Terms and Conditions | Elevator Up

Terms & Conditions

The service that is subject to the following agreement is provided by Elevator UP, registered in Holland, Michigan, USA. Elevator UP.

You should be aware that by signing up for an account with Elevator UP, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of Elevator UP to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on the Elevator UP servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated Elevator UP server space. It is recommendable to avoid publishing personal data that could be abused online.

The order form completion represents the electronic signing of this document.

ENTIRE AGREEMENT; SERVICE AGREEMENT
Elevator UP shall provide its Services to You (the Customer) under the Terms and conditions of this Customer Agreement. The Agreement is intended to keep the integrity of both Elevator UP and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between Elevator UP and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.

Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.

You understand and agree that the Service is provided "AS-IS" and that Elevator UP assumes no responsibility for the timeliness, deletion, and failure to deliver or store any Customer communication or personalization settings.
Elevator UP HOSTING SERVICES
A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. A web hosting service consists of the following:
1. Bandwidth - Each hosting plan includes prepaid monthly bandwidth in Gigabits. This bandwidth quota is shared between all the sites in a single hosting account. In case a hosting account exceeds its allowed bandwidth, it will be allowed but an additional charge will occur on your bill for that month's overage. Additional bandwidth is available. Contact sales for more information.
2. Domains Hosted - Elevator UP hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
3. Disk Space - Additional disk space is available. Contact sales for more information.
4. IP Address - For many customers an IP address is important for starting SSL hosts and that's why we allow purchasing more IP addresses. In case your hosting account does not include an dedicated IP address, please contact sales for more information on how to obtain it.
5. MySQL Database(s) - In case your hosting account does not include a MySQL database, please contact sales for more information on how to obtain it. Additional MySQL databases are available.
6. MySQL Database Storage - Each hosting account has a limit for MySQL database storage. This storage is shared between all the MySQL databases in a single hosting account. Additional MySQL database storage is available. Contact sales for pricing.
7. SSH (Secured Shell) - In case your hosting account does not include a SSH, please contact sales for more information on how to obtain it.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously run by Elevator UP in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Elevator UP ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. Elevator UP REJECTS ANY IMPLIED WARRANTIES. ANY OF Elevator UP' EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY Elevator UP, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
SERVICE GUARANTEES
Elevator UP will guarantee 99.9% Elevator UP network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
1. Server Hardware Breakdown.
2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Elevator UP is not responsible for the downtime).
3. Failures due to software that is not explicitly supported by Elevator UP. Consequently, if a hardware crash provoked by the customer happens, Elevator UP is beyond the control and responsibility for the resulting downtime.
A data backup is available on a daily basis for a cost. All the contents of a client's folder will be added to the backup, as well as all the databases that belong to the customer.
SERVER USAGE & HOSTED CONTENT
1. Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Elevator UP Service representative regarding any inquiries over the matter.
2. If any of Elevator UP Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated. Unauthorized Access. Elevator UP expressly bans the use of any Elevator UP hardware or software hosted on a Elevator UP server for trying to illegally access another hosted machine or network.
3. Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Elevator UP reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
MONEY BACK GUARANTEE
Elevator UP offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you can email and receive a full refund for your hosting plan within 30 days after you purchased the account. However, all domain registrations are final, do not include any money back guarantee.
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
1. Elevator UP contracts with VISA and MASTER CARD Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Elevator UP, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, Elevator UP will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
  
  If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then Elevator UP will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.
2. Elevator UP will charge customers with fees based on the fee structure at the time of the sign-up process. Elevator UP reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at elevatorup.com may differ from the pricing and features of the customer's account.
3. When signing up for an account with Elevator UP, the customer agrees to pay for the period of one month (31 days). Elevator UP grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.
  
  Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at Elevator UP will be subject to collections and legal action. He/she will be charged $30.00 USD, because when signing up with Elevator UP, customers accept these terms and conditions, thus agreeing to observe them strictly.
WARRANTIES AND REPRESENTATIONS
Elevator UP provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with Elevator UP confronts with service interruption issues.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Elevator UP Services, you will not use the Elevator UP Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Elevator UP Services, other accounts, computer systems or networks connected to any Elevator UP Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Elevator UP Services.

