These Terms of Service (the Agreement) are an agreement between WPMU Hosting and you ( User or client or you or your). This Agreement sets forth the general terms and conditions of your use of the products and services made available by WPMU Hosting and of the websites (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 authorized 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 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, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. WPMU Hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.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, you may utilize the WPMU Hosting Client Area Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied. 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. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization. The Service and any data you provide to WPMU Hosting is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located. Prohibited Persons (Countries, Entities, And Individuals) - 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, WPMU Hosting 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.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our support department to receive a price quote. In no event shall WPMU Hosting be held liable for any lost or missing data or files resulting from a transfer to or from WPMU Hosting. You are solely responsible for backing up your data in all circumstances.
WPMU Hosting CONTENT AND USER CONTENT
WPMU Hosting 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, WPMU Hosting Content), are the proprietary property of WPMU Hosting or WPMU Hosting licensors. WPMU Hosting 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 WPMU Hosting content. Any use of WPMU Hosting content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any WPMU Hosting content. All rights to use WPMU Hosting content that are not expressly granted in this Agreement are reserved by WPMU Hosting and WPMU Hosting licensors.
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 WPMU Hosting 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. Solely for purposes of providing the Services, you hereby grant to WPMU Hosting 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, WPMU Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. WPMU Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through WPMU Hosting computers/servers, network hubs and points of presence or the Internet. WPMU Hosting does not monitor User Content. However, you acknowledge and agree that WPMU Hosting may, but is not obligated to, immediately take any corrective action in WPMU Hosting 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 WPMU Hosting shall have no liability due to any corrective action that WPMU Hosting may take.
THIRD PARTY PRODUCTS AND SERVICES
WPMU Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. WPMU Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. WPMU Hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction. WPMU Hosting as Reseller or Licensor - WPMU Hosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ( Non-WPMU Hosting Products ). WPMU Hosting shall not be responsible for any changes in the Services that cause any Non-WPMU Hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-WPMU Hosting Products, either sold, licensed or provided by WPMU Hosting to you will not be deemed a breach of WPMU Hosting obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-WPMU Hosting Product are limited to those rights extended to you by the manufacturer of such Non-WPMU Hosting Product. You are entitled to use any Non-WPMU Hosting Product supplied by WPMU Hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-WPMU Hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-WPMU Hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations. Third Party Websites - The Services may contain links to other websites that are not owned or controlled by WPMU Hosting ( Third Party Sites ), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ( Third Party Content ). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
ACCOUNT SECURITY AND WPMU Hosting SYSTEMS
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 authorized Client use. WPMU Hosting 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. WPMU Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by WPMU Hosting of an issue, we reserve the right to leave access to services disabled. WPMU Hosting 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.
IMPORTANT NOTE - WPMU Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content ( legal pornography is allowed to be hosted on Kansas City Missourri servers ), illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WPMU Hosting to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (legal pornography is allowed to be hosted on Kansas City Missourri servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Script/CGI Usage Policy - Our servers are not your testing platforms though we realize many folks will be developing sites which is allowed. User accounts are on high performance live production server(s) which may be responsible for maintaining many accounts. Your server space is being provided to display your product to the web - NOT for testing purposes. Any script that the on duty administrator deems to be potentially threatening to the overall performance of our web server(s) will be terminated immediately and your account access will be locked out. When scripts are executed that are potentially harmful to the server in the long term, the offending account will be terminated immediately without a refund of any pre-paid fees. A termination includes the purging of all files. Note: we almost always will provide for download the last full WHM/cPanel backup we have of any terminated account complimentary. Exceptions are phishing sites and the like which will never be included in a backup. Please note the following cgi usage policies: Scripts may not interact with any server configuration or hardware configurations. Users running scripts that interact with any server configuration or any hardware configuration will be subject to immediate cancellation of the user account without refund. The script can be used and referenced from any site on the Net (i.e. free counters, etc.); however, scripts must stay within the allowable usage of system resources. Users using more resources than a user account is entitled to use will be assessed additional monthly charges i.e. disk space, bandwidth etc. The script must be executed in a timely fashion. Scripts must be secure. Unnecessarily chmoding scripts to 777 is a policy violation. Placing scripts in a publicly viewable directory (one without an index.html files) is also a policy violation as stated and incorporated herein. Any accounts with scripts found in violation of any WPMU Hosting policy are subject to future scrutiny of all scripts/cgi by our system administrator. If a script is found to be harmful to the system, it will be killed immediately and the account locked until the account owners have been contacted. Any time spent by WPMU Hosting to kill a script and/or to lock an account will be billed to the account at a rate of $80.00 per hour. Malicious scripts are subject to immediate account cancellation.
