Terms of Service
Thank you for choosing us!
Ayeluya! (hereinafter referred to as «ayeluya!», «we», «us» or «our») provides managed hosting, software, support and website development services (collectively, the «Services»).
By using the Services of ayeluya! you agree to these Terms of Service.
If you do not agree to these Terms, do not register for an Account or purchase, access or use the ayeluya Services! no way.
If you are buying or using our services in any way, please read our Terms of Service carefully for detailed information about your legal obligations.
1. ayeluya! (hereinafter referred to as “ayeluya!”, “we”, “us” or “our”) provides managed hosting services and support. Individuals or organizations that purchase, access or use the Services are referred to in this Agreement as «Customer», «you» or «your». Websites created and operated by our Clients through our Services are referred to in this Agreement as “Client Websites”. Third party visitors to Clients’ websites are referred to in this Agreement as «End Users».
2. These Terms of Service (“Terms”) form a binding legal agreement between ayeluya! and you.
3. You represent, warrant and agree that you have full power and authority to enter into and perform the Agreement and form a binding contract on behalf of yourself or the person, organization, entity or group you represent.
4. Update of the Conditions. We reserve the right to make changes to these Terms at any time and at our sole discretion. In such event, notice of such changes will be provided by revising the date at the top of these Terms. Your continued use of the Services after notification of changes will be deemed acceptance of those changes. Periodically review these Terms for updates.
2. Account and eligibility
1. In order to access the Services, you will be required to register a user account with ayeluya! (the «User Account»). In order to host client websites on the Services, you will need to create a subscription to a hosting plan (the «Hosting Account»). The User Account and the Hosting Account are collectively referred to as the “Account” in these Terms. The user who initially creates the Hosting Account may grant different levels of access and permission to other authorized users of the Hosting Account. The user who initially creates the Hosting Account may also transfer control or ownership of the Hosting Account to another user. All Hosting Account users, regardless of the level of access or permission granted to them, must register a User Account and agree to be bound by these Terms.
2. You agree that the email address you provide when creating your User Account (“Designated Email Address”) will be used for official notification purposes related to your Account and the Services. You agree to verify that the email sent by ayeluya! successfully reach the inbox associated with your Designated Email Address and to update your Designated Email Address when necessary.
3. You must be at least 13 years of age (or a higher minimum age in the jurisdiction where you reside) to access or use the Services. If you are at least 13 years old (or any higher minimum age in the jurisdiction in which you reside) but have not yet reached the age of majority in your jurisdiction (normally 18 years) (a «Minor»), then please read these Conditions with your father, mother or legal guardian. The parent or legal guardian of a Minor will be bound by these Terms and will be responsible for all access to and use of the Account or the Services, including purchases, by the Minor.
4. By using the Services or registering for an Account, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your Account information with any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account and your Service plan; (d) immediately notify ayeluya! if you discover or otherwise suspect any breach of security or unauthorized access related to your Account or the Services; (e) assume responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account; and (f) not open multiple Accounts to circumvent any restrictions or charges for excess use established by ayeluya!
5. If there is any dispute about ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable discretion.
6. By using the Services or registering for an Account, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your Account information with any changes; (c) maintain the security of your Account by protecting your password and restricting access to your Account and your Service plan; (d) immediately notify ayeluya! if you discover or otherwise suspect any breach of security or unauthorized access related to your Account or the Services; (e) assume responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account; and (f) not open multiple Accounts to circumvent any restrictions or charges for excess use established by ayeluya!
7. If there is any dispute about ownership of an Account, we reserve the right to investigate and determine ownership of the Account based on our reasonable discretion.
3. Fees and payments
1. Clients shall promptly pay all required fees as determined by ayeluya! at its sole discretion (“Fees”) using a valid payment method (for example, credit card). You acknowledge and agree that (a) the Subscription Fees will be prepaid, meaning that the Subscription Fees will be paid at the beginning of the subscription period, (b) that on a monthly or annual basis your Hosting Account will automatically renew, and (c) that the fees will be automatically charged to the valid payment method you have provided. To avoid automatic payments and renewal, you may cancel your Hosting Account in accordance with Section 10 below.
