Terms of Service

1. User Conduct

Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to ePlusHosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Restrict or inhibit any other user from using and enjoying the Internet.
ePlusHosting reserves to the right to the final decision on what constitutes abuse.

2. Resource Usage, Adult-Oriented Sites

Users may not initiate the following on our servers:

Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Host illegal MP3 content, store large Audio / Video Archives (any format).
Provide free hosting services, free webmail services or free software hosting services.
Run any site with adult-oriented content, including but not limited to any pornographic material.
Users are also required to abide by the following:

Databases are only to be used for ePlusHosting-hosted web sites, and no outside access will be granted.

Zero Tolerance Spam Policy: We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

ePlusHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. eplusHosting also reserves the right to make any such modifications in an emergency at our sole discretion.

3. Indemnification

You agree to indemnify, defend, and hold harmless ePlusHosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ePlusHosting, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

4. Refusal or discontinuation of service

ePlusHosting reserves the right to refuse or discontinue service to anyone at ePlusHosting's sole discretion. ePlusHosting may deny you access to all or part of the service without notice if you engage in any conduct or activities that ePlusHosting in its sole discretion believes violates any of the terms and conditions in this agreement. ePlusHosting shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that ePlusHosting has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. ePlusHosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. ePlusHosting also reserves the right to refuse refunds in cases where ePlusHosting believes abuse has taken place.

5. No warranties

ePlusHosting makes no warranties or representations of any kind for the services being offered. The service is provided on an «as is» and «as available» basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by ePlusHosting or its agents or employees shall create a warranty. ePlusHosting provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall ePlusHosting be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with ePlusHosting service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on the serversprovided by ePlusHosting that such information becomes available to all Internet users and that ePlusHosting has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of the servers provided by ePlusHosting and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through ePlusHosting or on the Internet generally.

Your use of the service is at your sole risk. ePlusHosting is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the servers provided by ePlusHosting.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by ePlusHosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future ePlusHosting policy decisions.

ePlusHosting reserves the right to monitor any and all communications through or with our facilities. You agree that ePlusHosting is not considered a «secure communications medium» for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Account-Holder Identification Information

You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply ePlusHosting with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. Sharing of account space & resale restrictions

You agree and understand that the account you purchase is purchased for yourself.

8. Payment & Other Information

You agree to supply appropriate payment for the services received from ePlusHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify ePlusHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Non-Payment of services shall result in a 10-day notice of disconnection. All payment failures must be cured within 10 days of notice. Subscribers failing to secure payment within 10 days of notice will incur service interruption and $10 reconnection fee.

ePlusHosting is not responsible for data integrity on equipment reclaimed for non-payment.

9. Agreement Acknowledgement

This agreement supersedes any written, electronic, or oral communication you may have had with ePlusHosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement be determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on the serversprovided by ePlusHosting you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

10. Money Back Guarantee

Each hosting plan includes a full 30-days money back guarantee.

Our web hosting plan include a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services. Also not included are Domain Parking services, Domain Registration and Dedicated services and any additional services such as overages, disk space, bandwidth, maintenance fees. No refunds are available after 30 days. Any request for cancellation must be received via the web form, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.

Accounts cancelled/terminated by ePlusHosting for violating our Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

Only first-time accounts are elegible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be elegible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department. Please note that refunds will be made within 14 business days from cancellation date.

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 ePlusHosting 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.

ePlusHosting
540 N Main St
Pocatello, Idaho 83204

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.