DISK SPACE ABUSE/BANDWIDTH ABUSE
Disk space allocation is chosen by the Client when choosing their hosting plan. If a site uses over it's allotment of disk space for its type of account occasionally, the Client will be charged an additional 1 cents (one cent) per MB over allotment per month. If a site is using more than its disk space allotment regularly, then the Client will be encouraged to upgrade their plan to a higher plan with more disk space in an effort to offset the extra disk space charges. BANDWIDTH - The official WPMU Hosting policy is to provide enough monthly bandwidth so that any site using normal resources will be able to perform without a problem. If a site uses over it's allotment of bandwidth for its type of account occasionally, the Client/Client will be charged an additional 10 cents per GB over allotment per month. If a site is popular enough that is using more than its bandwidth allotment regularly, then the Client/Client is expected to be responsible for higher charges based on the amount of data transfer. The Client/Client acknowledges, in advance, that he/she will be charged an additional 20 cents per GB if the bandwidth exceeds the allotment for the users account and will be encouraged to upgrade their plan to a higher plan with more bandwidth in an effort to offset the extra bandwidth charges. The Client will be e-mailed a notice once an additional amount is assessed to the Client account. Warnings will not be sent to notify Client that the limit has been reached or exceeded. This term and condition is non-negotiable. Clients have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service. Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. WPMU Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Clients agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Clients agree that WPMU Hosting hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of WPMU Hosting notice to Client that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Client agrees to cooperate with WPMU Hosting reasonable investigation of any suspected violation of the AUP. In the event of a dispute between WPMU Hosting and Client regarding the interpretation of the AUP, WPMU Hosting commercially reasonable interpretation of the AUP shall govern.
Client represents and warrants to WPMU Hosting that the information he, she or it has provided and will provide to WPMU Hosting for purposes of establishing and maintaining the service is accurate. If Client is an individual, Client represents and warrants to WPMU Hosting that he or she is at least 18 years of age. Periodically it may become necessary to contact the customer. If the information provided to us is not current, it may lead to customers failing to receive notices. The Client is responsible for keeping records current at all times. WPMU Hosting may rely on the instructions of the person listed as the Primary Client Contact on the Order with regard to Client's account until Client has provided a written notice changing the Primary Client Contract.
UNSOLICITED EMAIL & SPAMMING
Customer represents and warrants to My Company that the information he, she or it has provided and will provide to My Company for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to My Company that he or she is at least 18 years of age. My Company may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. WPMU Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through WPMU Hosting ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
All Clients of WPMU Hosting must abide by all the terms set forth in this document and all other policies. Violation of any of these terms can and will result in the immediate termination of an account. Billing/Invoicing will be made 10 days before/prior to the actual due date and/or on due date itself. Due date is the actual day of the month you signed up for a specific product and/or service - unless it is a non-recurring product or service transaction then of course no further billing is initiated. At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan chosen by the Client/Client during signup. We accept PayPal and Credit Card. There are no contract periods but for each successive period, your account/services are automatically renewed unless we are notified otherwise. WPMU Hosting is not responsible for actions that are taken as a result of Client's failure to respond to WPMU Hosting notifications, invoicing, and related notifications.
Due to security reasons - cancellations will only be accepted if it is done by ONE of the following methods: 1. The Client may submit his/her virtual authorization by requesting cancellation on-line via the ticket system or in the client area. 2. The Client may call in a cancellation request to 623-759-2498. The request must include the following information account name, domain name and password
RESULT OF A CANCELLATION When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account if made by telephone ~or~ as chosen by the client in the client area i.e. end of billing period ~or~ immediately. In the end, WPMU Hosting will remove all files. This may include unread e-mail left on WPMU Hosting servers.
REFUNDS WITHIN THE FIRST 30 DAYS OF SERVICE If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees except overages if any. This 30 day policy shall include the 30th day. Any over usage fees including but not limited to additional bandwidth will not be refunded. *Note: The 30 day money back guarantee for obvious reasons does NOT apply to Dedicated Servers, VPS Accounts nor Domain Name registration fees which are all nonrefundable.
REFUNDS OUTSIDE OF THE FIRST 30 DAYS All services rendered to date will be billed and must be paid. Refunds will be issued only as indicated above. Accounts established under prepaid contracts are normally offered a discount. If cancellation of a prepaid contract occurs before the prepaid term expires, the discount will be voided and each month of service used will be billed at the regular monthly rate. If prepayment funds remain after payment of the monthly rate for each month of service used, a refund will be issued. Refunds are only valid from the date of the official cancellation request.
TECHNICAL SUPPORT BOUNDARIES
WPMU Hosting provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our WHM and/or cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Client agrees to indemnify and hold harmless WPMU Hosting, WPMU Hosting's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Client's services in violation of applicable law or the AUP by Client or any person using Client's log on information, regardless of whether such person has been authorized to use the services by Client.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS WPMU Hosting AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WPMU Hosting'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE Client INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO Client FROM WPMU Hosting'S SERVER.
