Hosting Terms of Service and Acceptable Usage Policies

All users of EverHost's services, and all customers upon signing up for EverHost's services, agree to comply with EverHost's Terms of Service ("TOS"). Any complaints about a customer's violation of the TOS should be sent to admin@everhost.com. When you agree to the terms, you are also agreeing to our Billing terms.  Any violation may result in termination without refund.

Web Hosting Customer Restrictions

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. EverHost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to EverHost customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a EverHost server, and selling or distributing software (on a Web site residing on a EverHost server) that facilitates spamming. Violators will face immediate suspension. EverHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Uptime Guarantee

EverHost.com guarantees that your website will be up and running at least 99.9% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where EverHost.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and EverHost.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that EverHost.com cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via EverHost.com's web site.

If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request.

IRC

EverHost does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution & Gaming

EverHost Web Hosting and Ecommerce accounts are not configured for the purposes of distributing files, software and/or multimedia products. Running any onliine gaming is prohibited due to intense CPU and memory usage. Sites such as file sharing, image sharing and download sites are not allowed.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with EverHost will be the individual or organization whose name is listed in EverHost database as the owner. Customers will fully cooperate with and abide by any and all of EverHost security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with EverHost.

Illegal Use

EverHost servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing EverHost services, all EverHost customers certify that they and/or the organization they represent in procuring services from EverHost are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All EverHost customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a EverHost customer (per the DMCA) to EverHost must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at EverHost sole discretion. Any account with a valid DMCA complaint will be charged $20 per complaint.

DMCA Copyright Infringement Notification Requirements:

-Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
-Identification of the copyrighted work(s) claimed to have been infringed.
-Identification of the material claimed to infringe the copyright(s), and enough information for EverHost to locate it including URLs and specific descriptions of the infringing material at each URL.
-The Claimant's name, address, and telephone number(s).
-A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
-A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Send the notification via mail to:

EverHost
Legal Department - DMCA Complaints
PO Box 141123
STaten Island, NY 10314

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

EverHost is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that EverHost will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that EverHost must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that EverHost may do so by disabling access to your entire web site.

Child Pornography / Adult Content

The use of EverHost services to store, post, display, transmit, advertise or otherwise make available child pornography and adult content is prohibited. EverHost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Indemnification

EverHost customers agree to protect, defend, hold harmless, and indemnify EverHost, any third party entity related to EverHost (including, without limitation, third party vendors), and EverHost executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of EverHost services.

Disclaimer

The EverHost service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. EverHost expressly disclaims any representation or warranty that the EverHost service will be error-free, secure or uninterrupted. No oral advice or written information given by EverHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. EverHost and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL EverHost (INCLUDING, WITHOUT LIMITATION, EverHost'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING EverHost'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR EverHost SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY EverHost SERVICES EVEN IF EverHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EverHost'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR EverHost'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY EverHost OR EverHost'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

EverHost may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with EverHost services. Certain changes to EverHost services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and EverHost is not liable, for any and all such personalized applications and content, except as expressly agreed to by EverHost.

Backup of Data

Except where EverHost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and EverHost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with EverHost services. EverHost servers are also NOT be used as a backup storage and is only intented for hosting web files. If you require a copy of a backup, we can provide it for $5 per GB or $10 for the backup, whichever is greater. You also have the option of downloading it via FTP.

Governing Law and Severability

The TOS, and any other agreement for EverHost services, will be governed by and construed in accordance with the laws of the State of Texas, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and EverHost will take place in Texas, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other EverHost agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between EverHost and its customers. Each of EverHost and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for EverHost services, constitutes the complete understanding and agreement between EverHost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of EverHost, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for EverHost services is between EverHost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by EverHost.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of EverHost.com must adhere to the above policies.

Third Party Providers

You agree that certain services may be provided by third party providers of EverHost and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Usage and Abuse Policy

Databases

Any database stored on EverHost Web Hosting and Ecommerce servers will be limited in size to 10% of the initial quota setup allotted for that particular domain's plan/web hosting account.

Below are terms that can suspend your account due to abuse on our servers. Please remember you are on a shared server and everyone is entitled to the server resources. This is a guideline for EverHost.com and we will work with you so that you are not in violations of these terms.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. EverHost does not permit CGI script sharing with domains not hosted by EverHost or any scripts that may be abused for UCE purposes.

Unlimited Disk Space and Bandwidth

All our hosting accounts do come with unlimited disk space and bandwidth. But we start each account with a set but generous limit. As you needs grow, simply contact us to request additional resources and we will increase it to whatever you need. This new plan allows us to create more efficient use of our servers and provide better, faster, and more efficient hosting for our customers. Please note disk space is intended for hosting space and not intended for but not limited to online backup, storage device for multimedia content such as, but not limited to, movies, music, photos, or other media. In other words we allow and welcome image and video streaming sites, but we do not allow the use of space as a backup device for those files. Any use of our hosting service in this manner will be concerned a violation of our Terms of Service and will result in automatic suspension of the hosting account without any prior notification.

Software Distribution

EverHost Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software.

Number of Files/inodes

Web Hosting accounts come with a limit of 10,000 files per account. Each block of 10,000 files after the initial 10,000 will incur an additional charge of US $9.95/month.

Databases

Any database stored on EverHost Web Hosting and Ecommerce servers will be limited in size to 10% of the initial quota setup allotted for that particular domain's plan/web hosting account.

Email Limit

Any email with file attachment size greater than 100MB cannot be stored on the server and must be removed.

Billing Policy

The following Terms of Service constitute EverHost Billing Policy and apply to ALL EverHost customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. EverHost accepts the following types of payment:

* Credit Card (VISA, MasterCard)
*PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide EverHost your credit card information, you authorize EverHost to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with EverHost Billing Policy in the TOS. You are responsible for directly updating, or notifying EverHost, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Cancellation requests for hosting accounts after accounts have automatically renewed are eligible for refunds only within the first 3 days following the renewal date, and a cancellation fee of $25 will be charged. Domain name renewals are non-refundable.

Important Notice

Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify EverHost that you would like to cancel your account.

Statements

EverHost does not mail paper invoices or statements. Statements can be viewed and printed through Billing control panel.

Fees

Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback received by EverHost.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a ticket via the billing area to the billing department. Please be aware that there are no pro-rated refunds after the first 30 days of service. In addition cancelations are instant so please backup your files prior to submitting a cancelation ticket.

Cancellation requests must be received by EverHost a minimum of ten (10) days prior to the end of your Billing Cycle. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by EverHost. EverHost is unable to cancel your account effective for a future date. EverHost will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact EverHost as soon as possible.

EverHost does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to EverHost services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. EverHost Corporation reserves the right to cancel any account, at any time, without notice, for any reason EverHost considers appropriate.

30 Day Money Back Guarantee

Each of EverHost hosting plans carries a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund. The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Domain name registration, any addon services, and setup is not included in the 30 day money back guarantee. (b) If administration time was used during your account such as server configuration (that is more advanced that regular troubleshooting) this guarantee is void. (c) Illegal activity was conducted or intended on our servers will also void this agreement. (d) This request must be sent in 5 business days (excluding holidays) before the first 30 days to be processed, and eligible. (e) If you ordered multiple hosting packages this guarantee will only apply to one hosting package, the first one you cancel.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgement of providing refunds for our promotional offers.

Credit Card Disputes/Chargebacks

EverHost has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at EverHost discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

EverHost.com policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

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