Need4host Acceptable Usage Policy & Terms Of Usage

This document is updated often. Please make a habit of reviewing it from time to time to stay abreast of acceptable as well as inappropriate uses of your need4host.com Internet Services account. Reports of activity in violation of this policy may be sent via e-mail.

This Web Hosting Agreement is between ElnaraUAB (need4host.com) and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services."; need4host.com is fully owned by Elnara UAB company.

 

Services

Need4host.com  agreed to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

 

Payments

Renewal notices are emailed 30 – 5 [depend on product and billing cycle] days before the actual renew date in your account. If you subscribed for recurring payments you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 14 days after due date a 10% fee will be added. Elnara UAB reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 5 days of e-mail notice or exceeding this time frame in any way is subject to suspension (sure you can email us in case you need to delay payment and we will not suspend your account). YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notified Elnara UAB to request for termination of services. Although we are based in the Lithuania and all of our servers based in Netherlands our websites currency is EUR. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts.

Delivery Policy

After receipt of your order, the services will be provisioned to you in accordance with the terms applicable to the services that you purchased. In case of SSD VPS or Shared Hosting services, you will receive the product access credentials immediately once payment received by our system. As for Dedicated Servers, the provision of default packages will be made within 48 hours. Terms of provision specific server's configuration discussed with the customer in advance.

Refund Policy

Refund Policy Customer has thirty (30) days to do a "trial version" with our VPS/SharedHosting package. In these thirty (30) days period the customer has the right to cancel or demand a full refund if they are not satisfy with the service. However, after exceeding this thirty (30) day period the customer will not be entitled to any refund and they will be billed until a cancellation is incited. Unfortunately we have no way to refund the costs of software licenses (cPanel, DirectAdmin, ISPManager, etc) due to vendors' policies. The costs of any software license will not be refunded. The customer has the right to request full refund only once. If you'd order two virtual servers you can get a refund for one only (the same applies for shared hosting plans). Please don't order two copies of the same service within the first 30 days. Domain name payments are not refundable according to ICANN policies. Overpayments are not refundable. Bitcoin payments are non refundable.

All payments [includes annual] are non refundable once the 30 day money back guarantee has passed.  The Monthly/semi-annually/annually payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.

 

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Elnara UAB is strictly prohibited.

Elnara UAB will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Elnara UAB, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

 

IMPORTANT NOTE

Elnara UAB has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE [usually we always send email to customer, but we do not guarantee it with current AUP/TOS]. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

YOU may not run IRC, bots or clients on VPS/Dedicated servers or shared hosting services. Unacceptable uses also include, but are NOT limited to:

Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Elnara UAB to be unacceptable use of our services including abuse of server resources.";

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness  -unless you are on paid managed support. If you purchased the paid-managed support provided by need4host.com we are responsible for updating your  VPS/dedicated servers and in case of such problems we will resolve this w/o service suspension.";

Need4host.com customer’s accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.";

Usually we do not care what our customer’s host until we receive any spam/DMCA/etc abuse. In case you have used pure password and your account was compromised we can make a step forward  to you and reinstall OS on your VPS/dedicated and improve the security for free. We can do it only 1 time and in case of

second abuse you may be charged an extra or your account may be terminated.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

  • You may not attempt to circumvent user authentication or security of any host, network or account ("cracking"). This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

  • You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

  • Users who violate systems or network security may incur criminal or civil liability. Elnara UAB will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 

Disk Space/Bandwidth Usage

 You are reponsable for monitoring your disk/bandwidth  usage. If you need extra disk/bandwidth space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Elnara UAB client account. In case you exceed disk space or BW your account will be suspended with notifications";

 

Acceptable Usage Policy

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that Elnara UAB hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Elnara UAB 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 Elnara UAB reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Elnara UAB and Customer regarding the interpretation of the AUP, Elnara UAB commercially reasonable interpretation of the AUP shall govern.";

 

Customer Information

 

Customer represents and warrants to Elnara UAB that the information he, she or it has provided and will provide to Elnara UAB for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Elnara UAB that he or she is at least 18 years of age. Elnara UAB 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.";

 

UNSOLICITED EMAIL & SPAMMING

 

Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. Elnara UAB takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.

