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Terms and
Conditions, Acceptable Use Policy and
Customer/User Agreement
EliteHost,
LLC (“EliteHost” or “Our”) is a web hosting
and other I.T. services provider providing
the account holder (“Customer” or “You”) a
virtual private server environment on an
Internet server. User accounts on our
Internet servers are subject to compliance
with the terms and conditions set forth
below.
This
agreement represents the complete agreement
and understanding between EliteHost and the
Customer and supersedes any other written or
oral agreement. Upon notice published on its
web site, EliteHost may modify these terms
and conditions, amplify them, and/or modify
the prices, as well as discontinue or change
any of the services offered.
Under the
terms of this agreement, your placement of
information on EliteHost servers is an
acknowledgement that you have read and
understood this agreement, and that you
agree to be bound by the terms and
conditions below. If you do not wish to be
bound by these terms and conditions, you
should not proceed to place any information
of any kind on any of
EliteHost servers.
1. USER
CONDUCT
Any misuse of
Our services
which violates any local, state, federal, or
international laws which may apply to
EliteHost, your local jurisdiction, or any
jurisdiction that you or your site may be
subject to is strictly prohibited. While
using Our
services, you may not:
(a) Restrict or inhibit any other user
from using the Internet, such as Denial of
Service (D.o.S.)
attacking any computer(s) and/or network(s);
(b) Post or transmit any unlawful,
threatening, abusive, libelous, defamatory,
obscene, offensive, indecent, pornographic,
profane, or otherwise objectionable
information of any kind, including but
without limitation to any transmissions
constituting or encouraging conduct that
would constitute a criminal offense, give
rise to civil liability, or otherwise
violate any local, state, federal or
international law, including without
limitation the U.S. export control laws and
regulations, and laws protecting
intellectual property including copyright,
trademark, trade secret, misappropriation
and anti-dilution laws;
(c) Post, publish, transmit, reproduce
or distribute any information or software
which contains a virus or other harmful
component; Post, publish, transmit,
reproduce, distribute or in any way exploit
any information, software, or other material
obtained through the service for commercial
purposes (other than as expressly permitted
by the provider of such information,
software, or other material). EliteHost
reserves the right to remove any and all
materials which infringe on any copyright or
trademark work. Such materials will be
removed immediately upon receiving a
complaint and/or notice of the infringement
by Customer.
(d) We
do not allow IRC or IRC bots to be operated
on our servers. Any account found to be in
violation of this provision will be
immediately suspended and/or deactivated and
no refund will be issued.
(e)
Examples of non-acceptable content or
links:
- Pirated software
- Bulk Email related
products
- Hacking/cracking related websites
- Warez and/or copyrighted
MP3s
-
Proxy Sites
- Illegal material or
material that is against public policy
- Sites containing or
linking to material that may be considered
detrimental to the public health, safety, or
welfare. (Such as, but not
limited to: Anarchists Cookbook, bomb
making, weapon information, or anything else
that may be considered detrimental or
illegal.)
- Holy Quran (audio) cannot be hosted on our
servers.
Adult Content
Adult Content is OKAY as
long as you specify to us that you wish to
have adult content on your web space. We put
these types of sites on special servers at
our data center.
You must follow all US laws, including the
2257 law. In compliance with United States
Code, Title 18, Section 2257, all models,
actors, actresses and other persons who
appear in any visual depiction of actual
sexually explicit conduct appearing or
otherwise contained on your site were over
the age of eighteen years at the time of the
creation of such depictions. You also are
required to keep records to be maintained
pursuant to Title 18, Section 2257 and kept
by the custodian of records at a designated
address clearly accessible on your website.
We will check these records accordingly to
cover ourselves from having illegal content
on our servers.
You cannot have any copyrighted material on
your web space that you don’t have the
rights to resell or distribute in any
manner. This includes videos from other
adult sites (such as pay sites like bangbros)
unless you have written permission to do so.
We reserve the right to request such written
permission at any time. This also goes for
any copyrighted or trademarked material
anywhere on your website that you don’t have
permission to use, and if we deem necessary,
we will ask for proof.
Keep this in mind that IF you have chosen a
shared hosting account on a SHARED SERVER:
Adult sites tend to produce a lot of
traffic. Although we allow adult material
websites, they cannot get so much traffic
that it degrades the performance of other
customers on the server. Getting hundreds of
thousands of hits or using tons of bandwidth
constantly will not be allowed and as per
our Acceptable Use Policy. We reserve the
right to evict you as a customer from a
shared account and ask you to upgrade to a
dedicated server at another provider or risk
account suspension.
