Terms of Service
This Terms of Services agreement (the “Agreement”) is entered into by and between EvryHost s.r.o (“EvryHost”, “we”, “us” or “our”) and you (“User”, “you” or “your”) and is made effective as of the date of electronic acceptance. The agreement sets forth the general terms and conditions of your use of the products and services made available by EvryHost and of the EvryHost.com website (the “Services”). By using the Services, you agree to be bound by the Agreement. If you do not agree to abide by the terms of the Agreement, you are not authorized to use or access the Services.
2. Account Eligibility
2.1. By registering for or using the Services, you represent and warrant that:
2.1.1. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to the Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
2.2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts, is accurate, correct and complete at all times. EvryHost is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
2.3.You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
2.4. Any dedicated IP order in addition to those provided with the Services may be subject to IP justification. EvryHost reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. Account Security
3.1. It is your responsibility to ensure that scripts/programs installed under your account are secure and that permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
3.2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. EvryHost may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
3.3. Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. EvryHost may, at our discretion, request documentation to prove that your access to a third-party network or system is authorized.
3.4. Any account that causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by EvryHost of an issue, we reserve the right to leave access to services disabled.
3.5. EvryHost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
4. Transfer
EvryHost Technical Department will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your order date. Transfers outside of the thirty (30) day period will incur a charge. In no event shall EvryHost be held liable for any lost or missing data or files resulting from a transfer to or from EvryHost. You are solely responsible for backing up your data in all circumstances.
5. EvryHost Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (“EvryHost Content“), are the proprietary property of EvryHost or EvryHost’s licensors. EvryHost Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in the Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any EvryHost Content. Any use of EvryHost Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any EvryHost Content. All rights to use EvryHost Content that are not expressly granted in the Agreement are reserved by EvryHost and EvryHost licensors.
6. User Content
6.1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content“). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites“). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to EvryHost that:
(I) You have all the necessary rights to post or distribute such User Content;
(II) Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
6.2. Solely for purposes of providing the Services, you hereby grant to EvryHost a non-exclusive, royalty-free, worldwide right and license to:
(I) Use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content;
(II) Make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, EvryHost does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
6.3. EvryHost does not exercise any control over, and does not accept any responsibility for, User Content or the content of any information passing through EvryHost’s computers, network hubs and points of presence or the Internet. EvryHost does not monitor User Content. However, you acknowledge and agree that EvryHost may, but is not obligated to, immediately take any corrective action in EvryHost’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of the Agreement.
7. Compliance with Applicable Law
7.1. Applicable law is that of the Azerbaijan Republic. Any dispute resulting from the Agreement shall be referred solely to a court of competent jurisdiction in the Azerbaijan Republic.
7.2. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email, and your use of the Services. We do not offer the Services where prohibited by law.
7.3. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation (GDPR) and any applicable national implementing laws in your jurisdiction, and with respect to your users’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and EvryHost is a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of the Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
8. Third Party Products and Services
8.1. EvryHost may offer certain third-party products and services. Such products and services may be subject to the terms and conditions of the third-party provider. Discounts, promotions, and special third-party offers may be subject to additional restrictions and limitations by the third-party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.
EvryHost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third-party providers. EvryHost is not an agent, representative, trustee, or fiduciary of you or the third-party provider in any transaction.
8.2. EvryHost may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services (“Non-EvryHost Products“). EvryHost shall not be responsible for any changes in the Services that cause any Non-EvryHost Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-EvryHost Products, either sold, licensed or provided by EvryHost to you will not be deemed a breach of EvryHost’s obligations under the Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non-EvryHost Product are limited to those rights extended to you by the manufacturer of such Non-EvryHost Product. You are entitled to use any Non-EvryHost Product supplied by EvryHost only in connection with your use of the Services as permitted under the Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-EvryHost Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-EvryHost Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
8.3. The Services may contain links to other websites that are not owned or controlled by EvryHost (“Third Party Sites“), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content“). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third-Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data-gathering practices of any website to which you navigate.