 

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. We reserve the right to determine the our customer's accounts activity as spam or not. Not only spam abuse could be the prove of spam sending; if our engineers will determine that your account/service used to send spam we may block/terminate this account w/o any refund possible.

NOTE - If YOU use the services of another provider to promote a website hosted by or through Elnara UAB ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

 

99.99% UPTIME GUARANTEE

 (1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with Elnara UAB at the time of a service outage [only related to DC/need4host.com, the outage due to some server/vps/dns misconfiguration not included] .

(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - Elnara UAB endeavors to have the content of YOUR website available for http/s access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from Elnara UAB to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Elnara UAB's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Elnara UAB ; using emergency skype account; using facebook or other social network accounts.

Elnara UAB's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Elnara UAB network.

(3a.) HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, Elnara UAB will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 30% of the monthly service charge for the affected month.

- 95% to 99.9% - YOUR account will be credited 5% of your monthly hosting fee

- 90% to 94.9% - YOUR account will be credited 10% of your monthly hosting fee

- 89.9% or below - YOUR account will be credited 30% of your monthly hosting fee (3b.)";

 

Credit shall not be provided to YOU in the event that you have any outage resulting from:

 

- scheduled maintenance as posted from time to time at Elnara UAB,

- your behavior or the performance or failure of your equipment, facilities or applications,

- circumstances beyond Elnara UAB's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,

- YOU breaking any agreement policy in Elnara UAB's 'Terms & Conditions and AUP' causing a machine to fail as a result.";

 

TECHNICAL SUPPORT BOUNDARIES

Elnara UAB provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel/WHM/SolusVM control panel interface, servers within our immediate responsibility and any other hosting related issues.

Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is Elnara UAB obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.";

The customers who purchased the paid managed support have a support priority in queue and extra features such as: we can install/configure any allowed software upon request, troubleshoot mostly any issue, update OS/software , improve vps/dedicated server security, reinstall OS etc…

 

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice

 

Indemnification

Customer agrees to indemnify and hold harmless Elnara UAB, Elnara UAB'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.

 

YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Elnara UAB AGAINST LIABILITIES ARISING OF:

 

 (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Elnara UAB'S SERVER.

(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY

(3) COPYRIGHT INFRINGEMENT AND

(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER USING Elnara UAB'S SERVERS/SERVICES.";

 

Disclaimer of Warranties

Elnara UAB does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Elnara UAB disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. 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 any 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.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Elnara UAB and any of its employees, agents or affiliates, under any theory of the 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 the three months service.

 

Suspension of Services/Termination

Customer agrees that Elnara UAB may suspend services to Customer without notice and without liability if: (i) Elnara UAB reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Elnara UAB reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Elnara UAB reasonable reinstatement fee if service is Elnara UAB following a suspension of service under this subsection.

 

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 Elnara UAB 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 Agreement may be terminated by Elnara UAB prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Elnara UAB describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. 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.

 

If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

 

Request For Customer Information

Customer agrees that Elnara UAB 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 Elnara UAB 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.

 

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by Elnara UAB not with standing any agreement by Elnara UAB to provide back up services.

 

Changes To Elnara UAB's Network

Upgrades and other changes in Elnara UAB'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. Elnara UAB reserves the right to change its network in its commercially reasonable discretion, and Elnara UAB shall not be liable for any resulting harm to Customer.

 

Notices

Notices to Elnara UAB under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. 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 Majored

Elnara UAB shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Elnara UAB'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 labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Elnara UAB is not responsible for any nature/technical disaster or military/political actions that can cause of a service interruption or/and even data lose . [VPS/Shared servers nodes hardware failures that can cause RAID controller fail and even dataloss (use our backup service or make manual backups time to time)]

 

Governing/Law Disputes

The Agreement shall be governed by the laws of the State of Virginia, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

 

Miscellaneous

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 Elnara UAB 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 Elnara UAB's prior written consent. Elnara UAB's approval for assignment is contingent on the assignee meeting Elnara UAB's credit approval criteria. Elnara UAB 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 replace any prior understanding or communication, written or oral.

 

Copyright Files

All files stored on Elnara UAB's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

 

CANCELATION OF SERVICE

"Elnara UAB reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Elnara UAB if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU.

 

PROMOTIONAL RATES & SPECIAL OFFERS

Elnara UAB may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

 

We have various special promotions. Our promotions are not refundable and are not covered by our 30-day money back guarantee.

