eHostPros.com Terms of Use and Acceptable Usage Policy
The terms of use below constitute a legal agreement between you (The Customer) and eHostPros.com(the Company), which provides the Web hosting services described at eHostPros.com. Your agreement to be bound by these terms is acknowledged by your use of the Company Services, Support Services and/or any software made available to you by the Company. Agreeing to eHostPros.com Acceptable use Policy and Terms of Conditions is mandatory for Hosting signing up or using our services. Please make sure you read everything. If you have any questions Contact Us. |
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Acceptable Usage Policy (AUP) |
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eHostPros Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what eHostPros expects of them while using the service. All users of eHostPros Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. eHostPros may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your eHostPros account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
eHostPros intends to provide its customers access to everything the Internet has to offer. While eHostPros is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both eHostPros and the Internet and cannot be permitted under the guise of free speech. The resources of eHostPros and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. |
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Hosting Service Usage Policy |
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The Customer should use all recourses provided by The Company in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Customer to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. The Company has the right to decide what constitutes a violation of the terms below:
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| UNLIMITED Account Usage Policy | |
eHostPros.com offers unlimited hosting plans with unlimited disk space,bandwidth transfer, email or FTP accounts,so that customers needn't to worry about exceeding limits. eHostPros.com will make every commercially reasonable effort to provide additional resources to customers who are using their website(s) consistent with these Terms, including moving customers to newer and bigger servers if required. However, in order to ensure a consistent and quality experience for all customers, eHostPros.com does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until eHostPros.com can evaluate said sites resource needs. All limited or unlimited hosting plans served by shared hosting servers, so customers can't use hosting plan as storage area for electronic files, or as a service for third party email ,FTP hosts. eHostPros.com does NOT provide unlimited space for online storage, backups, or archiving of electronic files,documents, log files, etc., and any such prohibited use of the Services will result in the termination of customer account, with or without notice. We reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other customers websites on same server. If any customer abuses our terms of service we will send email notice.Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. |
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| Account Confidentiality and Integrity | |
The Customer is responsible for maintaining the confidentiality of all login information related to his/her account, Control Panel, FTP and other account management tools. The Customer is responsible for maintaining the security and the integrity of all the software applications that s/he chooses to be uploaded and/or used on his/her account. The Company cannot and will not be liable for any loss or damage arising from security bridged in any such software and application. The Customer agrees to immediately notify the Company of any unauthorized use of his/her password or account or any other breach of security and to ensure that s/he logouts at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this policy. The Customer is fully responsible for all activities that are performed through his/her account. The Company has the right to suspend or terminate any account, which does not comply with the terms of use, without prior notice and with no refund. The Company cannot and will not be liable for any loss or damage arising from account suspension or termination due to unacceptable use of the account, even if the Customer is not aware of and/or has not authorized such use. |
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| Actions that Cause Harm to The Company | |
The Customer is responsible not to engage in or to instigate actions that cause harm to the Company or other Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of The Company IPs by the any online spam database, actions resulting in DOS attacks for any servers belonging to the Company, etc. Failure to comply with this policy may result in a penalty fee, warning, suspension or possible account termination with no refund. The Company has the right to decide in good faith which actions cause harm as well as the size of the penalty fee or the severity of any other corrective action to be applied. |
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| account content performance | |
The Customer is solely responsible for the quality and performance of the Customer's account content uploaded by the Customer. Customer is also responsible to ensure that all aspects of the Customer's account content are compatible with the Company server's hardware and software. The specifications of the hardware and software are described in the Control panel (CPanel) for each account. It is Customer's responsibility to keep his/her content compatible at all times. The Company cannot and will not be responsible for any malfunctioning of the Customer's content or any damages to the Customer's content caused by failure of the Customer to keep his/her content compatible with the hardware and software used by the Company. |
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VIOLATIONS OF EHOSTPROS ACCEPTABLE USE POLICY |
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The following constitute violations of this AUP:
eHostPros services may not be used for illegal purposes, or in support of illegal activities. eHostPros reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
eHostPros accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of eHostPros systems or networks. eHostPros reserves the right to terminate or limit such activities. In rare cases the Company may be able to re-activate a Customer's account that has been suspended for violation of acceptable use policy above. This is done only if the Company decides that there is enough evidence that the abuse will not be repeated and after a payment of a $50.00 re-activation fee. REPORTING VIOLATIONS OF EHOSTPROS AUP
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. eHostPros may take any one or more of the following actions in response to complaints:
eHostPros reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). |
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Terms of Service (TOS) |
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eHostPros.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of eHostPros Service constitutes acceptance and agreement to eHostPros AUP as well as eHostPros TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of eHostPros and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
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| a) Disclosure to Law Enforcement: | |
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition eHostPros shall have the right to terminate all service set forth in this Agreement. |
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| b) Service Rates: | |
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. |
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| c) Payments and Fees: | |
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by eHostPros. Subscriber acknowledges that their hosting plans/domain registration will automatically renew at same price until you cancel.
