Terms of Service

These Terms of Service ("Terms") govern access to and use of websites, hosting products, servers, virtual infrastructure, network resources, software-related services, professional services, and support supplied by eLite Server Management ("ESM", "we", "our", or "us"). They apply to Shared Hosting, Reseller Hosting, VPS Hosting, Dedicated Servers, Managed Server Services, cPanel services, migrations, monitoring, security services, backup services, IPv4 leasing, licenses, and other technical or infrastructure services supplied by ESM.

By ordering, activating, accessing, renewing, or using an ESM service, you agree to these Terms together with our Privacy Policy, Refund Policy, Security Policy, Cookie Policy, Acceptable Use & Abuse Policy, product descriptions, invoices, order forms, statements of work, and any service-specific written terms.

1. Definitions

For these Terms, "Customer" means the person or organization ordering or using a service; "Service" means any hosting, infrastructure, support, licensing, network, migration, security, backup, IPv4, or professional service supplied by ESM; "Client Area" means ESM's authenticated billing/support portal; "Content" means data, websites, software, files, email, databases, applications, or other material stored or transmitted by a Customer; and "Third-Party Service" means any product, network, data center, carrier, registrar, payment processor, software vendor, or platform not operated solely by ESM.

2. Eligibility, Account Information & Account Security

You must be legally capable of entering into a binding service agreement and must provide current, accurate, and complete contact, billing, business, and verification information. ESM may reject fictitious, incomplete, misleading, disposable, or unverifiable information where reasonably necessary to reduce fraud or abuse.

You are responsible for safeguarding account passwords, control-panel access, SSH/RDP credentials, IPMI/KVM credentials, API keys, support tickets, email accounts, two-factor authentication devices, and any delegated access. Activity by employees, contractors, clients, resellers, end users, or other persons using your account or credentials is treated as activity under your account.

3. Orders, Fraud Review & Verification

Orders are subject to acceptance, availability, payment verification, fraud screening, technical feasibility, hardware or IP availability, upstream restrictions, and compliance review. ESM may request identity, company, payment, phone, intended-use, or IP-justification information before or after provisioning.

ESM may decline, delay, cancel, or manually review an order when reasonably necessary to address suspected fraud, sanctions/compliance requirements, chargeback risk, abuse risk, resource shortages, inaccurate order information, or technical constraints.

4. Provisioning, Activation & Service Delivery

Provisioning times displayed on product pages are estimates unless a written order or service-level commitment states otherwise. Custom servers, hardware upgrades, software licenses, IPv4 allocations, migration projects, security work, and special configurations may require additional time.

Provisioning is considered to have begun when ESM reserves or assigns resources, initiates installation or deployment, licenses software, assigns network resources, begins migration planning, or performs technical work for the order.

5. Billing, Renewal & Billing Cycles

Services are billed in advance unless expressly agreed otherwise. Recurring services renew according to the selected billing cycle until cancelled through an authorized method. Customers are responsible for reviewing invoices and maintaining a valid payment method where automatic billing is enabled.

ESM may change future renewal pricing because of supplier pricing, licensing costs, IP-market conditions, hardware costs, currency changes, taxation, or service changes. Where reasonably practicable, material pricing changes will be communicated before the affected renewal.

6. Taxes, Setup Fees, Licenses & Other Charges

Customers are responsible for applicable taxes, duties, payment-processing charges where lawfully passed through, setup fees, provisioning fees, software licenses, remote hands, hardware upgrades, additional bandwidth, additional IP resources, custom engineering, and other approved order-specific charges.

Third-party license pricing and availability may change without notice when imposed by the relevant vendor.

7. Failed Payments, Late Accounts & Reinstatement

Failed or overdue payments may result in reminders, suspension, routing restrictions, license suspension, or termination. ESM is not responsible for downtime, data loss, mail disruption, or other consequences resulting from non-payment.

Reactivation after suspension may require payment of all outstanding balances and, where applicable, a reinstatement or reprovisioning charge. Data retention during suspension is not guaranteed beyond any period expressly stated for the service.

