| Term Of Use |
ElvoWeb
AGREEMENTS FOR WEB HOSTING
ACCOUNTS CAN BE SUSPENDED, REFUSED OR
DISCONTINUED AT ElvoWeb IF YOUR BREACH
THIS AGREEMENT.
This Services Agreement (the
"Agreement") contains the complete terms and
conditions which govern your subscription of
Web hosting, Reseller hosting and other
Internet-related services provided by
ElvoWeb, (the "Services"). As used in
this Agreement, "We", “Us”, or “Our” means
ElvoWeb, and "Client", "you", or "your"
means you. By subscribing to our services,
you acknowledge that you have read the
Agreement, and you agree to its terms and
conditions and all policies posted by us.
1. APPROPRIATE USE OF THE SERVICES.
Client Content:
Client agrees that it will not distribute,
electronically transmit or display any
materials supplied by Client – or through
Client by a third party – to any
ElvoWeb server in connection with
Client’s use of the Services which: violate
any state, federal or foreign laws or
regulations; infringe on any intellectual
property rights (e.g. copyright, trademark,
patent or other proprietary rights) of
ElvoWeb or any third party; are
defamatory, slanderous or trade libelous;
are threatening or harassing; are
discriminatory based on gender, race, age or
promotes hate; display illegal or blatantly
offensive material (e.g. adult related
content); contain viruses or other computer
programming defects which result in damage
to ElvoWeb or any third party.
Bandwidth: Client may occupy only the
amount of disk space on the ElvoWeb
Server and utilize no more than the network
bandwidth that is allotted by ElvoWeb.
Should the client exceeds the bandwidth
usage; the Services may be suspended for
that particular month.
No "SPAM": Client shall not use the
Services for chain letters, junk mail,
spamming, or any use of distribution lists
to any person who has not given specific
permission to be included in such a process.
Phishing
Site: Phishing spam is
strictly restricted on our server, any
account that found to have phishing activity
will be taken action to suspend or terminate
the account with any notice.
Licensed Software Only: Client agrees
to use only properly licensed third party
software in connection with Client's use of
the Services.
Back-Up Files: Client will have the
ability to download back up files which are
automatically archived by CPanel; however,
ElvoWeb does not guarantee the
existence, accuracy, or regularity of its
backup services and, therefore, Client is
responsible for making back-up files in
connection with its use of the Services.
Termination: ElvoWeb reserves
the right to refuse service to anyone.
ElvoWeb, in its sole discretion, may
immediately terminate this Agreement if
Client engages in any of the foregoing.
MP3 and large download sites: Site
that offered mp3 or large files for download
is not allowed on our server as these site
usually consume large server resources and
cause server load reach critical and may
cause downtime to the server. Site that
offered such service maybe suspended by us
until action has been taken to solve the
problem.
2. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no
event shall ElvoWeb be liable to any
third party for Client's breach or alleged
breach of any of the terms and conditions
set forth in this Agreement. Client agrees
to defend, indemnify and hold harmless
ElvoWeb from any and all expenses,
losses, liabilities, damages or third party
claims resulting from Client's breach or
alleged breach of any Client obligations set
forth hereunder.
3. TERM,
TERMINATION & REINSTATEMENT
Subject to the terms and
conditions hereof, this Agreement shall be
effective on the date you register for the
Services, and shall continue in effect on a
month-to-month basis unless otherwise
specified by separate agreement (the "Term")
unless terminated earlier pursuant to the
provisions of this Section 3. Either party
will have the right to terminate this
Agreement upon notice to the other party. In
order to cancel your account, please email
your account details us via
this
page.
4. TAXES
Client will pay and
indemnify and hold ElvoWeb harmless
from any and all taxes associated with or
arising from Client's use of the Services,
including any penalties and interest and any
costs associated with the collection or
withholding thereof.
5. DISCLAIMER OF WARRANTY
THE SERVICES, THE
ElvoWeb SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES
DISPLAYED OR OFFERED ON THE ElvoWeb
SITE, AND ALL TEXT, GRAPHICS, LINKS AND
APPLICATIONS ARE PROVIDED TO CLIENT ON AN
'AS IS' BASIS AND WITHOUT WARRANTY OF ANY
KIND. ElvoWeb DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF
THE FOREGOING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR
ARISING FROM A COURSE OF DEALING. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING,
ElvoWeb SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT (1) THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES
OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT.
6. LIMITATION OF LIABILITY
NO EVENT SHALL ElvoWeb
BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE ElvoWeb SITE
OR ANY ElvoWeb PRODUCTS OR SERVICES, OR
FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH
THIS AGREEMENT OR IN CONNECTION WITH ANY
PRODUCTS OR SERVICES PROVIDED HEREUNDER.
7. GUARANTEE’S AND PAYMENTS
Accounts will be billed in
advance for the month of service. E.g. if
you sign up and receive service today, we,
ElvoWeb will bill you today for the
next 30 days of service. Client agree to pay
the hosting bill within 30 days for renewal.
If ElvoWeb did not receive the payment
for renewal within 30 days, your account
will be terminated. Note that account will
be suspended first after 7 days if payment
not received than removed after 30 days.
8. PAYMENTS AND BILLINGS
All
products or services that purchased from
ElvoWeb are non refundable. This
include of automate recurring billing.
And non of the recurring billing charges are
refundable. Refunds will only occur if
ElvoWeb fail to provide such services.
9.
TERMINATION AND SUSPENSION OF ACCOUNTS
ElvoWeb may, at its
discretion, immediately suspend or terminate
the services without notice in the following
circumstances:
- During any investigation of alleged
Defined Abuse;
- Where You fail to pay the Charges;
- In an emergency or to safeguard the
provision of services to any Customer;
- If You breach this Agreement;
- Where Your nominated payment method is
refused or dishonoured by Your nominated
financial institution;
You may terminate or suspend the Hosting
Services at any time by giving written
notice to ElvoWeb by emailing to us via
this page or open
a support ticket via the member area which
is a more recommend contact method if you're
an existing customer. The termination or
suspension will take effect at the end of
your current Plan Period. You will not be
issued a credit or refund for any unused
Services. ElvoWeb may delete any
Storage Facilities used by you on
termination or suspension of this Agreement.
Please note that ElvoWeb have the right
to change the above term of use without any
prior notice.
Should you have anymore questions? Please
don't be hesitate to contact us. |
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