2. If you do not pay your Fees on time, thank you! may cancel or suspend your Hosting Account and the Services in accordance with Section 10. Disputed charges or chargebacks associated with any Hosting Account may, at ayeluya!’s discretion, result in the suspension or termination of the Services. .
3. If you use the Services for or on behalf of your own third-party clients to design, build, or manage Client Websites, you remain fully responsible for all payments of Fees in connection with your Hosting Account, including if your own customers do not pay you.
4. Rates are in US dollars and, except as otherwise stated at the time of payment, do not include any taxes (such as value added tax, sales tax, goods and services tax, etc.). ), rates or tariffs stipulated by the tax authorities. You will be responsible for the payment of such taxes and you agree to indemnify ayeluya! for all responsibilities, interests, sanctions or charges that are awarded to ayeluya! and that arise from the non-payment of said taxes.
5. Ayeluya! reserves the right to change the Rates at any time with prior notice to that effect. If you do not agree to the change in Fees, you may cancel the Services without incurring the changed fee, but no refund will be made for any fees you have previously paid.
6. If you have received a Promotional Rate or a free trial, hello! will automatically renew your Hosting Account and charge your payment method at the Standard (ie, non-promotional) Rate upon expiration of the promotional or free trial period.
7. Rates are in US dollars and, except as otherwise stated at the time of payment, do not include any taxes (such as value added tax, sales tax, goods and services tax, etc.). ), rates or tariffs stipulated by the tax authorities. You will be responsible for the payment of such taxes and you agree to indemnify ayeluya! for all responsibilities, interests, sanctions or charges that are awarded to ayeluya! and that arise from the non-payment of said taxes.
8. Ayeluya! reserves the right to change the Rates at any time with prior notice to that effect. If you do not agree to the change in Fees, you may cancel the Services without incurring the changed fee, but no refund will be made for any fees you have previously paid.
9. If you have received a Promotional Rate or a free trial, hello! will automatically renew your Hosting Account and charge your payment method at the Standard (ie, non-promotional) Rate upon expiration of the promotional or free trial period.
4. Client Content
1. ayeluya! may allow you and End Users to post, import, upload, store, share, post, display or otherwise transmit text, data, information, code, software, domain names, materials, designs, photos, images, media files , logos or any other content to or through the Services for the purpose of creating, managing and operating its Client Websites (collectively, and together with the Client Websites, the “Client Content”).
2. Without limiting the provisions of Section 11, hello! does not prevent and cannot remedy all security incidents, including Malicious Activity (defined below), in connection with the Services or Customer Content.
3. You retain all rights and ownership of your Customer Content. You will provide ayeluya! the Customer Content in a form that does not require any processing or modification by ayeluya!. You are also required to provide all notices and obtain and maintain any consent from any person, including End Users, in connection with Customer Content as required by applicable law or regulation.
4. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR CUSTOMER CONTENT, INCLUDING CUSTOMER WEBSITES. Without limiting the foregoing, you are solely and entirely responsible for (a) the design and development of the Client Content (b) all necessary changes to the Client Content, such as changes to the appearance of the Client’s websites; (c) all code development, creation, editing, writing, testing, auditing, modification and optimization necessary or desirable for the operation of the Customer Content; and (d) optimizing the performance of Client Content. If you choose to host Customer Content on a different hosting provider, you are solely and fully responsible for migrating Customer Content to the new hosting provider.
5. To provide the Services, ayeluya! must access and use Customer Content in various ways on your behalf. For this reason, for the sole and limited purpose of providing you with the Services, you grant ayeluya! a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute the Customer Content, in whole or in part. part.
6. You represent, warrant and agree that the Customer Content will not (a) infringe, misappropriate or violate any patent, copyright, trademark, trade secret, confidentiality, moral or privacy right or any other proprietary or intellectual property right; (b) will violate or promote the violation of any law; (c) will be defamatory, fraudulent, false, misleading or misleading; (d) constitute, consist in, or enable spam, phishing attempts, «chain letters,» «pyramid schemes» or any other malicious activity (defined below); (e) be pornographic, vulgar, exploit children, or be obscene in any way; (f) include nudity or sex-related products, services, or other material; or (g) promote violence, discrimination, bigotry, racism, hatred, harassment or harm against any individual or group. The determination of whether the Client Content violates these Terms will be at the sole discretion of ayeluya!
