Software License, End-User

ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING EZ Home Inspection Software. THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE (THE “END USER”) AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE.

The enclosed computer program(s) and the accompanying documentation are provided to the End-User by RUSTY CRAIG (“Licensor”) for use only under the following terms and conditions. Licensor reserves any right not expressly granted to the End-user. The End-User owns the disc on which the Software is recorded, but Licensor retains ownership of all copies of the Software itself. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software. In other words, licensor provides the tool; its use is your responsibility. As with any new tool, you may wish to seek instruction from third parties to use the tool, or in this case, the software, most effectively.

1. License.

End-User is granted a limited, non-exclusive license to do only the following:

A. Install and maintain the Software on a maximum of two personal computers. The software may only be used by the inspector who purchased the program and may not be used by multiple inspectors under the same company.

B. Make one backup copy in machine-readable form solely for archival purposes for the computer, which the Software is installed. Copyright law protects this Software. As an express condition of this License, the End-User must reproduce on the copy Licensor’s copyright notice and any other proprietary legends on the original copy supplied by Licensor.

C. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) the End-User gives Licensor written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License. This is similar to what happens when a condominium is sold by an owner to a new owner, who then becomes bound by all the restrictions placed upon the original owner.

2. Restrictions.

The End-User may NOT sublicense, assign, or distribute copies of the Software to others. The Software contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. THE END-USER MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN SECTION l.C. ABOVE. This is similar to the rights retained by authors and publishers in the book business. No one can reproduce or plagiarize the materials in the book bought by an End-User.

3. Protection and Security.

The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor.

4. Termination.

This License is effective until terminated. This License will terminate immediately without notice from Licensor if the End User fails to comply with any of its provisions. Upon termination the End User must destroy the Software and all copies thereof, and the End-User may terminate this License at any time by doing so.

5. Export Law Assurances.

The End-User agrees that the Software is to be used only in accordance with United States laws and statutes, and will not be transferred or exported, directly or indirectly, outside the US to any country where it is so prohibited by US laws and statutes.

6. No Warranty.

Licensor provides no warranty of any kind with regards to the product. As a practical matter, however, the Licensor welcomes contact from any End-User that has any problems as to the product but offers no training as to its use. Training must be sought from experienced third parties who are available widely through references or the Yellow Pages. As with selling a car, car dealers do not take the responsibility of teaching people to drive. Similarly, Licensor does not undertake the responsibility to “teach” how to use the software included in this agreement.

No oral or written information or advice given by Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty statement regarding no warranty be given to End-User.

The inspection comments and disclaimers that are included with the software are provided as an examples only. Before using any of the content in an actual inspection report users should consult with a qualified legal representative.

NO WARRANTY IS PROVIDED, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, EASE OF USE, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSOR’S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE.

7. Enhancements.

From time to time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, “Enhancements”), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License.

8. General.

This License will be governed by and construed in accordance with the laws of the Licensor’s headquarters’ state, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the licensor’s address as listed on the product or accompanying materials.

9. Acknowledgment.

BY INSTALLING THIS SOFTWARE, THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact Licensor at the email address set forth in the accompanying software or documentation.

10. No Waiver.

The waiver or failure of either party to exercise in any respect any right provided in this agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled.

11. Entirety of Agreement.

The terms and conditions set forth herein constitute the entire agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both parties.

12. Governing Law.

This Agreement shall be construed and enforced according to the laws of the State of Missouri and any dispute under this Agreement must be brought in this venue and no other.

12. Headings in this Agreement

The headings in this Agreement are for convenience only, confirm no rights or obligations in either party, and do not alter any terms of this Agreement.

13. Severability.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

Rusty Craig
EZ Home Inspection Software
Licensor

Website Plans Terms of Service

Craig Software Solutions, LLC
DBA
EZ Home Inspection Software
EZ Home Inspection Websites
The use of services from Craig Software Solutions, LLC, d/ b/a EZ Home Inspection Websites [hereafter referred to as “EZ Home Inspection Websites”] constitutes agreement to the following Terms and Conditions as herein set out:

I. Website Creation, Set-Up, and Ownership

Customer will be able to choose from several home inspection website templates created by EZ Home Inspection Websites and customized to meet his/her specifications. EZ Home Inspection Websites retains ownership and proprietary rights of said website with exception of the images and text provided by the customer for use with said website. Customer shall pay a fee for the services of site set-up, site maintenance and rental. Any set-up fees are used for set-up only and not toward the actual purchase of the website. Customer retains any and all rights to his/her domain name(s). There are no contracts required and the customer has the right to cancel his/her services at any time by notifying EZ Home Inspection Websites at support@ezhomeinspectionsoftware.com. By the same token, EZ Home Inspection Websites may choose to cancel customer’s services at any time, with or without notice.

