This site is operated by Andrew Paul Page (“Erupt.com”). Erupt.com's mailing address is 79 Hulst Rd, Amherst MA, 01002 .
Your use of the site is governed by these Terms of Use.
Reproduction . All content on this site is the property of Erupt.com and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this site, service and trade marks, including but not limited to “Erupt.com” and trade dress. You may view the site and may print pages of the site solely in relation to your placement of an order on the site. Otherwise you may not reproduce any portion of the site without the express written permission of Erupt.com. Erupt.com does not consider page caching that is performed automatically by your browser to be a violation of this provision.
Information About You . When you submit information about yourself or your company to Erupt.com, either via this site or otherwise, we will use the information as described in our Privacy Policy . Erupt.com uses cookies in connection with its shopping cart. For more information about cookies see our Privacy Policy . Other than information necessary to place an order, Erupt.com does not want to receive confidential, proprietary or trade secret information through the site. Except as described in the Privacy Policy, any information you submit will be deemed non-confidential and your submission of the information is a grant to Erupt.com of an irrevocable and unrestricted license to reproduce, transmit, display and distribute the information for any purpose whatsoever.
Account . If you establish an account with Erupt.com, you are responsible for the confidentiality of your account and password. You agree to be responsible for any activity occurring under account by any person using your password. Only an adult (18 years of age or older) may purchase products and services from Erupt.com. You must keep your account information current. Erupt.com may terminate your account at any time in its sole discretion. Your account will be setup once your payment is received and the order is screened incase of fraud.
Content. All services provided by Erupt.com may only be used for lawful purposes. The laws of the State of Massachusetts, and the United States of America apply.
The customer agrees to indemnify and hold harmless Erupt.com from any claims resulting from the use of our services.
Erupt.com maintains a high standard of quality. We will refuse service to anyone using our hosting services for:
- Hacking, including archives/programs/links.
- Distributing, discussing or linking to copyrighted material.
- Spamming, unsolicited mail.
- Child Pornography
- Hate and or obscene content.
- Proxy and anonymous scripts.
- Illegal activity of any sort.
We reserve the right to refuse service to anyone. In addition to the list above material that we determine is inappropriate or obscene is prohibited and will be removed with or without notice.
Resource Usage. To ensure the availability of our services for our users we have put in place some restrictions. Users may not
- Use more than 10% of system resources for longer than 90 seconds.
- Run stand-alone, unattended server-side processes at any point in time on the server.
- Run any type of web spider or indexer.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client.
- Participate in any file-sharing/peer-to-peer activities.
- Run gaming servers.
- Run cron entries with intervals of less than 15 minutes
Money Back Guarantee . If you cancel your service within the first 30 days of service you will receive a full refund of your hosting payment. All domain sales are final and will be excluded from your refund.
Uptime Guarantee . We attempt to bring you service 24 hours a day for the duration of your hosting period. However do to the nature of the hosting industry this is not always possible and can not promise you uninterrupted service. If you experience a physical downtime that is not within the 99.9% uptime then please contact our support department who at their discretion can issue a months credit.
No Warranty . TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IF APPLICABLE LAW REQUIRES A WARRANTY, THE REQUIRED WARRANTY IS LIMITED TO NINETY (90) DAYS FROM YOUR FIRST USE OF THE SITE.
THE SITE AND ANY E-MAIL WE SEND YOU MAY CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS AT YOUR RISK.
Limitation of Liability . UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, ERUPT.COM IS NOT LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, ANY E-MAIL SENT BY ERUPT.COM , OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, EVEN IF ERUPT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS AND TO THE EXTENT APPLICABLE LAW PROHIBITS THIS LIMITATION, ERUPT.COM' S LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE OR ANY E-MAIL SENT BY ERUPT.COM , OR YOUR PURCHASE OF OR USE OF A PRODUCT OR SERVICE OFFERED VIA THE SITE, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE, OR U.S. $5.00.
Applicable Law . This Terms of Use shall be governed by the laws of the state of Massachusetts, excluding its conflicts of law provisions, and the laws of the United States of America as applicable. You agree to submit to the jurisdiction of courts sitting in the State of Massachusetts for all purposes. Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in United States of America, Massachusetts.
Modifications . We reserve the right to make changes to this Terms of Use at any time. The site may contain errors or may not be complete or current, including errors as to pricing and availability. We reserve the right to refuse in good faith to process any order based on errors as to pricing, availability or other material facts.
Other Agreements . Your use of any software licensed from Erupt.com is governed by the terms of the End User License Agreement included with the software. The terms of the support and maintenance agreement offered by Erupt.com are posted on the site. |