ElevatedServerss Terms of Service:

This Terms of Service Agreement ("TOS Agreement") constitutes a valid, binding and enforceable legal contract by and between you, the "Subscriber", and ElevatedServers.net ("ES").

Company's Services:
ES is a provider in Shared, Reseller, and Virtual Private Server (VPS) hosting solutions; domain and secure certificates registration services. All registering parties of our hosting solutions or domain registration must agree to the following terms of service. If you do not agree to the following terms outlined in the contract you will be unable to use any services ElevatedServers has to offer.

Compliance with law:
In asmuch as the service that ES provides to Subscriber is controlled and operated by ES from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber's use of the service that ES provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber's use of the service that ES provides to Subscriber.

Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using ES's services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that ES provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

ES Not Obligated To Review Activities or Notify of Violations:
ES is under no obligation to review Subscriber's and/or any of Subscriber's Sub-User's (the term "Subscriber's Sub-User" is defined below) activities to determine if a violation of this TOS Agreement (which includes ES's AUP) has occurred. Further, ES does not assume any responsibility by virtue of this TOS Agreement (which includes ES's AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

Amendment:
ES reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including ES's AUP). ES will provide notice of such amendment(s) by posting such amendment(s) on ES's website at http://www.elevatedservers.net/forums/, and Subscriber's use of ES's services after ES posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber's early cancellation of this TOS Agreement or the service, nor grounds for Subscriber's non-payment for the service that ES provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by ES to Subscriber thereafter. It is Subscriber's responsibility to review, from time to time, this TOS Agreement (including ES's AUP), as published on ES's website, for any amendment(s).

Responsibilities:
Subscriber Shall Defend and Indemnify ES: Subscriber shall fully defend, indemnify, pay and hold harmless ES and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such ES related parties collectively referred to under this Section 5.A. as "ES-related party") for any Subscriber violation(s) of this TOS Agreement (which includes ES's AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a "Subscriber's Sub-User"), that results in any loss, damage, cost or expense to ES or an ES-related party, or in any claim made or threatened against ES or an ES-related party by any third-party. If ES or an ES-related party is sued (or if a suit is threatened against ES or an ES-related party) because of Subscriber's or a Subscriber's Sub-User's act or omission, Subscriber shall pay any and all damages awarded against ES and any ES-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of ES's and any ES-related party's expenses and costs (including ES's and any ES-related party's reasonable attorneys' fees) related thereto;
ES Not Liable: The service that ES provides to, or is to provide to, Subscriber is provided on an "as is" and "as available" basis, and Subscriber's use of said service is at Subscriber's sole risk. In no case shall ES or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:
Content Responsibility: ES takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber's server computer (or any server computer internally assigned to Subscriber) at ES's premises and/or using the service that ES provides to Subscriber;
Subscriber's Responsibility to Enforce: It is Subscriber's responsibility to ensure that Subscriber and all of Subscriber's Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including ES's AUP), and Subscriber is, and will be held, responsible for Subscriber's acts and omissions and for the acts and omissions of Subscriber's Sub-Users related thereto. It is in Subscriber's best interest to implement a similar policy of acceptable use and compliance among Subscriber's Sub-Users;
Subscriber's Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber's Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and ES shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that ES provides to Subscriber;
Subscriber's Responsibility to Backup System/Data and/or Deletion of System/Data: ES is not responsible for, and Subscriber is solely responsible for, backing up Subscriber's system/data, including any/all system/data of any Subscriber's Sub-User, related to the service that ES provides to Subscriber. ES will delete any and all Subscriber and Subscriber's Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;
Subscriber's Responsibility To Insure: ES is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber's and Subscriber's Sub-Users' system/data against destruction, damage, taking, unavailability or other loss;

Subscriber Contact Information, Updates & ID:
Subscriber shall, at https://my.elevatedservers.net, provide ES with, and shall update ES immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that ES may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to ES prior to Subscriber's preliminary visit, if any, to ES's data center.

Age/ Legal Authority:
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that ES provides to Subscriber, and Subscriber herewith assures ES that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures ES that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service ES provides to Subscriber.