 

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through Elnara UAB's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Elnara UAB or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Elnara UAB network. If YOU use a domain name in connection with Elnara UAB or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

NETWORK SECURITY

Customers may not use the Elnara UAB network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Elnara UAB will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability."

 

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:"

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

 

STATIC & DYNAMIC CONTENT CACHING

YOU expressly (i) grant to Elnara UAB a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Elnara UAB under this Agreement and(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

 

IP ADDRESS OWNERSHIP

Elnara UAB shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Elnara UAB. Elnara UAB reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

 

DOMAIN NAME REGISTRATION

YOU agree to pay Elnara UAB prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Elnara UAB price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Elnara UAB reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Elnara UAB to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Elnara UAB) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Elnara UAB as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Elnara UAB will reinstate YOUR domain name registration solely at Elnara UAB's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

 

Transfer domain registrar to Elnara UAB

YOU agree to pay Elnara UAB prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Elnara UAB price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundale, for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact

- Domain name in Registrar Lock Status

- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer";

 

Elnara UAB reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Elnara UAB to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Elnara UAB) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Elnara UAB as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Elnara UAB will reinstate YOUR domain name registration solely at Elnara UAB discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

 

Transfer domain away from Elnara UAB

Elnara UAB reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

- No response from the Registered Name Holder or Administrative Contact

- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

 

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Elnara UAB will not be held liable for the failure of a domain name transfer for any reason.

Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.

 

LAWFUL PURPOSE

Elnara UAB reserves the right to refuse service to anyone. YOU may only use Elnara UAB server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of Elnara UAB management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Elnara UAB may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Europe, Lithuania,Netherlands and any dispute will be litigated or arbitrated in Europe, Lithuania,Netherlands. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL Elnara UAB'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

 

PRIVACY STATEMENT

Elnara UAB follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Your privacy is very important to us, below explains the information we collect from you, what we do with that information and our information security policy.

 

Your Information

When you sign up for any of our services we will ask you to provide contact information for your convenience as well as legal reasons. This will include name, home address, e-mail addresses and payment details (credit or debit card and PayPal). If you need support our staff may need to know information to solve the problem such as operating system, browser software and editing software. When you visit this website we do record certain information using Google Analytics such as your location, browser version, ip address, screen resolution, operating system and flash support. This is so we can continue to provide the most convenient web site for all our visitors. Our website is protected by a Secure Sockets Layer (SSL) and verified by Equifax. This helps prevent eavesdropping on our website, just look for the padlock.

How Your Information Is Used

We will use your personal identifiable information in the following ways.

- For payment purposes and to provide convenient and targeted support.

- To contact you and announce special offers, general announcements and news. Please note you can opt out of receiving these emails at anytime by following the instructions at the bottom of the e-mail.

- To improve our service and the marketing of our service. This could include using your demographic location to improve targeting of our website and customise your visit.

We will <strong>NEVER</strong> provide your personally identifiable information to any persons other than A law enforcement or regulatory agency at their request, third parties who provide services on our behalf such as payment processing, only if they agree not to miss use this information.

 

We do not under any circumstances apart from the above give away or sell your information to any third parties.

Your personal information is safe with us, your information is safely encrypted using SSL. Our service is not available to anyone under the age of 13, never will we intentionally maintain information about anyone under the age of 13.

 

Cookies

A cookie is a small text file that is stored on a users computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time much like the cookie used for our affiliate program. You can remove persistent cookies by following directions provided in your Internet browsers &#39;help&#39; file. We set a persistent cookie to store your passwords, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but you will be asked to enter your username and password again every time you closed your browser or your session has timed out.

 

Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users movements around the site and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to personally identifiable information. IP addresses are tied to personally identifiable information to prevent and block abusers to keep using our services such as members who violates our terms of service. We use a third-party tracking service that uses cookies and log files to track non-personally identifiable information about visitors to our site in the aggregate of usage and volume statistics to determine how our users navigate through our website and to know how many users are using our services demographically. We use the information you provide about yourself or others to complete the transaction for which it is intended. This may include administering a service such as registration, email, forum, etc., or contacting you if you have indicated your permission to do so by agreeing to accept further notification and service announcement from us on your member profile page. You can choose to opt-out from receiving any further notification from your member profile page. We do not share this information with outside parties.

