Hosting Terms of Service

Last Updated: July 23, 2018

Overview

This website is operated by Ellington Marketing, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ellington Marketing, LLC. Ellington Marketing, LLC provides you with website graphics, designs, online coding, software, and administrative tools (the "Website Tools") and grants you a non-exclusive, non-transferable right to access and use the supplied Website Tools on a monthly basis, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including, that all fees are paid in full and your account is in good standing.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.


In addition to the Terms of Service, the Agreement also includes the following policies:


1. Acceptable Use Policy

2. Privacy Policy


Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, including its Acceptable Use Policy, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, products, or tools which are added to the current services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Who Can Use Our Services?

By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years or older to use this site.


If you are utilizing our services to assist someone else, you agree that you have their consent to use our services for them.


You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.


You must ensure that the information you provide about yourself is correct and kept current.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Financial Agreements

You agree to a thirty (30) day contract minimum beginning after commencement of service. The exact length of the contract is decided at the time of signup.


At the end of the contract term, the contract will renew automatically for the original contract length for an indefinite period of time until canceled in writing or using the web panel. A canceled account will be canceled before the next payment is due and no further billing will occur. No payment will be refunded for canceled services, even for unused portions. If any non-refundable charges have been made, these charges must be paid before the account can be cancelled.


All fees associated with the setup of your site or service will be charged to your supplied credit card or payment method at the time that the order is placed. All monthly fees will be charged to your credit card at the time your site or service is live and ready for your use. All payments previously made or due based on the terms of this agreement are neither cancelable nor refundable.


All payments and fees are due one month in advance of the Service that is to be rendered during the upcoming month. You are responsible for all monthly fees due, whether or not your website is actively utilized.


Chargebacks or disputed charges associated with our Service may, at our discretion, result in an immediate termination of your Services without refund.


You agree that dedicated server payments are nonrefundable. 


For unmanaged servers not utilizing a monitoring option provided by Ellington Marketing, LLC, you are responsible for keeping the security of your system current, which includes, but is not limited to:

1. Patching the kernel within 7 days of any announced security hole relating to the kernel

2. Patching all installed software within 7 days of a general announcement to the security community.


Ellington Marketing, LLC, is not responsible for notifying you of the need to apply patches. We may take any steps it deems necessary at any time to protect the security of our servers and infrastructure.


A breach or violation of the Terms, Acceptable Use Policy, or Spam Policy will, at our discretion, result in an immediate termination of your Services without refund.


You agree that all charges and fees associated with your account are your sole responsibility.

Modifications to the Service and Prices

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Our Content

Ellington Marketing and its licensors own all right, title, and interest in and to all website designs, website content, website layouts, graphics, images, media, code, software, and trademarks included in or underlying the Services and, except as expressly provided herein, nothing in this Agreement or otherwise shall be deemed to grant to you, directly or by implication, estoppel or otherwise, any right or license with respect thereto.


Licenses purchased by Ellington Marketing are non-transferable. You acknowledge that your site may not work correctly with other hosting providers, and that Ellington Marketing has no obligation to assist with transferring your website to another provider.


This content may not be modified, copied, distributed, decompiled, reverse engineered, reproduced, disassembled, or displayed by you in any manner. Additionally, if you find an unwanted use of our Content not outlined above, you do not have any right to the Content and Ellington Marketing, LLC and/or our licensors would keep the rights to our Content and how it is used.


A breach or violation of the Content outlined above will result in an immediate termination of your Services.

User Content

Ellington Marketing, LLC will exercise no control over the content of the information that goes through our network as long as it adheres to all of the conditions outlined in our Terms of Service and Acceptable Use Policy.


By utilizing our Service, you represent and warrant to us that you own all the rights to the information, text, photographs, videos, and other content (User Content) you distribute and that you are not infringing or violating the rights of any third party. Additionally, you are responsible for any transactions or other activities that take place on your website(s) that we host. Ellington Marketing, LLC, is not liable for any taxes or other fees to be paid relating to purchases made from your website(s). You agree to take full responsibility for all taxes and fees associated with the products sold through your website(s).


In order to host this User Content, the submitter is the owner, and Ellington Marketing is a distributor. By submitting User Content to your website, you grant Ellington Marketing, as the host of your website, a limited license to use, host, and distribute the User Content (including the distribution of your User Content on a co-branded basis with a third party service provider).


We reserve the right to police our network to verify compliance with the Terms and you agree to cooperate with any reasonable investigations to determine adherence to the agreed upon Terms.


We reserve the right to terminate your use of the Service or any related website for violating any of the conditions regarding User Content outlined above.

Domain Names

Ellington Marketing works with third party domain name vendors who are ICANN accredited registrars, to provide you with domain name registration services.


If you choose to utilize Ellington Marketing to register a domain name in connection with any service or product provided to you, you agree to be listed as the registrant of that domain name. You authorize Ellington Marketing to list itself as the contact in connection with your domain name(s) registered by Ellington Marketing. Upon termination of any Ellington Marketing Service, Ellington Marketing may immediately cease acting in those capacities, and will not be responsible for forwarding any correspondence to you or for taking any other actions in connection with your domain name(s).


Should your account or Service become suspended by Ellington Marketing for nonpayment or any other reason, Ellington Marketing is not responsible for renewing any domain names that may become due for renewal during the suspension of your account or Service. You agree that you are solely responsible for all ongoing fees, you are responsible for removing Ellington Marketing as the billing, technical, and administrative contact, and you are responsible for making any necessary domain name server changes.


You agree that at no time during or after the term of this Terms of Service will Ellington Marketing, or any of its licensors or services providers, be held responsible for any liability in connection with the loss or interruption of service or your right to use or own any domain name.


Ellington Marketing offers domain registration as a convenience to you, but makes no guarantees that its efforts to register or renew domain names on your behalf or maintain your continued claim or right to user any domain name will be error free or without interruption.


You agree that it is your sole responsibility to monitor and verify your continued claim or right to use any domain name, and that all fees due to the third party domain name vendor are paid in full either by you or by Ellington Marketing.


You agree that in no event, including negligence or otherwise on the part of Ellington Marketing, will the liability of Ellington Marketing, or any of its licensors or service providers, for any damages, losses, and causes of actions relating to or in connection with any domain name registered on your behalf, whether in contract or tort, exceed the actual dollar amount paid by you or by Ellington Marketing to the third party domain name vendor for the internet domain name during the previous billing period.

Accuracy of Billing and Account Information 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Backups

We are not liable for maintaining or restoring your data. You agree that you are responsible for maintaining your own backups with respect to your website(s). 

Email Newsletter

You agree to be included in Ellington Marketing's newsletter and for Ellington Marketing to send you emails regarding your account to the email address on record. Ellington Marketing may send notices about changes to your account, new services, or other updates, and will include an opt-out link at the bottom of the email should you choose not to continue to receive email correspondence for marketing purposes.

Personal Information

Your submission of personal information is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall Ellington Marketing, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Ellington Marketing, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Guilford County, North Carolina, United States.

Assignment

This agreement is binding and non-assignable without the express written agreement of Ellington Marketing

Cancellation

You may cancel this End User Website Agreement at least 10 business days prior to the end of the term by providing a written cancellation notice via mail, email, or through the Ellington Marketing billing panel. Cancellation can only be completed by the primary person of contact on the associated account. Any fees paid or due will be be refunded.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us at contact@ellingtonmarketing.com.

© 2011 - 2018 Ellington Marketing, LLC. All rights Reserved