Elevator UP reserves the right at all times to disclose any information as Elevator UP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Elevator UP.

Elevator UP is within the capacity to refuse service to unlawful parties. Elevator UP servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Elevator UP expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.

Elevator UP management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. Elevator UP servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.
THIRD PARTY
Any dealings with third parties (including advertisers) included within the Elevator UP Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Elevator UP shall not be responsible or liable for any part of any such dealings or promotions.
TERMINATION
You agree that Elevator UP, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
SERVICE DENIAL
Elevator UP reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to Elevator UP and liable for reasonable interest and collection fees.
YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the Elevator UP Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
2. Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Elevator UP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Elevator UP has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. When signing up for an account with Elevator UP, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Elevator UP in the course of a 10-business-day period after the changes become valid. This requirement is also in force for Elevator UP - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
4. You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
  1. immediately notify Elevator UP about any unauthorized use of your password or account or any other breach of security.
  2. ensure that you exit from your account at the end of each session.
  Elevator UP cannot and will not be liable for any loss or damage arising from your failure to comply with this.
5. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
6. Harm to Elevator UP Servers - any attempts for doing harm to a server or customer of Elevator UP Services are explicitly banned.
  1. Acceptable Use of Services / Acceptable Access to Services - Elevator UP will immediately and resolutely react to any attempt of use of an Internet account or computer by a Elevator UP customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to Elevator UP Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
7. CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4,5% in the course of 24 hours.
  
  Elevator UP strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. Elevator UP reserves the right to block files or scripts that use CPU exceedingly and notify clients.
8. Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
9. Shared hosting users are NOT allowed to send more than 100 emails per hour per shared hosting account.
10. Managed virtual private server users are NOT allowed to send more than 500 emails per hour per VPS hosting account.
11. Elevator UP offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the customer's total monthly traffic usage. If requested, the Customer should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
12. MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a query length limit of two (2) minutes and a maximum size of 16megs per query. Queries that are longer and larger than this amount will be cancel.
13. The access and error logs for all client's hosts in an account should not exceed 500 MB in total.
14. Elevator UP does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
  1. infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy
  2. violate any law, statute, ordinance or regulation
  3. are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene
  4. contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another
  5. contain Pirated or Hacking / Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction
  6. have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one month (30 days) and one year (365 days) depending on the billing cycle. After that period of time, the account will be automatically suspended until the Customer renews it by paying the subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permanently deleted.
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
1. When buying an allocated space on Elevator UP servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
  1. the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
  2. certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
  3. certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
2. Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
3. Each Customer guarantees to Elevator UP that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Elevator UP that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
  1. infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
  2. break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Elevator UP to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Elevator UP is granted the right to assess the extent these operations need to be done.
TORTUROUS CONDUCT
Any case of indecent treatment towards a Elevator UP employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with Elevator UP employees regarding any requests for help through e-mail or by means of a Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS. Other acts of treatment towards Elevator UP employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing Elevator UP or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Elevator UP keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
1. the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
2. the sending of junk mail
3. the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
4. posting commercial ads to USENET newsgroups that do not permit it
5. posting articles containing binary encoded data to non-binary newsgroups
6. excessive and repeated posting of off-topic messages to newsgroups
7. e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
8. the e-mailing of age-inappropriate communications or content to anyone under the age of 18
9. "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
10. The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
NEWS RELEASES
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
Elevator UP will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
1. This Agreement shall be interpreted in consistence with the laws of the State of Michigan, USA.
2. This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. This Agreement may be executed in counterparts, which will be considered as original.
COPYRIGHTS
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.

Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

Please report any violations of the Terms of Service to notify@elevatorup.com.
ASSIGNMENT
Customer shall not have the right to assign this Agreement without the written permission of Elevator UP. This Agreement shall be in force and effect to the total benefit of Customer and Elevator UP and their successors and permitted assigns.

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