Terms of Service

Manage WordPress Hosting TOS

The use of services from eHermits, Inc. LTD [hereafter referred to as “eHermitsInc.com”] constitutes agreement to these terms.

1.) Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase 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. Providing false contact information of any kind may result in the termination of your account.

2.) Content

All services provided by eHermitsInc.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless eHermitsInc.com from any claims resulting from the use of our services. In this context, the determination of what is threatening or obscene is by the sole discretion of eHermitsInc.com.

Examples of unacceptable material:
Scam sites (ex: Ebay/Paypal, Banking, CC/Password Scam sites)
Mailbombers or any sort of spam sites
Tools used to distribute unsolicited email
IRC bots
Warez sites
Hate sites
ROMs / emulators
Pirated Media
Hack programs and archives (including but not limited to attempts affect the operation of sites on this or any other server)
Malicious Scripts
Programs, scripts or algorithms intended to affect the default operations, behaviors and limitations of any eHermitsInc.com server.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice.

eHermitsInc.com reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. eHermitsInc.com also reserves the right to make any such modifications in an emergency at our sole discretion.

eHermitsInc.com reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of eHermitsInc.com. All rights reserved.

4.) Payment Information

You agree to supply appropriate payment for the services received from eHermitsInc.com, in advance of the time period during which such services are provided. You agree that until and unless you notify eHermitsInc.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.

If you will be late with a payment, let us know. We’d rather a site be up knowing a delinquent payment is coming soon than to display a suspension page. Delinquent payments will automatically result in account suspension, termination and deletion. Account suspension and termination is at the sole discretion of eHermitsInc.com.

Account suspension and termination does not alleviate the obligation of previously due payments. eHermitsInc.com is under no obligation to keep or provide materials from terminated accounts.

eHermitsInc.com reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of the service is at your sole risk. eHermitsInc.com is not responsible for files and 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 eHermitsInc.com servers.

eHermitsInc.com does maintain backups of files, configurations and data as a redundant, convenience feature. These backups are not meant to be your primary backup source. Additionally, files added between the backup periods will not be included. You are soley resposible for the materials and data stored on your site.

6.) Cancellation and Refunds

eHermitsInc.com reserves the right to cancel the account at any time.

Customers may cancel at any time. eHermitsInc.com gives you an unconditional 30 day money back guarantee on hosting. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Payment made for domain registration and dedicated servers will not be refunded, domain name can be transferred to client.

Accounts cancelled/terminated by eHermitsInc.com do not qualify for the 30 day money back guarantee. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Free Domains are available for the first year of the Hosting Package. If a customer cancels at anytime eHermitsInc.com will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically subtract the cost of the free domain.

7.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. 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.

8.) Price Change

eHermitsInc.com reserves the right to change prices listed on eHermitsInc.com, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.

9.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold eHermitsInc.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against eHermitsInc.com, 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 eHermitsInc.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with eHermitsInc.com; (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 eHermitsInc.com’s server.

10.) Uptime Guarantee

eHermitsInc.com strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by eHermitsInc.com monitoring systems or eHermitsInc.com authorized/contracted outside monitoring services. If eHermitsInc.com fails to meet it’s 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. eHermitsInc.com does not credit a full month’s service for minor downtime. This would not be financially healthy for eHermitsInc.com, and in turn would only negatively affect the service level eHermitsInc.com provides to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, eHermitsInc.com may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the eHermitsInc.com network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God” (ie…fire, flood, earthquake, tornado, etc…), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
Telco Failure (ie…Verizon™ cutting a fiber line somewhere)
Backbone peering point issues (ie…UUnet™ having a router go down in Virginia that wipes out internet service for the entire midwest United States)
Scheduled maintenance for hardware/software upgrades
Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). eHermitsInc.com utilizes only name brand hardware of the highest quality and performance.
Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
DNS issues not within the direct control of eHermitsInc.com
Network floods, hacks, attacks from outside parties or individuals
Failure or error of any eHermitsInc.com monitoring or measurement system
Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of eHermitsInc.com service(s) in breach of eHermitsInc.com Policy and Service Guidelines (AUP), by Client or others authorized by Client
Suspension or termination of service.

11.) Disclaimer

eHermitsInc.com will not be responsible for any damages your business may suffer. eHermitsInc.com makes no warranties of any kind, expressed or implied for services we provide. eHermitsInc.com 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 eHermitsInc.com and its its agents, employees or assigns.

12.) Changes to the TOS

eHermitsInc.com reserves the right to revise its policies at any time without notice.

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