1. Agreement Scope
These Terms of Service form the master agreement between Esited and the customer using hosting, network, cloud, colocation, or related infrastructure services.
Each service order, quote, invoice, or accepted configuration becomes part of the agreement and may include service-specific pricing, duration, features, and operating terms.
2. Term, Renewal, and Termination
Service begins when the customer accepts the order or starts using the service. Unless a service order says otherwise, services renew month to month after the initial term.
Cancellation, non-renewal, or early termination may require advance written notice. Early cancellation can leave remaining monthly charges, non-recurring charges, or disconnection costs due.
Customers are responsible for exporting or preserving their content before a service ends. After termination, hosted content may be removed from Esited systems.
3. Service and Customer Responsibilities
Esited provides hosting, facility, network, maintenance, support, and additional services described in the applicable service order.
Customers keep ownership of their content and grant Esited the limited rights needed to host, transmit, back up, and operate that content as part of the service.
Customers must not use the service for unlawful, infringing, abusive, defamatory, threatening, obscene, or otherwise prohibited content or activity.
4. Acceptable Use and Facility Rules
Use of the service must follow Esited policies, including acceptable use, privacy, service level, and other referenced operational policies.
Datacenter or facility access requires prior written approval and may require insurance, identity, security, and site-rule compliance.
Connectivity, bandwidth, IP resources, and physical resources must stay within the purchased service limits unless Esited approves or bills additional usage.
5. Payments and Billing
Monthly recurring services are generally billed in advance, while usage-based services may be billed in arrears. Taxes and government fees are separate from listed service rates.
Late, unpaid, or unresolved charges may lead to late fees, suspension, or termination after notice. Disputed charges must be raised promptly and in writing.
Suspension or termination does not remove the obligation to pay amounts already due under active service orders.
6. Warranties, Data, and Liability
Except where a written service level agreement applies, services are provided on an as-is basis and may depend on third-party networks, software, hardware, and internet conditions.
Customers remain responsible for their data, backups, software, security practices, and end-user activity. Optional backup services only apply when purchased in the service order.
Esited limits liability for lost profits, lost data, consequential damages, and similar claims as described in the full agreement.
7. IP Addresses and Intellectual Property
IP addresses assigned through Esited remain controlled by Esited and may be changed or removed with notice where the agreement permits.
Each party keeps its own intellectual property. Neither party receives rights to the other party's marks, software, designs, or proprietary materials except as required to provide the service.
8. Confidentiality and Legal Process
Both parties agree to protect confidential information and use it only for service performance, legal rights, or legally required disclosures.
Confidential information may be shared with service providers, representatives, law enforcement, government agencies, or in response to legal process when permitted by the agreement.
9. Disputes and Governing Law
The agreement is governed by California law. Certain disputes may require mediation before arbitration or court action, with venue and process handled as described in the master agreement.
Esited may update these terms through electronic notice or website publication. Continued use of services after an update may be treated as acceptance of the updated terms.