All users of ElgibborHost services, and all customers upon signing up for ElgibborHost services, agree to comply with ElgibborHost Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using ElgibborHost services with due regard to the rights of other Internet users and in conformity with the requirements of ElgibborHost network environment. The TOS are not exhaustive and ElgibborHost reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.ElgibborHost.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@ElgibborHost.com. Please see our abuse terms for more details on abuse policy. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of ElgibborHost, this TOS supersedes any other agreement with ElgibborHost, whether written, oral, by conduct, or otherwise.
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. ElgibborHost 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.
Any script that consumes large amounts of resources is not allowed, such as (but not limited to): Bots, proxy scripts, rapid leech scripts, torrent related scripts, PTC (Paid-to-click) site scripts, file or image hosting scripts, mail-bombers or spam scripts, topsites scripts, auto-blog scripts and plugins. Such scripts will be terminated immediately with no prior notice and account owners will not be eligible for a refund. We provide shared hosting, therefore, any script you run that will consume large amounts of resources affects other customers on your server negatively, so please use common sense when using a script. If you are unsure of any script, before running the script in your account, please contact ElgibborHost Sales or Support to ensure the script is allowed.
Any account suspended or terminated due to violation of our Terms of Service will not be given a backup or refund.
ElgibborHost has a "No Tolerance" policy on Spam. Sending unsolicited, bulk and/or commercial messages over the Internet or by text messaging (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ElgibborHost customers. ElgibborHost also does not allow CAN-SPAM compliant bulk email or consider emails not Spam just because you include an Opt-Out notice. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, sending unsolicited text messages, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ElgibborHost server, and selling or distributing software (on a Web site residing on a ElgibborHost server) that facilitates spamming. If a ElgibborHost server IP has become blacklisted due to spamming by a users domain name hosted on our servers, the violator will face immediate termination and no refunds will be given. ElgibborHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any client found to be spamming may face a spam cleanup fee from $250 - $500 depending on the circumstance and level of cleanup involved. Any account suspended or terminated due to spamming will not be given a backup or refund.
"Stress testing" or purposely receiving DDoS/DoS attacks is not tolerated on our servers. In order to ensure all clients receive an acceptable level of service on our servers, we will do our best to ensure any account that is receiving a DoS attack does not affect other accounts on that particular server or degrade overall server performance. This includes, but is not limited to: null routing the offending IP address(s), suspending the account receiving the DoS and/or terminating the account.
This also includes sending a DDoS/DoS or taking part in a DDoS/DoS from any ElgibborHost account, be it shared/reseller/vps or dedicated server. Any account found actively sending abusive traffic will be immediately suspended and possibly terminated with no refunds given.
Your ElgibborHost shared hosting account may not be resold and you may not resell any shared hosting services provided by ElgibborHost. This includes, but is not limited to, email accounts, add-on domains and FTP accounts. Violaters will face immediate termination and no refunds will be given.
If you would like to resell hosting space, please see our reseller hosting plans.
ElgibborHost 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 ElgibborHost.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 ElgibborHost.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 ElgibborHost.com cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via ElgibborHost' 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.
ElgibborHost performs weekly full account backups. Weekly backups include the backup of all account data, email accounts and MySQL databases. Weekly backups are for ElgibborHost disaster recovery purposes only. Resellers accounts and their client accounts are included in the accounts we backup, however, backups are not included as a part of their service and Resellers are responsible for their own backups and should not rely on the backups ElgibborHost performs. No guarantee of data is expressed or implied. Accounts are only included in weekly backups that are 5GB or less.
ElgibborHost does not allow IRC or IRC bots to be operated by any client.
ElgibborHost Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. Running any online gaming is prohibited due to intense CPU and memory usage.
The legal owner of customers' Web sites and accounts with ElgibborHost will be the individual or organization whose name is listed in ElgibborHost database as the owner. Customers will fully cooperate with and abide by any and all of ElgibborHost security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ElgibborHost.
ElgibborHost 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: warez; nulled scripts; copyrighted material; providing access to or linking 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 ElgibborHost services, all ElgibborHost customers certify that they and/or the organization they represent in procuring services from ElgibborHost 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. ElgibborHost reserves the right to immediately terminate any account containing, providing access to or linking to illegal material. Clients terminated for violating our copyright policy or Terms of Service will not be eligible for refunds or backups of their data.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ElgibborHost customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ElgibborHost customer (per the DMCA) to ElgibborHost 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 ElgibborHost sole discretion.
