Terms of Service

IMPORTANT NOTICE:

Elevology ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Elevology's Service constitutes acceptance and agreement to Elevology's AUP (Acceptable Use Policy) as well as Elevology's TOS (Terms of Service) and Privacy Policy.

All provisions of this contract are subject to the TOS (Terms of Service) of Elevology and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas 

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Elevology shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

4. Payments and Fees: We do not accept business or personal checks for any email, cloud services, domain names, web hosting, dedicated server, virtual server, SSL Certificates or reoccurring products. Credit cards that are declined for any reason are subject to a $5.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $100 reconnect charge. Accounts not paid by due date are subject to a 5% late fee. Accounts that are not collectable by Elevology may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $1000. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes: All payments to Elevology are nonrefundable. All Web Hosting, Web Server (physical and virtual), SSL's, Cloud Products, Down Payments and Domain Payments To Elevology Are Non-Refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Elevology sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Elevology an "Administrative Fee" of not less than $50 and not more than $150.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 21 days notice but not more than 60 days prior written notice and sent to:
   
   Elevology preferred method of cancellation is writing via email > Send an email to us anytime at https://www.elevology.com/contact-us
   
   If you must send a snail mail letter:
   
   Elevology, Inc.
   Attn: Cancellations
   11406 Domina St
   Richmond, TX 77406
   
   You must have all account information to cancel.
   
   Once you submit your cancellation an email will be sent to the primary contact email address we have on file which will contain an approval that you must reply to verify that your cancellation request is valid for the service/s specified in the email.
   
   **If you do not receive the email we recommend that you contact the customer service department by email, or phone asap. **

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the domain is registered by Elevology on behalf of the account holder a handling fee will be incurred.

10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Elevology will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Elevology on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

11. Support Boundaries: Elevology, provides limited technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Elevology provides support related to your server or virtual site physical functioning. Elevology does not offer tech support for application specific issues such as outlook configuration, phone configuration, cgi programming, html or any other such issue. Elevology does not provide technical support for YOUR customers. If you can email, we encourage you to email our helpdesk here https://www.elevology.com/contact-us for assistance. If you are able to get online and have other questions, the answers may be on our support section login on the home page of our site- we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

12. SPAM and Unsolicited Commercial Email (UCE): Elevology takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Elevology may not use or permit others to use our network to transact in UCE. Customers of Elevology may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

    1. Violation of Elevology SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Elevology will initiate an immediate investigation (within 48 hours of notification). During the investigation, Elevology may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Elevology may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Elevology reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Elevology will notify law enforcement officials if the violation is believed to be a criminal offense.
       
       
    2. First violations of this policy will result in an "Administrative Fee" of $500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $1000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Elevology personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
       
       
    3. As our Customers are ultimately responsible for the actions of their clients over the Elevology network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account suspended or server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
    
13. Network
    

    1. IP Address Ownership: If Elevology assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Elevology, and Customer shall have no right to use that Internet Protocol address except as permitted by Elevology in its sole discretion in connection with the Services, during the term of this Agreement. Elevology shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Elevology, and Elevology reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
       
       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Elevology will monitor Customer's bandwidth and disk usage. Elevology shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Elevology's sole and absolute discretion. If Elevology takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Elevology may, at its sole discretion, collect a deposit, in an amount determined by Elevology, against customer's credit card on file with Elevology.
       
       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Elevology Network. Violations of system or network security may result in civil or criminal liability. Elevology will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       
       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       5. Taking any action in order to obtain services to which such User is not entitled.
          
          
14. Notification of Violation:
    

    1. Elevology is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
       
       
    2. First violation: Any User, which Elevology determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Elevology's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
       
       
    3. Second Violation: Users that Elevology determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
       
       
    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
       
       

15. Suspension of Service or Cancellation: Elevology reserves the right to suspend network access to any customer if in the judgment of the Elevology network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Elevology chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Inappropriate activity includes but is not limited to Scams, Compromised Hosting Accounts, Compromised Web Sites, Hosting Accounts sending unsolicited spam. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

16. Elevology reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Elevology must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

17. Indemnification: Elevology wishes to emphasize that in agreeing to the Elevology Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Elevology for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Elevology or the bringing of any claim against Elevology by any third-party. This means that if Elevology is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Elevology, plus all costs and attorney's fees.
    
    
18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.
    

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
       
       
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
       
       
    3. Elevology takes no responsibility for any material input by others and not posted to the Elevology Network by Elevology. Elevology is not responsible for the content of any other websites linked to the Elevology Network; links are provided as Internet navigation tools only. Elevology disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
       
       
    4. Elevology is not responsible for any damages your business may suffer. Elevology does not make implied or written warranties for any of our services. Elevology denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Elevology.
       
       
    5. It is absolutely forbidden to host pornographic content, DOS software, or IRC servers on Elevology Web Hosting accounts, Physical or Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
       
       

19. Responsibility for Content: You, as Elevology's customer, are solely responsible for the content stored on and served by your Elevology server.

20. Windows Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated

Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

Elevology may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Elevology has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Elevology and not by the Third Party Vendor. Neither Elevology nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Elevology or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Elevology nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Elevology with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

21. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
    
    
22. Approved Support Methods: Requesting support or assistance from Elevology is provided in only two processes. The first process is to email our helpdesk. The second process is to call our office at 713-864-4932. We do not approve of texting staff or emailing staff directly to request support for products or services. Elevology is not responsible for any requested work or reporting any issues that do not follow the two approved processes. The helpdesk is in place to provide the highest level of service to our customers. We understand that if you cannot email calling to speak to a representative is next best option.
    
    

23. Accessibility: Elevology is committed to providing access to our web pages for individuals with disabilities, both members of the public and Federal employees.

    To meet this commitment, we will comply with the requirements of Section 508 of the Rehabilitation Act. Section 508 requires that individuals with disabilities, who are members of the public seeking information or services from us, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on us. Section 508 also requires us to ensure that Federal employees with disabilities have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on us.

    If you use assistive technology (such as a Braille reader, a screen reader, TTY, etc.) and the format of any material on our websites interferes with your ability to access the any information, please contact helpdesk for assistance in this matter. Please indicate the nature of your accessibility problem, the preferred format you would like to receive the material, the web address of the inaccessible material, and your contact information so that we may respond in a manner most helpful to you.