9. Compatibility with the Services
9.1. You agree to cooperate fully with EvryHost in connection with EvryHost’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under the Agreement may depend upon your performance of your obligations, EvryHost is not responsible for any delays due to your failure to timely perform your obligations.
9.2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by EvryHost to provide the Services, which may be changed by EvryHost from time to time in our sole discretion.
9.3. You are solely responsible for backing up all User Content, including but not limited to, any User Websites. EvryHost does not warrant that we back up any User Content, and you agree to accept the risk of loss of any and all User Content.
10. Billing and Payment
10.1. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
10.2. EvryHost reserves the right to change the fees for the Services at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of notices and updates provided through the User billing tool provided as part of the Services, notices and updates otherwise provided through the Services or notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by EvryHost through the User billing tool or other methods of communication and notices sent or posted by EvryHost.
10.3. Unless otherwise provided, you agree that until and unless you notify EvryHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
10.4. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to EvryHost’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
10.5. All invoices must be paid on the invoice due date. Otherwise, it will result in the suspension of the Services. Access to the Services and any content related to the Services will not be restored until payment has been received. Any invoice that is outstanding for more than thirty (30) days will result in the termination of the Services and the deletion of all content related to the Services.
10.6. It is a violation of the Agreement for User to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. EvryHost may report any such misuse or fraudulent use, as determined in EvryHost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
10.7. You have ninety (90) days to dispute any charge or payment processed by EvryHost. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
10.8. EvryHost complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. EvryHost does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
11. Refunds
11.1. EvryHost offers a thirty (30) days money-back guarantee period (the “Money-Back Guarantee”). If not completely satisfied with the Services within this period, you can cancel the Services and request a refund.
11.2. The Money-Back Guarantee applies only to Shared Hosting, WordPress Hosting and Reseller Hosting. These services are eligible for a refund. If you received a free domain with your hosting plan, you will be refunded the cost of the hosting minus the cost of the domain.
11.3. The Money-Back Guarantee does not apply to VPS and Dedicated Servers and these services are not eligible for a refund.
11.4. The Money-Back Guarantee does not apply to domain registrations and these services are not eligible for a refund.
11.5. The Money-Back Guarantee does not apply to additional IP addresses, SSL certificates, licenses, add funds transactions, and other one-time payments, and these services are not eligible for a refund.
11.6. Only first-time services are eligible for a refund. Payments you make to increase your clientarea are non-refundable.
11.7. Any processing fee(s) will be deducted from a refund.
11.8. All refunds are made in the currency of the amount paid to us and will reflect the exchange rate in effect on the date of refund, and EvryHost is not responsible for any changes in exchange rates between the time of payment and the time of refund.
11.9. Violations of the Agreement will waive the User’s rights to a refund.
12. Cancellation and Termination
12.1. You may cancel the Services at any time from your Client Area on EvryHost.com
12.2. EvryHost may terminate your access to the Services, in whole or in part, without notice in the event that:
(I) You fail to pay any fees due;
(II) You violate the Agreement;
(III) Your conduct may harm EvryHost or others or cause EvryHost or others to incur liability, as determined by EvryHost in its sole discretion;
(IV) As otherwise specified in the Agreement.
In such events, EvryHost shall not refund any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
12.3. Upon termination of the services for any reason, user content, user websites, and other data will be deleted.
13. Price Change
13.1. EvryHost 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 applying any price change to annual or longer-term plans. It is your sole responsibility to periodically review billing information provided by EvryHost through the client portal or other communication methods, including notices sent or posted by EvryHost.
14. Coupons
14.1. Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be applied to domain registration unless explicitly stated otherwise.
14.2. If you have previously signed up using a particular domain, you may not register that same domain again using another coupon at a later time.
14.3. All coupons and discounts apply only to the initial purchase and do not affect renewal or recurring charges.
14.4. Any account found violating these policies will be reviewed by our Sales Department and applicable charges will be added to the account.
14.5. Coupon abuse will not be tolerated and may result in suspension or termination of your account.
15. Resource Usage
The Services are intended for use in accordance with EvryHost’s Acceptable Use Policy (“AUP”). Any material or conduct in violation of the AUP is considered a violation of this Agreement.
