Terms and conditions of service
Last updated: 18th July 2022
Thank you for visiting WP Websites.
Please read this document carefully as it is the terms and conditions of the services of WP Websites and it forms the agreement between yourself (the customer) and myself (WP Websites).
Contents
Terms and conditions of service
Account Eligibility
WP Websites Content
User Content
Prohibited Persons (Countries, Entities, And Individuals).
Account Security and WP Websites Systems.
Legal
Compatibility with the Services
Billing and Payment Information
Multiple Accounts.
Payment
Autorenewal
Taxes
Late Payment
Domain Payments
Fraud
Invoice Disputes
Your Order Cancellation Rights
Domains
Termination
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
Price Change
Limitation of Liability
Indemnification
Disclaimer
Backups and Data Loss
Limited Warranty
Disclosure to Law Enforcement
Entire Agreement
Changes to the Agreement or the Services
Force Majeure
Electronic Notices
Contact Me
These Terms of Service (the “Agreement”) are an agreement between WP Websites (or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by WP Websites and of the wpwebsites.net website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Services.
Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including a phone number. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file or SMS. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. WP Websites is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please do so via the client area login. Providing false contact information of any kind may result in the termination of your account.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
WP Websites Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “WP Websites Content”), are the proprietary property of WP Websites. WP Websites Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any WP Websites Content. Any use of WP Websites Content, other than as specifically authorised herein, is prohibited and will automatically terminate your rights to use the Services and any WP Websites Content. All rights to use WP Websites Content that are not expressly granted in this Agreement are reserved by WP Websites.
User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to WP Websites that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not host gambling, porn, spam, terrorism, torrents or any other illegal or morally objectionable websites. You will be asked to change your site or terminate your use of our services.
You may not use your /home/ directory as a location to place backups. Including cPanel/WHM/Third Party applications. You should have a dropbox set up with your own backups for you to access and you need to ensure that you keep it within storage limits so that it keeps backing up the website. Also, the care package that you have purchased will do a separate back up so that you and I both have separate backups.
You may not use your hosting as a video hosting service.
Solely for purposes of providing the Services, you hereby grant to WP Websites a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, WP Websites does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
WP Websites exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through WP Websites’s computers, network hubs and points of presence or the Internet. WP Websites does not monitor User Content. However, you acknowledge and agree that WP Websites may, but is not obligated to, immediately take any corrective action in WP Websites’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that WP Websites shall have no liability due to any corrective action that WP Websites may take.
Prohibited Persons (Countries, Entities, And Individuals).
WP Websites is a reseller of services from US companies. The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, WP Websites also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
Account Security and WP Websites Systems
All customers not using a care package are responsible for their own updates and maintanance. If it is not undertaken every month at least, then the website could be compromised (hacked) and the site will be terminated because it with threaten the other sites on the hosting.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorised customer use. WP Websites may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. WP Websites may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by WP Websites of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, WP Websites may clean-up your account for an additional fee.
WP Websites reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Legal
You are solely responsible for any applicable compliance with local, federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. WP Websites does not control or monitor the information or data you store on, or transmit through, the Services. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination.
Compatibility with the Services
You agree to cooperate fully with WP Websites in connection with WP Websites’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, WP Websites is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by WP Websites to provide the Services, which may be changed by WP Websites from time to time in our sole discretion.
Billing and Payment Information
Multiple Accounts
Users may not have multiple accounts.
Payment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services and for convenience, the payment is applied to the month in which it is paid, i.e. you pay in may, that is mays’ payment. Automatic payments should be set up on the first payment and an invoice will be sent 5 days before its due. If the automatic payment has been set up, then no further action is necessary. If a payment is late, then a late notice will be issued. Fees will be added to late payments.
Autorenewal
Unless otherwise provided, you agree that until and unless you notify WP Websites of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or paypal.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to WP Websites’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, WP Websites may suspend or terminate your account and pursue the collection costs incurred by WP Websites, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.
Domain Payments
Domain renewal notices are provided as a courtesy reminder and WP Websites is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date. It is advised that you renew it before that date
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. WP Websites may report any such misuse or fraudulent use, as determined in WP Websites’s sole discretion, to governmental and law enforcement authorities.
Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by WP Websites. If you have any questions concerning a charge on your account, contact WP Websites directly.
Your Order Cancellation Rights
You are entitled to cancel Your Order before payment is made.
The deadline for cancelling an Order is before payment is made.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
By visiting this page on our website: http://www.wpwebsites.net/contact
Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Termination
WP Websites may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm WP Websites or others or cause WP Websites or others to incur liability, as determined by WP Websites in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, WP Websites shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, WP Websites may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage
All use of hosting space provided by WP Websites is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. It may not be used as a video hosting website. WP Websites expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or ‘reasonable use’. WP Websites may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of WP Websites’s terms and conditions.
Price Change
WP Websites reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by WP Websites through the user billing tool or through other methods of communication, including notices sent or posted by WP Websites
Limitation of Liability
IN NO EVENT WILL WP Websites ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WP Websites IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WP Websites’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WP Websites FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend and hold harmless WP Websites, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Disclaimer
WP Websites shall not be responsible for any damages your business may suffer. WP Websites makes no warranties of any kind, expressed or implied for the Services. WP Websites disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by WP Websites.
Backups and Data Loss
Your use of the Services is at your sole risk. WP Websites’s backup service runs once a night and overwrites any of our previous backups. Only one week of backups are kept at a time. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nighly backups. WP Websites is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on WP Websites’s servers.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WP Websites AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. WP Websites AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WP Websites AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
WP Websites may disclose any and all User information that is collected to law enforcement agencies for the purposes of an investigation, request, or otherwise without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies Additionally, your information may be disclosed pursuant to our Privacy Policy.
Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Changes to the Agreement or the Services
WP Websites may modify, add, or delete portions of this Agreement at any time. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
WP Websites reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Electronic Notices
The communications between you and WP Websites use electronic means, whether you visit the Platform or send WP Websites e-mails, or whether WP Websites posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from WP Websites in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that WP Websites provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Contact Me
If you have any questions about these terms and conditions, please contact me