You must thoroughly review and agree to all terms in this document before using our services. By continuing to use ElySpace services, you automatically accept the terms of this agreement!
The agreement below forms a legal contract between ElySpace and all its clients. If you utilize any service provided by or affiliated with ElySpace, you are legally bound by this agreement. Carefully read it before signing up and ensure you understand and agree to all components. Using our services implies acceptance of this contract!
This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as beneficiary and ElySpace IT Services LLP. (hereinafter referred to as “us”, “our”, “ElySpace” or “provider”) as a provider of hosting services (shared hosting, virtual servers or dedicated servers). The subject of this contract is the use of our services.
This Agreement, whose provisions and clauses have been established under mutual consent and in compliance with the law, serves as the legal foundation for all services provided by ElySpace.
Any inquiries regarding this agreement should be directed to ElySpace’s sales department prior to signing up for service.
THIS AGREEMENT (“Agreement”) is made effective as of the date of acceptance, by and between you (“Client”) and ElySpace.
WHEREAS, ElySpace owns, distributes, and provides various products and services for conducting business on the Internet, including shared, reseller, and dedicated web hosting, cPanel licensing, and the ElySpace family of services (collectively referred to as the “Services”).
WHEREAS, Client desires to utilize some or all of the Services to develop, enhance, or maintain their online presence and/or business.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties agree as follows:
ElySpace agrees to provide the Services selected by the Client as specified in ElySpace’s customer database at www.ElySpace.com.
2.1 In consideration of the Services, Client shall pay ElySpace in advance the amount specified in ElySpace’s customer database, which may be updated periodically during the term of this Agreement.
2.2 Client is responsible for all activities and charges resulting from their use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred and detailed in the monthly billing statement. In the event of a security breach, Client remains liable for unauthorized use until they notify ElySpace via email with account details to [email protected].
2.3 Current rates for the Services can be found on our website at www.ElySpace.com. ElySpace reserves the right to modify fees, introduce new charges, or offer special trial offers, which will be reflected in the confirmation letter sent upon sign-up. Failure to pay the full Service account balance may result in immediate suspension and/or termination without further notice.
2.4 All hosting services renew automatically. Clients may opt out of automatic renewals by contacting our Billing department at [email protected].
3.1 Means of Performance. ElySpace shall provide the hosting services described at www.ElySpace.com. ElySpace retains control over the means, manner, and method of performance. Server locations for Web Hosting, WordPress Hosting, and Reseller Hosting include San Francisco, New York, London, Singapore, and Bucharest. VPS Hosting server locations are: San Francisco, New York, Toronto, London, Amsterdam, Bucharest, Bangalore, and Singapore. ElySpace may adjust default locations as needed.
3.2 Support. ElySpace shall provide reasonable technical support via email or LiveChat for the duration of this Agreement.
3.3 Uptime Guarantee. “Uptime” refers to the availability of Services, measured solely by ElySpace’s internal monitoring systems. Third-party uptime monitoring systems will not be accepted as evidence for compensation. “Downtime” refers to the unavailability of Services, also measured solely by ElySpace’s internal systems. ElySpace guarantees an annual networking and service connectivity uptime of 99.99%. If this guarantee is not met, compensation will be provided as follows:
Compensation applies only to ElySpace hosting services and excludes domain name registration, software licenses (WHMCS, LiteSpeed, cPanel, etc.), setup fees, automated backups, SSL Certificates, labor charges, and unrelated services. Compensation is capped at the length of the current billing cycle but cannot exceed twelve months for affected hosting services.
To claim compensation, submit a request via a ticket to our Billing department within ten (10) business days after the downtime incident. Include dates, times, and server details. If confirmed, compensation will be applied within thirty (30) days.
Downtime caused by the following does not obligate ElySpace to provide compensation:
3.4 Other Work. ElySpace may perform services for others during the term of this Agreement. ElySpace may monitor electronic communications and disclose content or records to comply with laws, regulations, or operational needs. ElySpace reserves the right to block sites containing unacceptable or undesirable content.
4.1 Client. Client represents and warrants that they are at least eighteen (18) years old, possess the legal capacity to enter into this Agreement, and that their use of the Services will comply with applicable laws and not interfere unreasonably with other clients’ use. Client assumes all risks related to electronic commerce transactions. They agree to provide accurate, complete, and updated registration data and notify ElySpace of changes within thirty (30) days.
4.2 Breach of Warranties. In the event of a breach, ElySpace may, at its discretion, suspend or terminate Services immediately.
4.3 Fees and Expenses. Client is responsible for third-party costs, such as domain registration fees, governed by separate agreements.
