Terms of Service

Date: December 08, 2014

By using Evohost's ("Evohost", "our", "us" or "we") products and services, you ("you", "your", "Client" or "Customer") agree to comply with our policies. Evohost reserves the right to cancel, suspend, or terminate any service provided with or without a refund, notice or warning, for any reason. Evohost also reserves the right to change and modify the Terms of Service at any time with or without Client notification. It is up to the Client to periodically check and familiarize himself or herself with the recent Terms of Service. If any Client does not comply with the new Terms of Service modifications, the offending service will be suspended or terminated.

Acceptable Use Policy

By ordering our services, you agree to adhere to our Acceptable Use Policy. Failure to do so will result in suspension and possibly termination.

Billing & Payment

Upon ordering any services, the Client has the option to choose a billing cycle. Invoices will be generated and delivered to the Client by e-mail 14 days prior to the end of the services current billing cycle. Evohost is not responsible for failure of delivery of the invoice. Clients may choose to opt out of Auto-Renewal on a per-service basis. Doing so will exclude the service from appearing on automatically generated invoices.

All invoices must be paid by the due date. If the Client has 1 or more credit cards on file, our system will automatically attempt to charge the Client's Default Card 4 days prior to the invoice due date. In the event of a failed auto-payment, the Client will be notified by e-mail to update their payment method.

Failure to pay an invoice by the due date will result in an automatic suspension of services listed on the invoice.

Refund & Cancellation

We do not offer refunds in whole or in part for any services offered by Evohost.

Services may be cancelled at any time via the Client Control Panel. You will be given the option of cancelling immediately, or at the end of the current billing cycle.

Billing Disputes & Payment Chargebacks

Placing a chargeback on any payment made to Evohost will result in immediate account suspension. In the event the chargeback was placed mistakenly, we require a onetime account re-activation fee of $20 CAD plus the total amount of the chargeback.

Accounts

We require your real first and last name, as well as accurate information in all other fields, upon registration. We reserve the right to require submission of a government issued ID to allow continued use of our services. Failure to comply in a timely manner may result in account and service suspension or termination.

Each Client may have only one account with Evohost. Permission to create additional accounts must be requested via ticket prior to ordering. All related accounts may be suspended and/or terminated if permission has not been requested before creating a second account.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Uptime Guarantee

Evohost guarantees 99.95% service uptime on all web hosting plans (http, ftp, pop, imap, smtp), virtual servers (network, hardware), and dedicated servers (network, hardware). Should we fail to deliver this for any given calendar month, you may request a pro-rated credit for the duration of excessive downtime.

Evohost reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Backups

Some of the services offered by Evohost advertise an automated, free, data backup service. This service is provided as a courtesy to our Clients, and is provided on a best effort basis. To request a restore from backup, or a downloadable compressed archive, please submit a ticket.

Evohost strongly recommends Clients take their own backups of their data periodically either to their personal computers, or remote storage servers. Clients are responsible for their own data. Evohost will not be held responsible for data loss or corruption.

Limitation of Liability

Evohost shall not be held responsible for any claimed damages, including incidental and consequential damages, which may arise from Evohost's servers going off-line or being unavailable for any reason whatsoever. Furthermore, Evohost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of Evohost's servers.

Disclaimer

Evohost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a Client would have gained if their site was functioning. Certain services provided by Evohost are resold. Thus, certain equipment, routing, software and programming used by Evohost are not directly owned or written by Evohost Moreover, Evohost holds no responsibility for the use of our Client's accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Evohost sees fit.