions determines to be harmful to its clients, operations, reputation, goodwill, or Client relations.

Client is responsible for correcting any system vulnerability upon notification.  Client must terminate operations of a known compromised system.

Service Provided Equipment:

Client is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.

IV.  AUP Enforcement

Violation of this AUP may subject Client to international, federal, and/or state civil and/or criminal liability, including without limitation, California Business & Professional Code Section 17538.45. Client activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Client.  eeep! productions reserves the right immediately and without prior notice to filter, block, suspend, and /or terminate access to the Service at any time for any conduct that  eeep! productions, in its sole discretion, determines violates or which may violate this AUP or is otherwise harmful to  eeep! productions's interests or the interests of others. If access is terminated, eeep! productions, in its sole discretion, may refuse to accept all new e-mail sent to the terminated e-mail address and delete Client's data stored on Service.

Disclaimer: By use of this site and its links, users agree that all information is provided "AS IS" and the inclusion of a link to a site does not, in any way, represent or imply an approval of, or a determination of the quality of that product or service, by eeep! productions. The links provided herein are maintained by their respective organizations and they are solely responsible for their content.  Users agree to hold eeep! productions harmless for any and all damages arising out of use of this service and its links.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated. This TOS supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of eeep! productions services constitutes acceptance of the terms and conditions of this Agreement.