II. Account Creation/Email on File

Customer’s account will be created after payment has been received and the order has been screened against fraud for customer’s security.
Customer is responsible for providing a valid email address that is alternative to the address(es) in which are being registered with EZ Home Inspection Websites. This will be designated as the customer’s primary email address. Should EZ Home Inspection Websites need to contact the customer for any reason whatsoever, it will be via the primary email address listed on the account. It is the customer’s responsibility to ensure the primary email address is current and accurate. EZ Home Inspection Websites shall not be liable for any misguided emails resulting from customer’s failure to maintain an up-to-date and accurate primary email address.
Any domain name(s) registered with EZ Home Inspection Websites is/are required to have contact information for the domain account and actual domain name(s) correct and up-to-date. It is the customer’s responsibility to ensure registered domain names are as such. EZ Home Inspection Websites is not responsible for lapsed registration due to outdated and/or inaccurate contact information associated with the domain(s). Requests for verification or changes to the account may be submitted via email to support@ezhomeinspectionsoftware.com.
Please Note: EZ Home Inspection Websites reserves the right to terminate or suspend any account without notice upon reasonable evidence that false information has been submitted. In dedicated server purchases or high risk transactions, customer is required to confirm identity by submitting a valid, government issued identification. Customer may scan such identification and forward to EZ Home Inspection Websites via email at support@ezhomeinspectionsoftware.com.
Please Note: Identification submitted for purposes of verification must match the information in which he/she registered his/her account. Customer may also be required to forward a scanned copy of the credit card used for said purchase. Failure to meet any of these requirements can and will result in rejection of the order(s) and depending on circumstances, the account may be flagged as fraudulent.

Account Ownership

The credit card holder or owner of the PayPal e-mail address or other acceptable payment processing account information used for payment of the account is designated as the authorized owner of the account.

Transfer of Existing Website from Another Host

Each hosting company configures their systems in accordance with their needs and preferences. Often the data is saved in a platform which is proprietary to them and may not be compatible with other systems. Due to these factors, it is often very difficult to accurately migrate some or all of the data being held by the former Web Host.
Should the customer desire to transfer his/her existing website to EZ Home Inspection’s server(s), EZ Home Inspection Websites shall make reasonable effort to accurately transfer his/her information to the new server(s). This service is offered as a courtesy to the customer. Due to the aforesaid differences, the company makes no guarantees as to the availability of desired domain name(s) or that the customer’s website(s) can be transferred as is to any server belonging to EZ Home Inspection Websites. Further, EZ Home Inspection Websites is unable to provide exact timelines for the completion of the whole process beyond general estimates.

III. Website Content

All services provided by EZ Home Inspection Websites may be utilized for lawful purposes only. These Terms are subject to the duties and responsibilities as set out in the laws of the State of Missouri and United States of America.
Customer agrees to indemnify and hold harmless Craig Software Solutions, LLC, EZ Home Inspection Software, and EZ Home Inspection Websites from any claims resulting from the use of our services.
EZ Home Inspection Websites strictly prohibits the infringement of any copyright or trademark being the exclusive property of another. This includes but is not limited to unauthorized copying of music, books, photographs, or any other works protected by copyright and/or selling any counterfeited material of any nature lawfully copyrighted or trademarked by another entity. Any account found to be in violation of these provisions is subject to account suspension, termination and/or legal action pursuant to state and federal law.
Any customer who repeatedly violates copyright and/or trademark laws shall be terminated immediately and banned from EZ Home Inspection Websites. This includes any and all access to customer’s account or website(s). At any time should a customer reasonably believe any other person or person(s) is/are in violation of state and federal copyright and trademark law please report the person or person(s) by forwarding an email to support@ezhomeinspectionsoftware.com.
Using a shared account as a backup/storage device is not permitted, with the exception of one “C-Panel” backup of the same account. Please do not take backups of backups
Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
  • Tell A Friend Scripts

