Terms of Service 2016-12-12T11:53:17+00:00

What is this?

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our services. Use of our services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of Elcoserv’s services implies agreement with these terms!

Questions?

Any questions regarding this agreement should be sent to Elcoserv’s Pre-sale enquiry at contact@elcoserv.com prior to signing up for service.

Terms of Service

Elcoserv.com (hereinafter referred to as “Elcoserv”) provides web hosting to people all around the world. We have the responsibility to protect each client and provide them with the best service possible. The following guidelines were designed to ensure that our services remain of the utmost quality. Please read very carefully before ordering and/or using Elcoserv services.

Service Agreement

The Elcoserv Service Agreement is a separate agreement between Elcoserv and all customers. Please make sure you are in agreement with the following points and conditions, as well as our service agreement (in its entirety) before signing up for or using Elcoserv’s services. Contact our Pre-sale enquiry at contact@elcoserv.com for any clarifications.

Resource Usage Policy

The Elcoserv Resource Usage Policy is an extension of the Terms of Service containing more specific utilization policies. Please make sure you are in agreement with its points and conditions before signing up for or using Elcoserv’s services. Contact our Pre-sale enquiry at contact@elcoserv.com for any clarifications.

Domain Registration Agreement

The Elcoserv Domain Registration Agreement is applicable for all domains registered by or transferred to Elcoserv by a client. By registering or transferring a domain, client acknowledges their acceptance of the Domain Registration Agreement. Contact our Pre-sale enquiry at contact@elcoserv.com for any clarifications.

Content

All services provided by Elcoserv.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any European Regulation or EU member State law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Elcoserv.com from any claims resulting from the use of the service which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any Elcoserv.com server. This includes sites that may infer sexual content, or Link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Elcoserv.com servers or any other server on the internet. Links to such materials are also prohibited. Contact our Pre-sale enquiry at contact@elcoserv.com for any clarifications.
Examples of non-acceptable content

  • Pirated software
  • Bulk Email related products
  • Pornography
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material illegal under any EU Member State law
  • Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Elcoserv.com will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!

Copyright Violations

Elcoserv will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

System Resource Usage

If Elcoserv’s system administration team determines that an account is utilizing an unacceptable amount of system resources, Elcoserv may temporarily deactivate the account in question. If Elcoserv’s staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with seven (7) days in which to either upgrade to a VPS or other hosting solution as recommended by Elcoserv staff or locate a new provider. This only occurs in extreme cases; Elcoserv will do all it can to assist customers prior to this scenario.
Elcoserv.com will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.

Backups

Elcoserv performs nightly backups of shared, reseller and Managed VPS servers; however, these backups are for Elcoserv’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Elcoserv does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Elcoserv’s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back up your site to your personal computer! We offer no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or sending of unsolicited email, from an Elcoserv.com server or using a return email address that is maintained on an Elcoserv.com server is STRICTLY prohibited. Using SPAM to advertise a site hosted on Elcoserv’s network also constitutes violation of this provision. Elcoserv.com will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately deactivated and no refund will be issued.
For anyone intentionally spamming on our systems, we reserve the right to bill them at rate of €50/hour for any cleanup, research, and related work from their illegal activities.
Help us STOP SPAM! Please email our abuse department immediately to report a violation of our SPAM policies.

Support Abuse

At Elcoserv, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host. A pro-rated refund may be issued on a case-by-case basis.

Server Abuse

Any attempts to undermine or cause harm to an Elcoserv.com server or customer of Elcoserv.com is strictly prohibited.
Elcoserv.com will be the sole arbiter as to what constitutes a violation of this provision. Accounts found in violation of this provision will be subject to immediate account deactivation without refund. Elcoserv will turn over to the proper authorities and will press charges against available information about abuse incidents, including customer contact data, .

Cancellation

Cancellations are processed by our Billing department. To cancel an account, submit your cancellation request to Billing via Client Area. To expedite your request, be sure to include the following information:

  • Primary domain name of the account
  • Answers to your two selected security questions
  • Verification that you have downloaded a backup of all necessary files

Refunds

The 30 Day Money Back Guarantee applies to the following services only:

  • Shared Web Hosting
  • Reseller Hosting
A 15 Day Money Back Guarantee applies to the following services only:
  • Managed VPS Hosting
  • Unmanaged VPS Hosting
The 15 or 30 Day Money Back Guarantee does not apply to nor are refunds available for the following services:
  • Semi-Dedicated Hosting
  • Managed Dedicated Servers
  • Unmanaged Dedicated Servers
  • Domain Name Registrations/Transfers/Renewals
  • IP Addresses
  • Add-Ons
Note that the 15/30 day period ends exactly 15/30 days from the day on which account was originally activated (not the day the order was placed). It is not valid towards account renewals. This guarantee is VOID if your account violates our Terms of Service or Service Agreement. Setup fees are non-refundable. External services, such as but not limited to, dedicated IP addresses, installation charges etc., are non-refundable.
Pro-rated service credit and refunds are available for the following services:
Shared Web Hosting
Reseller Hosting
Managed VPS Hosting
Unmanaged VPS Hosting
Dedicated Hosting
Pro-rated service credits are calculated using the price originally paid. Pro-rated refunds are calculated using the price originally paid minus any discounts received for long-term contracts.

Failure to Follow Policies

Failure to fully comply with these terms constitutes grounds for account suspension and/or deactivation (with or without refund, subject to Elcoserv’s discretion). Any accounts and/or servers contained within Elcoserv’s network must adhere to the above policies.

We reserve the right to remove any account without prior notice. If we deactivate your account for violating our policy, you will forfeit your rights to a refund–and none will be given. No refunds are offered for advanced payment. Our normal policy is a warning first, and account deactivation after the second offence, without any warning.

Elcoserv.com reserves the right to deactivate and remove any site hosted on our servers that contains any content that it deems in its sole discretion to be unacceptable, undesirable or contraindicated.