Terms of Service

Welcome to ella Hosting!

These terms and conditions outline the rules and regulations for the use of ellahosting.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use ella-Hosting if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing ella-Hosting, you agreed to use cookies in agreement with the ella-Hosting's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, ella-Hosting and/or its licensors own the intellectual property rights for all material on ella-Hosting. All intellectual property rights are reserved. You may access this from ella-Hosting for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from ella-Hosting
  • Sell, rent or sub-license material from ella Hosting
  • Reproduce, duplicate or copy material from ella-Hosting
  • Redistribute content from ella-Hosting

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. ella-Hosting does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of ella-Hosting,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, ella-Hosting shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

ella-Hosting reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant ella-Hosting a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of ella-Hosting; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to ella-Hosting. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of ella-Hosting's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

If you agree to the “Terms of Service” for using the services and website's of ella-Hosting, we will not be liable for any loss or damage of any nature.

Fair Use

1. ella Hosting reserves the right to suspend, cancel or terminate a customer’s access to any or all services provided by ella Hosting, where ella Hosting decides that the account has been inappropriately used. ella Hosting reserves the right to refuse service and/or access to its network to anyone.
2. ella Hosting offer large amounts or unlimited disk space and bandwidth with some account types. By this, we mean disk space for legitimate website content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. websites should not contain any backups or other non-web based content. We will treat all password-protected archives (e.g. zip and rar) files as unacceptable.
3. Scripts and web applications on the website must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts and web applications should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource-intensive, and adversely affect server performance and are therefore not allowed. Scripts and web applications that are designed to provide proxy services, anonymous or otherwise, are not allowed.
4. Scripts, websites, frameworks and web applications that use excessive resources such as memory or CPU are not permitted on our servers.
5. ella Hosting FTP servers may not be used by persons outside of the account holders organisation to transfer files to our servers. The use of web cam applications that maintain a constant FTP connection uploading an image at regular intervals is forbidden.
6. ella Hosting will disable any website, account and domain that fails to adhere to the following criteria as soon as we are made aware, in line with current working practices: –
6.1. The primary purpose of any website must be to provide web-based content to viewers. Files on the site must be linked to the website.
6.2. The primary purpose of any script, framework, website or web application must be to produce a web page. Scripts and web applications that send a single email based upon user entered information, or update a database are acceptable. Scripts and web applications that send bulk email or perform processor intensive database processes are not allowed.
6.3. Database services are for the exclusive use of storing the data of websites hosted on our network and can not be used to store non-website data.
6.4. Websites must not contain Warez, copyright or other illegal material. The onus is on you the customer to prove that you own the rights to publish material, not for ella Hosting to prove that you do not.
6.5. Websites must not use excessive amounts of server resources. These include bandwidth, processor utilization and/or disk space. If your website uses large amounts of server resources you will be contacted to look at upgrading your account and or suspending it until further notice.
6.6. Websites must not contain scripts and web applications that attempt to access privileged server resources or other sites on the same server.
6.7. FTP Services are for the exclusive use of our customers and our reseller's customers and may not be used for anonymous or public FTP access.
6.8. Email Services are for the exclusive use of our customers and our reseller's customers and may not be used for Free Email Services or Free Mailbox Services.

Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over ella Hosting, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, ella Hosting may immediately terminate this Agreement.

Backup Limitations

If you reach the storage limit for your plan, the backup will not be created until you remove other files. Any Shared Hosting account that uses more than the allotted disk space or contains excessive inodes will be removed from our system backup. Any user is solely responsible for maintaining the copy of his/her account.

Storage and Security

You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. ella Hosting services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. ella Hosting shall have no liability to You or any other person for Your use of ella Hosting products and/or services in violation of these terms.

Transfer of Content

In the event You terminate this Agreement or Your use of ella Hosting products and/or services, then moving Your server content off of the ella Hosting servers is Your responsibility. In the event Your use of ella Hosting products and/or services is terminated, ella Hosting will not transfer or manage Your services or Your content.

Third-Party Software

ella Hosting provides some third-party software to You for easier account management including, but is not limited to cPanel, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. ella Hosting does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by ella Hosting. Your use of any third party software is at Your own risk. ella Hosting cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. ella Hosting will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

ella Hosting Reservation of Rights

ella Hosting explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by ella Hosting; (ii) establish limits and guidelines concerning the use of ella Hosting services and/or products; (iii) terminate Your use of ella Hosting services and/or products for use of ella Hosting services and/or products to unnecessarily or illegally harass ella Hosting or third parties, non-payment of fees for ella Hosting services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the European Union and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of ella Hosting, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that ella Hosting determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of ella Hosting services and/or products if Your use of ella Hosting services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against ella Hosting or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of ella Hosting services and/or products at any time and for any reason if deemed reasonably necessary by ella Hosting. ella Hosting has no obligation to monitor Your use of ella Hosting services and/or products.
Right of Refusal. ella Hosting has the right to refuse services to anyone at Our discretion.

Limitation of Liability; Waiver and Release

The services offered by ella Hosting are being provided on an "AS IS" and ella Hosting expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. You agree that ella Hosting will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of God; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of ella Hosting; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. ella Hosting has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services obtained from the Internet.