1. Contractual Relationship

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Eleven Orbits. By accessing our website, purchasing our services (including VPS Hosting, Managed WordPress, and Private Email), or using our infrastructure, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you must immediately discontinue the use of our Services.

2. Account Eligibility & Security

2.1. Registration: To access our services, you must provide accurate, current, and complete information during the registration process. Use of pseudonyms (e.g., “John Smith” placeholders) or disposable email addresses for account creation is prohibited and may result in immediate termination.

2.2. Credentials: You are responsible for maintaining the confidentiality of your login credentials. You accept full responsibility for all activities that occur under your account. Eleven Orbits is not liable for any loss or damage arising from your failure to secure your password or enable Two-Factor Authentication (2FA).

3. Acceptable Use Policy (AUP)

You agree to use our infrastructure solely for lawful purposes. The following activities are strictly prohibited on any Eleven Orbits server (Shared or VPS):

  • Network Abuse: Any attempt to undermine or cause harm to a server or system of the Company or any other internet user. This includes Port Scanning, DoS/DDoS attacks, and packet flooding.

  • Unsolicited Communication (Spam): Sending unsolicited bulk email (UBE) or spam from our servers is strictly forbidden. We maintain a zero-tolerance policy for IP blacklisting caused by client negligence.

  • Malicious Content: Hosting malware, ransomware, botnets, or scripts meant to compromise third-party systems.

  • Resource Abuse: Using shared hosting resources for background daemons, crypto-currency mining, or excessive CPU/RAM usage that degrades performance for other users.

  • Illegal Material: Hosting content that violates copyright laws, promotes illegal acts, or contains child exploitation material.

Violation of this AUP will result in immediate suspension of services without refund.

4. Service Availability & SLA

4.1. Uptime Target: Eleven Orbits strives to maintain a 99.9% Network Uptime standard for our VPS and Hosting services. This calculation excludes scheduled maintenance windows and force majeure events.

4.2. Maintenance: We reserve the right to perform emergency maintenance to patch critical security vulnerabilities (e.g., zero-day exploits) at any time. We will attempt to notify you in advance via the Customer Portal whenever possible.

4.3. Disclaimer: While we implement redundant backups and RAID architecture, you are ultimately responsible for your own data. Eleven Orbits does not guarantee that our backup procedures will be error-free or that backups will be available for restoration in all circumstances.

5. Intellectual Property Rights

5.1. Our IP: The content, organization, graphics, design, compilation, and digital conversion related to the Eleven Orbits website are protected under applicable copyrights and trademarks (including CIPO Reg. 1678769). The copying, redistribution, or publication by you of any such matters is strictly prohibited.

5.2. Your IP: You retain full ownership of the content (files, databases, emails) you upload to our servers. By hosting with us, you grant Eleven Orbits a limited, non-exclusive license to access your data solely for the purpose of providing the Services (e.g., creating backups or scanning for malware).

 

6. Billing, Renewals, and Refunds

6.1. Payment Terms: Services are provided on a pre-paid basis. Invoices are generated 7 days prior to the renewal date. Failure to pay by the due date may result in service suspension.

6.2. Auto-Renewal: Unless you cancel your service via the Client Portal before the renewal date, your services will automatically renew for the same term to ensure continuity of your digital operations.

6.3. Refund Policy: We offer a limited money-back guarantee on specific hosting plans as detailed in our separate. Domain registration fees, software licenses (e.g., cPanel), and dedicated server fees are non-refundable.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVEN ORBITS, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

UNDER NO CIRCUMSTANCES WILL ELEVEN ORBITS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

8. Indemnification

You agree to defend, indemnify and hold harmless Eleven Orbits and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which Eleven Orbits is primarily registered, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state/provincial courts located within that jurisdiction.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice via email prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11. Contact Information

If you have any questions about these Terms, please contact our Legal Compliance team:

  • Email: support@elevenorbits.com

  • Ticket System: Accessible via the Client Area Dashboard