16. Backups and Data Loss
16.1. EvryHost’s backup service runs once daily and retains up to five (5) days of backups at a time.
16.2. This service is provided as a courtesy to shared and reseller accounts only and may be modified or discontinued at EvryHost’s sole discretion.
16.3. EvryHost does not maintain backups for VPS or dedicated server accounts. You are solely responsible for maintaining your own backups and data on your account. EvryHost is not liable for any loss of files or data.
16.4. Any shared account using more than 20 GB of disk space will be excluded from our offsite daily backups, except for databases, which will continue to be backed up. All data will still be mirrored to a secondary drive to help protect against hardware failure.
17. Technical Support Services
17.1. Unless otherwise stated, EvryHost provides technical support via live chat and support tickets. You must provide as much relevant information as possible to help diagnose any issues. By using our support services, you authorize EvryHost to access your account if necessary to resolve your issue. EvryHost and its staff are not liable for any damages resulting from technical support provided.
17.2. EvryHost does not provide support if:
- (i) You are in breach of the Agreement;
- (ii) The issue arises from modifications by you or a third party, or from failure to implement changes recommended by EvryHost;
- (iii) You are abusive or disrespectful toward our staff.
18. Disclaimer
You agree that your use of the Services is at your sole risk. EvryHost does not control, and is not responsible for, any content transmitted over our infrastructure or through the Internet.
19. Limited Warranty
The services provided under this agreement are offered “as is” and “as available.” EvryHost and its affiliates, employees, agents, suppliers, and licensors disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service, or that information obtained via our services will be accurate or reliable. This section survives termination of the agreement.
20. Limitation of Liability
20.1. EvryHost shall not be liable for any failure or delay in performance due to circumstances beyond its control. In no event shall EvryHost be liable for indirect, incidental, special, or consequential damages, including loss of profits or data, even if advised of the possibility of such damages.
20.2. Notwithstanding anything to the contrary, EvryHost’s total liability to you shall not exceed the amount paid by you to EvryHost in the three (3) months prior to the event giving rise to the claim.
21. Disclosure to Law Enforcement
EvryHost may disclose user information to law enforcement agencies without notice or consent if required by law. We fully cooperate with legal authorities.
22. Independent Contractor
EvryHost and the user are independent contractors. Nothing in this Agreement creates a partnership, joint venture, or agency relationship between the parties.
23. Indemnification
You agree to indemnify and hold harmless EvryHost and its related parties from any claims or liabilities arising from:
- (i) Your use of the Services;
- (ii) Your breach of the Agreement;
- (iii) Your actions or omissions, except those caused by EvryHost’s gross negligence or willful misconduct.
This obligation survives the termination of the Agreement.
24. Entire Agreement
This Agreement, along with incorporated documents, constitutes the full and complete agreement between you and EvryHost and supersedes any prior agreements.
25. Headings
Section headings are provided for convenience and do not affect the interpretation of this Agreement.
26. Changes to the Agreement or Services
26.1. EvryHost may update this Agreement at any time. If significant changes are made, we will notify you via email or on our website at least thirty (30) days in advance. Continued use of the Services constitutes acceptance of the updated terms.
26.2. EvryHost reserves the right to modify, change, or discontinue any part of the Services at any time.
27. Severability
If any part of this Agreement is found to be invalid or unenforceable, the remainder will remain in full force and effect.
28. Waiver
Failure to enforce any provision of this Agreement does not waive the right to enforce that or any other provision in the future.
29. Assignment; Successors
29.1. You may not assign your rights or obligations under this Agreement without prior written consent from EvryHost.
29.2. EvryHost may assign its rights and obligations, and may use subcontractors or agents. This Agreement binds all successors and permitted assigns.
30. Force Majeure
Neither party is liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, labor disputes, acts of war, or third-party failures.
31. Third-Party Beneficiaries
Except as expressly stated, this Agreement does not grant rights to any third parties. However, suppliers identified as third-party beneficiaries in the service descriptions may enforce applicable terms directly.
