Terms of service
By using Elkhost Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Welcome to Elkhost Web Hosting (“Elkhost,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, services, and any related products (collectively, “Services”). By signing up, accessing, or using any of our Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. Please read these Terms carefully. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By using Elkhost Services, you agree to comply with all terms, conditions, policies, and guidelines outlined in these Terms. Elkhost reserves the right to amend or update these Terms at any time, with or without notice. Continued use of Services after any changes constitute your acceptance of the new Terms.

2. Account Registration and Responsibility

  • Account Information: To access Elkhost Services, you must provide accurate and complete information during registration. You agree to update this information as needed to ensure accuracy.

  • Security: You are responsible for the security of your account credentials, including your password. Elkhost will not be liable for any unauthorized access to your account.

  • Age Requirement: You affirm that you are at least 18 years of age or have obtained parental or guardian consent to use our Services.

3. Use of Services

  • Acceptable Use: Elkhost Services may only be used for lawful purposes. Any use of Services for illegal activities or in violation of any local, state, national, or international laws is strictly prohibited.

  • Prohibited Content: You agree not to host, post, or transmit any content that is unlawful, abusive, defamatory, pornographic, obscene, fraudulent, or otherwise objectionable.

  • Resource Usage: Some of Elkhost Services are provided as shared resources, and customers are expected to use resources (such as CPU, memory, and bandwidth) fairly. Excessive resource usage that disrupts service for other customers may result in suspension or termination of your account.

4. Service Availability and Uptime Guarantee

Elkhost makes every effort to maintain high uptime and reliable performance of its Services. However:

  • Uptime Limitations: While we aim for continuous availability, Elkhost does not guarantee uninterrupted or error-free Services. Scheduled maintenance and unplanned outages may occasionally affect availability.

  • Liability Limit: Elkhost will not be held responsible for losses resulting from downtime, data loss, or service interruptions, whether caused by internal maintenance or external factors.

5. Payment Terms

  • Billing and Payments: Elkhost Services are provided on a subscription basis. You agree to pay all charges as specified in your billing plan. Payment must be made in advance for the term you select.

  • Refunds and Cancellations: All sales are final. Elkhost does not provide refunds unless otherwise stated in specific promotions. To avoid billing for the next term, you must cancel Services before your renewal date.

  • Suspension for Non-Payment: Elkhost reserves the right to suspend or terminate Services for accounts that are past due. If payment is not received within 3 working days, your data may be deleted permanently.

6. Intellectual Property Rights

  • Content Ownership: Any content you upload, post, or store remains your property. However, you grant Elkhost a worldwide, non-exclusive license to host and display this content solely to provide Services.

  • Prohibited Use of Intellectual Property: You may not use, duplicate, or distribute any of Elkhost’s trademarks, copyrights, or intellectual property without express permission.

7. Data Privacy and Security

  • Data Collection: Elkhost collects data in accordance with our Privacy Policy. By using our Services, you agree to the collection, storage, and processing of data as described in the Privacy Policy.

  • Customer Responsibility: While Elkhost implements security measures, you are responsible for any breaches resulting from your own practices, such as weak passwords or insecure applications.

  • Data Backup: Elkhost performs periodic backups but does not guarantee the availability or integrity of backups. We recommend that you maintain your own data backups.

8. Limitation of Liability

  • Indemnification: You agree to indemnify and hold Elkhost, its employees, agents, and affiliates harmless from any claims, damages, or expenses resulting from your use of our Services.

  • Disclaimer of Warranties: Elkhost Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, regarding the accuracy, reliability, or availability of our Services.

  • Liability Cap: Under no circumstances shall Elkhost’s liability exceed the amount you have paid to us for the current billing cycle.

9. Termination of Services

  • Termination by Elkhost: Elkhost reserves the right to terminate or suspend your account without notice for any violation of these Terms or misuse of Services.

  • Termination by Customer: You may terminate your Services at any time by notifying us in writing. Termination does not entitle you to a refund unless specified in specific agreements.

  • Effect of Termination: Upon termination, your access to Elkhost Services will cease, and your data may be permanently deleted.

10. Price Adjustments

  • Right to Modify Pricing: Elkhost reserves the right to adjust hosting service prices at any time without prior notice. Such changes may apply to new subscriptions, renewals, or existing services as deemed necessary to reflect changes in operational costs, market conditions, or other factors.

