This Terms of Service ("Agreement") is a legally binding contract between eDomainHost ("eDomainHost ") and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner, of the services provided by eDomainHost to Customer (collectively, the "Services").
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract anywhere in Bangladesh.
Also, you consensus with Our " Legal Disclaimer " . Please read the " Legal Disclaimer "
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of eDomainHost and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact eDomainHost or iiExplore to cancel your Services.
1. OWNERSHIP AND SERVICES PURCHASED
The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below.
eDomainHost may modify the products and services it offers from time-to-time.
Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by eDomainHost as set out on the Service Description Page are referred to as the "Services."
Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them.
You may terminate this Agreement if such a change materially affects the Services.
2. TERM OF AGREEMENT
This Agreement becomes effective immediately when Customer clicks "I Agree." ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of eDomainHost, or by the posting by eDomainHost of a revised version.
The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
3. OBEYING THE LAW
iiExplore mother company of eDomainHost is registered and located in Bangladesh and as such,
we are required to comply with the laws and official policies of Bangladesh,
regardless of where the Services are provided. In addition, eDomainHost will comply with appropriate
laws and official policies set forth by Bangladesh.
4. PAYMENTS AND BILLING
Your "Billing Term" is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be full payment at a time or some cases 2 installment.
As a customer of eDomainHost, it is your responsibility to ensure that all billing information on file with eDomainHost is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, and insufficient funds and over the credit limit fees. eDomainHost screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. eDomainHost has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.
5. BACKUPS
We keep 3 days Backups, these backups are strictly for our own use in-case of a server failure. This is not meant as a replacement for keeping your own backups and we are not responsible for the loss of data. Keep remember, Backups are not included as part of our services. It is the customer's sole responsibility to keep backups and save them somewhere else. Customers are advised to keep backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers' to keep data backups, download data, download backups, etc.
(a)Hosting Account Restoration
Active accounts can request a backup installation within three days of the backup date for a fee of $30. However, there is no guarantee of data integrity or availability for backups.
eDomainHost will try to maintain backups but only guarantees up to three days of backup storage.Shared hosting webmail will not be backed up or restored. Shared hosting webmail has limitations on the number of emails sent per hour.
(b) Email Hosting Backup Restoration
Email hosting accounts can request a backup installation within three days of the backup date for a fee of $50.
(c) Backup and Restoration Liability
eDomainHost is not liable for any failure in backup restoration due to unforeseen circumstances or technical issues.
6. ACCOUNT SUSPENSION AND TERMINATION
All requests for canceling any service / services must be made in writing with at least 7 days notice
but not more than 15 days prior written via email to billing@eDomainHost.com include your domain name,
last name on credit card in your email.
Account cancellation request will be accepted only for a valid reason.
Customer should mention his reason in details in the email.
7. ACCOUNT CANCELLATION
All requests for canceling any service / services must be made in writing with at least 7 days notice
but not more than 15 days prior written via email to billing@eDomainHost.com include your domain name,
last name on credit card in your email. Account cancellation request will be accepted only for a valid reason.
Customer should mention his reason in details in the email.
8. DOMAIN NAME
Domain registration/renewal for domains we register on your behalf. Discounts or free promotions for domain registrations/renewals are extended during your hosting period with us only. Once your hosting account is cancelled or expires, if you choose to change domain registrars or hosting providers, the difference between the amount paid for your domain to us and the actual full cost for the domain at the full price since the original registration date is due before we will release the domain.
9. REFUND POLICY AND BILLING DISPUTES
eDomainHost offers a thirty (30) day money back guarantee on shared web hosting, reseller packages, Cloud VPS and Hybrid plans. After the thirty (30) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.
No refunds are offered on dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support fees, processing fees, or software licenses. eDomainHost reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.
Only first-time accounts are eligible for a refund under the 30 day money back guarantee. For example, if you had or still have an account with eDomainHost before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with eDomainHost. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
• The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank and bkash.
eDomainHost will not activate new orders or provide additional Services for customers who have an outstanding balance with eDomainHost. For a new order to be setup or a new package to be activated, you must have a balance of $50.00, unless otherwise stated by eDomainHost in writing.
Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and eDomainHost is not responsible for any change in exchange rates between time of payment and time of refund. In addition, eDomainHost reserves the right to refuse a refund at any time for any or no reason.
If you believe there is an error in eDomainHost's billing, you must contact eDomainHost about it, in writing, within thirty (30) days of the date you are billed or charged. eDomainHost's obligation to consider your claim is contingent on your providing it with sufficient facts for eDomainHost to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify eDomainHost in writing or meet the deadline set out above. If eDomainHost finds that your claim is valid, eDomainHost agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
10. CHARGEBACKS, REVERSALS, AND RETRIEVALS
If eDomainHost receives a chargeback or payment dispute from a credit card company, bank, or PayPal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to eDomainHost by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact eDomainHost's billing team to address any billing issues.
If eDomainHost appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to eDomainHost by the bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.
11. CANCELLATION OF SERVICES
Either party may terminate this Agreement by providing notice to the other as provided herein.
You may cancel service by completing eDomainHost's cancellation form located at eDomainHost. To reduce the likelihood of error and ensure the security of your account, eDomainHost does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of eDomainHost in writing by email.
Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
If you pay eDomainHost via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. eDomainHost (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
eDomainHost may terminate this Agreement at any time by providing notice to Customers via email. Should eDomainHost terminate this Agreement for any reason other than a material breach, or violation of eDomainHost's Acceptable Use Policy, any prepaid fees shall be refunded.
One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
12. REFUSAL OF SERVICE
eDomainHost.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of eDomainHost.com .'s Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.
eDomainHost reserves the right to refuse service to anyone at any time. Any material that, in eDomainHost 's judgment, is obscene, threatening, illegal, or violates eDomainHost 's terms of service in any manner may be removed from eDomainHost 's servers (or otherwise disabled), with or without notice.
Similarly, eDomainHost reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. eDomainHost is not responsible for any damages or loss of data resulting from such suspension or termination.
If any manner of communication with eDomainHost’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
eDomainHost happily accepts orders from outside the Bangladesh, but may limit accounts from certain countries with a high fraud rate. To help protect eDomainHost and its customers from fraud, eDomainHost may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
13. RESOURCE USAGE
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all eDomainHost customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. eDomainHost reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.
Enforced resource limits for shared and reseller packages:
10% CPU Usage
5% Memory Usage or 512 MB Memory
50 Running Processes
15 Minute Max Execution Time
500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
Cloud VPS services leverage a shared, network based, Storage Area Network (SAN) and shared Hardware Virtual Machines (HVM) providing Central Process Unit (CPU) time. So as to allow reasonable performance for all customers, individual customers are expected to demonstrate responsible resource usage of the Storage Area Network (disk throughput MB/s / disk IN/OUT operations per second), Hardware Virtual Machine CPU (Central Processor Unit Time), and any other shared resource not explicitly mentioned herein. eDomainHost regularly monitors all Storage Area Networks and Hardware Virtual Machine CPU loads for normal usage patterns and routinely evaluates customer deployments for abnormal usage patterns. eDomainHost reserves the right to suspend, terminate, and/or limit (such as through disk throughput limiting, in/out operation per second limiting and lowering of CPU priority) services on any account, that at its sole discretion, is using an abnormally large amount of shared resources. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.
14. BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Disk Space, Bandwidth, and Email Usage Definitions.
Should your account pass the allocated amount, eDomainHost reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of eDomainHost in writing.
Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all eDomainHost customers. eDomainHost regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.
15. SERVICE MODIFICATIONS
eDomainHost reserves the right to add, modify, or remove any or all features from any service eDomainHost provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and eDomainHost does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.
16. SERVICE MODIFICATIONS
Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via our official request form at www.eDomainHost.com no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the discretion of eDomainHost, based on its investigation of any issue that is covered by this section.
If eDomainHost provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.
17. SUPPORT POLICY
eDomainHost will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is eDomainHost’s help desk, contact us from your account or contact WhatsApp supportchat group. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