EliteHost, LLC will be the sole arbiter
as to what constitutes a violation of this
provision, and reserves the right to
deactivate and remove any site at any time
for any reason without refund!
2. INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless
EliteHost from any and all liability,
penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims
caused by or resulting indirectly from your
use of Our service which damages either You,
EliteHost, or any other person(s) or
property(s) without limitation or exception.
This indemnification and hold harmless
agreement extends to all issues associated
with your account, including but not limited
to domain name selection, web site content
and shell account usage.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
EliteHost
reserves the right to refuse or discontinue
service to Customer or anyone whatsoever at
Our sole
discretion. EliteHost may deny you access to
all or part of the service or network
without any notice whatsoever if you engage
in any conduct or activities that EliteHost
in its sole discretion believes violates any
of the terms and conditions in this
agreement. EliteHost shall have no
responsibility to notify any third-party
providers of services, merchandise, or
information, nor any responsibility for any
consequences resulting from such
discontinuance or lack of notification. You
agree that EliteHost has the right to
monitor the service electronically from time
to time and disclose any information as
necessary to satisfy the law, or to protect
itself or its other customers. EliteHost
reserves the right to refuse to post or
remove any information or materials, in
whole or part, that, in its sole discretion,
are unacceptable, undesirable or in
violation of this agreement.
4. NO
WARRANTIES
EliteHost
makes no warranties or representations of
any kind for the services being offered to
Customer. The service is provided on an "as
is" and "as available" basis without
warranties of any kind, either express or
implied, including but not limited to
warranties of title,
noninfringement, or implied
warranties of merchantability or fitness for
a particular purpose. No advice or
information given by EliteHost or its agents
or employees shall create a warranty.
EliteHost provides no warranty that the
service will be uninterrupted or error free
or that any information, software or other
material accessible on the service is free
from viruses or other harmful components.
Under no circumstances shall EliteHost be
liable for any direct, indirect, special,
punitive, or consequential damages that
result in any way from your use of or
inability to use the service, or for third
parties' use of the service to access your
web space, or to access the Internet or any
part thereof, or your or any third parties'
reliance on or use of information, services,
or merchandise provided on or through the
service, or that result from mistakes,
omissions, interruptions, deletion of files,
errors, defects, delays in operation or
transmission, or any failure of performance.
If you are dissatisfied with the service
being provided by EliteHost or any of its
terms, conditions, rules, policies,
guidelines, or practices, you’re sole and
exclusive remedy is to You may cancel or
discontinue using the service. You
understand that by uploading information on
EliteHost servers, such information becomes
available to all Internet users and that
EliteHost has no way of limiting or
restricting access to such information or
protecting such information from copyright
infringement. You assume total
responsibility and risk for your use of
EliteHost servers and the Internet. It is
solely your responsibility to evaluate the
accuracy, completeness, and usefulness of
all opinions, advice, services and other
information, and the quality and
merchantability of all merchandise provided
through EliteHost or on the Internet
generally.
6.
IDENTIFICATION INFORMATION
You agree
that You are the
person legally responsible for use of Your
account and are at least eighteen (18) years
of age. You agree to supply EliteHost with a
current and truthful name, postal address,
telephone number(s) and email address(s) for
our records, and you have a continued
obligation to keep this information current.
You also agree that you are an authorized
user of any credit card that you supply to
us for billing and agree that we have an
obligation to fully investigate any possible
fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or
intentionally interfere with the proper
operation of the EliteHost servers,
including but not limited to defeating
identification procedures, obtaining access
beyond that which you are authorized for,
and impairing the availability, reliability,
or quality of service for other customers.
You further agree not to interfere with the
proper operation of other systems reachable
through the Internet, including any attempt
at unauthorized access. You agree to follow
the Acceptable Use Policy of any network or
service you connect to. You agree to adhere
to system policies as published online by
EliteHost, including restrictions on
services available with each account type,
restrictions on certain features, and all
other policies designed to protect and
enhance the quality and reliability of
services provided by EliteHost. You agree to
abide by any and all future EliteHost policy
decisions.
Unlimited
plans: If
EliteHost's system administration team
determines that a shared hosting account is utilizing an
unacceptable amount of system resources, EliteHost may temporarily deactivate the
account in question. If EliteHost's staff
deems necessary, an eviction notice may be
sent to the customer of an offending account
providing them with ten (10) days in which
to either upgrade to a (semi)dedicated server or
locate a new provider. This only occurs in
extreme cases.
EliteHost, LLC will be the sole arbiter as
to what constitutes a violation of this
provision. Because of the nature of this
provision, each account will be considered
and analyzed individually.