Examples of unacceptable material on all dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

EZ Home Inspection Websites services, including all related equipment, networks and network devices are provided for authorized customer use only. The systems may be monitored for all lawful purposes, including verification that use is authorized, management of the system, the facilitation of protection against unauthorized access, and/or to verify security procedures, survivability, and/or operational security. During such monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of EZ Home Inspection Websites constitutes permission and consent to perform these monitoring purposes.
Unauthorized connection to a third-party network or system is subject to account suspension. Access to networks or systems outside of customer’s direct control must be with express written consent from the third party. EZ Home Inspection Websites may, at its discretion, request and require documentation to prove authorized access to a third party network or system.
EZ Home Inspection Websites reserves the right to refuse service to anyone. Any material that, in its judgment, is obscene, threatening, illegal, or violates the terms of service in any manner may be removed from the servers (or otherwise disabled), with or without notice.
Failure to respond to any communication either by email or other form of communication within forty-eight hours (48) may result in the suspension or termination of services. All abuse issues may be addressed via email to support@ezhomeinspectionsoftware.com. Customer shall receive a response within forty-eight hours (48) of its receiving said correspondence.
Any site(s) hosted on EZ Home Improvement Website is/are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, allegedly defamatory material from domains hosted on our service(s) shall not be removed. The only exception to this rule is if the material has been found to be defamatory by a court of competent jurisdiction, as evidenced by an executed court order. EZ Home Inspection Websites is not in a position to investigate and/or validate or invalidate the veracity of individual defamation claims; EZ Home Inspection Websites relies entirely upon the legal system and courts to determine whether or not material is indeed considered defamatory.
In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature access to such materials shall be disabled. Similarly, in any case in which a U. S. Court has placed an injunction against specified content or material, shall be removed or access shall be disable to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that internet services providers like EZ Home Inspection Websites are re-publishers and not the publishers of content. This service merely provides a hosting platform and space on which to host content, and any creation or publication of content on said services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, EZ Home Inspection Websites should not be held liable for any allegedly defamatory, offensive, or harassing content published on sites hosted under EZ Home Inspection Websites webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact this service at support@ezhomeinspectionsoftware.com for further assistance
Potential harm to minors is strictly forbidden, including, but not limited, to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers will have site(s) in question suspended and EZ Home Inspection Websites will notify re-sellers so the account in question may be terminated. All further activity will be monitored and more than one infraction of this type can and will result in the immediate termination of the account. Direct customers’ services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
It is the customer’s responsibility to ensure that scripts/programs installed under his/her account is secure and directories permissions are set properly, regardless of installation method. When at all possible, set permissions on most directories to Seven-Five-Five (755) or as restrictive as possible. Users are ultimately responsible for all actions taken under their accounts. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until it is agreed to use a more secure password. Audits may be performed to prevent weak passwords from being used. If an audit is performed, and any password is considered weak by service standards, customer will be notified and allowed to change the password to a more secure one.

IV. Zero Tolerance Spam Policy

A zero-tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam is used by EZ Home Inspection Websites. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have his/her account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on EZ Home Inspection Websites’ servers. This provision includes, but is not limited to, SPAM sent via fax, telephone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in IP space being blacklisted will be immediately suspended and/or terminated.
EZ Home Inspection Websites reserves the right to require changes or disable as necessary any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
EZ Home Inspection Websites reserves the right to charge the account holder used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion EZ Home Inspection Websites

