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The use of services from EnlightHost.com [hereafter referred to as "EnlightHost"] constitutes agreement to these terms.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with EnlightHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. EnlightHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via support ticket. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or VPS or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department  with specific details to receive a price quote.

2.) Content
All services provided by EnlightHost may only be used for lawful purposes. The laws of the State of Wisconsin, the State of Illinois, and the United States of America apply.

The customer agrees to indemnify and hold harmless EnlightHost from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email admin@EnlightHost.com with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups delete the old backup first before creating a new backup.

Examples of unacceptable material on all Shared and Reseller servers include:

Examples of unacceptable material on all Dedicated servers and Virtual Private servers include:

EnlightHost services, including all related equipment, networks and network devices are provided only for authorized customer use. EnlightHost systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of EnlightHost system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. EnlightHost may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. We also, reserve the right to terminate any account for any reason at any time.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 12 hours.

If in doubt regarding the acceptability of your site or service, please contact us at admin@EnlightHost.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers and Sub Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

EnlightHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

EnlightHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of EnlightHost.

4.) Payment Information
You agree to supply appropriate payment for the services received from EnlightHost, in advance of the time period during which such services are provided. You agree that until and unless you notify EnlightHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies EnlightHost of his or her intent to resume service, the account may be reinstated for a 5% late fee of the original balance plus first month’s service charge.

Cancellations must be done by submitting a cancellation request in the client area of our website. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Cancellation Request Confirmation" email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the client area to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of EnlightHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify EnlightHost of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed up to 1 month after suspension, unless otherwise stated in writing by EnlightHost. EnlightHost reserves the right to bill your credit card or billing information on file with us. EnlightHost provides a 20 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days after due date and not paid will result in a 5%  late fee and/or an account suspension until account balance has been paid in full. 5%  late fee is applied in addition to whatever else is owed to EnlightHost for services rendered. Access to the account will not be restored until full payment has been received.

It is the customer's responsibility to notify our sales team via email at sales@EnlightHost.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and EnlightHost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

EnlightHost reserves the right to change the monthly payment amount and any other charges at anytime, unless stated elsewhere as a rate guarantee.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. EnlightHost is not responsible for files and/or 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 EnlightHost servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by EnlightHost.

6.) Cancellations and Refunds
EnlightHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services and no refund will be given.

Customers may cancel at any time via the client area. EnlightHost gives you a 30 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card and PayPal. We also reserve the right to refuse service and deny refunds to anyone for any reason at anytime.

For Monthly Subscriptions: You will be prorated as to the number of days used and have that subtracted from your refund amount for the first 30 days and then rated monthly(regardless if full month is completed or not) Anything that is stated as non-refundable, is and will be non-refundable. When a domain is purchased you must maintain at least 6 months of service with the original package you have signed up with, regardless if you paid for the domain or received it free as part of a promotion or other means, the domain up until the 6 month service mark will be considered EnlightHost property and will remain EnlightHost property until 6 months of service has been completed.

For Yearly Subscriptions: You will be prorated as to the number of days used and have that subtracted from your refund amount for the first 30 days and then rated monthly(regardless if full month is completed or not). Anything that is stated as non-refundable, is and will be non-refundable. When a domain is purchased you must maintain at least 6 months of service with the original package you have signed up with, regardless if you paid for the domain or received it free as part of a promotion or other means, the domain up until the 6 month service mark will be considered EnlightHost property and will remain EnlightHost property until 6 months of service has been completed. You will not receive a refund on your yearly subscription unless we are at fault for your reasons to leave as well as at least 10 support tickets regarding different problems that have been proven by EnlightHost staff. If you received a SSL certificate, domain name, and/or a IP address free with your account that will be deducted from your refund.

On all domains you wish to transfer out from us after 6 months of service you will be subject to a domain transfer charge of no higher than $15.00 USD.

 

The following is nonrefundable products purchased from EnlightHost

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated monthly basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. When an account credit is given it is only towards the service that it was for

Violations of the Terms of Service will waive the refund policy.

7. Resource Usage

User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.

7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase (ex. Unlimited is Unlimited and 10GB is 10GB). Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers, virtual private servers, and co-location no refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of EnlightHost's managed shared and reseller servers carry a 30 day money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a prorated daily refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

EnlightHost will not activate new orders or activate new packages for customers who have an outstanding balance with EnlightHost. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by EnlightHost in writing

9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive a credit up to 1 month of service at our descretion. Approval of the credit is at the discretion of EnlightHost dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@EnlightHost.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

At the footer of our site there is a uptime monitor that was custom made for us by host-tracker that uses "heart beat" technology. When their servers do not see the heart beat every minute they in turn have servers scan our servers to detect problems. The uptime percentage is reset on the 1st of every month, and that can be used to prove down time, unless they were experiencing problems as well to show a possible downtime on our servers. You cannot use your own host-tracker account, it must be ours on our site.

If you use your custom DNS server names as your parent name servers on your signup domain name you will not be eligible for any kind of uptime guarantee or refund for the issues you may experience, as this can cause your website and sub websites to become unstable in the DNS system in the global DNS network. Further if you use a 3rd party for your DNS services you will not be eligible for refund as well.

If it is found that your IP address was blocked by the server for any reason and you cannot access the server because of it, that does not constitute "down time". Each IP address connected to the server has a 300 connections maximum and bandwidth is throttled to 300Kbps per IP address connected.

10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. EnlightHost does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. EnlightHost will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. We offer “white box support” for an additional monthly fee or as a per incident fee.

11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Virtual Private servers are not backed up. You must maintain your own backups.

12.) Dedicated Servers
EnlightHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. EnlightHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@EnlightHost.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on EnlightHost.com, and the right to increase the amount of resources given to plans at any time.

14.) Suspensions
If you have a account or sub account that has been suspended by us for any reason and you cannot unsuspend it in your WHM area and you would like it unsuspended you will need to submit an appeal to our support department with the subject being "Appeal of account suspension". At which it can take up to 72 hours for us to review and process the appeal.

If you have multiple accounts and any 1 account goes past due for more than 7 days all accounts will be suspended under your name. If not brought current all accounts will be permanently deleted on the 30th day past due. If you did not put in a proper cancellation request in the client area on the account that is past due you are still responsible for the account charges regardless if you wish to keep the account or cancel it. There is a request of cancellation at the end of the billing cycle when you put in a cancellation request.

If you create a support ticket in 1 department do nor create the same support ticket or multiple support tickets in multiple departments. If for some reason the ticket got closed just bump the ticket by making a response to the closed ticket. If you have created multiple tickets for the same issue within 24 hours you will receive 1 warning. If continuation of multiple tickets within 24 hours your account will be charged a $10.00 USD administration fee which must be paid within 24 hours or all accounts will be suspended until paid. This does not apply to multiple ticket responses by you.

15.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

16a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold EnlightHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against EnlightHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless EnlightHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with EnlightHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from EnlightHost's server.

16b.) Arbitration By using any EnlightHost services, you agree to submit to binding arbitration. If any disputes or claims arise against EnlightHost or its subsidiaries, such disputes will be handled by an arbitrator of EnlightHost's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Wisconsin. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

17.) Disclaimer
EnlightHost shall not be responsible for any damages your business may suffer. EnlightHost makes no warranties of any kind, expressed or implied for services we provide. EnlightHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by EnlightHost and its employees.

18.) Disclosure to law enforcement
EnlightHost may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

19.) Changes to the TOS
EnlightHost reserves the right to revise its policies at any time with or without notice, at its sole descretion.