4.4 Third-Party Software. Third-party software accessed through the Services may have separate end-user licenses. By using such software, Client agrees to abide by those licenses. ElySpace may delegate authorizations to third-party service providers as necessary.
4.5 Advertising, Solicitation, and Client Name Harvesting. Unsolicited advertising or solicitation is prohibited unless express permission is obtained. Collecting usernames without prior permission is also prohibited. ElySpace reserves the right to block mass email solicitations.
4.6 Management of Site. Client is solely responsible for all site content and must comply with this Agreement, ElySpace’s Terms of Service, and applicable guidelines. Sites must not infringe on third-party rights or violate laws. ElySpace reserves the right to block or terminate sites that violate these terms.
4.7 Compliance Laws. Client agrees to use the Services lawfully and in accordance with applicable laws and ElySpace’s policies.
4.8 Proprietary Rights. Unless otherwise stated, all work performed by ElySpace is its property. Any rights not automatically vested in ElySpace are irrevocably assigned to it. ElySpace may obtain and hold copyrights, trademarks, or other protections.
5.1 Limitation. Limited guarantees are void if Client breaches this Agreement or violates ElySpace’s policies.
5.2 Backups. ElySpace performs nightly backups for administrative purposes only. Clients are responsible for their own backups. ElySpace is not liable for lost or incomplete data, even if due to negligence. Always back up your site locally!
5.3 No Other Warranty. Services are provided “as is.” ElySpace disclaims all warranties, including merchantability, fitness for a particular purpose, non-infringement, and title. Services may not be uninterrupted, error-free, or completely secure.
5.4 Disclaimer of Actions Caused by Third Parties. ElySpace is not liable for issues caused by third-party internet services. Such events are beyond ElySpace’s control.
Client agrees to indemnify, defend, and hold harmless ElySpace and its affiliates, agents, employees, and licensors from claims arising from Client’s violation of this Agreement, laws, or third-party rights.
ElySpace is not liable for damages resulting from the use or inability to use the Services, even if advised of the possibility of such damages. This includes but is not limited to lost profits, goodwill, use, data, or punitive damages.
In no event will ElySpace’s liability exceed $100 (USD), regardless of the form of action.
7.1 Without Cause. Either party may terminate this Agreement during a Renewal Term with five (5) days’ prior email notice. Outstanding payments remain due.
7.2 For Cause. ElySpace may terminate or suspend Services for payment defaults or policy violations. Client may terminate for material breaches by ElySpace. Termination for cause requires immediate payment of the remaining term.
7.3 No Liability for Termination. Neither party is liable for termination or expiration of Services in accordance with this Agreement.
7.4 Survival. Sections 4, 5, 6, 7, and 8 survive termination or expiration.
7.5 IP Address. Upon termination, Client relinquishes assigned IP addresses. ElySpace reserves the right to change or remove them.
ElySpace treats customers with respect and expects the same in return. Accounts may be suspended for abusive behavior, with ten (10) days’ notice to find a new host.
8.1 Assignment. Client may not assign this Agreement without ElySpace’s written consent. Attempted assignments are void.
8.2 Notices. Notices must be in writing and delivered personally, via overnight carrier, US mail, or confirmed email.
To the address provided at account set-up.
8.3 Governing Law. This Agreement is governed by Delaware law, regardless of residency or business location. Disputes are subject to Delaware courts unless governed by arbitration clauses.
8.4 Modifications. Modifications require written consent from both parties.
8.5 Waiver. Failure to enforce rights does not constitute a waiver.
8.6 Severability. Invalid provisions do not affect the enforceability of remaining provisions.
8.7 Force Majeure. ElySpace is not liable for failures caused by events beyond its control. If such failures persist for fifteen (15) days, the Agreement may be terminated without penalty.
8.8 Independent Contractors. The parties are independent contractors. No agency, partnership, or joint venture is created.
8.9 Terms of Services. Client agrees to ElySpace’s Terms of Service for all used Services and products. Updates must be acknowledged promptly.
8.10 Implied Agreement. Continued use of Services constitutes acceptance of this Agreement and the Terms of Service. Immediate termination is the sole recourse for disagreement.
8.11 Entire Agreement. This Agreement supersedes all prior agreements. Additional terms are invalid unless agreed upon in writing.
8.12 No Party Deemed Drafter. Provisions will not be construed against either party as the drafter.
ElySpace’s current Terms of Service are available at the following link:
Terms Of ServiceElySpace’s current Resource Usage Policy is available at the following link:
Resource Usage PolicyAny questions about this agreement should be sent to ElySpace’s sales department before signing up for service.
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