Accounts that are not collectable by eHostPros may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. |
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| d)Failure to Pay: | |
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. eHostPros.com do not host websites with cancelled subscriptions. |
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| e)Third Party Software Products | |
The Customer can use third party software on his/her account only if it is compatible with the Company servers and is approved by the Company. The Customer's use of any third party software is at the Customer's own risk. The Company cannot be responsible for any third party software performance. Any assistance with third party software is provided by the Company only upon Customer's request. The Company may charge an additional fee for such assistance, depending on the nature of the work required. The Customer is solely responsible for any license and other fees required by the software providers, for using any third part software installed on the Customer's account apart from the initial account setup. |
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| f) Backup Policy | |
The Company act in good faith to create a backup copy of each Customer's account once a week. However, these copies are intended for the Company internal use only. The Customer is solely responsible for making backup copies of his/her web site and content. The Company has no liability or obligation to create, store or provide any backup copy to the Customer website ,databases and other content. The Company cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of Customer's website and other content or having an outdated back up copy of Customer's website and other content. |
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| g) Technical Support Usage | |
The Company provides Technical Support to the Customer at no additional fee only for hosting related issues. The Company has the right to decide what is a hosting related issue and to charge additional fees or refuse support for non-hosting related issues. Any fees paid by the Customer for providing non-hosting related support are non-refundable. The Customer can requested technical support only by opening a ticket trough the Helpdesk system located in the Customer's area. The Company will have no liability to provide technical support if it is requested in any other way apart from the Helpdesk system. The Customer is solely responsible to use the appropriate Helpdesk category when posting a ticket. The Company will have no liability to respond to tickets opened in inappropriate categories. Customer must provide the Company with all information and access to facilities that the Company may reasonably require to provide the requested Technical Support. The Company cannot and will not be liable for any delays or increased costs or expenses associated with Customer's failure to provide any of such information. The Company will act in good faith to provide the requested technical support in the time frame expected by the Customer and to achieve the results required by the Customer. However, The Company has no liability or obligation to complete the requested Technical support by any deadline or achieve any particular outcome or result. The Company will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with the Company provision of Technical Support requested by Customer. The Customer should not abuse the Helpdesk system. Abuse of the Helpdesk system includes, but is not limited to, excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the Helpdesk system may result in warning, Helpdesk access restrictions, hosting account suspension or possible hosting account termination with no refund. |
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| h) Domain Names Policy | |
Domain Names registration and management The Company will register or renew any domain name on behalf of the Customer with a registrar selected by the Company. Customer's rights to any domain name registration or renewal are not granted by the Company, but are granted by ICANN, the registrar and the applicable laws. Each domain ordered by the customer is registered on the name of the Company intially for faster registration purpose.Each customer can manage his/her domain registered or transferred to the Company. The access to the domain name management tool is granted after a customer's request. The customer can always change personal details from domain management tool. The Customer can transfer the domain name registered by the Company to another domain name registrar at any time. Domain Name Transfers The Customer can transfer a domain name to the Company. The domain transfer is possible only if the Customer ensures that:
The Company charges the appropriate fee for the domain transfer, depending on the domain name extension. The Domain transfer fee is one-time and is non-refundable. The Company cannot be held responsible if a domain transfer is not successful due to the clients' failure to comply with the terms above. Domain Name Renewals When You register a domain name, the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. eHostPros.com will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with eHostPros.com, at eHostPros.com then current rates. Thus, if you have chosen to register your domain name for one year, eHostPros.com will automatically renew it for one year. If you have chosen to register your domain name for two years, eHostPros.com will automatically renew it for two years, and so on. If for any reason eHostPros.com is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire.It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If you fail to renew your domain name, you agree that eHostPros.com may, at its sole discretion, renew your expired domain name on your behalf by charging additional fee. If you do not renew domain during the Renewal Grace Period (10 days ) your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay eHostPros.com a Redemption fee and redeem your domain name. The Redemption fee is currently $180 USD+ Renewal Fee and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period eHostPros.com will not be responsible for your domain name deletion by principle registry. We at eHostPros.com do not have any control on domain once it is deleted. If you do not redeem your domain name prior to the end of the Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis. Note: All domain registration,renewal,transfer charges will be non Refundable.