Payment Information:
Service Rates: The nature of the service that ES provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by ES. ES may amend its rates and fees from time to time, at ES's discretion, by posting said change(s) on ES's website at http://www.elevatedservers.net/forums/, which rate change shall become effective as outlined in said posting;
Payment: ES may charge Subscriber a one-time, pre-agreed set-up fee before ES establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for ES's continued provision of the service that ES provides to Subscriber. Subscriber agrees that ES may automatically charge Subscriber's credit card each month, and may process Subscriber's payment as early as five (5) days before the due date, to ensure that ES receives payment on or before the due date;
Invoicing: ES send out invoice 14 days before the due payment. Within 3 days after due, ES will send out overdue reminder and if no payment are made within the 5 days, Subscriber'ss account will be suspended and if no payment are made within the next 14 days, ES will immediately terminate Subscriber'ss account. A late fee will be imposed 5 days after due.
Refunds and Disputes: All payments made to ES by Subscriber or on Subscriber's behalf are protected by ES's 30 day money back guarantee. Within 30 days of registering you may request a refund if you paid by credit card or PayPal. If you open a PayPal dispute we will be unable to process a refund until the dispute is closed, failure to close the dispute will result in no refund.If Subscriber disputes a charge to its credit card issuer, which charge ES deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay ES, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00. Refunds are given at the discretion of ES are never owed to Subscriber requesting a refund. No refunds will be given if a client paid by Checks (Certified, Cashiers or Personal), Money Orders, Bank Transfers or western union payments. No refunds will be given if a client subscribe to any services offered by ES using a promo code. There are no refunds for domains, SSL certificates, administrative tasks, product/service add-ons, and install of custom software fees. After the 30 days a refund may be given as a prorated basis only and only at the discretion of ES.;
Fraud Checks: At the discretion of ES we are allowed to perform checks to ensure that all purchases are legitimate purchases. If you are singled out for a fraud check you may need to provide documentation for example, photo identification, utility bill or another form of identification. The submission of these documents confirms your name, place of residence and that you did indeed purchase our hosting services. The purposes of the fraud checks are to reduce internet fraud, integrity of our services and for charge-backs. Failure to provide these forms of documents upon request will result in account termination, deletion of services and no-access to our services.
Payment Declination/Rejection Charge: Should Subscriber's credit card or any payment be declined or rejected for any reason, ES may charge Subscriber a $15.00 administrative fee per occurrence;
Additional Charges for Failure to Timely Pay: Without limiting ES's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that ES provides to Subscriber, should ES suspend the service that ES provides to Subscriber because of Subscriber's failure to timely pay any fee or amount due to ES, Subscriber may be required to pay ES, in addition to any fees and amounts due a $20.00 late fee. Suspension of service does not relieve Subscriber of any responsibilities.;

