1. Disclaimer
All services provided by Excelsior Creations Hosting (“A division of Excelsior Creations, LLC”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Excelsior Creations Hosting from any claims resulting from the use of service which damages the subscriber or any other party.
Excelsior Creations Hosting will not be responsible for any damages your business may suffer. Excelsior Creations Hosting makes no warranties of any kind, expressed or implied for service we provide. Excelsior Creations Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by Excelsior Creations Hosting and its employees. Excelsior Creations Hosting reserves the right to change its policies at any time without prior notification.
2. Uptime
Excelsior Creations Hosting will make access available to you on a best-effort basis. Service outages can occur over which we have no control. In the event that an outage lasts more than 24 hours, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge. Although our average system uptime is outstanding, we cannot and will not make any guarantee of any kind regarding the stability or uptime of this service.
3. Payment Policy
Your account will not be activated until we receive your first months payment. Users, will receive invoices that are sent via email approximately one week before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being terminated. If you then wish to re-signup for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. We reserve the right to deny any order. Credit card order: If your order is processed you may be asked to send us a copy of your credit card from security reasons before your account is activated. All orders are subject to being denied. All credit card payments are automaticly billed every month.
Dedicated Servers and VPS Account Payment Policy
Payments are due every month on the date of signup. They are considered late after 1 days following the due date. If the account is not paid on the due date the account may be terminated. Excelsior Creations Hosting will terminate the customers service if the invoice is 3 days overdue. If the server is suspended, payments are subject to a $15.00 reconnection fee.
Reseller Payment Policy
The resellers invoice is due every month on the date of signup. They are considered late after 1 day. If the account is not paid within 24 hours the account may be suspended. This includes the end-user’s accounts. If the payment is not received within 3 days of due date the reseller’s account and end-user’s accounts will be terminated. If after 48 hours of suspension there is no communication from the reseller, and the end-user wishes to continue service, the end-user’s account will be turned over to the end-user and billing will be between Excelsior Creations Hosting and the end-user.
Late Fee
Payments are due every month on the date of signup. They are considered late after 1 day following the due date. If the account is not paid 2 days following the due date a late fee of 15% will be added to the invoice. This fee must be paid prior to activation of the late account.
4. Abuse
Prohibited are sites that promote any illegal activity or present content that may be damaging to Excelsior Creations Hosting’ servers, or any other server on the Internet. Links to such materials are also prohibited.
Any attempt to undermine or cause harm to a server or customer of Excelsior Hosting is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Server abuse includes but is not limited to the following:
A. CPU/Resource intensive Programs
B. Denial of Service Attacks
C. Hacking/cracking of any kind (This includes exploits)
D. Account trading
E. Spamming
G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.
H: No IRC, IRC bots, gameservers, or IRC shells allowed. We do not allow minecraft and runescape including bots to be ran on our normal vps accounts unless otherwise stated.
I: Proxy scripts, anonymizers, warez, image/filedump, miriror, or ad services.
J: Sale of controlled substance or online pharmacies.
K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.
L: Brute force programs, IP scanners, mail bombers, and spam scripts.
Excelsior Creations Hosting will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.
5. Early Termination/Cancellation
Excelsior Creations Hosting reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. Excelsior Creations Hosting only offers refunds on web hosting. Our refund policy is 14 days. If you are unhappy for any reason with Excelsior Creations Hosting you may cancel your account within 14 days. It only applies to accounts that cancelled by customer not by Excelsior Creations Hosting.
If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area.
If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Excelsior Creations Hosting staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
Our 14 day money back guarantee only includes shared and reseller hosting accounts. Our 14 day money back guarantee excludes dedicated servers, VPS, web design, and domain registration. You may cancel your dedicated server at any time however no refunds will be issued. Licenses and addons are non-refundable.
6. Privacy Policy
Excelsior Creations Hosting has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user’s identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC
7. Username/Domain Changes
The changing of your username requires that we delete your existing account and re-add a new account, just as if you had signed up all over again. Due to the effort required for this process, a $2.00 setup fee applies to any and all username changes. If you would like to change domain names, a $5.00 setup fee applies to any and all domain name changes.
8. Adult Content
Adult-oriented sites, pornography and sex related content are allowed only on our web hosting and reseller accounts. Child pornography is strictly prohibited.
9. Content
Excelsior Creations Hosting agrees with freedom of speech. However Excelsior Creations Hosting does not allow websites with the following content: Racism of any kind including but not limited to color, religion, creed, or any other beliefs. Other content that is prohibited are threats, hate websites, terrorist websites, violent websites, and malicious content.
Shared and Reseller accounts may not be used as a backup/storage device.
10. Domain Registration/Renewal
If a domain is registered through Excelsior Creations Hosting the client is responsible for renewing the domain. Domain prices are subject to change.
In order for Excelsior Creations Hosting to host your domain you must change your domain name servers (DNS) to our DNS. This must be done at your domain registrar. This is not considered a renewal or transfer of your domain. In order for this process to be performed you must contact your domain registrar.
11. Server Backups
Most of our servers are have backup equipment. For liability reason we cannot guarantee that your material will be backed up. Therefore please backup your accounts off of our servers. We are not responsible for lost material. If you require your accounts to be specifically backed up at a certain interval then we can do so for a negotiated fee.
12. Mail/Spam Policy
Excelsior Creations Hosting has a zero tolerance spam policy. We do not allow unsolicited e-mail, bulk emailing, and spam. Any user found doing such activity will have their account terminated. Websites that are advertised via spam may not be hosted on our servers.
The number of messages allowed to be sent per hour per domain is 350 messages.
Subscribing email addresses to any mailing list without express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in).
User may be charged fees for sending spam.
13. Server Resource
Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. Excelsior Creations Hosting shall be the sole arbiter of what is considered to be high server usage.
14. Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Excelsior Hosting must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
15. Legal
Excelsior Creations Hosting expects that its customers will abide by all of our rules and all applicable laws. A subscriber’s failure to comply with those laws will violate Excelsior Creations Hosting policy. Finally, Excelsior Creations Hosting wishes to emphasize that in signing the service agreement, subscribers indemnify Excelsior Creations Hosting for any violation of the service agreement, law, or Excelsior Creations Hosting policy, that results in loss to Excelsior Creations Hosting or the bringing of any claim against Excelsior Creations Hosting by any third-party. This means that if Excelsior Creations Hosting is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Excelsior Creations Hosting, plus costs and reasonable attorneys’ fees.
16. Services Changes
Excelsior Creations Hosting reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.