Web Hosting Terms Of Service
The Service that is subject to the following agreement is provided by EME Host in association with The Service that is subject to the following agreement is provided by EME Host in as Opbevar OÜ. EME Host and Opbevar OÜ will be referred to as EME Host for the sake of brevity in this document.
As a Customer of our Services, you need to be aware that, when signing up for an account with EME Host, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.
As a Customer of our Services, you understand and agree also that it is beyond the power of EME Host to restrict any public access to the data that you position on our servers and guarantee the security of your files. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.
ENTIRE AGREEMENT; SERVICE AGREEMENTThese Web Hosting Terms of Service, together with our Acceptable Use Policy , constitute the whole act of convention between You – the Customer, and EME Host. EME Host shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and EME Host. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services. In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement. This agreement shall be interpreted in consistence with the laws of the State of Florida, US, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
- EME Host HOSTING SERVICESA web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.
EME Host offers only web hosting services, not data storage services. A web hosting service consists of the following:
- Disk Space – We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.
- Traffic – Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.
- E-mail accounts – different number of e-mail accounts are available for setup with each web hosting plan.
- MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
- Database Storage – Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact sales for pricing.
- IP Address – EME Host’s hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by EME Host. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.NB: Please note that according to IANA – the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.
- SSH – In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.
- Server Hardware Breakdown;
- User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, EME Host is not responsible for the downtime);
- Failure due to software that is not explicitly supported by EME Host. If a hardware crash provoked by the customer consequently occurs, EME Host is beyond the control and responsibility for the resulting downtime.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALESERVICE ACTIVATION For newly signed up clients – the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled. For existing customers – the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment. CONTINUANCE TIMESCALES Shared Web Hosting Accounts – all newly-created shared hosting accounts with EME Host are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.
SERVICE EXPIRATION AND RENEWALHOSTING SERVICE The hosting service is active for one year (365 days). After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for two months, after that it will be permanently deleted. E-mail notifications regarding each account’s expiration are dispatched twice – 14 days and 7 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. EME Host ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.
CUSTOMER RESPONSIBILITIESACCOUNT REGISTRATION AND MANAGEMENT In consideration of their use of the Service, customers agree to:
- Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or EME Host has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, EME Host has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
- When introducing any changes to their contact details, customers are obliged to notify EME Host in the course of 10 business days after the changes become valid. The introduction of changes should be done online through the customers’ Web Hosting Control Panel, not via e-mail. This requirement is also in force for EME Host, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
- Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account. Customers agree to: a) immediately notify EME Host about any unauthorized use of their password or account or any other breach of security; b) ensure that they safely exit (log out from) their account at the end of each session. EME Host cannot and will not be liable for any loss or damage of account information arising from Customer’s failure to comply with this provision.
- If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, EME Host will take the side of the person who paid for the account and shall not provide access to any other person, since – a hosting account owner is and will be considered to be the credit card /PayPal account holder.
- If the hosting account owner deceased prior to the expiration of his/her account EME Host will require death certificate or any other legal document that can provide an official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, EME Host will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
- CPU usage (or usage of the Central Processing Unit(s) of the web server the customer’s account is hosted on) – The CPU usage is subject to some regulations. Each hosting account can use up to 10% of the CPU power for no longer than 180 seconds at any given time, and/or the percentage given per 24 hours in the features configuration of the Customer’s plan. EME Host’s web hosting plans include the following CPU quotas (per 24 hours).
Web Hosting Plan Name CPU Limit Business 5% Corporate 7% Enterprise 10%
- E-mails – Customers are NOT allowed to send more than 1500 emails per day / 150 email per hour per hosting account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent). When sending emails via a Mailing List, users are NOT allowed to send more than 1500 emails per day per account (or 1 email to 1500 subscribers, respectively). Each web hosting account is entitled to 2 GB of email storage and an email file limit of 50 000, which are shared between all mailboxes created for the account.
- File Quota – The file quota (the maximum amount of files to be hosted in a single web hosting account) is different for each web hosting plan. The Business and Starter web hosting plans are entitled to host maximum 150,000 files and the Corporate plan – up to 300,000 files. The Enterprise plan allows customers to host up to 450,000 files. All other plans are allowed to host 50,000 files.
