1. Eternal Me
  2. Terms of Service
  3. Memorial Hosting Terms of Service

Memorial Hosting Terms of Service

Last Updated: February 16, 2025

The following Memorial Hosting Terms of Service ("Memorial Hosting ToS") supplement and are subject to Eternal Me Corporation's (“Company”) Universal Terms of Service (“UToS”) which are incorporated herein by this reference. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the UToS. In the event of a conflict between these Memorial Hosting ToS and the UToS, these Memorial Hosting ToS shall control. This Memorial Hosting ToS applies to anyone who has registered for an account with the Company, as all accounts include this service.
  1. Products. Company offers a unique web hosting plan which, unlike traditional web hosting, is placed and kept online after an individual passes away. These customer memorial hosting plans (aka "Eternal Memorials" or "Memorials" or "Web Hosting Products") allow Customers to add and configure various personal content such as photos, videos, notes, and other information and files (the "Customer Content") to their Memorial, and to determine whether and what content to make publicly or privately available on the Web to specified invitees after their passing.
    1. Company offers three otions of Eternal Memorials, as determined by your order:
      1. Forever Free - your Memorial goes online for one (1) calendar year after your passing
      2. Forever Free - with purchased upgrades - your Memorial goes online for 10 or 100 years after your passing
      3. Eternal Plan - your Memorial goes online for perpetuity after your passing
    2. With either option, upon your passing, the Company will:
      1. Validate your death certificate and mark your account as deceased
      2. Verify the identity of your Executor by requiring photo identification or other documents, in our discretion
      3. Your Memorial website will activated either publicly or privately, as you've configured in your Eternal Dashboard.
        1. Public Memorials are accessible publicly to anyone on the internet
        2. Private Memorials are only available to people who you grant access to via your Eternal Dashboard.
      4. Your verified Digital Executor shall be granted access to your Memorial, where they can take the following actions:
        1. Add an Obituary, funeral info, and final resting place location
        2. Moderate or remove Comments left on your Memorial (if you've enabled Comments)
        3. Make other changes to your Memorial only with your specific advanced instructions
      5. In the event that Company cannot establish contact with your Executor or if Company cannot verify the identity of your Executor within thirty (30) days after your passing using reasonable efforts, Company will attempt to contact any Successor Executors that you have defined in your Eternal Dashboard. If you have not defined, or Company cannot establish contact or verify your Successor Executor(s) within an additional thirty (30) days, no further attempts will be made. Executors may still contact Eternal Me for verification.
  2. Signup, Fees and Auto-Renewal. By signing up for any Eternal Me plan, customer agrees to any applicable fees as specified in their order ("Web Hosting Product Fee"), for the applicable Web Hosting Product on the Website(s) or within the Customer Account (i.e., via Company’s Portal or account management panel ("AMP")). Any Web Hosting Product Fee will automatically renew upon expiration of the then current term for a renewal period equal in time to the most recent service period unless specified by Customer in AMP. See UToS for more information on auto renewals.
  3. Product Features and Implementations.
    1. Content Displayed. Only content that user has specifically placed within their Eternal Memorial, by configuring through the Eternal Dashboard, will be available online. Private files stored in the Eternal Vault, specific Asset Bequests or other information is kept strictly private and offline.
    2. As part of the signup process, Customer will select, or be provided with a unique domain name system identifer ("DNS", aka "Eternal Address"), which translates domain names into an internet protocol ("IP") address to allow browsers to load Internet resources. Customer acknowledges and agrees that any resources utilized to deliver services may be shared by Company between Customers located on the same Company servers.
    3. Use of the term “Unlimited”. While Company may offer unlimited disk space and bandwidth for an applicable Web Hosting Product, Customer acknowledges and understands the purpose of the applicable Web Hosting Product is solely to host Memorial websites and associated data. Use of the applicable Web Hosting Product for any other online file storage with data unrelated to a Customer memorial is prohibited.
    4. Customer acknowledges and understands certain hosting plans are on shared hosting platforms, and to ensure fast and reliable delivery Web Hosting Product service, Customer agrees that if Customer Content that adversely affects Company’s servers or its network performance must be immediately modified or corrected, or Customer will be asked to upgrade to a different web hosting product as determined by the Company.
    5. Provisions Specific to SSL
      1. Company will generate and securely store private SSL keys. For security reasons, at no time will Company release Customer keys.
      2. Company does not permit exporting SSL certificates for use on a non-Company server
      3. Company will automatically validate, issue and install the new certificate at regular intervals.
  4. Internet Protocol ("IP") Address Ownership. If Company assigns Customer an IP address for Customer’s use, the right to use that IP address shall belong only to Company, and Customer shall have no right to use that IP address except as permitted by Company in its sole discretion in connection with the Products, during the Term. At all times, Company shall own and control ownership of all IP numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such IP numbers and addresses, in its sole discretion. Customer acknowledges and agrees that as a normal course of business, it may be necessary for Company to migrate servers which may result in assigned dedicated IPs to be assigned to a different IP number. Company does not warrant that Customer will be able to consistently maintain any given IP numbers.
  5. Backups and Caching. Customer expressly grants to Company a license to backup and/or cache the entirety of the Customer Content and agrees that such backups and/or caching are not an infringement of any of Customer Content. Backups are usually retained for thirty (30) days before automatic removal.
  6. CPU Usage. Customer agrees that Customer shall not use excessive amounts, as defined by Company in its sole discretion, of CPU processing on any of Company’s servers. Any violation of this term may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and any Products, or termination of the Agreements, which actions may be taken in Company’s sole discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
  7. Bandwidth and Disk Usage. Company shall provide Customer with a large volume of bandwidth, disk space, and other resources as defined in the applicable Product offering. The Products are intended for reasonable, as determined by the Company, business use only. Any activity that results in excessive usage inconsistent with reasonable usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Products (the “Agreed Usage”). These allotments are optimized and dedicated towards serving the Customer Content. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer Content. Company will monitor Customer’s bandwidth and disk usage. Company, in its sole discretion, shall have the right to take any corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include but is not limited to the assessment of additional charges, disconnection or discontinuance of any and any Products, removal or deletion of Customer Content and/or other materials or termination of the Agreements, which actions may be taken in Company’s sole discretion. If Company takes any such corrective action, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules, and regulations regarding Customer Content.
  8. Account Limitations.
    1. Free Products Credits. Upon termination of the Agreement, all free products provided by Company will be canceled or revoked.
  9. Service Uptime Guarantee.
    1. After purchase of paid service, Customer may contact Customer Support to have their service uptime checked no more than once within a 30-day period. If Customer's service has a physical downtime that is not within the 99.99% uptime guarantee, Customer may receive one month of credit on Customer’s account.
    2. If an approved downtime event is reported following a check, Customer must request (in writing) credit within one (1) week of receiving notification of such a report. To request a credit, please create a ticket with Company support department or email support@eternal.me with justification. Approval of the credit is at the Company’s sole discretion and dependent upon the results of the check performed by Company.
    3. Third-party monitoring service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity and reliability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
    4. Neither scheduled downtime for server maintenance nor downtime caused by unavoidable acts of God, nor by third-party digital or physical attacks on Company networks, such as direct denial of service (DDoS) attacks, or other forms of hacking, count as downtime.
    5. Interruptions in service caused by Customer misuse of Product are not eligible to be counted against downtime.
  10. Operating Software. Hosting Services may be operated in different versions of Linux® environments, either on physical or virtual hosting platforms.

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