TOS, AUP & DMCA - Elite Fiber LLC

The use of services from Elite Fiber LLC [hereafter referred to as "Elite Fiber"] constitutes agreement with these TOS, AUP and DMCA policies.


Account Setup Policy

Your account will be setup after we have received payment and we and our payment partner(s) have screened the order(s) for fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly 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 be denied.

If you are paying for services via credit card your card will be auto billed every month. If you wish to pay manually via credit card please contact billing@elitefiber.com. PayPal subscription orders will also rebill monthly and you can always terminate the subscription through PayPal.com.


Account Transfer Policy

Elite Fiber LLC provies unmanaged services only. We will try our best to help you move your site, but if you need full hands on support you will need a managed service. Please visit our manged services department HydraVPS.


Acceptable Use Policy

All services provided by Elite Fiber may only be used for lawful purposes. The laws of the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless Elite Fiber from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@elitefiber.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all unmanaged dedicated servers and colocation services include:

  • IRC Servers
  • Proxy Sites
  • Pirated Software/Warez
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Elite Fiber services, including all related equipment, networks and network devices are provided only for authorized customer use. Elite Fiber systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Elite Fiber system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Elite Fiber may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@elitefiber.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita).

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.


Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be canceled.

Elite Fiber reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Elite Fiber reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Elite Fiber.


Payment Policy

You agree to supply appropriate payment for the services received from Elite Fiber in advance of the time period during which such services are provided. You agree that until and unless you notify Elite Fiber of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. However, after the customer notifies Elite Fiber of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

As a client of Elite Fiber, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Elite Fiber provides a 3 day grace period from the time the invoice is marked due and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 10% late fee ($1 minimum) and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to the existing balance owed to Elite Fiber for services rendered. Access to the account will not be restored until payment has been made.

It is the customer's responsibility to notify our sales team via email at sales@elitefiber.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Elite Fiber cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@elitefiber.com

Elite Fiber reserves the right to change the monthly payment amount and any other charges at anytime.


Backup & Data Loss Policy

Your use of this service is at your sole risk. Elite Fiber is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Elite Fiber servers.


Cancellation & Refund Policy

Elite Fiber reserves the right to cancel, suspend or otherwise restrict access to your account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by contacting billing@elitefiber.com or via the billing system. If you wish to cancel you will not be billed for the next invoice if you cancel at least five (5) days in advance of the current due date. There are no refunds issued for unmanaged servers / colocation.

The following methods of payments are non-refundable, and any approved refunds will be posted as credit to the hosting account: Bank Wire Transfers, Western Union Payments, Checks and Money orders.


Bandwidth Usage Policy

You are allocated a monthly bandwidth allowance. This allowance varies depending on the server package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of service, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.


99.9% Uptime Guarantee Policy

You may receive credit towards hosting services for all outages exceeding 0.1% of the month. The nature of the outage determines your eligibility. To receive credit the outage must be related to a failure of our infrastructure. Approval of the credit is at the discretion of Elite Fiber. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the uptime of the the operating system as logged by our monitoring software. It may differ from the uptime reported by other individual services. To request a credit, please contact billing@elitefiber.com. All requests must be made in writing via email.


Reseller Responsibility Policy

Resellers are responsible for supporting their clients. Elite Fiber does not provide support to our reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Elite Fiber will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.


Dedicated Server Policy

Elite Fiber reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Elite Fiber reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@elitefiber.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.


Colocation Policy

Colocation services are NOT backed up by us and it is the responsibility of the client to maintain backups of their data or have another solutions.


Price Change Policy

We reserve the right to change prices and services listed on elitefiber.com at any time. We reserve the right to re-negotiate pricing with existing clients.


Coupon Code Policy

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.


Indemnification Policy

Customer agrees that it shall defend, indemnify, save and hold Elite Fiber harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Elite Fiber, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Elite Fiber against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Elite Fiber; (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 customers from Elite Fiber's server.


Arbitration Policy

By using any Elite Fiber services, you agree to submit to binding arbitration. If any disputes or claims arise against Elite Fiber or its subsidiaries, such disputes will be handled by an arbitrator of Elite Fiber's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.


Disclaimer

Elite Fiber shall not be responsible for any damages your business may suffer. Elite Fiber makes no warranties of any kind, expressed or implied for services we provide. Elite Fiber disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Elite Fiber and its employees.


Disclosure to Law Enforcement

Elite Fiber may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.


Changes to the TOS

Eltie Fiber reserves the right to revise its policies at any time without notice.


Copyright (DMCA) Policy

Elite Fiber requires DMCA notices to be filed via letter and mailed to us. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints.

It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.

3. Provide information reasonably sufficient to permit us to contact you.

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

7. Sign the paper.

8. Send the written communication to the following address:

Elite Fiber LLC
Attn: Elite Fiber Abuse Department
PO Box 420772
Houston, TX 77242-0772
United States of America

Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.

We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]

If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

Quick Info

  • Report Abuse:

    abuse@elitefiber.com


    All services provided by Elite Fiber may only be used for lawful purposes. The laws of the State of Texas, and the United States of America apply.


    We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.


    Your use of this service is at your sole risk. Elite Fiber is not responsible for files and/or data residing on your account.


    Eltie Fiber reserves the right to revise its policies at any time without notice.


    The customer agrees to indemnify and hold harmless Elite Fiber from any claims resulting from the use of our services.


    If in doubt regarding the acceptability of your site or service, please contact us at abuse@elitefiber.com and we will be happy to assist you.