Terms Of UseCommercial Advertisements Within Email and Spamware
Sending Unsolicited Commercial email advertisements from our servers is forbidden, and will likely result in account suspension or termination. Inappropriate posting may result in account suspension or cancellation. Using "instant message software" such as ICQ, AIM, Yahoo Messenger or anything similar to send spam messages are treated identically to email spam and will result in similar action taken against the sender.
Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.
Email is a person-to-person medium, not a broadcast medium.
Sites that provide software or services to acquire email addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving email addresses without the knowledge and consent of the owners of those email addresses will be terminated without issuing a refund.
EstimatingTV will pursue any legal damages as a result of spamming, or any negative consequences as a result of spamming from EstimatingTV servers.
Acceptable Resource Usage
EstimatingTV makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of an online presence, including sufficient bandwidth and CPU resources.
Bandwidth and CPU resources are on an open and "first come first serve" basis whereby bandwidth and CPU resources are allocated in order of who requests them first. In this environment, it is possible for a user to consume more than their share of CPU resources and/or bandwidth and therefore impede the performance of the network and servers as a whole, adversely limiting the resources available to other users. EstimatingTV closely monitors the performance of its systems and network.
If at any time EstimatingTV deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of CGI processes, incoming spam, or crashing the mail server), EstimatingTV may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice.
Processes should not exceed 2% CPU utilization sustained, and peak at no more than 6% for less than 10 seconds. The number of processes run per day should not exceed 2880, which is one process every 30 seconds. Cron jobs should be limited to running no more than once per hour. Emails sent through our servers should not exceed 1440 per day.
Some specific examples of processes that are not allowed are FFA links scripts and sites, web proxies, BNC, IRC and chat scripts, bots, anonymous emailers, daemons of any kind, spiders or web crawling robots, portal sites (Yahoo like sites), network monitoring and probing scripts and denial of service (DoS) attack scripts.
In addition, EstimatingTV reserves the right to clean out the mail server queue on a bi-weekly basis. This is due to the finite amount of disc space and memory a web server holds, and to control the overwhelming volume of spam an email server receives. If customers do not use the spam filtering software provided with their domain to control incoming spam, that excess volume of spam rotating within the mail queue will be deleted. This may result in wanted and unwanted emailes being deleted.
Lawful Purpose
EstimatingTV reserves the right to refuse service to anyone. Customers may only use EstimatingTV's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. EstimatingTV expressly forbids anyone from using EstimatingTV's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of EstimatingTV's management.
EstimatingTV's services are intended for the end user only. Customers cannot sublease, sub host, or give away control of any portion of EstimatingTV's resources. Doing so could result in immediate account cancellation. EstimatingTV offers a reseller's program.
Your password is considered private and is not to be given out to any third party outside your organization whatsoever. If in the event your password is compromised, it may result in a security breach on your behalf due to irresponsible computing or web browsing habits. EstimatingTV is not to be held liable for such action.
Payment Policies
All advertising accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. EstimatingTV reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. EstimatingTV accepts credit cards for monthly, bi-yearly, or yearly advertising, and invoiced payments for annual corporate accounts.
Customers who provide a credit card at the time of their order specifically grant us authorization to automatically charge that card for any and all incidental fees pertaining to that account. Any user requested manual credit card transaction will be assessed a per-transaction processing fee of $2.50. If for any reason the card does not clear with the bank on three attempts, the account is subject to suspension. Any account not brought current within a week of email notice or exceeding this time frame in any way is subject to suspension. If you provide two (2) or more credit card numbers to EstimatingTV, either one is considered viable for processing your monthly advertising fees if one or the other credit card is rejected for any reason.
The customer is responsible for all money owed on the account from the time service was established, to the time that the customer properly executes a cancellation request. Payments not received by the first day of the third anniversary month (60 days delinquent) are subject to account suspension. Payments not received by the first day of the fourth anniversary month (90 days delinquent) are subject to account termination. All payments are due up to the time of account termination. Any account not providing full payment for services redered are subject to third party collections agencies.
All payment is in U.S. currency. Ohio residents add 6.65% sales tax.
Cancellations and Refunds
Customers can cancel service any time. The customer account comes with our 30 day money-back guarantee which is only valid for the initial billing period. If you wish to cancel your account, you may do so by filling out a cancellation support request form, or contacting EstimatingTV at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . These are the only methods we accept for cancellation of service.
EstimatingTV reserves the right to cancel service at any time without notice for any reason that EstimatingTV deems appropriate. All monthly service fees paid in advance of cancellation will be pro-rated and refunded by EstimatingTV if EstimatingTV institutes its right of cancellation. If cancellation is caused by the customer's violation of these policies, then no refund is due. If customer initiates cancellation and this cancellation is placed after the first 30 days of the initial billing period, then no refund is due. Each billing period is considered a contract that you are responsible for fulfilling.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold EstimatingTV harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EstimatingTV, 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. Customers and Users agrees to defend, indemnify and hold harmless EstimatingTV against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EstimatingTV's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from EstimatingTV's servers.
Disclaimer
EstimatingTV will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong information, lost email, and any and all service interruptions caused by EstimatingTV and its employees. EstimatingTV makes no warranties of any kind, expressed or implied about the services and information we provide.
EstimatingTV specifically disclaims all warranties of merchantability and fitness for a particular purpose. EstimatingTV reserves the right to revise its policies at any time.
