These Terms of Service Agreement are an agreement between EnergyHost And you. This agreement sets in place the terms and conditions for the use of any products and services set forth by EnergyHost. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until you have been notified that it has been registered.
The registration and use of your domain names are subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of.COM/NET/ORG and other regional domain authorities for the various country-specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable in spite of refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services, we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
EnergyHost is not responsible for any damages your business may suffer. PaidBoom does not make implied or written warranties for any of our services. EnergyHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EnergyHost.
By registering for and using our services, you represent that. You are at least 18 years of age. The Services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement. If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the services. It is your responsibility to provide accurate, complete, and current customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with. If there is a reason for us to contact you, we will contact you using this email address. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account. Any dedicated IP order is subject to IP justification. IP justification policies may change to comply with the Indian Registry for Internet Names and Numbers (IRINN), American Registry for Internet Numbers (ARIN), and Réseaux IP Européens Network Coordination Centre (RIPE). You agree that changing the main domain on an account will incur a fee of $10 for each time the main domain is changed.
Our website migration service is provided as a courtesy. Our team will make every effort to help move your website to us, but we do not make any guarantees regarding the availability, possibility, or time required to transfer an account.
You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, User Content). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsible for ensuring that User Content complies with this agreement. EnergyHost exercises no control over and accepts no responsibility for, User Content or the content of any information passing through EnergyHost computers, networks, or points of presence. EnergyHost does not monitor User Content. You agree and acknowledge that EnergyHost take corrective action in EnergyHost sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and all Services without refund if you violate the terms of this Agreement. You hereby agree that EnergyHost will have no liability due to the corrective action that EnergyHost may take.
It is your responsibility to ensure that scripts and programs installed under your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password. The services, including all related equipment, networks, and network devices are provided only for authorized customer use. EnergyHost may but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, you consent to monitoring of network services for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. This includes but is not limited to denial of service attacks, brute force attacks, email spam, and webspam. Any account which causes us to receive an abuse report may be suspended or terminated. If you do not remove malicious content after being notified, we reserve the right to leave access to services disabled. We reserve the right to impose fees for verified abuse. Payment must be made for the abuse of services prior to account re-activation. We reserve the right to deviate from our abuse schedule as we see fit. Our abuse fee schedule is as follows.First, notice no charge. (Service will be suspended if not entertained in 12 hours)
We are not HIPAA compliant. Customers requiring secure storage of “protected health information” as define under the federal Health Insurance Portability and Accountability Act (HIPAA) are expressly prohibited from using the services for such purposes.
It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be applied to the oldest outstanding invoice in your billing account first. Unless otherwise provided, you agree that you will be billed on an automatically recurring basis to prevent the disruption to your services. All invoices must be paid within 2 days of the invoice due date. Any invoice that is outstanding for more than 2 days may result in the suspension of your service. Access to the account will not be restored until payment has been received. We reserve the right to charge a 10% late fee in addition to the invoice. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, payment methods, or identities. We may report misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies. Invoice for the monthly, quarterly, semi-annual, annual, biennial, and triennial recurring services will be issued 07 days in advance of the due date. Unpaid services will be suspended 02 days past the due date on the service. Unpaid services will be terminated 05 days past the due date on the service. You may dispute an invoice with EnergyHost prior to its due date. If you have any questions about a charge on your account, you may reach out to the billing department for assistance. Opening a dispute with your credit card company or initiating a chargeback is a violation of this agreement, and may incur an additional $75 chargeback fee.
EnergyHost provides a 30-day money-back guarantee for shared, premium, and VPS accounts. The following are eligibility requirements for the money-back guarantee. Customers must meet all eligibility requirements in order to be awarded a refund as per our money-back guarantee.
You have not been a customer of EnergyHost in the past. Abuse or
misuse has not occurred on your service (see Account Security
and EnergyHost systems, CPU, Bandwidth, and Disk Usage).
You have not initiated a dispute or chargeback.
You have been a customer in good standing of the service for no less than 20 days and no more than 30 days.
Money-back guarantee applies to the base of the yearly billing cycle.
Any violations of this agreement will waive your right to a refund.
All refunds are at the sole discretion of EnergyHost, including fees associated with primary services, additional features, and any setup fees previously assessed.
A maximum of 10GB of a shared and premium hosting account can be allocated to music, video or other multimedia files;
A maximum of 10GB of a shared and premium hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
A maximum of 10GB of a shared and premium hosting account can be allocated to databases and database dumps including but not limited to .sql files;
A maximum of 10GB of a shared and premium hosting account can be allocated to Executable files and all other files which are the result of compiling a program.
Under its sole discretion, EnergyHost reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension.
EnergyHost reserves the right to terminate service at any time. If an account is terminated for a policy violation there will be no refund. Customers can cancel service pursuant to the terms of their contract by email or through the portal. Only authorized contacts or viduals can cancel an account. Unless the client specifies a termination date, accounts will be terminated upon notice. Unless otherwise specified in the terms of Client’s contract and for all month-to-month services, cancellation notice must be received at least 7 days prior to scheduled service renewal date; furthermore, if service is canceled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically. Cancellation requests must be submitted via the EnergyHost client area by selecting “Request Service Cancellation” from the left navigation and submitting the cancellation form for the services being discontinued. Refund policies above strictly apply to all canceled accounts. If an account is canceled due to non-payment, EnergyHost reserves the right to delete contents without notice and re-provision the server.
Shared and premium hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including offsite storage of electronic files, email, or FTP hosting. We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users’ ability to use their services.
Dedicated and VPS usage is limited by the resources allocated to
the specific plan or server that has been purchased.
Bandwidth usage is actively monitored.
If your shared or premium server has a physical downtime that falls short of our 100% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or acts of God. Server uptime is defined as the reported uptime from the operating system and the webserver which may differ from the uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department. Please note that uptime guarantee requests must be submitted within 7 days of the actual downtime. Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.
Your use of our services is at your sole risk. Our backup
service runs daily and saves 7 backups. Only one week of backups
are kept at a time. This service is provided as a courtesy and
may be modified or terminated at our sole discretion. We make no
guarantees about the availability of these backups.
Limitation of Liability. In no event with EnergyHost, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if EnergyHost is aware of the possibility of such damages.
You agree to indemnify, defend, and hold harmless EnergyHost, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.