Purpose
This policy has been created and is available to all Evolution Hosting visitors and Customers to demonstrate Evolution Hosting's firm commitment to privacy. The following discloses the information gathering and dissemination practices of Evolution Hosting.

Basis
Evolution Hosting requires certain personal and confidential information from its customers in order to provide web hosting services. This information may be used by Evolution Hosting for billing and customer contact purposes on an as needed basis.

Third Parties
Information provided by Evolution Hosting visitors or Customers will not be sold or given to third parties without explicit advance permission from the visitor or customer.

Cookies
Cookies are used to maintain state in the Evolution Hosting Console ™ and to track customer usage over time. No personal information will be maintained in the cookie.

Links
Evolution Hosting contains links to other sites and is not responsible for the privacy practices or content of those sites.

Questions
To answer any questions or concerns related to this policy or other policies of Evolution Hosting, Customer Service may be contacted through one of the following methods .

Eligibility
Eligible account holders include any person eighteen (18) years of age or older, or any lawfully formed legal entity.

Availability
Evolution Hosting will make a reasonable effort to insure quality service and adequate facilities, though a guarantee that access will be available at all times cannot be made. Evolution Hosting will publish any scheduled outages in advance within the Evolution Hosting Control Panel™ and/or make notification to account holders via e-mail. All accounts are dynamically configured via Evolution Hosting's automated Java provisioning engine and are available for account holder use in a matter of minutes following signup. As a maximum, shared accounts may require one (1) business day to create (or upgrade); Dedicated accounts may require up to five (5) business days to create (or upgrade). Custom configurations (e.g., configurations not listed on the Evolution Hosting Price Quote page may require additional setup time.

Billing
Evolution Hosting bills each account holder's major credit card on a monthly basis. Setup fees and prorated first month fees are billed instantly upon signup. Subsequent monthly charges are billed on the first of the month. Evolution Hosting may bill special one-time fees at any time during a given month, on a case-by-case basis. Evolution Hosting may charge a late payment fee of USD $20.00 for each payment not received by the payment due date. Account holders may incur a finance charge of 1.5% per month on all amounts past-due. If any account is referred to an attorney for collection, account holder agrees to reimburse Evolution Hosting for reasonable collection and legal fees.

Pricing
Evolution Hosting reserves the right to change its prices at any time and may retroactively apply these price changes to existing account holders. This is true both for all prices, including but not limite to the on-line price quote page and prices listed in custom hosting quotations.

Stress Testing
Evolution Hosting is primarily intended to be a production deployment environment. Evolution Hosting is not intended to be used for application development or stress testing unless account holders have either purchased a dedicated hosting package, or have obtained special approval from Evolution Hosting staff.

Preliminary Application Testing
Account holders must deploy and test applications in their local environment, using identical product versions as those in their Evolution Hosting environment (e.g., JDK, application server, database server, etc.) prior to upload to Evolution Hosting servers. This policy is designed to prevent customers from contacting Evolution Hosting support with programming errors that are not the result of the Evolution Hosting environment.

Open Source Software
Open Source software (e.g., Apache Tomcat, MySQL, etc.) often times does not provide clear error messages or verbose debugging information and is therefore the cause of many support requests that are "application specific". Evolution Hosting account holders using Open Source software should be especially certain that they have followed the "Preliminary Application Testing" policy listed above.

Support
In order to receive Evolution Hosting support, account holders must first follow the "Preliminary Application Testing" policy listed above. Evolution Hosting will promptly work to resolve any issue that is a result of the Evolution Hosting hosting environment. For issues submitted to Evolution Hosting Support that Evolution Hosting support finds can be reproduced locally outside of Evolution Hosting servers (e.g., application specific problems that are not related to the Evolution Hosting environment), a $130.00/hour consulting fee will be billed. For custom configuration requests, Evolution Hosting will notify account holders prior to beginning any work.

Cancellation
Account holders may close their account(s) at any time via the Evolution Hosting Control Panel. Account closing functionality can be accessed in the Profile Section | Payment tab. Written notice via e-mail, fax, or postal mail is also acceptable. Account holders may not cancel by non-payment. Accounts may be cancelled by Evolution Hosting upon thirty (30) days notice. Accounts may be cancelled by Evolution Hosting immediately, without notice, and without refund, if account holder violates any of the provisions specified below under the sections: "Use" or "Delinquency". Shared accounts will be refunded a portion of paid monthly charges on a prorated basis. Dedicated account will not have partial months refunded. Dedicated accounts who have made payments to Evolution Hosting for a period of less than thirteen (13) months may be required to pay a termination fee equal to the last months recurring monthly fee. Any account that has incurred support charges due to violation of the "Use" policy or as described in the "Support" section will be required to reimburse Evolution Hosting for these charges prior to Cancellation.

Modification
Evolution Hosting may modify this agreement from time to time. Revisions will be published on the Evolution Hosting web site Policies page.

Payments
Payment is made to Evolution Hosting from account holders via credit card. Credit card information may be provided by account holders to Evolution Hosting for this purpose. Cards will be billed on a recurring monthly schedule. Account holder agrees to supply Evolution Hosting with updated credit card information prior to the card's expiration date. Account holder agrees to pay a returned payment charge of USD $20.00 for any charge card transaction dishonored by account holder's financial institution.

Delinquency
It is an account holder's responsibility to keep current payment information in the Evolution Hosting Console. Should this payment information become unusable due to expiration, lack of funds, change of address, or any other reason out of Evolution Hosting's control, Evolution Hosting will send an e-mail messsage to the primary and secondary contacts on file for the account. Account holder has one (1) week to update account information after notification is sent. Failure to update account information within one (1) week's time will result in the account falling into delinquent status and triggering a $30 late payment fee. Accounts that fall into delinquent status more than twice in a twelve (12) month period will be charged a $30.00 late fee, prior to sending out notification, any time payment information is found not to be usable. Account holders who pay by check are required to ensure that Evolution Hosting receives payment no later than fifteen (15) days following receipt of invoice. If Evolution Hosting has not received a check within 15 days, the account incur a $30 late payment fee and will fall into delinquent status until payment is received .

Privacy
Any personal information provided to Evolution Hosting will be treated in accordance with Evolution Hosting's Privacy Policy .

Responsibility
Account holder agrees to be responsible for all account use and to keep account login name and password confidential. If account holder's password is compromised or disclosed to a third party, account holder agrees to notify Evolution Hosting immediately.

Severability
If any provision(s) of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Use
Account holder may use account(s) only for lawful purposes. Account holder shall not attempt to access, convert for personal gain, or interfere with the operation of any other account holder, computer, modem, router, server, or any other device connected to or accessible via the Internet that account holder does not have the authority to access. Account holder shall not send or cause to be sent any unsolicited commercial or non-commercial bulk e-mail (SPAM). Any violation of any provision in this paragraph may result in the immediate cancellation of account holder account as provided above under Cancellation, and in addition may subject you to civil liability and criminal prosecution.

Venue
Account holder agrees that this agreement is entered into by account holder and accepted by Evolution Hosting in Colorado, and is governed by the laws of the United States and the State of Colorado.