7. Ayeluya! You will have no obligation to monitor, validate, correct, or in any way update the Customer Content and may, in its sole discretion, alter, remove, or refuse to display any Customer Content that is in violation of these Terms.
5. Customer Obligations and Acceptable Use
1. Be polite. Do not transmit any information about ayeluya! or its other customers, end users, employees or representatives that ayeluya! consider, in its sole discretion, to be demeaning, harassing, hurtful, abusive, defamatory, insulting, derogatory, false, misleading or otherwise offensive.
2. Compliance with laws. You agree to use our Services in accordance with applicable local, state, national and international laws and regulations, including, but not limited to, trade sanctions and export control laws and applicable data privacy laws. You may not use the Services for or on behalf of any person or organization subject to embargoes, sanctions or otherwise designated on any list of prohibited parties. You agree to cooperate with ayeluya!, including providing information reasonably requested by ayeluya!, to ensure that ayeluya! complies with applicable laws. in connection with your use of the Services.
3. You are responsible for and must provide all telephones, computers, hardware, Internet connections, and any other equipment and services necessary to access the Services.
4. Malicious Activity. You agree not to perform, attempt to perform, or encourage or assist others to perform any Malicious Activity while accessing or using the Services. «Malicious Activity» means any of the following alone or in combination: (i) use, display, mirror or frame the Services or any of their individual elements; (ii) access or alter non-public areas of the Services; (iii) test the vulnerability of any ayeluya system! or breach any security or authentication measures; (iv) circumvent any measure implemented by ayeluya! or by third parties to protect the Services; (v) modify, decompile, disassemble, reverse engineer, alter, or attempt to derive the source code of any part of the Services; (vi) interrupt, damage, destroy or limit the functioning of the Services; or (vii) host, upload, or otherwise transmit malware, viruses, or any other malicious code or activity (“Malicious Code”).
Clients must cooperate with ayeluya! to quickly isolate, mitigate, and remove any Malicious Activity and take appropriate remedial action.
Yes hello! determines that Malicious Activity has occurred inadvertently as part of a website migration performed by Customer, Customer will be given the opportunity to promptly remove the Malicious Activity. If Customer does not promptly remove the Malicious Activity as directed by ayeluya!, then ayeluya! will remove the Malicious Activity, and a fee of $100.00 will be charged to Customer and payable via Customer’s default payment method (including auto pay).
5. Limits of use. You agree to cooperate with ayeluya! in ensuring that the use of resources is measured accurately.
a. Do not overload the Services or place excessive load on any CPU, server, or any other resources used in connection with the Services.
b. Do not use excessive bandwidth or data transfer. If your bandwidth or data transfer usage exceeds usage by similarly situated Customers, we may impose restrictions on your use of the Services until your usage matches that of similarly situated Customers or offer to upgrade to a measured plan.
If the Service plan to which you subscribe establishes an amount of data transfer, number of visits or disk space, you agree not to exceed this amount. If you exceed this amount, data transfer, visits or disk space in excess of the contracted amount will be billed at our then-current rate (https://ayeluya.com/aws) (https://ayeluya.com/data-center).
If your use of the Services results in activity that is detrimental to the performance of disk space resources, such as the creation of large system- or application-generated files (for example, log files, backup and cache files), we may take corrective action, including deleting system/application generated files and/or limiting your use of the Services, as necessary to protect the stability of the Services. You agree to cooperate with us to ensure that your use of the Services does not result in damage to the performance of disk space resources.
c. Our plans may allow you to send a certain number of transactional emails per day, and you agree not to exceed the maximum numbers indicated on our website. If you exceed your daily quota for transactional emails, we may offer you an upgrade to your plan or use a third-party provider to send transactional emails. If you refuse to upgrade your plan or use a third-party provider, we may refuse to send emails on your behalf.
d. Do not use the Services to provide open proxies, for cryptocurrency mining activity or for any other activity for which the Services are not promoted on our website.
and. Do not use the Services for high-bandwidth activities, including (but not limited to) distributing or serving video files, audio files, and downloadable digital assets (for example, downloadable zip and pdf files). Customer websites that incorporate such activities should use an appropriate third-party storage provider, ensure that these assets are served by a content delivery network (CDN), or otherwise configure customer websites clients to deliver these assets using a method that guarantees that the network of ayeluya! do not incur the bandwidth associated with these activities. Configuring Customer’s websites to use an appropriate delivery method for these activities is Customer’s responsibility.
