Terms Of Service

By submitting the online order form, Customer hereby agrees to the
following:

In consideration for hosting services to be delivered, Customer agrees to be
bound to the following terms:

  • Customer agrees to pay for hosting services rendered in advance of each
    monthly service term.
  • Customer agrees to future automatic payment if a credit card is used unless
    otherwise indicated to WP Web Host.
  • Customer agrees to be bound by the service term selected on the online order
    form or via applicable promotional codes.
  • Customer understands that all domain purchases are non-refundable.
  • Non-Payment of services shall result in a 10-day notice of disconnection.
    All payment failures must be cured within 10 days of notice. Customers failing
    to secure payment within 10 days of notice will incur service interruption.
  • WP Web Host reserves the right to terminate service immediately
    to any subscriber it deems, in its sole discretion, violates any condition of
    service including this Terms of Service.

Prohibited Content and Script

Customers shall not allow the posting, transmission, or storage of data and
content on or through the services which, in WP Web Host’s sole
determination, constitutes a violation of any relevant law, regulation,
ordinance, or court order. Customers shall be responsible for determining what
laws or regulations are applicable to their use of the services. Prohibited
content includes, without limitation, (a) content or code that facilitate
any violation of, or describe ways to violate, this ToS or (b) “harvested”
addresses or information, (c) “phishing” web sites, (d) “link farms”, or (e)
“spamvertising” sites.

Customers shall not use multi-users website creation script, or any script that
automatically scrap content from others, for the content on their website.

System and Network Security

Violations of system or network security are strictly prohibited, and may
result in criminal and civil liability. WP Web Host investigates all
incidents involving such violations and will cooperate with law enforcement
if a criminal violation is suspected.

Examples of system or network security violations include, without
limitation, the following:

  1. Introduction of malicious programs into the network or server (example:
    viruses, worms, Trojan Horses, key loggers, and other executables intended to
    inflict harm).
  2. Effecting security breaches or disruptions of Internet communication and/or
    connectivity. Security breaches include, but are not limited to, accessing data
    of which the Customer is not an intended recipient or logging into a server or
    account that the Customer is not expressly authorized to access. For purposes of
    this section, "disruption" includes, but is not limited to port scans,
    flood pings, email-bombing, packet spoofing, IP spoofing and forged routing
    information.
  3. Executing any form of network activity that will intercept data not
    intended for the Customer’s server.
  4. Circumventing user authentication or security of any host, network or
    account, including “cracking.”
  5. Interfering with or denying service to any user, host, or network other
    than the Customer’s host (example: denial of service attack or distributed
    denial of service attack).
  6. Conduct designed to avoid restrictions or access limits to specific
    services, hosts, or networks, including but not limited to the forging of packet
    headers (“spoofing”) or other identification information.
  7. Using any program script/command, or sending messages of any kind, designed
    to interfere with or to disable, a user’s terminal session, via any means,
    locally or via the Internet.
  8. Failing to comply with the WP Web Host’s procedure relating to
    the activities of Customers on the WP Web Host’s premises. Violators
    of the policy are responsible, without limitations, for the cost of labor to
    correct all damage done to the operation of the network and business operations
    supported by the network. Such labor is categorized as emergency security breach
    recovery and is currently charged at $100.00 USD per hour required. Network
    interference by any Customers that may cause or is currently causing network
    interference with another Customer will be disconnected immediately. No service
    credits will be issued to Customers disconnected for network violations.

Email Policy

Mass Mailings. WP Web Host has a zero stance policy on SPAM, Junk
E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same,
or substantially similar, unsolicited electronic mail messages, whether
commercial or not, to more than one recipient. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message. UCE also includes
e-mail with forged headers, compromised mail server relays, and false contact
information. This prohibition extends to the sending of unsolicited mass
mailings from another service, which in any way implicates the use of WP Web Host
whether or not the message actually originated from our network.

Mailing Lists: WP Web Host’s mass mailing rules also apply to
mailing lists, list servs, or mailing services you may contract with. The policy
is stated as follows: An acceptable mailing list will be focused at a targeted
audience that has voluntarily signed up for your e-mail information or that has
made their e-mail address available for distribution of information from you.
The list must also allow for automatic removal by all end Customers with
non-distribution in the future.

If your actions have caused WP Web Host mail servers or WP Web Host IP address
ranges to be placed on blackhole lists and other mail
filtering software systems used by companies on the internet, you will be
assessed a $100 charge to your account and $25 per hour for administrative
charges incurred to remove and protect mail servers and IP ranges.

