This Web Hosting Agreement is between Your Company and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
1. Service Abuse
EludedHost prohibits sites and servers engaged in illegal activities including, but not limited to, storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, and selling and/or distributing illegal contraband. EludedHost further prohibits internet abuse including, but not limited to, spamming (mass unsolicited emailing), distribution of mass emailing programs, cross-posting unsolicited messages to a large number of online groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, and running packet sniffers or port scanners. If an account engages in abuse of service, it will be subject to EludedHost's policy violation procedure outlined in Section 2.
2. Policy Violation
Should a policy violation occur, EludedHost reserves the right to terminate the account without notice and without any refunds. The client in violation will be held responsible for any damages to EludedHost, including but not limited to, EludedHost's system, servers, connectivity, reputation, business, service, network, operations, or equipment. EludedHost reserves the right to assess fees on the client of an amount approximately equal to the cost associated with repairing any and all damages done, up to $500.
3. Data Loss and Backups
he client is responsible for keeping all data backups on a remote system (not on EludedHost equipment or servers). EludedHost is not responsible for any lost files, information, or data. The client acknowledges that hardware is mechanical and that, by nature, mechanical hardware is prone to failure. EludedHost offers backup services and, if so subscribed, daily and weekly backups are performed on a best-effort basis. Should an event occur in which EludedHost's backup script was unable to complete the backup and restoring of a backup is requested or otherwise required, EludedHost holds no responsibility. You can generate your own backups via the cPanel interface.
4. Server Management
The client understands that server management occurs as queued tasks. EludedHost holds no responsibility should a server be hacked, exploited, cracked, or in any other way become damaged due to client or 3rd party actions. EludedHost reserves the right to decline management services should the client, client's staff, or any person(s) the client has allowed access to the server, disrupt proper server functioning. This policy includes all software and configuration files residing on said server.
5. Technical Support
If the client wishes to file a support ticket or to check on progress of an existing trouble ticket, they may dial 1-888-722-2217 and select option 1, log-in to the portal at https://eludedhost.com/ or e-mail support@EludedHost.com
EludedHost's technical support team is ready to assist you whenever you need it.
6. Payment Policy
Client acknowledges that certain services may require setup fees prior to activation. It is EludedHost's responsibility to make the client aware of a setup fee, if one exists, for any particular service. Full payment is required before any EludedHost-provided hosting service is rendered. EludedHost accepts credit card payment (Visa, Master Card, Discover, or American Express), bank check via certified funds, bank wire, or PayPal (www.paypal.com). Online credit card payments are authorized and assessed in real-time. Once an order is successfully submitted, the client is subject to EludedHost's refund policy. Any chargeback's with any payment method will result in a charge back fee of $25.00.
7. Additional Features
Additional features can be added at any time at the client's request. The cost for additional features is non-refundable regardless of whether the service was used. The 45-day cancellation period outlined in Section 12 applies to all Additional Features that may be active on any given account. Additional services will be activated when payment is received.
8. Renewal and Billing Schedule
The client has 10 days to remit payment to EludedHost after the first email notification of an upcoming renewal is sent to the billing contact. Accounts receive notification of an upcoming renewal 10 days prior to the due date as well as the day prior to the due date.
The 10 days' advance notice serves as a grace period. If payment is not received by the due date, the account is considered to be in default and at risk of service interruption.
No services will be rendered by EludedHost if payment is not received by the due date and EludedHost reserves the right to refuse future requests for service from a client based on frequent or repeated delinquent payments.
Should an extension be required, please contact the billing department prior to the due date and a best-effort attempt to come to an agreeable set of payment terms will be made. Any agreements made are subject to client standing and are not guaranteed.
EludedHost reserves the right to disconnect client's services if payment is not received by the due date specified on any particular invoice.
A $25 re-connection penalty will be assessed to restore any service interrupted due to payment/billing concerns. Furthermore, for any client account that is deactivated, EludedHost reserves the right to impose an additional $25 account reinstatement fee.
If an account was cancelled due to policy violation, EludedHost reserves the right to refuse to reactivate the account.
EludedHost reserves the right to change prices at any time on month-to-month services. Month-to-month means that a contract has not been entered into and that terms are subject to change for any and all future billing periods. EludedHost will make a best-effort attempt to offer longer term contracts to new clients or future clients, based on client standing.
All monetary transactions will occur in U.S. dollars unless otherwise stated in the terms of a previously agreed-upon contract.
9. Credit Card Failures
If there are difficulties with the completion of a charge, the client will receive a past due email notice. EludedHost will attempt to charge the account 2 days after the original processing date.If the payment is unsuccessful on the 2nd day, EludedHost reserves the right to suspend all client services. If payment is not received within 24 hours (the 3rd day), EludedHost reserves the right to cancel the account, and an email will be sent notifying the client of the action taken.
10. Returned Checks
If a check is returned, the client is subject to a $35 processing and handling fee in addition to any bank assessed Non-Sufficient Funds (NSF) fees.
11. Refund Policy
Any abuse of our staff an any medium or format will result in the suspension or termination without refund.
EludedHost gives you a 30 day money back guarantee on shared hosting and reseller hosting solutions. Dedicated, virtual private servers have no money back guarantee.
There are no refunds on administrative fees, addons such as dedicated IPs, install fees for custom software, SSL (Secure Sockets Layer) , domain name registration or any other license fees.
Only first-time accounts are eligible for our money back guarantee. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
After the initial 30 days, no refunds will be issued.
Violations of the Terms of Service will waive the refund policy.
EludedHost reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund.
Customers can cancel service at any time within their contract limitations. Cancellation requests should be sent via email or through the portal. Only primary authorized contacts/individuals will be authorized to cancel an account.
If the client requests cancellation, their account will be terminated immediately unless they specifically state they wish the account to be cancelled at the end of the current billing cycle or at a future date. If the client specifies immediate account termination or fails to define when the account should be cancelled, EludedHost reserves the right to terminate service without notice.
Cancellation notice from the client must be received at least 7 days prior to scheduled service renewal date. If service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.
Cancellation requests emailed to EludedHost should be submitted to the billing department via https://eludedHost.com/client or by email at billing@EludedHost.com.
Refund policies (Section 11) strictly apply to all cancelled accounts.
If an account is cancelled due to non-payment, EludedHost reserves the right to delete contents without notice and re-provision the server.
Client accounts inactive for 30 or more days may be required to create a new account in order to have future services rendered.
The client agrees to defend, indemnify, and hold harmless EludedHost against any liabilities arising out of defective products sold to customers from EludedHost servers, personal injury or property damage caused by products or services sold or distributed from EludedHost servers, any material that infringes or allegedly infringes on the rights of a third party available from EludedHost servers, and any material that libels or allegedly libels a third party available from EludedHost servers. Client agrees to indemnify EludedHost against any legal fees, fines, levies, or charges derived from any circumstance related to the client's account.
EludedHost is not responsible for any damages to any client's business. EludedHost makes no warranties or guarantees of any kind, expressed or implied, for services provided. Use of EludedHost's service is at the client's sole risk. EludedHost will provide every effort in good faith to ensure that its services are available to as many Internet users as possible with minimal service interruptions. Under no circumstances will EludedHost be liable for any claims resulting from the use or inability to use EludedHost's services including, but not limited to, service interruptions, client errors, Internet connectivity problems, miscommunications, unauthorized access to EludedHost servers, DNS caching, Internet bandwidth congestion, power failures, vandalism, or natural disasters.
15. Additional Policies and Agreements
16. Policy Revisions
EludedHost reserves the right to revise its policies at any time.
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