  • Customer Notification: While Elkhost may choose to notify customers of pricing changes via email or website announcements, such notice is not required. You are responsible for reviewing the current pricing on our website periodically.

  • Effect of Price Changes: Continued use of Services after any price adjustment constitutes your acceptance of the new pricing. If you do not agree with the updated pricing, you may cancel your service before the next billing cycle.

11. Domain-Related Services

  • Domain Registration and Renewal: Elkhost provides domain registration services subject to availability and compliance with ICANN (Internet Corporation for Assigned Names and Numbers) regulations. By registering a domain with Elkhost, you agree to all applicable ICANN policies and any domain-specific registration requirements.

  • Pricing and Renewal Terms: Domain registration and renewal fees may vary based on the domain extension and are subject to change without prior notice. Domain renewal is your responsibility, and Elkhost will make reasonable efforts to notify you before your domain expires. Failure to renew may result in loss of the domain name.

  • Domain Expiration and Redemption: If a domain expires, Elkhost may release it for public registration or retain it as part of a grace period, at its discretion. If the domain enters a redemption period, additional fees may apply to restore it.

  • Domain Transfers: You may transfer a domain to or from Elkhost, provided it meets eligibility requirements, including full payment of any outstanding fees. Transfer requests are subject to approval and may be denied for reasons such as fraud or disputes.

  • WHOIS Data Accuracy: You agree to provide accurate, complete, and current WHOIS information for domain registration. Failure to maintain up-to-date WHOIS data may result in suspension or cancellation of the domain. Elkhost reserves the right to correct or suspend inaccurate information in compliance with ICANN policies.

  • Domain Privacy Protection: Elkhost offers privacy protection services to conceal personal information from public WHOIS listings. By opting into this service, you authorize Elkhost to substitute your information with privacy-protected data. Privacy protection is available only where legally permitted.

  • Intellectual Property Compliance: You are responsible for ensuring that any domain registered or hosted with Elkhost does not infringe upon third-party trademarks, copyrights, or intellectual property rights. Elkhost reserves the right to suspend or cancel domains involved in legal disputes.

12. Third-Party Service Providers

  • Integration with Third-Party Services: Elkhost may provide access to or integrate third-party services, applications, or tools to enhance your hosting experience. These may include website builders, email services, content management systems, and other software solutions.

  • Use at Your Own Risk: Your use of any third-party services is solely at your own risk. Elkhost does not endorse or make any representations about the reliability, availability, or performance of these services. We are not responsible for any issues arising from your use of third-party services, including data loss, service interruptions, or performance discrepancies.

  • Compliance with Terms: By utilizing third-party services through Elkhost, you agree to comply with the terms and conditions of those providers. You are responsible for reviewing and accepting any applicable agreements or policies from third-party providers before using their services.

  • Data Security and Privacy: Elkhost is not responsible for the data security practices or privacy policies of third-party service providers. Any personal or sensitive information shared with these providers is governed by their respective privacy policies, and you should exercise caution when disclosing such information.

  • Termination of Access: Elkhost reserves the right to disable access to third-party services at any time without notice if we determine that your use of such services violates these Terms, poses a risk to our infrastructure, or adversely affects the experience of other customers.

  • Service Level Agreements (SLAs): Elkhost does not provide any guarantees or SLAs for third-party services. Any issues related to the functionality or availability of these services should be directed to the respective provider for resolution. Elkhost will not be liable for any damages resulting from your use of third-party services, including loss of data or business interruptions.

13. Changes to Terms of Service

Elkhost may modify these Terms at its sole discretion. You will be notified of significant changes by email or an announcement on our website. Continued use of Services after any changes signifies your acceptance of the revised Terms.

14. Dispute Resolution and Governing Law

  • Governing Law: These Terms are governed by the laws of Scotland, without regard to its conflict of law provisions.

  • Dispute Resolution: Any disputes arising from these Terms or your use of Elkhost Services shall be resolved through mediation or arbitration in an authority chosen by Elkhost, in accordance with applicable laws.

15. Contact Information

If you have questions or concerns regarding these Terms, please contact us at: enquiry@elkhost.com

By using Elkhost Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: October 2024