Violation of the above terms will result in one or all of the following:

  • A warning from via email or phone.
  • Removal of DNS for the advertised / originating site.
  • Immediate disconnection of service with no re-activation.
  • $100 fee assessed to your account for violation.

Copyright Infringement

WP Web Host hosting accounts may only be used for lawful
purposes. Transmission, distribution, or storage of any information, data or
material in violation of United States or state regulation or law, or by the
common law, is prohibited. This includes, but is not limited to, material
protected by copyright, trademark, trade secret, or other intellectual property
rights. Creating, utilizing, or distributing unauthorized copies of software are
a violation of federal and state law. If you copy, distribute or install the
software in ways that the license does not allow, you are violating federal
copyright law. WP Web Host will cooperate with all law enforcement
agencies in relation to alleged copyright infringement housed in our
datacenters.

Server Resources

Should your account utilize an excessive amount of server resources
(including, but not limited to, CPU processing time, memory usage and network
resources) for a sustained period of time, WP Web Host reserves the
right to request that you either upgrade your web hosting service package or
reduce your account’s use of resources to an acceptable level. WP Web Host
Software will be the sole arbiter of what is considered to be an excessive
amount of server resources. WP Web Host reserves the right to
suspend or shut down any web hosting account deemed to adversely affect server
performance or network integrity. In addition, Customers may not run network-accessible
servers or other daemons from shared hosting accounts. Customer accounts and
data on the shared hosting service should only be made accessible from the
services provided by WP Web Host.

Suspension and Cancellation

WP Web Host reserves the right to suspend service to any Customer
for violation of the Terms of Service. WP Web Host will use
reasonable care in notifying the Customer and in resolving the problem in a
method resulting in the least amount of service interference as reasonably
possible. WP Web Host reserves the right to terminate service
without notice for continued and repeated violations of the ToS. Continued
violations of the TOS resulting in cancellation of services will also result in
a fee in the amount of $100 and contract acceleration for all amounts
outstanding under the contract term.

Service Level Agreement

Network Connectivity*WP Web Host endeavors to have network connectivity available for
HTTP access by third parties 99.5% of each month (”Web Site Availability”). In
the event that there is no Web Site Availability, WP Web Host will
credit the monthly service charge for the Service at the rate of 5% for every 30
minutes past 99.5% availability in a given month. Credits shall not be provided
in the event that there is no Web Site Availability resulting from (i) scheduled
maintenance, (ii) Customer behavior or the performance or failure of Customer
applications, or (iii) circumstances beyond WP Web Host’s reasonable
control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of interruption or
delay in telecommunications or third party services (including DNS propagation).
WP Web Host is not responsible for any additional loss and/or damage
as a result of no Web Site Availability. While WP Web Host attempts
to keep regular backups of data stored on our systems, WP Web Host
does not guarantee the existence, accuracy, or regularity of its backup services
and, therefore, the client is responsible for making backups of data. WP Web Host
does not guarantee that its backup procedures will prevent the
loss of, alteration of, or improper access to our clients’ information.

Ticket Support
WP Web Host guarantees that any client in good standing who submits a support issue
through our online ticket system will receive prompt response and resolution. All
responses to initial ticket submission will be made within 24 hours. As different
issues require varying amounts of time to resolve, WP Web Host guarantees that
open tickets requiring action will be updated and clients notified at least once
every business day. The primary means of this notification by WP Web Host will
be email. Failure to provide adequate email address or details surrounding the
issue will void this guarantee for the specific issue only. Failure of WP Web Host
to abide by this guarantee will result in the client receiving one full month’s
credit applied to their account. This credit is redeemable for WP Web Host services
only and is not refundable as cash for any reason. Client is NOT responsible for
requesting credit as all tickets are time stamped and reviewed daily.

100 Days Money Back Guarantee*
If a client in good standing decides to cancel their services with WP Web Host
within 100 days of account creation, 100% of the paid package price will be refunded
to client with no questions asked. Improper use of WP Web Host’s services or
non-compliance with any WP Web Host terms or agreement will nullify this guarantee.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold WP Web Host
Software harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys’ fees, (”Liabilities”) asserted against
WP Web Host, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by Customer,its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless WP Web Host
Software against Liabilities arising out of any injury to person or property
caused by any products sold or otherwise distributed in connection with WP Web Host’s
service, any material supplied by Customer infringing or
allegedly infringing on the proprietary rights of a third party, copyright
infringement, or any defective product which Customer sold on WP Web Host
Software’s service.

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