ElfHosted Terms of Service

This document, the ElfHosted Terms of Service Agreement, outlines the specific rules and regulations required to use our any of our products, software, services and web pages described for use by customers offered by ElfHosted. These Terms may be updated by ElfHosted at any time. The most current version of Terms will be available at https://elfhosted.com/legal/terms-of-service/

General

Services may not be used without agreeing to the Terms. The Terms of this agreement (including the AUP, Privacy Policy and Refund Policy) are accepted by the customer and ElfHosted whenever Services are ordered or paid for by the customer. The Terms are maintained independently of any other agreement between ElfHosted and the customer. Unless otherwise agreed in writing with ElfHosted, any secondary agreements between ElfHosted and the customer will always include at minimum, the Terms outlined here. If a secondary agreement between ElfHosted and customer contradicts any attribute of Terms as outlined here, the secondary agreement shall take precedence. You may not use the services if you are not of legal age to form a binding contract with ElfHosted, or you are barred from receiving services under the laws of the country in which you will be using the Services. Privacy

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

Privacy

The customer understands and agrees to the Privacy Policy provided by ElfHosted.

Acceptable Uses of the Service

The customer understands and agrees to abide by the Acceptable Use Policy provided by ElfHosted.

Refund Policy

The customer understands and agrees that by ordering a service, they are bound by the Refund Policy. Please note, as per outlined by the Refund Policy, that any and all cryptocurrency payments will not be bound by the Refund Policy.

Term

The initial service term of the Agreement shall begin on the date that ElfHosted delivers the service to the customer (the “Service Commencement Date”). The term shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless ElfHosted or the Customer provides the other with termination notice within 72 hours prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Customer Support

The customer understands that support provided by ElfHosted is on an as is, as available basis. ElfHosted makes no guarantees that support will be available or able to resolve a customer’s problem.

Failure to Pay

ElfHosted retains the right to remove or retain the content stored on ElfHosted’s servers in the event of non-payment for the services.

Billing Disputes

Filling a dispute or chargeback with your payment method will void any agreement you have with ElfHosted and will nullify any right to hold a service at ElfHosted. All active services will be terminated without the option of receiving a refund for any unused portion of the current billing cycle.

Prices & Specifications

ElfHosted reserves the right to alter prices, storage quantities, network rates, network volumes, and computational capabilities of all services at its sole discretion.

Fair Use Policy

ElfHosted users will properly use the assigned resources in a fair manner without interfering other users in the same environment, otherwise, ElfHosted has every right to regain control of the abused resource from users without prior notice. ElfHosted will not be liable nor responsible for any customer/user loss out of this arrangement, and there will not be any refund of customer paid fee. Users of all ElfHosted services agree not to interfere with other users in an unfair or malicious manner such that other users are not able to receive due level of services. In all ElfHosted services, the word “unlimited” refers to an “unmetered” usage, but not without restrictions. ElfHosted reserves the right to impose restrictions of various sorts to ensure a fair usage among the user community without prior notice, to existing and new users, and upon repeated warnings, suspend and/or terminate offending users.

For further information, please read the Acceptable Use Policy

Proprietary Rights

The customer acknowledges that ElfHosted owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Governing Law and Jurisdiction

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. The parties agree that any disputes arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Auckland, New Zealand.

Software & Service Updates

Any software provided with the Services may be updated or altered at any time. These changes are often to improve the quality of the Services and fix problems. You agree to receive such updates.

Compliance with Law

The customer accepts full responsibility and accountability for all content stored on, downloaded to, or distributed from their Services. The customer certifies that they have legal rights to distribute and store everything stored on their Services, and all content is legal under New Zealand law, in addition to the laws of the country or region in which the customer resides, and the laws of the countries or regions in which their Services reside.

Common Carrier

ElfHosted and customer agree that ElfHosted is solely acting as a common carrier in its capacity of providing services. The customer agrees that they are the publisher of any material or information and responsible for it adhering to the Terms. The content distributed by customer is in no way reflective of ElfHosted. ElfHosted does not filter or inspect the content distributed by the customer using our services, as outlined in our Privacy Policy. All material stored or distributed by the customer is considered publicly accessible. ElfHosted’s distribution of content provided by the customer does not express or imply approval of material by ElfHosted, nor does it confirm that the material is in compliance with the Terms.

Availability of Services

The customer understands and agrees that interruptions of any services may occur at any time and without prior notification, and may continue for any duration. The customer agrees that under no circumstances will ElfHosted be held liable for any financial or other damages due to such interruptions. In no event shall ElfHosted be held liable to the customer for any damages, including but not limited to refunds, fees, loss of profits, loss of income, or cost of replacement services. The failure or interruption shall not be considered a default under these Terms.

Limitation of Liability

ElfHosted is not liable for protection or privacy of any content transmitted through the Internet or any other network provider, or services the customer may use.

Indemnity

The customer agrees to defend, indemnify and hold ElfHosted harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by ElfHosted arising from or due to claims made by third parties (including customers of the customer) that are related to or arising out of: a) false advertising claims against customer (or customers of customer) b) liability claims for products or services sold by customer (or customer’s customers) any other transactions between customer and third parties. c) any content or links located on ElfHosted’s website from time to time including, without limitation, content submitted by the customer for publication by ElfHosted.

Force Majeure

ElfHosted shall not be liable to the customer or any other person, firm or entity for any failure of performance under these Terms if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including provincial and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.

Nondisclosure

ElfHosted and the customer shall use their best efforts to keep the provisions (including price) of all agreements from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.

Relationship of the Parties

The parties intend that an independent contractor relationship will be created by these Terms, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a separate agreement.

Waiver

Any party’s failure to insist on compliance or enforcement of any provision of these Terms shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of these Terms.

Attorneys’ Fees

If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Terms, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

Notices

Any notice under these Terms may be e-mailed, delivered personally or to such other places as the parties may designate in writing.

Data Back-up & Recovery

The customer is responsible for independent backup of data stored on ElfHosted’s servers; unless the customer has arranged for services which include backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by the customer. ElfHosted shall never be held liable for failure to recover data in the event of any sort of failure, and shall never be held accountable financially or otherwise for loss of data.

DISCLAIMER OF WARRANTIES

SERVICES PROVIDED BY ELFHOSTED ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ELFHOSTED SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ELFHOSTED BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF ELFHOSTED HAS BEEN ADVISED BY THE CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF ELFHOSTED'S SERVICE TO THE CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, ElfHosted SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.