ESKHosting

Terms of Service

These Terms of Service ("Terms") govern your use of the ESK Hosting website and services ("we", "us", "our"). By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By using our website or services, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our services. By using our services, you represent and warrant that you meet these requirements.

3. International Users & Compliance

ESK Hosting serves customers globally. By using our services, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States and other countries where we or our service providers operate. We strive to comply with all applicable laws and regulations in the jurisdictions where we do business, including but not limited to data protection, consumer protection, and export control laws. If local laws in your country provide you with additional rights or protections, we will comply with those requirements to the extent required by law. If any provision of these Terms is unenforceable in your jurisdiction, the remainder of the Terms will remain in effect.

4. Services Provided

ESK Hosting provides web hosting, domain registration and transfer, email hosting, VPS, dedicated servers, reseller hosting, and related services. Service details, features, and pricing are described on our website and may change from time to time.

5. Account Registration & Security

  • You must provide accurate, complete, and current information when registering for an account.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use or security breach of your account.

6. Payments, Billing & Refunds

  • All fees are due in advance and are non-refundable except as expressly stated (e.g., 30-day money-back guarantee for certain hosting plans).
  • Prices and features are subject to change. We will notify you of significant changes in advance.
  • You authorize us to charge your payment method for recurring fees unless you cancel your service before the renewal date.
  • Failure to pay may result in suspension or termination of your services.

7. Acceptable Use & Prohibited Activities

  • You agree not to use our services for any unlawful, harmful, or abusive purpose, including but not limited to: spamming, phishing, distributing malware, infringing intellectual property, or violating the rights of others.
  • You may not use our services to host or distribute content that is illegal, obscene, defamatory, or otherwise objectionable.
  • We reserve the right to investigate and take appropriate action, including suspension or termination, for violations of this section.

8. Intellectual Property

All content, trademarks, logos, and intellectual property on our website and services are owned by ESK Hosting or its licensors. You may not use, copy, or distribute any content without our prior written consent, except as permitted by law.

9. Service Availability & Changes

We strive to provide reliable and continuous service but do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any part of our services at any time, with or without notice.

10. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, express or implied. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that our services will be error-free, secure, or meet your requirements.

11. Limitation of Liability

To the fullest extent permitted by law, ESK Hosting and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of our services. Our total liability for any claim shall not exceed the amount you paid for the service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless ESK Hosting and its affiliates from any claims, damages, liabilities, costs, or expenses (including attorneys’ fees) arising from your use of our services, your violation of these Terms, or your infringement of any rights of a third party.

13. Governing Law, Jurisdiction & Dispute Resolution

These Terms are governed by the laws of the State of Kentucky, USA, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Madison County, Kentucky, unless otherwise required by applicable law. If you are a consumer residing outside the United States, you may have the right to bring claims in your local courts under applicable consumer protection laws, and nothing in these Terms limits those rights. We will comply with all mandatory dispute resolution requirements in your jurisdiction.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our services after changes constitutes acceptance of the new Terms.

15. Contact Us

If you have any questions about these Terms or our services, please contact us:

Effective Date: 7/15/2025