Last Updated: April 25, 2019
Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Evolve’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.
The initial service term of the Agreement shall begin on the date that Evolve Web Host 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 Host 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.”
Renewal notices are emailed Seven (7) days before the actual renew date in your account. If you have a credit card on file your card will automatically be charged two days before the actual due date. (ie. Your renew date is May 22nd, your invoice will be sent on May 15th and your card on file will be charged May 20th). Service will be made inactive on accounts that are not paid by 1 day after the due date at 6AM MST. The term “Account” describes all services provided to a customer as defined by the primary ownership email and physical address. Evolve Web Host reserves the right to revoke this grace period if a pattern of late payment is observed or if your payment method is listed as other. All orders made with a credit card are expected to work on the monthly renewal date each month. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment are subject to a $10.00 late payment fee.
Any Shared or Ecommerce Hosting Account that is not paid for within 21 days of the renewal date will be deleted from the Evolve Web Hosting servers and there will be no way to restore the data unless you have a local backup.
All Managed SSD VPS, Managed Cloud VPS or Reseller Servers have a 3 day grace period. If your invoice is not paid at this time, all data from your server will be deleted and we will be unable to restore your accounts.
When an order is placed with a credit/debit card, your card is securely stored on file and will automatically be charged every month on the date your renewal notice is sent (one day before your actual renewal date). For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.
All New Evolve Web Hosting Customers are eligible for a 30 day money back guarantee on all Shared and Ecommerce, Managed SSD VPS, Managed Cloud VPS and Reseller hosting plans upon written request. The definition of a new customer is one who has never purchased services from Evolve Web Hosting in the past. Also if a customer purchases a 2nd, 3rd, etc. hosting package and wishes to cancel this particular package they are not eligible for a refund. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 or 60 day money back guarantee. If the TOS/AUP agreed upon when ordering is violated this voids your eligibility for the 30 day money back guarantee. Evolve Web Hosting reserves the right to deny the refund if we feel abuse of services has occurred.
Evolve Web Hosting reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Evolve Web Hosting through the user billing portal or through other methods of communication, including notices sent or posted by Evolve Web Hosting.
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Evolve Web Host terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 12 (Termination), or Customer terminates the service other than in accordance with Section 12 (Termination) for Evolve Web Hosting breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement. Customer also acknowledges that a minimum of 7 days cancellation notice or downgrade of current package prior to the following renewal term must be given in writing to Evolve Web Hosting or the Customer will be responsible for full payment of the following term. The cancellation request will be subject to the following guidelines:
Customer agrees to use the service in compliance with applicable law and Evolve Web Hosting’s Acceptable Use 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 Host and Customer regarding the interpretation of the AUP, Evolve Web Hosting’s commercially reasonable interpretation of the AUP shall govern.
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.
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.
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.
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.
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.
All use of hosting space provided by Evolve Web Hosting is subject to the terms of this Agreement and the Acceptable Usage Policy.
Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Evolve Web Hosting expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Evolve Web Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Evolve Web Hosting's terms and conditions.
VPS usage is limited by the resources allocated to the specific plan that you have purchased.
You are allocated a monthly bandwidth allowance and this allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. If you exceed your bandwidth limit within the first 30 days of service you are not eligible for the 30 day money back guarantee and you are responsible to pay for any overage.
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.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a VPS account.
Customer agrees to maintain a current copy of all content hosted by Evolve Web Hosting notwithstanding any agreement by Evolve Web Hosting to provide back up services.
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.
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 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 at https://www.evolvewebhost.com/account/submitticket.php . 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.
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.
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.
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.
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