8. Cancellation

Cancellation requests must be submitted through the Client Area or another written channel accepted by ESM and should be submitted before the next renewal date. Where a service requires advance cancellation notice, that requirement will be shown in the product terms, invoice, order form, or Client Area.

Cancellation stops future renewal when processed correctly; it does not automatically create refund eligibility. Customers must export required files, databases, mail, backups, licenses, configurations, keys, DNS information, and other data before termination.

9. Refund Eligibility

Refund eligibility depends on the service. Eligible new Shared Hosting and Reseller Hosting plans may qualify for a 30-Day Money-Back Guarantee. VPS, Dedicated Servers, and IPv4 services are strictly non-refundable once provisioned, allocated, routed, reserved, or otherwise committed.

Professional work, setup/provisioning charges, software licenses, custom infrastructure, remote hands, migration, security work, and other non-returnable services are subject to the detailed exclusions in our Refund Policy.

10. Shared & Reseller Hosting

Shared and Reseller Hosting customers must comply with resource limits, fair-use rules, mail policies, file-count limits, backup practices, and other restrictions displayed for the selected plan. "Unlimited" features, where offered, are subject to reasonable and normal hosting use and do not authorize storage, bandwidth, CPU, database, mail, or account usage that materially affects platform stability or other customers.

The 30-day guarantee applies only where expressly shown for the eligible initial order and remains subject to the Refund Policy.

11. VPS Hosting

VPS services provide allocated virtual resources but may share underlying physical infrastructure. Unless a Managed VPS service is purchased, customers are responsible for operating-system administration, patching, applications, firewall policy, user accounts, backups, and security.

12. Dedicated Servers & Custom Hardware

Dedicated Servers may involve reserved physical hardware, data-center capacity, remote hands, licenses, IP resources, storage devices, and custom configuration. Hardware specifications may be substituted with equivalent or better components when a specific model is unavailable, provided the core ordered capability is maintained, unless a written order requires an exact model.

13. IPv4 Leasing, Routing & Reputation

IPv4 resources are licensed or leased for approved use and remain subject to availability, routing feasibility, justification requirements, upstream policy, RIR obligations where applicable, and ESM's abuse requirements. Customers do not acquire ownership of leased addresses.

Once an address or subnet is reserved, delivered, routed, announced, or assigned, the IPv4 service is non-refundable. No refund, exchange, credit, or replacement is due solely because of blacklist/blocklist status, third-party reputation scores, geolocation records, mailbox-provider filtering, deliverability outcomes, SMTP restrictions, or reputation changes occurring after delivery.

Customers may not sell, permanently transfer, hijack, spoof, misrepresent, or announce ESM-provided address space without written authorization. Spam, snowshoe mailing, phishing, malware, botnets, blacklist evasion, or repeated reputation abuse may result in null-routing, withdrawal, suspension, or termination.

14. Managed Services

Managed services are limited to the scope of the purchased plan, supported operating systems/control panels, and written service description. Management does not mean unlimited engineering, unlimited changes, application development, website design, proprietary software debugging, third-party plugin development, large project work, or responsibility for unsupported applications unless expressly included.

ESM may recommend a separate project, higher service tier, migration service, security service, or custom quote when a request falls outside recurring management scope.

15. Support Boundaries & Customer Cooperation

Support response objectives are not guaranteed resolution times unless a signed SLA states otherwise. Resolution may depend on customer responses, vendor support, DNS propagation, data-center action, software developers, hardware replacement, or third-party providers.

Customers must provide accurate technical information, timely access, current credentials, required approvals, and reasonable cooperation. ESM is not responsible for delay caused by missing access, incorrect information, unsupported software, customer-side changes, or third-party restrictions.

16. Acceptable Use & Abuse

Customers must comply with the Acceptable Use & Abuse Policy. Prohibited activity includes unlawful content or activity, spam, phishing, malware, botnets, credential theft, fraud, unauthorized scanning or access, DDoS attacks, network attacks, IP reputation abuse, copyright infringement, and activity that creates material risk to ESM, its suppliers, other customers, or third parties.

Protective action may be taken without advance notice when necessary to contain active harm.