Send the notification via mail to:
ElgibborHost - DMCA Complaints
PO Box 511441
Livonia, MI 48151 USA
Send email notifications to:
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.
ElgibborHost 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 ElgibborHost will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that ElgibborHost 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 ElgibborHost may do so by disabling access to your entire web site or terminating your account.
The use of ElgibborHost services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ElgibborHost 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.
ElgibborHost customers agree to protect, defend, hold harmless, and indemnify ElgibborHost, any third party entity related to ElgibborHost (including, without limitation, third party vendors), and ElgibborHost 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 ElgibborHost services.
The ElgibborHost 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. ElgibborHost expressly disclaims any representation or warranty that the ElgibborHost service will be error-free, secure or uninterrupted. No oral advice or written information given by ElgibborHost, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ElgibborHost 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ElgibborHost (INCLUDING, WITHOUT LIMITATION, ElgibborHost' 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 ElgibborHost' 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 ElgibborHost 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 ElgibborHost SERVICES EVEN IF ElgibborHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ElgibborHost' TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ElgibborHost' SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ElgibborHost OR ElgibborHost' 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.
ElgibborHost 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 ElgibborHost services. Certain changes to ElgibborHost services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ElgibborHost is not liable, for any and all such personalized applications and content, except as expressly agreed to by ElgibborHost.
Except where ElgibborHost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ElgibborHost 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 ElgibborHost services. ElgibborHost servers are also NOT be used as a backup storage and is only intented for hosting web files.
The TOS, and any other agreement for ElgibborHost services, will be governed by and construed in accordance with the laws of the State of Michigan, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ElgibborHost will take place in Michigan, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other ElgibborHost 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.
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 ElgibborHost and its customers. Each of ElgibborHost 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.
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.
The TOS, and/or any other specific agreement for ElgibborHost services, constitutes the complete understanding and agreement between ElgibborHost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ElgibborHost, 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 ElgibborHost services is between ElgibborHost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ElgibborHost.
We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of ElgibborHost.com must adhere to the above policies.
You agree that certain services may be provided by third party providers of ElgibborHost 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.
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 ElgibborHost.com and we will work with you so that you are not in violations of these terms.
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. ElgibborHost does not permit CGI script sharing with domains not hosted by ElgibborHost or any scripts that may be abused for UCE purposes.
ElgibborHost will not tolerate clients that are abusive towards our staff. This includes but is not limited to: Using abusive language or threatening a staff member. ElgibborHost reserves the right to decide what is considered abusive and immediately terminate clients that commit the abuse.
The following Terms of Service constitute ElgibborHost Billing Policy and apply to ALL ElgibborHost customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. ElgibborHost accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. Accounts with a recurring payment method such as a PayPal subscription, will continue until such time that you cancel your account in accordance with ElgibborHost Billing Policy in the TOS. You are directly responsible for keeping your recurring payment information up-to-date (including, but not limited to card number, expiration date, billing address, or card status).
Customers agree to make payment of their balance due within ten (10) days of the Account Statement Date.
All VPS/dedicated hosting accounts are due on the date due. If not paid on the due date, the server will be deactivated and scheduled to be formatted and redeployed.
Shared/Reseller Accounts that are ten (10) days past due will be automatically suspended. Accounts reaching (30) days past due are automatically terminated. When an account is terminated for non-payment, all files and databases related to the account are deleted and are not retrievable. 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.
You may add up to $30.00 to your account credit balance in $10.00 intervals. Your credit balance can only be used for ElgibborHost products and services. Any payments due will be automatically deducted from your available account balance. Account credits are non-refundable and cannot be withdrawn at any time. If you need to add more than $30.00, please contact our Billing team. All account credits are non-refundable.
Any overpayments made to your account will be automatically added to your accounts credit balance and are considered non-refundable.
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 yearly paid 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 $10 will be charged.
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 ElgibborHost that you would like to cancel your account.
Credit Card Chargebacks
A $50.00 chargeback fee will be assessed for each credit card chargeback received by ElgibborHost.
Please refer to the following knowledgebase article for instructions on properly cancelling your account:
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request for the service from our client area. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by ElgibborHost 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 ElgibborHost. ElgibborHost is unable to cancel your account effective for a future date. ElgibborHost will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact ElgibborHost as soon as possible.
Any active PayPal subscriptions must be cancelled by logging into your PayPal account upon cancelling your ElgibborHost account to avoid being automatically billed by PayPal for future payments. If you fail to do so, any overpayments will be added to your accounts credit balance and are non-refundable.