Service and Support:
1. Support & Support Boundaries: Within ES's field of service and ability, ES offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. ES does not offer technical support for application-specific issues. Subscriber should contact ES by opening a help ticket with the support desk for technical assistance at https://my.elevatedservers.net.;
2. Hosting Account Setup / Account Information: Upon registering for ES services, Subscriber client area account will automatically be created; however, if Subscriber purchased a service the service will not be created until the invoice(s) are paid. One Subscriber's invoice(s) have been paid Subscriber's hosting/domain account will automatically be created. All account information will be sent via e-mail and will be posted in the client's area. Some transactions may go through additional fraud checks before Subscriber order is fully active, any fraudulent orders that are placed will be terminated and the proper authorities will be contacted. If paying via PayPal Subscriber must have a verified PayPal account and the e-mail address on the PayPal account must match the one ES have on file. If Subscriber do not have a PayPal verified e-mail please contact ES billing department for additional ways Subscriber can use PayPal or an alternative payment solution. This policy is an affect to prevent charge-backs and reduce fraud. If Subscriber are paying via Visa, Master Card or American Express you may need to verify additional information upon request. All contact information including address, phone, alternative contacts, e-mail address, etc, must be kept to date. If Subscriber information is found not be up-to-date Subscriber's hosting account will be suspended. This information is used for law-enforcement, complaints, legal issues, person verification, payment verification and anything else ES may need the information. ES will not share information to any 2nd or 3rd party company or individual. All information is kept secured and will not be given unless requested by law-enforcement agencies.
3. Hosting Content: The following content is not permitted to be hosted on any shared or reseller hosting account. If such content is reported and is discovered Subscriber are hosting the content Subscriber's account will be suspended/terminated. Content that is not permitted includes copyrighted or trademarked information, products, service which include music, videos, software, books, photographs, e-books or any other content or published worked that is copyrighted or trademarked. In case of infringed rights please report it to abuse@elevatedservers.net. Please be informed that Subscriber will need to inform our sales department prior to sign up for proxy hosting accounts.
  1. 3.1 Such content is not permitted on normal shared and normal reseller hosting accounts:
    - Any IRC Script/Bots
    - Proxy Scripts
    - Adults content
    - Pirated software, music, videos, books, photographs, scripts, e-books / Warez
    - Links to pirated material/Warez
    - IP Scanners
    - Bruteforce programs (includes programs, scripts, applications, etc)
    - Mail Bomber / Spam scripts, programs or applications
    - Commercial advertising scripts (banner rotation)
    - Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
    - Hacker scripts, forums, programs, communities.
    - Sites promoting illegal activity/actions.
  1. 3.2 Such content is not permitted on proxy shared and proxy reseller hosting accounts:
    - Any IRC Script/Bots
    - Pirated software, music, videos, books, photographs, scripts, e-books / Warez
    - Links to pirated material/Warez
    - IP Scanners
    - Bruteforce programs (includes programs, scripts, applications, etc)
    - Mail Bomber / Spam scripts, programs or applications
    - Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
    - Hacker scripts, forums, programs, communities.
    - Sites promoting illegal activity/actions.
  1. 3.3 Such content is not permitted on VPS accounts:
    - Any IRC Scripts/Bots
    - IRC Channels / Hosting
    - Pirated software, music, videos, books, photographs, scripts, e-books / Warez
    - Links to pirated material/Warez
    - IP Scanners
    - Bruteforce programs (includes programs, scripts, applications, etc)
    - Mail Bomber / Spam scripts, programs or applications
    - Hateful, Racist, Slander, Harassment speech, content, posts or anything that is found obscene, inappropriate or defamatory.
    - Hacker scripts, forums, programs, communities.
    - Sites promoting illegal activity/actions.
  ES services are only permitted for use by the customer, there shall be no sharing of resources or selling of resources being sold or given away on shared hosting accounts. Any sharing of cPanel accounts, shared resources (not including Reseller) will result in suspension/termination of the account(s) in question. Reseller may not share WHM, any account/reseller found sharing WHM accounts will be suspended/terminated. ES reserves the right to refuse, cancel, suspend or terminate service of any client at anytime without notice. Refunds are provided at the discretion of ES and are never owed to any client even if requested by the client in question.
  
