Hosting/Design Terms and Conditions
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In consideration for Hosting and Design Services to be delivered, Subscriber agrees to be bound to the following terms:
• Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
• Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service interruption and $50 reconnection fee.
• Service Cancellations must be submitted using the cancellation form inside our client system at least 7 days before your next monthly billing cycle.
• Once payment is collected the hostee has agreed that the work does is acceptable and any major layout changes will result in previous work being void.
• Elite Computer Solutions is not responsible for data integrity on equipment reclaimed for non-payment.
• Subscriber agrees to adhere to the Elite Computer Solutions Acceptable Use Policy.
• Subscriber agrees to adhere to the Elite Computer Solutions Data Center Rules and Procedures.
• Subscriber agrees not to engage in activity that violates federal (United States), state (New York) or local (New York County) laws applicable to the service terms described herein.
• Elite Computer Solutions reserves the right to discontinue service to any subscriber
it deems, in its sole discretion, violates any condition of service including the
Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.
DISCLAIMER OF LIABLILTY
Elite Computer Solutions will not be liable to the Customer for any damages, expenses, lost profits, lost savings, lost time, cost of recovering, reprogramming, or producing any program, information, data, or other files stored in or used with the server, or other damages arising out of the use or inability to use information, programs, data, or other files on the equipment.
Elite Computer Solutions does not accept any expressly disclaims any responsibility or liability for any equipment, networks, peripherals or components attached to the server by or on behalf of the Customer, or any loss of information, data files or images on the file server, or any time loss due to the unrecieved payments.
-Credits
a. Shared Hosting - In the event that your web site is not available for 99%, Elite Computer Solutions will credit the following month's service fee as follows. For any shared hosting client, such credit shall be available upon request of client and shall be as calculated below and as measured as a 30 day average in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
Monthly Uptime Credit
95% to 99% - Will recieve 10% off next months hosting
90% to 94.9% - Will recieve 20% off next months hosting
89.9% or below - Will recieve 50% off next months hosting
30 Day Return Policy
Customer has 30 days from the first day of your inital purchase to contact our company for a full or partial refund depending on the situation.
-Restrictions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
a. circumstances beyond Elite Computer Solutions's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
b. failure of access circuits to the Elite Computer Solutions Network, unless such failure is caused solely by Elite Computer Solutions;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of Elite Computer Solutions;
e. issues with FTP. POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any Elite Computer Solutions measurement system;
g. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Elite Computer Solutions's Terms and Conditions and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation. To re propagate some times can take 1 Hours to even 72 Hours.
j. outages elsewhere on the Internet that hinder access to your account. Elite Computer Solutions is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Elite Computer Solutions will guarantee only those areas considered under the control of Elite Computer Solutions: Elite Computer Solutions server links to the Internet, Elite Computer Solutions's routers, and Elite Computer Solutions's servers.
Server and Support Resource Abuse
(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling or renaming of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Any guarantees are void if you are in violation of any type of excessive use or abuse of server resources.
Abuse may also apply to our support ticket system and staff. Abuse is defined as submitting multiple tickets for the same issue within an unreasonalbe timeframe or any poor treatment of our support staff either inhouse or contracted. We may at any time refuse service based on support or ticket system abuse.
Email Spam
Abuse of email systems to spam mass amounts of emails out and of that nature will be subject to 1 warning. Once the warning has been given their email server will be monitred and if a repeat offence occurs the hosting account will be removed and no refund can be given.
Child Pornography
Our policy on child pornography is ZERO Tolerance!. Elite Computer Solutions will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Elite Computer Solutions network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Free Services offered at Signup
If you receive any free offers such as but not limited to free domain names during signup and cancel your account within 6 months you are no longer owner of any of the free services that you may or may not have received. We reserve the right to take back any service, product, gift or domain name we provided to you.
Subscriber agrees to indemnify and hold harmless Elite Computer Solutions and the employees and agents of Elite Computer Solutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Elite Computer Solutions SHALL NOT BE LIABLE FOR i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE ELITE COMPUTER SOLUTION's SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS ELITE COMPUTER SOLUTIONS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED ELITE COMPUTER SOLUTIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND ELITE COMPUTER SOLUTIONS SHALL HAVE NO LIABILITY THEREFORE.
Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or ELITE COMPUTER SOLUTIONS as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.
Last Updated: August 31,2007
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