Also, Keep in
mind that we are a web hosting company, not
a remote backup service. Therefore, anyone
found to be using our WEB servers for remote
backup storage will be warned and the files
will be deleted, so please don't expect to
dump gigabytes and gigabytes of garbage from
your personal computer onto our servers for
backup purposes.
8. SECURITY
You agree that the security of your account
is solely your own responsibility. You
further agree that if you believe the
security of your account has been
compromised in any way, you will notify
EliteHost immediately in writing by
registered mail, with return receipt, to
EliteHost.net, PO BOX 343, Union,
New Jersey, 07083, USA. You shall be held
fully responsible for any misuse or
compromise of your account for which EliteHost is not properly notified. You
agree not to provide or share access to your
account to any third party, and that
You are
responsible for any use of your account by
any party to whom such access has been
provided. You agree that certain features of
your account (e.g., additional FTP logins)
which may be used to provide shared access
to your account are not to be used to resell
services to third parties, and that you are
responsible for the actions of any party
which utilizes those features. You agree
that if any security violations are believed
to have occurred in association with your
account, EliteHost has the right to suspend
access to the account pending an
investigation and resolution. You also agree
that THB has the right to cooperate in any
government or legal investigation regarding
any aspect of our services, including
services sold to you. Any use of our system
to engage in software piracy or other
violations of law will result in account
suspension and will be immediately reported
to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole
risk. EliteHost is not responsible for files
and data residing on your account. You agree
to take full responsibility for files and
data transferred and to maintain all
appropriate backup of files and data stored
on EliteHost servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or
prohibited advertising or other harassing or
illegal materials through electronic mail,
Usenet postings, or other Internet media.
The use of EliteHost or any other service
with reference to services obtained through
EliteHost, for unsolicited mass mailings,
postings, or other activities considered an
annoyance to others, commonly referred to as
"spamming" is strictly prohibited and may
cause your services to be terminated
immediately and without warning and you will
be held fully responsible for any damages to
You, EliteHost, or any other party or
parties resulting from any such conduct.
SPAMing, or
the sending of unsolicited email, from an
EliteHost, LLC server or using a return
email address that is maintained on a
EliteHost, LLC server is STRICTLY
prohibited. Using SPAM to advertise a site
hosted on EliteHost's network also
constitutes as a violation of this
provision. EliteHost, LLC will be the sole
arbiter as to what constitutes a violation
of this provision. Sites found to be in
violation of our SPAM policies will be
immediately suspended. If on a reseller
plan, EliteHost reserves the right to
require a reseller to discontinue hosting
any account that we feel is problematic.
11. PAYMENT
You agree to supply appropriate payment for
the services received from EliteHost, in
advance of the time period during which such
services are provided. You agree that all
setup fees, if any, are non-refundable once
setup is completed. You agree that until and
unless you notify EliteHost of your desire
to cancel any or all services received,
those services will be billed on a recurring
basis. You agree that if you are paying by
credit card, prepayments will be billed and
charged automatically, and that THB may
apply the amount due to the provided credit
card at any time.
12. PRIOR AGREEMENTS
This agreement supersedes any written,
electronic, or oral communication you may
have had with EliteHost or any agent or
representative thereof, and constitutes the
complete and total agreement between the
parties.
13. SEVERABILITY
If any provision of this agreement is
determined to be invalid or unenforceable,
all other provisions shall remain in full
force and effect and said provision shall be
reformed only to the extent necessary to
make it enforceable.
14. GOVERNING LAW AND CONSENT TO
JURISDICTION
Governing Law and Consent to Jurisdiction.
This Agreement shall be governed by and
construed in accordance with the laws of the
State of New Jersey (without giving effect
to principles of conflicts of laws of the
State of New Jersey or any other state).
15. DOMAIN
NAMES
Domain names
are to be used with our name servers and
hosting plans only. Note we are not
registering a domain in your name we are
only leasing the domain to you on a yearly
basis to be used in combination to our web
hosting
plans unless
otherwise
stated at time of sign up. If you terminate
web hosting services, we will make every
effort possible to transfer the domain name
to your name by working with the registrar.
This process can take a few weeks, months or
years depending on the policies of
registrar.
16. 30 DAY MONEY BACK
This offer only applies to virtual web
hosting accounts and not to shell and/or
IRCd hosting
services. NO refunds will be given to shell
or IRCd hosting
accounts. Money back on virtual hosting
accounts is at the sole discretion of the
EliteHost sales team.
18. ACKNOWLEDGEMENT
By placing and continuing to maintain or
place information on EliteHost servers you
are acknowledging that you have read the
aforementioned terms and conditions and that
you accept fully the terms of use as a
legally binding contract. |
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