 

 

Communications From The Site

When we receive email, we use return email addresses to reply with the information requested. Such addresses are not used for any other purpose and are not shared with outside parties. When supplying contact information to Elnara UAB you can indicate your preference if you would like to be contacted to receive information and updates about our services by logging in to your Elnara UAB account, going to your member profile page and choose not to receive any further notification emails from us or other information pertaining to Elnara UAB. Information you submit to us will not be used for this purpose unless you indicate this as your preference. When supplying contact information to Elnara UAB you can indicate your preference on your members profile page to participate in the Elnara UAB newsletter. You will receive a confirmation email from us when placing an order on our site and paying through PayPal.

 

Newsletter

We provide you the opportunity to opt-in and opt-out of our newsletter at any time. Our newsletter is sent every month so it will certainly contain allot of useful information and any offers we may have. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them at any time.

 

Information Sharing and Disclosure

We collect information from our website visitors using <a href='http://www.google.com/analytics/' target='_blank'>Google Analytics</a>. We use this information to better design our Web site and services. This information is never shared with any third party. We do not link aggregate user data with personally identifiable information.

 

Personally Identifiable Information

Elnara UAB does not share, sell, rent, or trade personally identifiable information with third parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described within this privacy policy without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

 

How You Can Access /Correct Your Information

You can access all your personally identifiable information that we collect by logging into your password-protected Elnara UAB account and selecting to update your &#39;My Details&#39; We use this procedure to better safeguard your information. You can also correct factual errors in your personally identifiable information by sending us a request that credibly shows error. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

 

Specific Terms and Conditions

Elnara UAB considers email transmitted via our service to be the private correspondence between the sender and recipient. We will not monitor, edit or disclose the contents of a user`s private communications, except as required by law, to comply with legal process, if necessary to enforce the Service Agreement, to respond to claims that such contents violate the rights of third-parties, or to protect the rights or property of Elnara UAB. By using the service you agree that technical processing of email communications is and may be required to send and receive messages, to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements. By using the service you acknowledge and agree that Elnara UAB do not endorse the content of any user communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

 

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.

 

Security

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however we have taken every step possible to make your information safe. This website is protected by Secure Sockets Layer (SSL) to protect your information. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

Links To Other Sites

This Web site  MAY contains links to other sites that are not owned or controlled by Elnara UAB. Please be aware that we, Elnara UAB are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

 

Changes To This Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. For more information please do not hesitate to send your questions via our <a href='contact.php'>contact form</a>.

 

Acceptable Usage Policy

This AUP governs the use of Elnara UAB’s web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Elnara UAB regarding the interpretation of this AUP, Elnara UAB's interpretation, in its reasonable commercial judgment, shall govern.

 

The following is the entire Acceptable User Policy ('AUP') agreement between Elnara UAB and the personal or corporate account holder. Elnara UAB provides World Wide Web Hosting, web design and script installation. Elnara UAB has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Elnara UAB's general policy is to act as a provider of Internet presence. Elnara UAB reserves the rights to suspend or cancel a customer's access to any or all services provided by Elnara UAB when we decide that the account has been inappropriately used.

 

What is Appropriate Usage?

 

Elnara UAB is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.

Elnara UAB is a shared web hosting service, which means that a number of customers' web sites and other email or storage services are hosted from the same server. Elnara UAB uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers' sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.

 

Disk Space

If you use your services consistently with the <a href='terms-of-service.php'>terms of Service</a> and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.

 

Elnara UAB Customers may not initiate the following (below), if any customer does Elnara UAB may suspend/terminate the account with no refund. Depending on the situation there will/won't be warnings sent.

a) SHARED HOSTING ONLY:Use 75% or more of system CPU resources for longer then 290 seconds or 10% of the servers CPU resources for longer than 90 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) VPS ONLY: Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.

c) SHARED ONLY : Run any type of interactive real-time chat applications that require HUGE server resources. Remotely-hosted services or normal resource usage services are fully allowed.

d) SHARED ONLY: Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.

e) Run any software that interfaces with an IRC (Internet Relay Chat) network.. Exclusions allowed only for private , legal usage

f) Run any file sharing, bit torrent or other P2P network services, client or server software [do not broke the copyright laws!].

