Terms of Service (TOS)
1. Acceptance of Terms
By using ExpHost ("we", "us", "our") services, you ("customer", "user", "you") agree to be bound by these Terms of Service ("TOS"). If you do not agree to these TOS, you must not use our services. Continued use of our services implies acceptance of any updates or modifications to these TOS.
2. Account Responsibilities
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. ExpHost is not liable for any loss or damage arising from your failure to protect your account information.
Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Content Responsibility: You are responsible for all content stored or transmitted on your server, including ensuring that it does not violate any applicable laws or regulations. ExpHost is not responsible for any data loss, corruption, or unauthorized access to your data. It is your responsibility to maintain appropriate backups of your content.
3. Prohibited Activities
Illegal Use: You may not use our services for any illegal activities, including but not limited to hosting, promoting, or distributing child pornography, conducting illegal gambling, or engaging in any activity that violates local, state, national, or international law.
Resource Abuse: Excessive use of server resources that negatively impacts the performance, reliability, or availability of our services to other customers is prohibited. We reserve the right to suspend or terminate services if we determine that your usage exceeds acceptable levels.
Intellectual Property Infringement: You may not host or transmit any content that infringes upon the intellectual property rights of others, including copyrighted material, trademarks, patents, or trade secrets.
Harassment and Harm: Any form of harassment, abuse, or harm to other users, our employees, or third parties is strictly prohibited. This includes, but is not limited to, cyberstalking, transmitting threats, or engaging in activities designed to harass or harm.
4. Payment and Refunds
Billing: Services are billed on a monthly basis unless otherwise agreed upon. Payment must be made in advance of the service period. We accept payments via major credit cards, PayPal, and other payment methods as indicated during the checkout process.
Refund Policy: Refunds are provided at our discretion and are subject to the following conditions:
- A full refund may be issued if a request is made within 48 hours of the initial order. Refund requests must be submitted through the client portal or via email to our billing department.
- Orders exceeding $50 are non-refundable. This policy is non-negotiable.
- No refunds will be issued after the 48-hour window, except in cases where ExpHost fails to meet its service level agreement (SLA).
5. Cancellation Policy
Cancellation Process: To cancel your service, you must submit a request through the client billing panel. Upon cancellation, you will retain access to your service until the end of the current billing period, after which your service will be terminated.
Data Retention Post-Cancellation: Upon cancellation, your data will be retained for a maximum of 7 days, after which it will be permanently deleted from our systems. It is your responsibility to retrieve any data prior to cancellation.
6. Off-Site Backups
Backup Schedule: We perform off-site backups every 12 hours for all nodes. These backups are intended for internal use to restore system functionality in the event of a catastrophic failure.
Data Loss Disclaimer: While we provide off-site backups, we are not responsible for any data loss, and we strongly recommend that users maintain their own backups. We do not guarantee the availability or integrity of backups beyond our own operational needs.
Backup Restoration: If you require a backup restoration, please contact our support team. A fee may apply for this service, depending on the nature of the request.
7. Service Availability
Uptime Guarantee: We guarantee a 99% uptime as outlined in our Service Level Agreement (SLA). In the event of downtime beyond this threshold, you may be eligible for service credits as specified in the SLA.
Scheduled Maintenance: We will notify you of any scheduled maintenance that may impact service availability at least 24 hours in advance. Emergency maintenance may be performed without prior notice but will be communicated as soon as possible.
Service Interruptions: ExpHost is not liable for any service interruptions caused by factors outside our control, including but not limited to natural disasters, acts of war, or failures in third-party services.
8. Modifications to the TOS
We reserve the right to modify these TOS at any time. Any changes will be communicated to you at least 30 days in advance via email or through a notice on our website. Continued use of our services after the effective date of any changes constitutes your acceptance of the modified TOS.
9. Governing Law
These TOS are governed by and construed in accordance with the laws of the jurisdiction in which ExpHost operates, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within this jurisdiction.
10. Severability
If any provision of these TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
11. Entire Agreement
These TOS, along with our Privacy Policy and Service Level Agreement (SLA), constitute the entire agreement between you and ExpHost and supersede any prior agreements or understandings, whether written or oral.
12. Contact Information
For any questions regarding these TOS, please contact us at support@exphost.net.