Hosting Policies & Terms of Use
Elemental Muse is referred hereinafter as 'Elemental Muse', 'our', 'we' and 'us.'
All accounts on our web servers, including reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by terms and conditions below.
We reserve the right to change this policy at any time without prior notification. We encourage you to check here on a regular basis. If you have any questions about our usage policy please contact us.
| Acceptable Use Policy: Any account found to be in violation of acceptable use may be terminated without refund or notice. We do not allow adult materials, pornography, warez, pirated software, or any illegal materials on our servers. This includes copyrighted music or images. Do not use images or text which you do not have the rights to or permission to use. This includes hot-linking images from other websites without permission. It also includes copying product images or descriptions without written permission. If we receive a complaint, we will request verification of infringement and if the verification provided shows that copyright infringement has occurred, we will contact you immediately in an attempt to resolve the situation. If you are violating a copyright we have no choice but to access your account to remove the infringing materials and/or suspend your account pending your response at our discretion. We will resolve copyright infringement on a case by case basis and we reserve the right to remove materials upon receiving a complaint or notice of copyright infringement and/or suspend or terminate an account in copyright violation. Refer to our DMCA policy here. |
Money Back Guarantee: During the first 30 days of your hosting, if you are unhappy with our services, simply request cancellation of your services in writing and we will issue a full refund. No refund is available after that period. Accounts cancelled/terminated by Elemental Muse for violating our Policies do not qualify for the 30-day money back guarantee. 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.
Backups: Full backups are made daily. No guarantees are made as to the integrity of these backups. It is the clients responsibility to maintain local copies of their web content and information.
Payment & Other Information: You agree to supply appropriate payment for the services received from Elemental Muse, in advance of the time period during which such services are provided. You agree that until and unless you notify Elemental Muse of your desire to cancel any or all services received, those services will be billed on a recurring basis. Payments will be accepted by Visa, Mastercard, or PayPal only. You will receive a bill approximately seven days before it's due date and can login to our client billing center to pay it any time. If payment is not received by the due date, we reserve the right to terminate your account, but are willing to provide a grace period, especially if you keep us updated on the payment situation. At 15 days past due, we will disable your account and limit your access to your web space. Upon receiving payment, your access will be restored within 24 hours. At 30 days past due your account may be deleted.
Cancellation Policy: Your hosting account can be cancelled at any time. All cancellation requests must be submitted through the billing center by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are cancelling within our 30-day money back guarantee period. If you choose to terminate your account with Elemental Muse before the end of any prepaid period, no refund will be issued. You must include your account username and password for verification.
Privacy Policy: When you sign up for hosting, we collect personal information from you including your name, e-mail address, billing address, credit card or other payment information, and a password. We may also collect the URL from which you linked into our site, your IP address, and your browser type and version, all of which are collected in an anonymous manner without being linked to any of your personal information. We take your privacy seriously. We will never sell or share your personal information unless required to by legal action.
User Conduct: Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to Elemental Muse, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited, it is your responsibility to be aware of the laws in both the jurisdiction of where our servers are located (California, United Sates of America) and your local jurisdiction. In particular, while using our services you may not post or transmit any unlawful, threatening, abusive, defamatory, obscene, libellous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. Elemental Muse reserves the right to the final decision on what constitutes abuse.
Content: Any content in that we deem inappropriate will not be tolerated and your service may be immediately terminated. If your service is terminated for inappropriate content, you will not receive a refund.
The following are grounds for termination, but we reserve the right to termination for additional violations not listed:
# racism or prejudice
# pornographic or sexually explicit content
# profanity or obscenity
Your website MUST remain family and child friendly or we will ask that you remove objectionable content and/or immediately find another web hosting company.
Resource Usage, Adult-Oriented Sites: Users may not do the following on our servers:
# Run any process that over uses the resources of the server.
# Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
# Run stand-alone, unattended server-side processes at any point in time on the server. This includes all daemons, such as IRCD.
# Run any IRC software or any software which connects to an IRC network.
# Run any site with adult-oriented content (pornographic material).
Account Violations: We take a zero tolerance stance against any of the following activities:
Spam Policy: Sending of unsolicited e-mail, commonly known as spam. Any domain which sends out spam will have their account terminated.
Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice.
Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice.
Elemental Muse 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. We also reserve the right to make any such modifications in an emergency at our sole discretion.
Indemnification: You agree to indemnify, defend, and hold harmless Elemental Muse from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Elemental Muse, or any other party or parties without limitation or exception.
No Warranties: Elemental Muse makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Elemental Muse or its agents or employees shall create a warranty. Under no circumstances shall Elemental Muse be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
You understand that by placing information on Elemental Muse's servers that such information becomes available to all Internet users and that we have no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Elemental Muse or on the Internet generally.
Your use of the service is at your sole risk. Elemental Muse 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 our servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Elemental Muse, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future Elemental Muse policy decisions.
Agreement Acknowledgement: This agreement supersedes any written, electronic, or oral communication you may have had with Elemental Muse or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. By placing and continuing to maintain or place information on Elemental Muse's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
If you have any questions about our policies, please contact us.