V. Payment Information

Customer agrees to provide valid and appropriate payment for the services received from EZ Home Inspection Websites in advance of the time period during which such services are provided. Customer agrees that until and unless EZ Home Inspection Websites is notified of customer’s desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in by sending an email to support@ezhomeinspectionsoftware.com. Once the cancellation request has been received and all necessary information has been confirmed by the customer, EZ Home Inspection Websites will confirm with the customer in writing (typically email) that the account has been canceled. If the confirmation has not been received within twenty- four (24) hours of customer’s cancellation, please contact EZ Home Inspection Websites at support@ezhomeinspectionsoftware.com.
EZ Home Inspection Websites requires service cancellation to be submitted via online form in order to process the notice for reasons as follows:
(a) To confirm customer identity;
(b) To confirm in writing customer is prepared for all files to be removed from the service; and
(c) To document the request.
This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures customer is aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of EZ Home Inspection Websites, it is the customer’s responsibility to ensure that payment information is up to date, and that all invoices are paid on time. Customer agrees that until and unless EZ Home Inspection Websites is informed of customer’s desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by EZ Home Inspection Websites.
EZ Home Inspection Websites reserves the right to bill customer’s credit card or billing information on file with the company. EZ Home Inspection Websites provides a thirty-day (30) grace period from the time the invoice is generated and when it becomes due and payable. Any invoice that is outstanding for a period of thirty days (30) and not paid will result in a $10.00 late fee and/or an account suspension until account balance has been paid in full. The $10.00 late fee is applied in addition to any balance owed EZ Home Inspection Websites for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify EZ Home Inspection Websites via email at support@ezhomeinspectionsoftware.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and EZ Home Inspection Websites cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed thirty days (30) prior to the date of renewal. It is the customer’s responsibility to notify EZ Home Inspection Websites via email at support@ezhomeinspectionsoftware.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact support@ezhomeinspectionsoftware.com. EZ Home Inspection Websites reserves the right to change the monthly payment amount and any other charges at any time with reasonable notice to the customer prior to the new charges taking affect.

VI. Backups and Data Loss

Customer’s use of this service is at customer’s own risk. EZ Home Inspection Websites is not responsible for files and/or data residing on your account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate back up of files and data stored on EZ Home Inspection Websites servers.

VII. Cancellations and Refunds

EZ Home Inspection Websites reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse staff in any medium or format will result in the suspension or termination of customer services.
Customers may cancel at any time via email at support@ezhomeinspectionsoftware.com.

VIII. Resource Usage

Customers may not:

(a) Use 25% 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;

(b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;

(c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers;

(d) Run any software that interfaces with an IRC (Internet Relay Chat) network;

(e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers;

(f) Participate in any file-sharing/peer-to-peer activities;

(g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.;

(h) Run cron entries with intervals of less than 15 minutes;

(i) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately;

(j) When using PHP, include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“include.php”)

(k) To help reduce usage, do not force html to handle server-side code (like php and shtml); and

(l) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning initially, and if no action is take, subject to future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from the backup system to avoid over-usage, however databases will still be backed up.( Every file, webpage, image file, email, etc. on the account uses one (1) inode)
Sites that slightly exceed established inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from the off-site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

VIX. Bandwidth Usage

Customers are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package purchased. Should the account pass the allocated amount, EZ Home Inspection Websites reserves 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, suspend the account until account is upgraded to a higher level package, terminate the account and/or charge an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

X. Indemnification

Customer agrees that he/she shall defend, indemnify, save and hold EZ Home Inspection Websites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against EZ Home Inspection Websites, 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 EZ Home Inspection Websites against liabilities arising out of the follows:
(a) Any injury to person or property caused by any products sold or otherwise distributed in connection with EZ Home Inspection Websites;
(b) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(c) Copyright infringement; and
(d) Any defective products sold to customers from EZ Home Inspection Websites server.

XI. Arbitration

By using any EZ Home Inspection Websites services, customer agrees to submit to binding arbitration. If any disputes or claims arise against EZ Home Inspection Websites or its subsidiaries, such disputes will be handled by an arbitrator of EZ Home Inspection Websites’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Missouri.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state’s arbitration law, governs all arbitration under this provision. Customer agrees to be responsible for any and all costs related to such arbitration.

XII. Disclaimer

EZ Home Inspection Websites shall not be responsible for any damages customer’s business may suffer. EZ Home Inspection Websites makes no warranties of any kind, expressed or implied for services provided. EZ Home Inspection Websites disclaims any warranty of 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 EZ Home Inspection Websites and its employees.

XIII. Disclosure to Law Enforcement
EZ Home Inspection Websites may disclose any customer’s information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Such agencies shall receive EZ Home Inspection Websites’ full cooperation in such matters.

XIV. Changes to Terms Of Service

EZ Home Inspection Websites reserves the right to revise its policies at any time without notice.