ElgibborHost 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 ElgibborHost services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. ElgibborHost reserves the right to cancel any account, at any time, without notice, for any reason ElgibborHost considers appropriate.
Each of ElgibborHost 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. Refunds will not be issued for the sole purpose of using our services in a "Free Trial" manner or for "buyers remorse". The following services and conditions do not qualify and/or can render the 30 Day Money Back Guarantee void: (a) Dedicated Server plans, VPS Server plans, Server Management Services, Domain name registration, SSL certificates, domains transfers, 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. Cancellations of domain name registrations and transfers must be requested within 3 days of registration and there is a cancellation fee a $1.49 per domain name. After 3 days, no refunds will be given for domain name registration or domain transfers.
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.
There are no refunds given at any point for the following services:
Dedicated Server plans
VPS Server plans
Server Management Services
Any addon services
ElgibborHost 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 ElgibborHost discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.
ElgibborHost policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
ElgibborHost' spam policy also includes our affiliate program. Affiliates are not permitted to use spam in order to generate sales. If notification is received that your affiliate ID is included in a spam email, your affiliate account will be terminated and all funds within your account will be forfeited.
All affiliate sales payments are held for 90 days. If the client cancels or presents a chargeback or any type of payment dispute, the sale is considered null and void. All payments are made by PayPal and you can withdraw at any time once your account reaches $15.00. You can also add your affiliates commissions to your account balance to pay for your hosting account.
Websites that do nothing more than promote coupons or promotional codes are not allowed to participate in our affiliate program. Websites that do nothing more than lure visitors using our brand name are also not allowed to participate in our affiliate program.
Affiliate payouts are limited to $150 per month per affiliate and all payouts are subject to approval.
Methods known as "cookie-stuffing" and other types of affiliate fraud will not be tolerated. Affiliates trying to cheat our affiliate system or using a website that is not allowed, will have their account terminated immediately and all funds will be forfeited.
All reseller accounts must abide by the same policies in our Terms of Service as any other account and are in no way exempt.
Resellers are not permitted to offer free hosting plans or free trial offerings with our reseller hosting plans.
ElgibborHost reserves the right to suspend or terminate any reseller account or reseller client account(s) we find to be abusive, illegal, etc. as per our regular Terms of Service abuse policy.
To avoid fraudulent usage, all dedicated server and VPS orders are subject to verification. Any client may be asked at any time to present valid government issued ID to validate their order and identity, such as a drivers license or passport. If paying by credit card we may ask for a scanned copy of the card as well. Refunds will not be given for clients that cannot present valid ID upon request. If you cannot or are unwilling to present valid indentification upon request, please do not submit an order.
ElgibborHost' spam policy also applies to our dedicated server accounts. Dedicated server clients may not use their server(s) to send bulk email or any large amount of email that is considered spam.
Dedicated server clients may not use their server(s) to run abusive scripts, such as but not limited to: IRC bots, bruteforce scripts, port scanners, vulnerability scanners, bots, sites that promote malware, phishing.
ElgibborHost dedicated servers may not be used for any type of activity deemed illegal by our local laws (Michigan, USA). This includes but is not limited to: distributing/using cracked/nulled software, child pornography, distributing/using copyrighted materials without permission.
ElgibborHost has a no refund policy on all of our dedicated server and VPS plans. All sales are final.
Dedicated IP addresses purchased from ElgibborHost are non-transferrable and cannot be transferred to a new host. The assigning of dedicated IP addresses are subject to ARIN's new policies which require justification for the need of the IP address. An example of proper justification includes, but not limited to: SSL certificates, reseller accounts and dedicated servers. ElgibborHost will deny requests for dedicated IP addresses without proper justification.
A WHMCS license is provided for free on our Expert Reseller hosting plan. Our free WHMCS licenses are not transferrable and are only active with an open and current ElgibborHost Expert hosting plan. Accounts ordered using a promotional code are disqualified from and not eligible for the free WHMCS offer.
Free domain names are only available on select hosting plans. The extensions allowed are: .com, .net, .org, .info and .biz. Free domain names must be redeemed at the time of your initial order and cannot be requested after your order has been completed, including upgrades. Domain names are free for the first year and our regular price upon renewal. Free domain names included with the purchase of qualifying hosting plans are non-transferrable. Domains obtained free with qualifying hosting plans may be transferred once the regular domain registration fee is paid and 90 days after initial purchase has been reached. Accounts that are upgraded from a plan without a free domain do not qualify for a free domain.