IMPORTANT!
THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE
OF THE ELECTED HOSTING WEB SITE, MATERIALS AND SERVICES BY YOU AND YOUR
EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB
SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR
REFERRED TO IN THESE TERMS AND CONDITIONS. Elected Hosting RESERVES THE
RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE
DISCRETION. YOUR USE OF THE WEB SITE/MATERIALS/SERVICES AFTER SUCH CHANGES
ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation
of the order or our offer to sell. We reserve the right, in our sole
discretion, without prior notification, to accept or decline your order or
limit the order quantity for any reason. For credit card payments, such
payment is subject to the approval of the financial institution issuing
the credit card and we shall not be liable in any way if such financial
institution refuses to accept or honor the credit card for any reason. We
may require, at our option, that any order placed over certain dollar
amounts receive our pre-approval. We also may require additional
verification or information before accepting any order.
Acceptance of Contractual Agreement
1. Client agrees that by placing an order
either by means of electronic ordering (web order form) or submitting a
written contract, and receipt of such order by Elected Hosting, that you
are agreeing to our TOS, AUP, and SLA. No modifications of said contract
by customer are allowed.
2. Elected Hosting will provide, and
Customer will purchase and pay for, the Services, and service fees
specified in the Order for the applicable Service Description. Customer
acknowledges that the service and service fees have been communicated to
the customer, and that he/she is aware of all applicable charges as per
contract, AUP, SLA, and TOS. Customer also understands that any
promotional offers unless specified in contractual terms will not be
applicable to their individual service.
3. In connection with any Hosting
Services, if Customer�s actual bandwidth or disk usage in any month
exceeds allotted amount, specified in Customer�s contract, Customer will
pay Elected Hosting any additional fees as specified in the Service
Description. If you do not pay, Elected Hosting will suspend your account
until payment is received.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to Elected Hosting. Subsequent payments are due on the
anniversary date of the month for that month�s service, unless customer
requests all monthly payments to be consolidated to one specific billing
date.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Credit cards that are declined for any reason are subject to a
$10.00 declination fee. Service will be interrupted on accounts that reach
10 days past due. Service interrupted for non-payment is subject to a
$10.00 reconnect charge. Accounts not paid by due date are subject to a
$5.00 late fee.
Delinquent Accounts:
Elected Hosting may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination or
denial will not relieve Customer of responsibility for the payment of all
accrued service fees, or any collection fees.
ACCEPTANCE OF TERMS
Elected Hosting makes available for your use on this Web site (the "Site")
information, documents, software and products (collectively, the
"Materials") and various services operated by Elected Hosting
(collectively, the "Services"), subject to the terms and conditions set
forth in this document (the "Terms of Use"). By accessing or using this
Site, which includes your access to or use of any of the
Services/Materials, you agree to the Terms of Use. Elected Hosting
reserves the right to change the Terms of Use from time to time at its
sole discretion. Your use of the Site will be subject to the most current
version of the Terms of Use posted on the Site at the time of such use. In
addition, when using particular Services or Materials on this Site, you
shall be subject to any posted guidelines or rules applicable to such
Services or Materials that may contain terms and conditions in addition to
those in the Terms of Use. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use. If you breach any of the
Terms of Use, your authorization to use this Site automatically terminates
and you must immediately destroy any Materials downloaded or printed from
the Site.
Account Cancellation:
All requests for canceling any service / services must be made through the
Elected Hosting Billing Center. Confirmation receipt of cancellation will
be sent within 24 hours.
Refunds and Disputes:
All payments to Elected Hosting are non-refundable after Customer's 30-day
money-back guarantee period. This includes any setup fees and monthly
fees, regardless of usage. All billing disputes must be reported within 30
days of the time the dispute occurred. Disputed charges to your credit
card issuer, also known as chargebacks, under the terms and conditions of
our SLA, AUP, and TOS, will result in service interruption, as well as
reconnection fees to restore the desired service.
You will only receive our money
back guarantee if it is stated so on the page of the plan purchased. This
30-day money-back guarantee does not apply to all plans. We have the right
to decline any money back guarantee if we believe that service was filled
in a timely manner.
LIMITED LICENSE
Use of certain Elected Hosting services grants a limited license to use
various software products, including Plesk, cPanel, Confixx, Directadmin
and Clientexec, this list is not exhaustive. The limited license allows
you, the customer, to make use of such software, up to the limits of your
service, for as long as your service is current and up to date. Upon
termination of your service your right to use such software is also
terminated and any licence keys, serial codes etc. should be returned to
Elected Hosting and no longer used. The limited license grants rights to
use such software on Elected Hosting equipment only and the license cannot
be used on any other equipment.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require user-supplied
information, materials or communications (collectively, 'User Content').
Depending upon the nature of the Service, by submitting User Content to
this Site you grant Elected Hosting one of the following two types of
licenses:
1. For User Content that is the result of
your creative efforts, such as examples of work you have done using
Elected Hosting products, you hereby grant Elected Hosting a worldwide,
royalty-free, non-exclusive license to reproduce and modify (for purposes
of formatting, maintenance or Site administration only) such User Content.
You also grant Elected Hosting the right to distribute and publicly
display and perform such User Content for the purpose for which such User
Content was submitted to the Service. This license will be in effect until
such User Content is removed from the Site.
2. For User Content such as comments to
the Elected Hosting User to User Forums, Knowledge base, you grant Elected
Hosting an unrestricted, worldwide, irrevocable license to use, reproduce,
display, perform, modify, transmit and distribute such User Content, and
you also agree that Elected Hosting is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose. However, we will
not release your name or otherwise publicize the fact that you submitted
such User Content to us unless: (a) we first notify you that the User
Content you submit to a particular part of the Site will be published or
otherwise used with your name on it; or (b) we are required to do so by
law.
USE AND PROTECTION OF USERNAME AND
PASSWORD
You are responsible for maintaining the confidentiality of your username
and/or password, if applicable. You are responsible for all uses of your
account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU
AND Elected Hosting, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, Elected Hosting MAKES NO WARRANTY THAT (i)
THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS
WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM
THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE
EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90)
DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. Elected Hosting MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND
Elected Hosting MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
Elected Hosting ASSUMES NO RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS
AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES
TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL Elected Hosting OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER OR NOT Elected Hosting HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM Elected Hosting OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links to third-party
Web sites that are not under the control of Elected Hosting. Elected
Hosting makes no representations whatsoever about any other Web site to
which you may have access through this Site. When you access a non-Elected
Hosting Web site, you do so at your own risk and Elected Hosting is not
responsible for the accuracy or reliability of any information, data,
opinions, advice, or statements made on these sites or for the quality of
any products or services available on such sites. Elected Hosting provides
these links merely as a convenience and the inclusion of such links does
not imply that Elected Hosting endorses or accepts any responsibility for
the content or uses of such Web sites.
This Site can be accessed from other
countries around the world and may contain references to Elected Hosting
products, services, and programs that have not been announced in your
country. These references do not imply that Elected Hosting intends to
announce such products, services or programs in your country.
Entire Agreement; Amendments
These Terms and Conditions, together with the Acceptable Use Policy and
the Privacy Policy, supersede any prior discussions, negotiations and
agreements between the parties with respect to the subject matter hereof,
and these Terms and Conditions, together with the Acceptable Use Policy
and the Privacy Policy, constitute the sole and entire agreement between
the parties with respect to the matters covered hereby. |