Elyoncloud Cloud

terms of use

Terms of Use

Elyoncloud strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Elyoncloud members and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement

Full payment is required before any service is rendered, which includes hosting fees, domain names, renewals, and design services. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, one year) following the date the account was established. Billing will continue until you cancel your membership. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. We do not provide refunds for prepaid services for any reason, even if a portion of the service is unused or services are terminated early. If cancellation is done by Elyoncloud due to restrictions violation, there will be no refund. Elyoncloud will only allow for the discount if cancellation is not the fault of the client, as determined by Elyoncloud. All monetary transactions are in $CAD dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Elyoncloud reserves the right to change prices at any time.

Account Cancellation

You may cancel at anytime for hosting services after one six month anniversary. To cancel your account, please contact Customer Service at billing@elyoncloud.net. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client’s responsibility to secure email confirmation from Elyoncloud that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

Indemnification Policy

You agree to use all Elyoncloud services and facilities at your own risk. Elyoncloud specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Elyoncloud be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Elyoncloud harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Elyoncloud, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Elyoncloud against liabilities arising out of:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Elyoncloud’s server;
  2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement and
  4. any defective products sold to customer from Elyoncloud’s servers.

Elyoncloud shall be the sole judge of what violates this Policy.

Elyoncloud reserves the right to monitor any and all communications through or with our facilities. You agree that Elyoncloud is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

Archival of Records and Correspondence

All records and correspondence Elyoncloud and your organization is carefully archived for the purpose of collaboration, reference, and confirmation. This includes written correspondence, such as e-mail and all messages sent through your client dashboard. Upon signing up for service, you are consenting to this policy and authorize Elyoncloud and its representatives to record and maintain your correspondence and records during the course of your service and up to ten (10) years after cancellation of all services. Nextopro may at its discretion choose to discard any records at any time after the cancellation of the services related to those records.

SPAM Policy

Elyoncloud is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Elyoncloud network, by customers or any other users of the Elyoncloud network (including customers’ customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Nextopro server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. “spam”), cross-posting messages to a large number of groups, posting obscene or threatening messages while using or referring to a Elyoncloud email address or web site URL is prohibited. The use of Elyoncloud servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a “clean up” fee of $250.

All e-mail sent through our service must adhere to the following general guidelines, regardless of liberties granted by your ISP or current SPAM legislations:

  • All recipients of any mass e-mail sent must have previously requested e-mail correspondence from your organization. They must also be aware of the type of information you will be sending and the frequency of your correspondence.
  • All mass e-mail communication must have a clear statement within the email outlining exactly how the recipients were added to the e-mail list used for the mass e-mail campaign.
  • All mass e-mail communication must have a clear removal/unsubscribe statement outlining exactly how a recipient may remove themselves from future mass e-mail campaigns.
  • All mass e-mail communication must contain the physical mailing address of the organization conducting the mass e-mail.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@elyoncloud.net.

Content Policy

All services provided by Elyoncloud may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Nextopro from any claims resulting from the use of the service which damages the subscriber or any other party.

Clients retain ownership of all textual content, images, logos, and data supplied by them to the Elyoncloud production staff. Additionally, any graphical or textual work that is performed for clients also remains property of the client upon final approval and settlement of all outstanding balances.

Elyoncloud always retains ownership of any server-side and client-side programming that is implemented for all clients using our platform, even if a fee was paid to perform the modifications to our platform.

In the event of account suspension, Elyoncloud is not responsible for supplying or retaining copies of any text, images, logos, or data owned by the client. Any available client-owned artifacts can be provided by Nextopro upon settlement of all outstanding balances for the current standard hourly fee.

It is the sole responsibility of Elyoncloud clients to obtain and/or verify licensing for all images and graphics used on their websites, even if the images were provided by the Elyoncloud production staff. Elyoncloud reserves the right to use legitimate royalty-free images from any source to deliver designs, revisions, or concepts. If preview images are used from stock photo agencies, the client is still responsible for obtaining and/or verifying the licensing for each photo and/or graphic. Elyoncloud does not assume responsibility nor liability for trademark infringement fees assessed for violation of image licensing by our clients. Additionally, work performed for clients using unlicensed images and photos does not imply participation in the act of trademark infringement. We assume that any client-provided or client-approved images are legitimately licensed by the time the client uses the images publically.

Pornography and sex-related merchandising is prohibited on all Elyoncloud servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Elyoncloud will be the sole arbiter in determining violations of this provision.

Elyoncloud also prohibits the use of images or media that contain sexually explicit content, nudity, implied nudity showing covered areas in view, sexually suggestive content, profanity, or racist rhetoric. Elyoncloud will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Elyoncloud servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Proxy Servers
  • NPH-Proxy
  • The Anonymizer
  • Any Soap Mailers

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.

Elyoncloud will be the sole arbiter as to what constitutes a violation of this provision.

Email Policy

Elyoncloud may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. “Safe-lists” are also strictly forbidden.

Traffic Policy

Elyoncloud allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. You may not use your standard Elyoncloud account to offer access to such files or functionality since we offer add-on services to provide for higher bandwidth needs. Elyoncloud customers are discouraged from storing any files that cause excessive traffic on Elyoncloud servers. Please contact Elyoncloud Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also, we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Elyoncloud or any other Internet servers will result in immediate account deactivation without prior notice. No refund, even for pre-paid service, is given in this case.

All account plans come with an “unlimited” traffic allowance. However, sites transferring more than 1 gigabyte per month will be reviewed. If your website uses more than 10 gigabytes per month, you will be required to move to a dedicated server solution, available by request. We monitor all accounts and bill $300.00 for each 1 GB of burstable bandwidth.

Technical Support

We provide technical support as standard part of our service. Support is provided via our online Message Center and Support Center as an unlimited resource for our clients. We also extend courtesy phone support on an as-needed basis. However, Elyoncloud reserves the right to refuse phone support to any client who overutilizes our staffing resources. Clients may purchase additional phone support if their need for phone support exceeds a threshold of forty five minutes or three non-critical incidents per month. Critical incidents are defined as outages or software errors.

Backups

Full backups are made weekly, and backups of new/changed web data made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for web server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of Elyoncloud, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Elyoncloud will attempt to recover the data from the most recent archive for a $50.00 fee. We do not back up e-mail data stored in POP accounts. POP service is intended for use in conjunction with a desktop e-mail reader, such as MS Outlook. Client should never use our e-mail server to store e-mail.

Elyoncloud reserves the right to amend our Terms and Conditions at any time and without notice.