 

Bandwidth

In most cases, if you use our services consistently with our  Terms of Service, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You will always be able to use as much bandwidth as your account has. Bandwidth is also reset every month.";

You are allocated a monthly bandwidth allowance. 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.

 

Offensive Content

You may not publish or transmit via Elnara UAB's service any content that Elnara UAB reasonably believes:

a) constitutes child pornography;

b);

c) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

d) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;

e) is defamatory or violates a person's privacy;

f) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;

g) improperly exposes trade secrets or other confidential or proprietary information of another person;

h) is intended to assist others in defeating technical copyright protections;

i) clearly infringes on another person's trade or service mark, patent, or other property right;

j) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

k) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Elnara UAB;

l) is otherwise malicious, fraudulent, or may result in retaliation against Elnara UAB by offended viewers;";

 

Elnara UAB does not accept material/content such as

a)    Proxy, Warez, Escrow, Linking, Nulled Scripts Sites, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.

b)    IRC & IRC related software

c)    Pirated software / Torrents

d)    Hacking sites, programs or archives

e)    Distribution of music files or any other material in which the account holder does not own the copyright.

f)     Any kind of open proxy servers without authorization is not allowed (including any TOR relays/networks, etc. The 'private'  TOR is allowed with auth. and run as a client mode only).

g)    Applications that utilize high I/O , Bitcoint services \sure we can set I/O limit for legitimate applications\

h)    Content 'published or transmitted' via Elnara UAB's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Elnara UAB.

 * Elnara UAB can terminate service for any of the above reasons and it's at Elnara UAB's sole discretion to issue a refund";

Illegal Activity

Any activity on our network that is a violation of any state or federal law is a violation of this policy and will result in immediate termination of service. Prohibited activities include, but are not limited to:

  • Transmitting obscene materials or child pornography

  • Intentionally spreading or threatening to spread computer viruses

  • Gaining or attempting to gain unauthorized access to any network, including VpsGet's private network infrastructure

  • Accessing or attempting to access information not intended for you

  • Transmitting pirated software

  • Conducting or participating in illegal gambling

  • Attempting to intercept any 3rd party data / Fishing.

  • Soliciting for pyramid and other illegal schemes.

  • Any activity that can negatively affects on the  on the need4host.com server nodes performance/security [DDoS attacks; out-of-the-threshold resource usage, etc.]

Need4host.com does not permit any site that contains: (i) images (including on banner ads) of nude models that appear to be under the age of 18 (in ElnaraUAB’s sole judgment), (ii) sexually explicit images (including on banner ads) of models that appear to be under the age of 18 (in ElnaraUAB’s sole judgment); or (iii) sites containing language promoting child pornography together with any sexually explicit or nude images. As required by federal law in the Lithuania, Netherlands / EU , need4host.com will forward all offenders of this policy to the appropriate federal agency.

 

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

 

Bulk Comercial Email

Bulk commercial email, mailing lists and email reflectors are allowed on Elnara UAB's servers(the hourly limits may be set on shared hosting accounts) For any emails sent from your Elnara UAB account you must adhere to the following rules:"

a) Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;b) Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;c) You may not obscure the source of your e-mail in any manner.

d) You otherwise comply with the CAN SPAM Act and other applicable law.

These policies apply to messages sent using your Elnara UAB service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Elnara UAB service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

 

Unsolicited E-Mail

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Elnara UAB's services.

 

Material Protected By Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

a) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.

b) you are otherwise permitted by established United States copyright law to copy the work in that manner

 

Elnara UAB will terminate the service of repeat copyright infringers. Also extra charges allowed to exclude terminations.

 

Other

You must have valid and current information on file with your domain name registrar for any domain hosted on the Elnara UAB network.

 

Disclaimer

Elnara UAB is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Elnara UAB network.

 

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

a) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Elnara UAB and its customers) without express authorization of the owner of the system or network;

b) monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

c) Interference with service to any user, host or network including, without limitation, mail bombing, flooding,DDoSing, deliberate attempts to overload a system and broadcast attacks;

d) Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

e) Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

f) Any conduct that is likely to result in retaliation against the Elnara UAB network.

g) Use of Elnara UAB's network in a way that unreasonably interferes with Elnara UAB's other customers use of the network";

 

 

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