Last updated: May 16, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, hosting services, software, and professional services offered by New Eve (“New Eve,” “we,” “us,” or “our”). By creating an account, signing up for a free trial, purchasing a service, or otherwise using our services, you (“Customer,” “you”) agree to these Terms.
If you are entering into these Terms on behalf of a company, organization, school, or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1. The Services
New Eve provides the following services, individually or in combination (each a “Service,” collectively the “Services”):
- eveCloud — managed WordPress hosting, including server provisioning, daily backups, security monitoring, uptime monitoring, and support.
- eveDomains — domain name registration and management.
- eveMail — transactional and marketing email, newsletters, and list management.
- eveClips — video hosting and delivery.
- eveTeam — shared inbox and customer communication tools.
- eveSpace — community platform hosting.
- eveAnalytics — privacy-friendly website analytics.
- eveAi — AI-assisted website generation.
- Professional Services — web development, video production, video editing, paid advertising management, brand identity, and SEO services, delivered under a separate statement of work or written scope.
We may modify, add, or discontinue Services at any time. If we materially reduce or discontinue a paid Service you are actively using, we will provide reasonable advance notice and a pro-rated refund for any unused prepaid portion of that Service.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for keeping your account credentials secure and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
You agree to provide accurate, current, and complete information when creating your account and to keep that information updated.
3. Free Trial
We may offer a free trial of certain Services. During the trial, the Service is provided as-is and may be subject to feature, storage, or bandwidth limitations. If you do not convert your trial to a paid plan before the trial period ends, your trial account and any associated data may be suspended and then deleted after thirty (30) days.
4. Fees, Billing, and Refunds
4.1 Fees
Fees for paid Services are listed on our pricing page or in your order, statement of work, or invoice. Unless otherwise stated, fees are charged in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying.
4.2 Billing
Subscription Services are billed in advance on a monthly or annual cycle depending on the plan you select. By providing a payment method, you authorize us (and our payment processor, currently Stripe, Inc.) to charge that method for all fees due. Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless you cancel before the renewal date.
4.3 Domain registrations
Domain registration fees are paid to the registry and registrar and are non-refundable once a domain is registered, transferred, or renewed. You are responsible for renewing domains before expiration; we may, but are not obligated to, attempt to auto-renew domains on your behalf.
4.4 Refunds
Hosting subscriptions are refundable within thirty (30) days of the initial purchase if you cancel and request a refund in writing to [email protected]. After the first thirty days, fees are non-refundable, but you may cancel future renewals at any time. Professional Services fees are governed by the applicable statement of work and are generally non-refundable once work has commenced.
4.5 Late payment
If a payment fails or is overdue by more than ten (10) days, we may suspend the affected Service. Accounts more than thirty (30) days past due may be terminated and the associated data deleted.
4.6 Price changes
We may change fees for Services. For subscriptions, we will give you at least thirty (30) days’ notice before a price change takes effect at your next renewal.
5. Service Level — eveCloud
We target 99.9% monthly uptime for eveCloud hosting, measured as the percentage of time in a calendar month that your hosted site responds to HTTP requests at the origin server, excluding scheduled maintenance and Excluded Events (defined below).
If we fail to meet the 99.9% target in a given calendar month, you may request a service credit equal to 5% of that month’s hosting fee for each full percentage point below 99.9%, up to a maximum of 50% of that month’s hosting fee. Credits must be requested within thirty (30) days of the end of the affected month by emailing [email protected]. Service credits are your sole and exclusive remedy for downtime and may only be applied to future invoices.
Excluded Events: downtime caused by your code, plugins, or themes; third-party services you have integrated; DDoS or other attacks beyond our reasonable control; force majeure; your violation of these Terms; or scheduled maintenance announced at least 48 hours in advance.
6. Acceptable Use
You agree not to use the Services, and not to allow anyone using your account to use the Services, to:
- violate any applicable law or regulation;
- infringe or misappropriate any intellectual property, privacy, or other right of any person;
- distribute malware, run a botnet, conduct phishing, or attempt unauthorized access to any system;
- send unsolicited bulk email or otherwise violate the CAN-SPAM Act, CASL, or similar laws;
- host or distribute child sexual abuse material, content that incites violence, or other content prohibited by law;
- run cryptocurrency mining, public proxies, public VPN exit nodes, or torrent trackers;
- generate sustained traffic or resource use materially in excess of typical use for your plan; or
- attempt to circumvent any technical or contractual limits on the Services.
We may investigate suspected violations and may suspend or terminate Services without notice if we reasonably believe a violation poses a risk to our infrastructure, other customers, or third parties.
7. Your Content
“Customer Content” means any data, text, code, images, audio, video, or other material you upload to, store on, or transmit through the Services.