  There shall be no child pornographic material on shared, reseller hosting accounts or VPS. If such content is found Subscriber's account will be suspended, and the proper law enforcement agency will be contacted. Shared, reseller hosting accounts and VPS may also not link or distribute links to child pornographic material.
4. Resource Usage: At no time should any shared or reseller account use more than 20% of the system resources for longer than 2 minutes (120 seconds). Any account found to use more than 20% of the system resources may be suspended. ES may continue to host your site(s) for an additional fee or upgraded package. ES guarantees for no overselling of our servers or overcrowding the servers. ES monitor the servers 24/7 for resource usage, performance, network usage, etc.
5. Bandwidth Usage: Each month Subscriber'ss bandwidth limit resets at the beginning of billing cycle (Every 30-Days). If Subscriber go over the allocated bandwidth limit, Subscriber may need to purchase additional bandwidth at the rate of $0.45 per GB or upgrade the hosting account. If Subscriber refuse to purchase additional bandwidth or upgrade the hosting service, ES will suspend Subscriber hosting account until the limit resets which is every 30-days.
6. SLA Uptime: You must meet the below requirements in order to be eligible for an SLA credit:
  Your account must be in good standing
  You need to submit a service interruption ticket prior to request SLA credit
  All request must be submitted via our billing department helpdesk
  All requests must be submitted within 7 days of the reported downtime
  All requests must contain a ticket # of the service interruption
  A. 99.1% - 99.8% = 2.5% Refund (Account Credit)
  B. 98% - 99% = 5% Refund (Account Credit)
  C. 95% - 97.9% = 12.5% Refund (Account Credit)
  D. 90% - 94.9% = 25% Refund (Account Credit)
  E. 80% - 89% = 50% Refund (Account Credit)
  F. 79% or Below will result in 100% Refund (Account Credit)
  * Network outages are determined by the data-center and by the technicians of ES. If ES find that it was an issue due to the network or power we will issue a refund as followed above.
  If the following occurs, ES has no obligation to provide a refund to any clients:
  A.Emergency Maintenance
  B.Schedule Maintenance
  C.System Upgrades
  D.DNS issues outside the control of ES or the Data-Centers.
  E.FTP, POP, IMAP, SMTP customer access
  F.Acts conducted by the account holder, account holder's staff or any other individual that has been given access to the account holder's service(s) outside the staff of ES.
  G.Breach of ES' Terms of Service
  H.Uncontrollable Disasters (Natural Disasters)
  I.Anything else that is deemed out of the control of ES or the Data-Center.
  We guarantee that we will resolve all issues which include software, hardware of the virtual private servers within 2 hours and support tickets within 6 hours. The response time depends on technician workloads.
  * Most tickets are resolved within 4 hours time and hardware is replaced within 90 minutes.
7. Shared Hosting: At no time are Subscriber allowed to resell any of Subscriber's shared services. Failure to comply will result in suspension of your account and possible termination of the account in question. Subscriber's shared account is for use only by the name on the account. The uptime for shared hosting will be monitored by ES in-house staff, data-center's NOC and other 3rd parties; however, at no time will ES or the data-center rely on the 3-rd party for uptimes, server's performance, etc.
8. Reseller Hosting: All resellers are responsible for all content and behavior under their account and Subscriber's account. At no time are we obligated to provide direct support to Subscriber's clients unless Subscriber opt-in for ES free-end user support program. ES have the right to suspend/terminate any account under Subscriber reseller account that is violation ES terms of service. At no time are Subscriber allowed to provide "FREE" hosting under the reseller account. At no time are Subscriber allowed to share access to WHM (Web Host Manager)
9. Virtual Private Servers: ES reserve the right to access any server, under ES network to perform security audits. If Subscriber password on file is different than the server's password we have the right to change the password to the one Subscriber have on file. It is Subscriber'ss responsibility to ensure that there is valid e-mail and root password on file. At times we may be required by the data center to perform security audits, administrative tasks and failure to have the proper password will result in server down-time and ES resetting Subscriber password. Virtual Private Servers are not backed up by ES at anytime unless Subscriber opt-in for ES back-up services. Subscriber is fully responsible to perform administrative tasks and backups, unless Subscriber opt-in for server management and back-up services.
10. Service Faults / No ES Liability / No Warranty: ES does not guarantee that the service that ES provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively "Service Faults"). As a reminder of, and not as a limitation of, ES's limitation of liability under Section 3.B. above, in no case shall ES or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:
  1. Subscriber's or Subscriber's Sub-Users' use or inability to use the service (whether from Service Faults or otherwise) that ES provides to, or is to provide to, Subscriber,
  2. Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data,
  3. The cost to procure any substitute service,
  4. Any unauthorized access or use of Subscriber's account or
  5. Any third-party conduct or other matter relating to the service.
  ES AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  NO REQUEST OR ADVICE FROM SUBSCRIBER TO ES, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY.
  SUBSCRIBER IS SOLELY REPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER'S USE OF, OR INABILITY TO USE, THE SERVICE THAT ES PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;
11. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):
  DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that ES provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to:
12. Compliance with ES'S AUP:
  1. ES's AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with ES's AUP, and to take reasonable steps to ensure that Subscriber's Sub-Users comply with ES's AUP at all times. ES's AUP applies to Subscriber and to each/all of Subscriber's Sub-Users and to each/all server computer, network, device and/or system under Subscriber's control or assigned to Subscriber related to the service ES provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from ES's services that violates any of the terms of ES's AUP;
  2. ES reserves the right to investigate actual, suspected or alleged violations of ES's AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. ES shall not be in default of this TOS Agreement if ES's investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber's server computers;
  3. ES may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber's Sub-Users who are involved in any violation of ES's AUP. Subscriber shall assist ES to comply with all laws, ordinances, regulations and rules related to the service ES provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of ES, ES reserves the right to comply with any Investigation without notice to Subscriber;
  4. Without limiting ES's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that ES provides to Subscriber, ES may also, in its sole discretion, take any one or more of the following remedies for a violation of ES's AUP:
13. IRC:
  If Subscriber runs IRC on our standard network, ES will disconnect the service that ES provides to Subscriber and no refund will be given.
14. ES's Remedies Cumulative / No Waiver:
  ES's remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by ES with respect to any remedy shall not serve as a waiver of that or any other remedy at any time.
15. ES's Trademarks:
  All trademarks, service marks, logos, product names and service names of ES comprise the trademarks of ES, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without ES's prior written permission.