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| i) Service cancellation,migration and refund policies: | |
| A) Service Cancellation and Refund Policy | |
Service Cancellation By the Customer |
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Any service provided by the eHostPros.com can be cancelled by the customer with a cancellation request posted through the cancellation form avaliable on our website. You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month. eHostPros preferred method of cancellation is via filling out the online cancellation form at: http://www.eHostPros.com/cancel-account.html |
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If a Web hosting service is cancelled by the client , the client is eligible for a refund on the following terms:
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| B) Service/plan Migration Policy | |
Upgrade Policy: eHostPros.com launches new plans and offers from time to time. If you choose to upgrade from existing plan to the higher plan, there won't be any charges i.e free cost. Plan Degrade Policy: If you choose to degrade from higher plan to lower plans, we will charge $10 non-refundable migration fee for degrade and plan cancellations charges also applicable. |
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Service Cancellation by The Company |
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The Company may cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving Customer as much prior notice as reasonably practicable. The Company may also cancel any of its services immediately with no prior notice and with no refund, if the Company determines in good faith that Customer's use of the service violates the terms of use. |
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| j) Services Ownership | |
The person/organization, whose information is filled in My Details? section in the Customer area is considered by the Company as the OWNER of the service. Initially this information is automatically filled by the Company using the information provided during the order process on the order page. If there is both an Organization and a person pointed out as owners, the priority is given to the organization. The change of ownership can be done at any time by changing the information filled in “My Details” section in the Customer area by the current owner. The owner is solely responsible for any change to this section. The Company will contact the Owner in any event connected with the ordered service. The Company will also consider the Owner as the only one authorized to make requests to the Company connected with the ordered service. This person/organization, who pays for the ordered service is considered the PAYER of the service and is NOT considered as owner of the service unless one of the following is true::
In case the OWNER is different from PAYER, the Owner is obliged to inform the Payer about the Company ownership policy. Any dispute about ownership that can arise will be settled by the Company based on the ownership policy described above. The Company will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision. |
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| k) Choice of Arbitrator | |
The Customer agrees that if any disputes or claims arise against the Company or its subsidiaries, such disputes will be handled by an arbitrator of the Company’s choice. All decisions rendered by that arbitrator will be binding and final. |
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| l) Terms of use change | |
eHostPros reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of eHostPros must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. |
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| m) Indemnification: | |
eHostPros wishes to emphasize that in agreeing to eHostPros Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies eHostPros for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to eHostPros or the bringing of any claim against eHostPros by any third-party. This means that if eHostPros is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against eHostPros, plus all costs and attorney's fees. |
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| n) LIMITATION OF LIABILITY: | |
eHostPros shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from eHostPros servers going off-line or being unavailable for any reason whatsoever. Furthermore, eHostPros shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of eHostPros servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@ehostpros.com. All complaints will be investigated promptly. |
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| o) Miscellaneous Provisions: | |
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
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| Thanks again for choosing eHostPros.com! We look forward to providing you with incredible service. |