User Agreement for Elite Hosts Inc
This Agreement applies to your use of the Elite Hosts Inc website hosting service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Elite Hosts Inc will refer collectively to Elite Hosts Inc and their respective parent or subsidiary companies, affiliates, officers, employees and agents.
1. Eligibility. In order to use the Service, you must register for an account with Elite Hosts Inc. Elite Hosts Inc reserves the right to terminate accounts. You must be at least 18 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the service with the consent of your parent or guardian.
2. No Illegal Adult Content. Should you place any illegal adult content (child pornography etc...) on your website or in any emails regarding your website, Elite Hosts Inc reserves the right to terminate all of your accounts and will restrict you from the system going forward.
3. No E-mail Spamming. Should you send any email to any person or persons advertising or mentioning your website without the consent of the person, Elite Hosts Inc reserves the right to terminate all of your accounts and will restrict you from the system going forward.
4. No Email Services. We do not allow customers to offer email accounts to their visitors (free or pay). Email services require
significant server resources that cannot be dedicated to one cusotmer in a shared hosting environment. Email accounts may be used only by the owners or webmasters of your website.
5. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Elite Hosts Inc has the right to terminate your use of the Service and Elite Hosts Inc, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Elite Hosts Inc and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
6. Payment. You must send payment to Elite Hosts Inc either by: US POSTAL check, US Money order, US Dollars, Visa, Mastercard, Discover or Amex.
7. International Payment. All payment is to be paid in US Dollars. A $20 conversion fee will apply to those users who are sending payment outside the USA. (This excludes credit card orders)
8. Returned Payment. A $40.00 fee will be added to your bill if any checks are returned unpaid. After the second returned check, Visa, Mastercard, Discover or Amex are the only acceptable means of payment. A fee of $25.00 will be added to your bill for each credit card chargeback that is received.
9. Late Payment. Accounts that are 7 days past due will be suspended. A $25 reactivation fee will be charged to reactivate your account. Accounts that are 14 days past due will be terminated.
10. Account Setup. Until payment is received by Elite Hosts Inc, Elite Hosts Inc has no obligation to setup your account. Accounts will only be setup after payment has been received.
11. 30 Day Money Back Guarantee. All accounts include a 30 day money back guarantee. If you are not 100% satisfied within 30 days of signing up, you can request a refund for your payments. This does not apply to customer accounts which have been terminated by Elite Hosts, Inc. Only monthly service fee is refunded, payments for other one time servers (including labor, website transfers, domain registration) are non-refundable.
12. Illegal Content. If you place illegal pornography, warez, or any other sort of illegal content on your disk space or if you make any attempts to hack into Elite Hosts Inc server, Elite Hosts Inc reserves the right to take any appropriate action against you without warning. In severe cases the proper authorities will be notified.
13. Responsibilities. You take full responsibility for the misuse of your account for unlawful purposes such as spamming, junk/bulk emailing, hacking, etc. If you use your account for such unlawful purposes, Elite Hosts Inc reserves the right to take any appropriate action against you without warning. In severe cases the authorities will be notified. It is your responsibility to ensure that your account and accounts of your customers are updated & secure. You are responsible for keeping all scripts used on your websites and your customers websites updated. Any actions considered abusive towards our staff or systems will not be tolerated and abusive customers will be strictly terminated.
14. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has used unsolicited email to gain referrals. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Should you spam, you agree to accept all charges that occur in response. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
15. Customer Refusal. Elite Hosts Inc reserves the right to refuse a new customer or cancel an existing customer's account without explanation.
16. Refund Refusal. Elite Hosts Inc reserves the right not to refund payment for services already rendered in any situation that it sees fit without further explanation.
17. Cancelation & Refunds. After the first 30 days of service, refunds will only be given for full unused months. Notice of cancellation must be given 48 hours before the next billing cycle begins.
18. All services will renew automatically according to the billing cycle chosen by User until a cancellation request is sent to firstname.lastname@example.org. Cancelation and refunds will be handled according to the terms outlined in this Terms Of Service agreement.
19. Uptime Guarantee. Elite Hosts, Inc strives to deliver the highest possible uptime by using top of the line server hardware, networking equipment and monitoring.
Should the service or server delivering your website or email services be unavailable, without prior notification, for a total time of greater than 45 minutes in a given month, you are entitled to a credit. A 10% credit will be applied to your account if the total period of downtime is between 45 minutes and 3 hours. A 25% credit will be applied to your account if the total period of downtime is between 3 hours and 6 hours.
A 50% credit will be applied to your account if the total period of downtime is between 6 and 12 hours.
Your entire monthly fee will be credited to your account if your downtime in a given month exceeds 12 hours.
Downtime includes any server, service or network failure that is not announced in advance, either through customer forum or email notification. Downtime does not include DNS change time, downtime due to domain expiring (by fault of customer), or lack of connectivity to our servers/services by a 3rd party Internet Service Provider or any network beyond our control.
This uptime does not guarantee downtime caused by any network out of our control including our upstream bandwidth provider. Credits are applied to your account and will be applied towards your next bill - refunds will not be issued in place of credits.
20. Liability. Under no circumstances will Elite Hosts Inc be liable for damages that result in any way from anybody, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
21. Signature. By agreeing with these Terms and Conditions you realize that it is as good as placing your signature on the order form.
22. Passwords. You may not divulge your account password(s) to anyone else, nor may you use anyone else's password. Elite Hosts Inc is not responsible for losses incurred by Users as the result of their misuse of passwords.
23. Backups. Elite Hosts, Inc performs backups of server data for internal use such as full server restores etc. Elite Hosts, Inc will not restore individual nightly/weekly backups for customers. It is your responsibility to create your own backups and download them onto your local computer. Elite Hosts, Inc will not be responsible in the event of data loss.
24. Pricing Plans. Elite Hosts, Inc reserves the right to change its hosting plans and fees when it sees fit. Customers will be alerted of any prices changes that may occure.