Evolve Web Hosting Policies

Acceptable Usage Policy

Updated on February 20, 2024

Evolve Hosting employs an Acceptable Usage Policy to maintain the performance and integrity of our computer equipment. This Acceptable Usage Policy is deliberately written in Plain English to make it easy to understand and interpret. Our policies are fair and often more generous than those of our competitors. However, we still maintain an AUP to safeguard our services for you and other customers.

Spam, Warez, Piracy and Illegal Activities

Evolve Hosting does NOT permit any of its services to be used for illegal purposes. These include but are not limited to spam, unsolicited commercial email, warez hosting, piracy and hacking related activities. Evolve Hosting will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Evolve Hosting may involve law enforcement authorities if we deem necessary.

Child Pornography

If Evolve Hosting discovers child pornography on any services provided to you, your account will be immediately terminated without refund. Your personal details will be passed to law enforcement authorities and we will assist fully with law enforcement authorities around the world to seek charges against you.

Hacking / Denial of Service / Sniffing / Spoofing

Evolve Hosting does not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by it’s services. Evolve Hosting will remain the sole arbiter in what constitutes any of these activities. You acknowledge that participation in any of these activities will result in immediate termination without refund. Evolve Hosting may involve law enforcement authorities if we deem necessary.

Malware Responsibilities

It is your responsibility to keep your account secured and your website software up to date to prevent malware. Evolve Hosting periodically scans every account for malware. If malware is found, we will notify you. It is then your responsibility to have this removed from your account within 48 hours. You are free to use the tool(s) of your choice to remedy this. We offer a comprehensive solution called Astra to clean up malware and to prevent it from recurring again.

Any malware not removed within 48 hours will result in a suspended account until the malware has been removed.

Backup Restoration

If your account was cancelled or suspended for non-payment and you still need your data to take with you there is a $20 per incident charge for all inquiries regarding previous services and / or support. We generally keep backups available for a period of 30 days after account cancellation, but can provide no guarantees on the actual length of availability of a backup.

Web Hosting Services

Evolve Hosting has strict resource usage restrictions on Web Hosting Services. These are designed to maintain the integrity, security and performance of our web servers. Failure to abide by these restrictions may result in account suspension or termination without refund.

• No script or piece of software may use 25% or more of system resources for 60 seconds or longer
• No user may have above 5,000 opened files at any moment (the limit does not apply to overall number of existing files, owned by the user)
• The number of emails sent from all email accounts at the same domain name cannot be more than 200 per hour
• Running stand-alone, unattached server side processes/deamons is strictly prohibited
• Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
• Running any bit-torrent / P2P application is strictly prohibited
• Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
• Running of public file exchange services is strictly prohibited
• ADULT CONTENT IS STRICTLY PROHIBITED

Disk Usage Provision

90% or more of your content on your website must be linked from an HTML or similarly coded web page where all content is freely available to the public. Your website consists of web pages of a standard design, essentially HTML based text and graphics. Downloadable files, media, streaming content or any file which consumes more than 500kb of space must not exceed 10% of your total used disk quota.

Wordpress Usage and Modules

We do not allow any WordPress caching modules on our shared hosting services. WordPress caching modules continually cause server overload problems and are only allowed on Managed VPS hosting.

Virtual Private Server (VPS) Web Hosting Services

Evolve Hosting has strict resource usage restrictions on Virtual Private Server (VPS) Web Hosting Services. These are designed to maintain the integrity, security and performance of our web servers. Failure to abide by these restrictions may result in account suspension or termination without refund.

• Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
• Running any bit-torrent / P2P application is strictly prohibited
• Running of public file exchange services is strictly prohibited

Terms and Conditions

Updated on February 20, 2024

Services

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Evolve Web Hosting's credit approval requirements, Evolve Web Hosting agrees to provide the web hosting services described in the Order for the fees stated in the Order.

Terms

The initial service term of the Agreement shall begin on the date that Evolve Web Hosting generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Evolve Web Hosting or Customer provides the other with termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

Law / AUP (Acceptable Usage Policy)

Customer agrees to use the service in compliance with applicable law and Evolve Web Hosting’s Acceptable Usage Policy (the “AUP”), which is hereby incorporated by reference in this Agreement. Customer agrees that Evolve Web Hosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Evolve Web Hosting’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Evolve Web Hosting’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Evolve Web Hosting and Customer regarding the interpretation of the AUP, Evolve Web Hosting’s commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to Evolve Web Hosting that the information he or she has provided and will provide to Evolve Web Hosting for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Evolve Web Hosting that he or she is at least 18 years of age. Evolve Web Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Indemnification

Customer agrees to indemnify and hold harmless Evolve Web Hosting, Evolve Web Hosting’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

Evolve Web Hosting does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law, Evolve Web Hosting disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an “As Is” basis.

Limitation of Damages

Neither party shall be liable to the other for lost profits, or any indirect, special, incidental, consequential, or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Not withstanding anything else in the agreement to the contrary, the maximum aggregate liability of Evolve Web Hosting and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict, liability and infringement) shall be a payment of money not to exceed the amount payable by customer for one month of service.

Suspension or Termination

Suspension of Service

Customer agrees that Evolve Web Hosting may suspend services to Customer with or without notice and without liability.

Evolve Web Hosting reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Evolve Web Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.

Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Requests for Customers Information

Customer agrees that Evolve Web Hosting may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Evolve Web Hosting believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

3^rd Party Login Access

Under no circumstance are we able to login to another account of yours through a different provider. This includes a different domain registrar, SSL Provider and/or PCI Compliance Company. We may provide you with the information to relay to another provider but we will not be logging in on your behalf and making changes to those accounts.

Changes to Evolve Web Hosting's Network

Upgrades and other changes in Evolve Web Hosting’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Evolve Web Hosting reserves the right to change its network in its commercially reasonable discretion, and Evolve Web Hosting shall not be liable for any resulting harm to Customer.

Notices

Notices to Evolve Web Hosting under the Agreement shall be given via electronic mail to the e-mail address of billing [at] evolvewebhost dot com or via our online ticketing system. All notices, including but not limited to support or billing requests, must be submitted from the registered primary or secondary e-mail address on file for the customer account.

Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. It is the Customers responsibility to ensure valid and accurate contact information is supplied and updated as necessary. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majeure

Evolve Web Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Evolve Web Hosting’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Binding Arbitration

As a Customer of Evolve Web Hosting you agree to submit to binding arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The location of Arbitration shall be selected by Evolve Web Hosting at the time of the dispute.

Maintenance

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Evolve Web Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Evolve Web Hosting’s prior written consent. Evolve Web Hosting’s approval for assignment is contingent on the assignee meeting Evolve Web Hosting’s credit approval criteria. Evolve Web Hosting may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.