You retain all rights in your Customer Content. You grant New Eve a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as needed to provide, secure, back up, and support the Services and to enforce these Terms.
You represent and warrant that you own or have all necessary rights to your Customer Content and that it does not violate any law or third-party right.
8. Backups
We perform daily backups of eveCloud-hosted sites and retain them for at least fourteen (14) days. Backups are stored on separate infrastructure. Backups are provided as a convenience and best-effort recovery tool; we do not warrant that backups will be free of errors or available for any specific point in time. You are responsible for maintaining your own independent backups of any data critical to your business.
9. Third-Party Services and Software
The Services rely on third-party infrastructure providers, software, and services, including but not limited to data center operators, payment processors, domain registries and registrars, email deliverability providers, and open-source software (including WordPress). Your use of those third-party services may be subject to their own terms. We are not responsible for the acts, omissions, or terms of third parties.
WordPress, third-party plugins, and themes installed on your site are licensed under their respective licenses (commonly the GPL) by their respective authors. We are not the licensor of that software.
10. Professional Services
Web development, video production, video editing, paid advertising, brand identity, and SEO engagements are delivered under a written statement of work (“SOW”) that describes deliverables, fees, timeline, and any project-specific terms. In the event of a conflict between an SOW and these Terms, the SOW controls for that engagement.
Unless an SOW states otherwise, upon final payment we assign to you all right, title, and interest in the final deliverables we create specifically for you, excluding (a) pre-existing materials, tools, and code we owned or licensed before the engagement, which we license to you on a perpetual, non-exclusive basis as embedded in the deliverables, and (b) third-party materials, which remain subject to their own licenses.
11. Intellectual Property
The Services, including all software, designs, logos, documentation, and the name “New Eve” and product names beginning with “eve,” are owned by New Eve or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
Feedback you provide about the Services is non-confidential, and you grant us a perpetual, royalty-free, irrevocable license to use it without restriction.
12. Confidentiality
Each party may receive non-public information from the other (“Confidential Information”). Each party will use the other party’s Confidential Information only to perform under these Terms and will protect it with reasonable care. Confidential Information does not include information that is publicly known, independently developed, or rightfully received from a third party without confidentiality obligations.
13. Suspension and Termination
You may cancel a subscription at any time from your account dashboard or by emailing [email protected]. Cancellation takes effect at the end of the current billing cycle.
We may suspend or terminate your access to the Services immediately if:
- you materially breach these Terms and do not cure the breach within ten (10) days of written notice (or immediately, for breaches that cannot be cured or that pose an urgent risk);
- your account is more than thirty (30) days past due;
- you violate Section 6 (Acceptable Use); or
- we are required to do so by law or by a credible legal process.
On termination, your right to use the Services ends. We will, on request made within thirty (30) days of termination, make a reasonable effort to provide an export of your Customer Content. After that thirty-day window, we may permanently delete Customer Content.
14. Disclaimers
Except as expressly stated in these Terms, the Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that they will meet your requirements.
15. Limitation of Liability
To the maximum extent permitted by law:
- Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility of such damages.
- Each party’s total cumulative liability arising out of or relating to these Terms or the Services will not exceed the total fees you paid to New Eve for the Service giving rise to the claim during the twelve (12) months immediately preceding the event that gave rise to the claim.
These limits do not apply to your obligation to pay fees, to either party’s indemnification obligations under Section 16, or to liability that cannot be limited under applicable law.
16. Indemnification
You will defend, indemnify, and hold harmless New Eve and its owners, employees, and contractors from and against any third-party claim, loss, damage, liability, or expense (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Content, (b) your use of the Services, or (c) your breach of these Terms.
We will defend, indemnify, and hold you harmless against any third-party claim alleging that the Services, as provided by us and used in accordance with these Terms, infringe a U.S. patent, copyright, or trademark, subject to the limits in Section 15.
17. Force Majeure
Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government action, internet or telecommunications failures, or pandemics.
18. Governing Law and Disputes
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Tulsa County, Oklahoma, for any dispute not subject to arbitration under this section.
Either party may elect to resolve any dispute arising out of or relating to these Terms by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in Tulsa County, Oklahoma, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. Disputes will be brought only in an individual capacity, not as a plaintiff or class member in any class or representative action. If this waiver is found unenforceable, the arbitration provision in this section is void as to the affected dispute.
19. Changes to These Terms
We may update these Terms from time to time. If we make a material change, we will notify you by email or by posting a notice in your account dashboard at least thirty (30) days before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
20. General
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
- Notices. We may send notices to the email address on your account. You may send notices to [email protected] or to the postal address below.
- Independent contractors. The parties are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
- Waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.
- Entire agreement. These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements and understandings on that subject.
21. Contact
New Eve 2608 W Kenosha St, #452 Broken Arrow, OK 74012 Email: [email protected] Phone: (224) 459-0629