DISCLAIMER OF WARRANTIES
WPMU Hosting does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law WPMU Hosting disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
LIMITATION OF DAMAGES
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of WPMU Hosting and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by Client for the initial service term.
SUSPENSION OF SERVICES/TERMINATION
Client agrees that WPMU Hosting may suspend services to Client without notice and without liability if: (i) WPMU Hosting reasonably believes that the services are being used in violation of the AUP; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) WPMU Hosting reasonably believes that the suspension of service is necessary to protect its network or its other Clients, or (iv) as requested by a law enforcement or regulatory agency. Client shall pay WPMU Hosting reasonable reinstatement fee if service is WPMU Hosting following a suspension of service under this subsection.
The Agreement may be terminated by Client prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if WPMU Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Client's written notice describing the failure in reasonable detail. The Agreement may be terminated by WPMU Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Client is overdue on the payment of any amount due under the Agreement; (ii) Client materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from WPMU Hosting describing the violation in reasonable detail; (iii) upon one (1) days notice if Client's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Client violates Section 5 (Client Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
REQUEST FOR CLIENT INFORMATION
Client agrees that WPMU Hosting may, without notice to Client, (i) report to the appropriate authorities any conduct by Client or any of Client's Clients or end users that WPMU Hosting believes violates applicable law, and (ii) provide any information that it has about Client or any of its Clients or end users in response to a formal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
BACK UP COPY
Client agrees to maintain a current copy of all content hosted by WPMU Hosting not with standing any agreement by WPMU Hosting to provide back up services.
REQUEST FOR RESTORE OF HOSTING PACKAGE
During any monthly billing cycle, Client may request up to one free restore for any reason of choice. If a Client should need to request a restore after this a $5 one time fee may be enforced.
CHANGES TO WPMU Hosting'S NETWORK
Upgrades and other changes in WPMU Hosting's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Client's hosted content and/or applications. WPMU Hosting reserves the right to change its network in its commercially reasonable discretion, and WPMU Hosting shall not be liable for any resulting harm to Client.
Notices to WPMU Hosting under the Agreement shall be given via electronic mail to the e-mail address posted for Client support. Notices to Client shall be given via electronic mail to the individual listed as the Primary Client Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Client may change his, her or its notice address by a notice given in accordance with this Section.
WPMU Hosting shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond WPMU Hosting's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Arizona, exclusive of its choice of law principles, and the laws of the State Of Arizona, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Client's purchase order or other business forms are not binding on WPMU Hosting unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the Clients of resellers are third party beneficiaries to the Agreement. Client may not transfer the Agreement without WPMU Hosting's prior written consent. WPMU Hosting's approval for assignment is contingent on the assignee meeting WPMU Hosting's credit approval criteria. WPMU Hosting may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
PROMOTIONAL RATES & SPECIAL OFFERS
My Company may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first months payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
All files stored on WPMU Hosting's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELLATION OF SERVICE
WPMU Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WPMU Hosting if we institute our rights of cancellation. Any violation of policies which results in extra costs are billed to YOU.
PROMOTIONAL RATES & SPECIAL OFFERS
WPMU Hosting may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first months payment. As a result of this our promotions are not refundable and are not covered by our 30-day money back guarantee.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through WPMU Hosting's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use WPMU Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the WPMU Hosting network. If YOU use a domain name in connection with WPMU Hosting or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Clients may not use the WPMU Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. WPMU Hosting will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any Client orders, and for handling any Client inquiries or complaints arising there from.
YOU are also responsible for the security of any Client credit card numbers and related Client information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
STATIC & DYNAMIC CONTENT CACHING
(i) grant to WPMU Hosting a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by WPMU Hosting under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
WPMU Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by WPMU Hosting. WPMU Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
YOU agree to pay WPMU Hosting prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the WPMU Hosting price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. WPMU Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from WPMU Hosting to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by WPMU Hosting) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to WPMU Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. WPMU Hosting will reinstate YOUR domain name registration solely at WPMU Hosting's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from WPMU Hosting
WPMU Hosting reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and WPMU Hosting will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
WPMU Hosting reserves the right to refuse service to anyone. YOU may only use WPMU Hosting server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: 'Pirated Warez', OGG, AVI, MPEG, ISO, 'Hacker programs or archives', 'Copyrighted Digital Movie Copies (DIVX)' and 'Unlicensed MP3'. The designation of any materials as such described above is left entirely to the discretion of WPMU Hosting management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that WPMU Hosting may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Apache Junction, Arizona, and any dispute will be litigated or arbitrated in Apache Junction, Arizona. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Arizona courts. IN NO EVENT SHALL WPMU Hosting'S MAXIMUM LIABILITY EXCEED AMOUNT CLIENT PAID FOR SERVICE.
WPMU Hosting follows the strict guidelines of our Client privacy statement. Please make sure you understand this statement fully.