Terms of Service

Earth Girl, LLC (dba Earth Girl Hosting) Website Hosting Terms and Conditions

This Hosting Agreement governs your purchase and uses, in any manner, of all website hosting and related services, ordered by you or on your behalf (via Pure Ecommerce associates) and accepted by Earth Girl, LLC and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Earth Girl, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Earth Girl, LLC may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Earth Girl, LLC’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.

1. Payment. As consideration for Earth Girl, LLC providing the Hosting Services hereunder, Customer agrees to pay Earth Girl, LLC the aggregate monthly fee based on the monthly hosting services and the terms selected. Should Customer account become in default, suspension, or otherwise unpaid status, Earth Girl, LLC reserves the right to restrict access to any/all services provided, including domain names attached to Customer name or account, without notice, until the monies owed on services rendered but not paid to Earth Girl, LLC have been satisfied, including any added interest and collection fees in full. Clients who have a credit card on file authorize Earth Girl, LLC to charge that card for monies due, even if that is not listed as the preferred payment method. Clients may remove credit card details at any time. Any account left unpaid after suspension and/or termination will be sent to collections – with the client being responsible for any additional fees associated with collecting any unpaid debt owed to Earth Girl, LLC.

1a. Terms of Suspension and Termination. Invoices that are 30 days unpaid will incur a $10 late fee, and a $10 late fee for each subsequent past due invoice. Accounts 30 days past due will be automatically suspended. Because the account is still using hosting resources, the customer will be charged up to 90 days of usage, even when suspended. After 90 days past due, websites will be terminated due to non-payment. Payment in full, including the late fees, will restore a suspended service; however, terminated sites cannot be restored. Unpaid invoices after termination will be referred to collections. See section 1.

1b. Policies. By use of Earth Girl, LLC services, the customer agrees to adhere to all policies surrounding Cancellation, Termination, and Overage Charges found on our Polices Page.

1c. Automatic Package Upgrades. In an effort to keep customer costs down, Earth Girl, LLC will upgrade accounts that incur a minimum of $5/mo. in overage charges for three consecutive months. Accounts will be upgraded to the next package in succession unless usage is more than the limits of that package. In this case, the account will be upgraded to the package that will suitable for the usage of the account. Before these upgrades, each account is manually reviewed to ensure that there are no other options. Customer may downgrade at any time if their usage limits fall within the limits of the desired package.

1d. Non-Payment on Hosted Domain Name. Should a domain name remain unpaid when a hosting account for the same domain is active, any payments applied to the account will be first applied to the domain name renewal. This is a measure to prevent clients from losing rights to the domain name attached to their hosting account. 

13. Non-Payment on Inaccessible Hosting Accounts. After 30 days of non-payment, Earth Girl, LLC reserves the right to terminate hosting accounts that are inaccessible. This includes hosting accounts connected to expired domain names, or whose domain nameservers are pointed to an outside host.

1f. Domains on Auto-Renewal. Domain names set to auto-renew will be renewed upon payment. If a payment method is on file, it will be used to pay for the domain renewal. The customer must disable auto-renew if they do not wish to have their domain renewed. There are no refunds on renewed domains.

2. Provision of Services. Earth Girl, LLC will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Earth Girl, LLC will host the web site solely in accordance with the information provided by Customer.

3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Earth Girl, LLC. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Earth Girl, LLC, and licensed by Earth Girl, LLC or generally available to the public, including Customer, under published licensing terms, and that Earth Girl, LLC will use to display or run a web site. 

3a. Earth Cart eCommerce Solution. (Installations Discontinued July 2014) Earth Cart software licensing is available for clients to purchase from Earth Girl, LLC. When the Customer purchases the license for Earth Cart, the system is assigned a ‘key’ to make it operational, and give permission to the end-user to use the software. Upon purchase the software license, the Customer agrees that the following applies:

  • Earth Girl, LLC
    • Will install Earth Cart on approved hosting systems and perform the initial setup of the system, but is not responsible for customization past the point of setup.
    • Will provide reasonable support for Earth Cart for the duration of the website’s existence using this software. Cart support relates only to Earth Cart software, and will not be extended to hosting, third party software, scripts or changes made by the end user.
    • All materials provided in the system are presented with the belief that they are in good working order, and that the structure is valid. Earth Girl, LLC will not guarantee the completeness or functionality of any page or structure in the files or installation. The source scripts are provided by Small Biz Community, LLC “as is” and “with all faults”. No warranties or guarantees are provided for the Earth Cart software.
    • May offer updated scripts, but it is the responsibility of the Customer to pay for implementation or alteration charges.
    • Will not provide source files for updates.
  • Customer
    • Agrees to use the software on one domain only. The domain applied to the license may be changed within 180 days of the license purchase free of charge, as far as the product line remains similar.
    • May request the license key for the script at any time from Earth Girl, LLC.
    • Will have full access to the OPEN SOURCE shopping cart script by way of the hosting system it is installed on. Earth Cart, LLC does not provide original installation files via archive or otherwise.
    • May make changes or alterations to the script, but Earth Girl, LLC will not be responsible for keeping original files, assisting with script changes or reverting files back to the original. Customer agrees that these services will incur a charge.
    • Agrees not to copy or distribute Earth Cart software.
    • May choose to host Earth Cart software with any provider but will be responsible for custom configurations required by the respective hosting company, and any compatibility issues that arise. Earth Cart, LLC will assist with hosting issues related to Earth Girl Hosting only.
    • Agrees that the license is only transferrable in the event of the sale of the entire website in which it is housed. The software may not be transferred/resold as a standalone.

4. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Earth Girl, LLC and used to host or operate the web site or a web server in connection with a web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Earth Girl, LLC. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Earth Girl, LLC. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.

5. Limited License to Content. Customer hereby grants to Earth Girl, LLC the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit web site, any Customer Content, or any Customer Marks provided to Earth Girl, LLC hereunder, solely for the purpose of rendering Earth Girl, LLC’ Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason. 6. Content Standards. Customer agrees not to provide Customer Content, and Earth Girl, LLC will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Earth Girl, LLC reserves the right to refuse any other subject matter it deems inappropriate.

7. Support. Earth Girl, LLC agrees to provide reasonable technical support by email and help desk to Customer during Earth Girl, LLC’s normal technical support hours.

8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Earth Girl, LLC may terminate this Agreement after five (5) days’ written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach within such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Earth Girl, LLC for all Services provided to Customer by Earth Girl, LLC prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.

9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is,” and Earth Girl, LLC expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Earth Girl, LLC will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Earth Girl, LLC to a Customer will be deemed accepted when delivered.

10. Indemnity. (a) Customer Indemnity. Customer will defend Earth Girl, LLC against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Earth Girl, LLC for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Earth Girl, LLC as a result of any such third-party claim, action, suit, or proceeding. (b) Earth Girl, LLC’ Indemnity. Earth Girl, LLC will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Earth Girl, LLC shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.


Acceptable Use Policy ("AUP") 

This AUP governs the use of Earth Girl Hosting’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Earth Girl Hosting regarding the interpretation of this AUP, Earth Girl Hosting’s interpretation, in its reasonable commercial judgment, shall govern.

If service is terminated due to a violation of the AUP, Earth Girl Hosting will not issue refunds, pro-rata or otherwise.

Table of Contents

  1. Offensive Content
  2. Security
  3. Bulk Commercial E-Mail
  4. Unsolicited E-Mail
  5. Material Protected by Copyright
  6. Copyright Infringement Notice
  7. Other
  8. Disclaimer
  9. Internet Abuse
  10. Newsgroup, Chat Forums, Other Networks

1. Offensive Content

You may not publish, transmit, or upload via or to Earth Girl Hosting’s service any content (including Web content, e-mail, bulletin board postings, blogs, chat, and any other type of posting or transmission that relies on any Internet service provided by Earth Girl Hosting) that Earth Girl Hosting reasonably believes: 

  • Contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or sexually explicit material
  • Could give rise to any civil or criminal liability 
  • Is: excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; 
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Infringes or assists others on infringing on the intellectual property rights of others or on the privacy or publicity rights of others; 
  • Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • Improperly exposes trade secrets or other confidential or proprietary information of another person; 
  • Violates or promotes violation of local, state, national, or international laws, including those regarding drugs, export control, gambling, or arms trafficking;
  • Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Earth Girl Hosting; or
  • Is otherwise malicious, fraudulent, or may result in retaliation against Earth Girl Hosting by offended viewers.; or
  • Restricts or inhibits any other person from using or enjoying Earth Girl Hosting’s service or website, or which, in the judgment of Earth Girl Hosting, exposes Earth Girl Hosting or any of its customers or suppliers to any liability or detriment of any type. 

2. Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

3. Bulk Commercial E-Mail 

You must obtain Earth Girl Hosting’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Earth Girl Hosting’s reasonable satisfaction: 

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Earth Girl Hosting’s requests to produce consent evidence within 72 hours of receipt of the request.
  • The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@**yourdomain.com**.”
  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
  • You must post an abuse@**yourdomain.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
  • You must have a Privacy Policy posted for each domain associated with the mailing;
  • You have the means to track anonymous complaints; 
  • You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipient's e-mail address in the body of the message or in the “TO” line of the e-mail; and
  • You otherwise comply with the CAN-SPAM Act and other applicable law.

These policies apply to messages sent using your Earth Girl Hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Earth Girl Hosting service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

Earth Girl Hosting may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

4. Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

You must comply with the rules of any other network you access or participate in using your Earth Girl Hosting’s services.

5. Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; 
  • You are otherwise permitted by established United States copyright law to copy the work in that manner.

Earth Girl Hosting will terminate the service of repeat copyright infringers.

6. Copyright Infringement Notice (Digital Millennium Copyright Act)

If you believe your copyright is being infringed by a person using the Earth Girl Hosting network, please send your written notice of copyright infringement to:

Earth Girl LLC
18 N Reiper Street
Deer Park WA 99006

Your notice must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Earth Girl Hosting to locate the material; 
  • Information reasonably sufficient to permit Earth Girl Hosting to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Data Usage

You agree to use your hosting account to house only files that are directly related to the usage and function of your website. It is strictly prohibited to use your hosting account as a storage space or store archive files (e.g. backup files) on your server account, whether on the main account or in the trash of the same account. Earth Girl Hosting reserves the right to permanently delete these excess files, or suspend accounts that are using their account as storage. 

8. Disclaimer

Earth Girl Hosting is under no duty and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Earth Girl Hosting network.

9. Internet Abuse

You may not engage in any illegal, abusive, or irresponsible behavior, including: 

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Earth Girl Hosting and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning; 
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the Earth Girl Hosting’s network.
  • Use of Earth Girl Hosting’s network in a way that unreasonably interferes with Earth Girl Hosting’s other customers use of the network

10. Newsgroup, Chat Forums, Other Networks 

You must comply with the rules and conventions for postings to any bulletin board, chat group or another forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages or mass postings to multiple forums.

11. Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Earth Girl Hosting network.