7. The property rights of ayeluya! and your license
1. Except for Third Party Services, the Services are the sole and exclusive property of ayeluya! and not the Client. Without limiting the generality of the foregoing, all right, title and interest in and to the Services, including any and all computer programs, servers, artwork, graphics, images, website templates and widgets, literary works, code source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the look, feel, and arrangement of the Services , methods, products, algorithms, data, records, interactive objects and features, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered, as well as any derivative vation of the same, are owned and / or are licensed to ayeluya!.
2. Subject to compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and use the Services solely for the purpose of creating, managing and operating your Client Website. You will not rent, lease, license, sell, distribute or otherwise transfer the Services to third parties, except as permitted by these Terms. Upon termination of these Terms or the Services, you will no longer have any right or license to the Services, and you must immediately stop using them and destroy all copies in your possession.
3. At our sole discretion and without any liability to you, we may modify or discontinue, temporarily or permanently, any part of our services, with or without notice and at any time.
8. Copyright and Violators Policy
In accordance with the Digital Age Copyright Act (“DMCA”) and other applicable laws, ayeluya! has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, agreements with users who are deemed to be repeat infringers of the intellectual property of others. We may also, in our sole discretion, limit access to the Services and/or terminate the Account of any Customer that we believe may infringe any third party intellectual property right, whether or not it is repeat offender.
You should also be aware that if you knowingly misrepresent in your notification that material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the allegedly infringing party as as a result of our reliance on such misrepresentation to remove or terminate access to the allegedly infringing material or activity.
9. External services
1. The Services may offer, allow access or use, install or incorporate content, promotions, websites, applications, software, services and resources of third parties (collectively «Third Party Services») that are not under the control of ayeluya! . Third Party Services are made available for your convenience only and we are not responsible for the products, services, or content available on such services. You acknowledge that the Third Party Services you use in connection with the Services are not controlled by ayeluya!, and you assume sole responsibility and all risk arising from your interaction with or use of the Third Party Services.
1. If you breach these Terms or any other policy, term or agreement that ayeluya! be in force at all times, ayeluya! You may, immediately and at our option, terminate this Agreement and/or terminate or suspend your access to the Services and your Account. Upon such termination or suspension, you will not be permitted to register for another Account or access the Services without our prior written permission.
2. Either party may terminate the Services and these Terms for convenience, giving the other party fourteen (14) days’ written notice ayeluya! may allow the Client to cancel their Hosting Account independently or by contacting the ayeluya! customer service teams.
3. Any provision of these Terms that, to give proper effect to its intent, must survive the termination, expiration, discontinuation or suspension of these Terms or the Services shall survive such termination, expiration, discontinuation or suspension of these Terms or the Services.
1. You agree to defend, indemnify and hold harmless ayeluya! (and each of our owners, officers, directors, employees, agents, contractors, licensees, and affiliates) (collectively the “ayeluya! Indemnitees”) from any loss, cost, expense, damage, harm, and/or liability of any kind , including attorneys’ fees, which may be incurred or suffered by an Indemnified Party of ayeluya! as a result of any claim, lawsuit, proceeding or investigation asserted or initiated by any third party, arising out of or in any way related to (a) your access to or use of our Services, or your conduct in connection with the same; (b) Customer Content, Customer Websites or Submissions; (c) your breach or alleged breach of the Agreement; or (d) your violation of any law or the rights of a third party.
2. We reserve the right, in our sole discretion, to control any action or proceeding, including the selection of counsel, and to determine whether and, if so, on what terms we wish to settle, in which case you will cooperate with us in evaluating possible defenses.
12. Miscellaneous provisions
1. The Agreement constitutes the entire understanding and agreement of the parties and supersedes all prior and contemporaneous understandings and agreements between the parties regarding its collective subject matter.
2. You may not assign any of your rights or obligations under the Agreement without the prior written consent of ayeluya!. Ayeluya! may assign any or all of its rights under the Agreement, in whole or in part, without obtaining your consent
3. Our failure or delay in exercising any right, power or privilege under the Agreement will not operate as a waiver of the Agreement.
4. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement, all of which will remain in full force and effect.