- Disk Space & Traffic – EME Host offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes – the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..
- MySQL usage – each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
- Access and error logs – The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.
- Server content MUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of EME Host Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. EME Host expressly bans the use of any EME Host hardware or software hosted on a EME Host server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a EME Host Service representative.
- Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.
- Using EME Host temporary URL is not defined as a bandwidth stealing. However customers should not rely on EME Host temporary URL as a basic URL. Traffic processing there is not recommendable. EME Host cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.
NO UNLAWFUL OR PROHIBITED USEAs a condition for customer use of EME Host Services, You – the Customer, agree that you will not use EME Host Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). EME Host servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. Customers are solely responsible for the content of their messages. Using EME Host Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, EME Host expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. EME Host servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company’s Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any EME Host Services, other accounts, computer systems or networks connected to any EME Host Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by EME Host Services. EME Host’s management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. EME Host reserves the right to refuse service to unlawful parties. EME Host reserves the right at all times to disclose any information, as EME Host deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of EME Host.
E-COMMERCE CUSTOMER WEBSITESWhen buying an allocated space on EME Host servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:
- the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
- certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
- certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.
- infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
- break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.
THIRD PARTY DEALINGSAny dealings with third parties (including advertisers) carried out through EME Host Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. EME Host shall not be responsible or liable for any part of such dealings or promotions.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKSCANCELLATION & REFUNDS EME Host accounts are set up on a prepay basis. EME Host customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by EME Host. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled. Late cancellations, as well as accounts cancelled by Opbevar OÜ due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee. All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s credit/debit card and affect the Customer’s credit/debit card balance in accordance with the credit/debit card issuer’s terms of service. All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to the Customer’s PayPal account and affect the Customer’s PayPal balance in accordance with the PayPal’s terms of service. MONEY BACK GUARANTEE POLICY EME Host offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel, or via email sent to contact form, and receive full refund for your hosting plan within 30 days of the purchasing of the account. . All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee. CHARGEBACKS Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at EME Host (and respectively – Opbevar OÜ) will be subject to full investigation. When signing up for a web hosting account with EME Host, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, EME Host, as well as our authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute. If/When a chargeback report is received, the first step of our EME Host team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action. If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated. If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of EME Host will serve as proof of the Customer’s agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or EME Host has the right to a reverse payment. In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.
NEWS RELEASESCertain sections of EME Host news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events. Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”, etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.
TORTUROUS CONDUCTAny way of indecent treatment towards a EME Host employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with EME Host employees regarding any request for help or consultation, or any other reason for contacting our EME Host team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of EME Host customer care stuff will be interpreted as a breach of this TOS. EME Host reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.
FORCE MAJEURE CIRCUMSTANCESEME Host CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
SERVICE PROVISION; WARRENTIES AND REPRESENTATIONSYou understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer’s hosting with EME Host confronts with service interruption issues. EME Host assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.
- SERVICE DISCONTINUANCEEME Host reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with EME Host. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with EME Host that has not been used.
COMPLAINTS PROCEDUREEME Host is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below. In order to file a complaint, please send us an contact form, specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be. Here are our steps of addressing every single complaint: 1. EME Host will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. EME Host reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive. 2. EME Host customer care representative will review your situation, search for an appropriate solution and inform you of the timeframe within which a response should be expected. 3. If the EME Host Customer Care representative is not able to resolve your case within the pre-announced period, your complaint will be escalated to a Customer Care manager. 4. If the EME Host Customer Care manager also can’t provide you with an appropriate solution, then your complaint will be forwarded to the Company Director, who will further investigate the situation and ensure that all necessary measures have been taken. The Company Director will respond in writing within two working days, and reply with a solution within five working days.
REVISIONSIn order to improve its web hosting and customer care services, EME Host reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.
ASSIGNMENTCustomers do not have the right to assign this Agreement without the explicit permission of EME Host. This Agreement shall be in force and effect to the total benefit of the Customer and EME Host, and their successors and permitted assigns.
TERMINATIONYou agree that EME Host, at its sole discretion, may terminate your password, account or use of the Service(or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.