17. Security & Shared Responsibility

Security is a shared responsibility. ESM protects infrastructure and managed components under its control; customers remain responsible for their applications, code, credentials, user permissions, data, software, and unmanaged systems unless a purchased service states otherwise.

No system can be guaranteed completely secure or immune from attack. Customers should review the Security Policy and maintain appropriate backups, access controls, software updates, and incident-response procedures.

18. Data, Backups, Restoration & Retention

Customers are responsible for maintaining independent backups unless a specific backup service is purchased and confirmed. Even when ESM provides backups, backups are intended as an additional recovery measure rather than the customer's sole copy of business-critical data.

Backup retention, frequency, scope, and restore assistance depend on the purchased service. ESM does not guarantee recovery after data deletion, corruption, compromise, customer error, cancellation, suspension, supplier failure, or expiration of the retention period.

19. Network, DDoS, Routing & Maintenance

Network and DDoS protections reduce risk but do not guarantee uninterrupted connectivity or mitigation of every attack. ESM or its providers may filter, rate-limit, blackhole, null-route, reroute, isolate, or temporarily restrict traffic to protect infrastructure.

Scheduled or emergency maintenance may affect availability. When practical, planned maintenance will be communicated through appropriate channels.

20. Domains, Licenses & Third-Party Services

Domain registrations, renewals, transfers, SSL products, control panels, security products, backup software, and other third-party services are governed in part by the relevant vendor's rules. Registrations, renewals, transfers, and licenses are generally non-refundable once processed or issued.

ESM does not control third-party uptime, software bugs, licensing continuity, registry decisions, mail-provider filtering, search-engine treatment, carrier routing, or external service policies.

21. Suspension, Restriction & Termination

ESM may suspend, restrict, null-route, disable, or terminate services for non-payment, fraud, legal requests, policy violations, security threats, network harm, repeated abuse complaints, sanctions/compliance concerns, or material misuse. Severe incidents may require immediate action without notice.

Suspension or termination does not erase outstanding charges or create refund rights for non-refundable services.

22. Service Disclaimer & Warranties

Services are provided on an "as available" basis to the maximum extent permitted by law. Except for written warranties or service commitments expressly provided by ESM, we disclaim implied warranties of merchantability, fitness for a particular purpose, uninterrupted availability, error-free operation, or suitability for a particular third-party application.

23. Limitation of Liability

To the maximum extent permitted by law, ESM is not liable for indirect, incidental, special, exemplary, punitive, or consequential loss, including lost profits, revenue, data, goodwill, reputation, business opportunity, mail delivery, search ranking, blacklist events, or business interruption.

Unless a signed agreement states otherwise, ESM's aggregate liability relating to an affected service will not exceed the amount actually paid to ESM for that affected service during the three months immediately preceding the event giving rise to the claim.

24. Indemnification

To the extent permitted by law, Customers agree to indemnify and hold harmless ESM, its personnel, contractors, and suppliers from third-party claims, losses, penalties, costs, or liabilities arising from Customer Content, Customer users, unlawful activity, misuse of services, violation of these Terms, or infringement caused by Customer-controlled material.

25. Force Majeure

ESM is not responsible for delay or failure caused by events beyond reasonable control, including major carrier failures, data-center emergencies, utility failures, natural disasters, fire, war, civil disorder, governmental action, widespread Internet incidents, upstream outages, labor disruption, or comparable events.

26. Changes to Services, Pricing & Terms

ESM may update service features, suppliers, pricing, policies, or these Terms as technology, law, supplier requirements, operating costs, security risks, or business operations change. The current public version applies from its stated effective date unless a separate signed agreement provides otherwise.

27. Governing Law & Mandatory Rights

These Terms are governed by the law applicable to the contracting entity and service relationship identified by the relevant invoice, order, or written agreement, subject to any mandatory rights that cannot legally be excluded or waived.

28. Contact & Policy Questions

Questions about these Terms, service scope, billing, cancellation, IPv4 use, or policy requirements may be submitted through our Contact page, Support Center, or authenticated Client Area.