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Last Updated: August 4th, 2025 (Version 2.0)
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY
BY SIGNING UP FOR, ACCESSING, OR USING ANY SERVICES PROVIDED BY WP FARM HOSTING LLC, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
This Agreement contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. It includes:
If you do not agree to these Terms of Service, do not use our Services. Your use of our Services constitutes acceptance of these Terms.
By clicking “I have read and agree to the Terms of Service”, creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all policies incorporated by reference.
This User Agreement (“Agreement”) is an agreement between WP Farm Hosting LLC (“Company”) and the party set forth in the related order form (“Customer” or “You”) incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the “Services”).
PLEASE READ THIS AGREEMENT CAREFULLY.
BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY’S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
Under this Agreement, Customer shall comply with Company’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Company does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under this Agreement, You will be responsible for Your customers’ content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer’s customers due to any corrective action that Company may take (including, without limitation, disconnection of Services).
a. The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”. i. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel, you acknowledge, agree and authorize WP Farm Hosting LLC to continue billing your credit card and you remain responsible for any uncollected amounts. ii. Additionally, in an effort to ensure your domain registration renewal processes successfully, WP Farm Hosting LLC may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.
b. This Agreement may be terminated i. by either party by giving the other party thirty (30) days prior written notice subject to a minimum $50.00 charge as an early cancellation fee payable by Customer, ii. by Company in the event of nonpayment by Customer, iii. by Company, at any time, without notice, if, in Company’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Company’s sole and absolute discretion and/or judgment, could disrupt, Company’s business operations and/or iv. by Company as provided herein.
c. If You cancel this Agreement, upon proper notice to Company, prior to the end of the Initial Term or any Term thereafter, i. You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; ii. Company may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, design services, and any discount applied for prepayment, provided that, You are not in breach of any terms and conditions of this AUP, User Agreement, Spamming Policy or Domain Policy; and/or iii. You shall be obligated to pay one hundred percent (100%) of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective thirty (30) days after receipt by Company, unless a later date is specified in such request.
d. Company may terminate this Agreement, without penalty, i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or ii. immediately, if Company determines that Customer’s use of the Services, the Web site or the Customer Content violates any Company term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Company cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer’s use of the Services disrupts our network, Company shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and Company shall have the right to charge You an administrative fee of a minimum of $50.00.
e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 2(e), 3, 4, 10, 11, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which Company may be entitled.
a. Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
b. Customer will cooperate fully with Company in connection with Company’s performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under this Agreement will extend the time for Company’s performance of its obligations that depend on Customer’s performance on a day for day basis. Customer will notify Company of any change in Customer’s mailing address, telephone, electronic mail or other contact information.
c. Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
d. Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Company to provide the Services, as the same may be changed by Company from time to time. Specifications for the hardware and software used by Company to provide the Services will be available on Company’s Web site. Customer shall periodically access Company’s Web site to determine if Company has made any changes thereto. Company shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Company to provide the Services.
e. Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
f. Optional Backup Services. While Company offers automated backup services (daily, weekly, and monthly backups to cloud storage), these are provided as a convenience feature only. Customer acknowledges that:
g. Security Responsibilities. Customer must implement and maintain reasonable security measures including:
a. Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term thereafter Customer will ensure that: i. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any Person; ii. Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated; iii. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and iv. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
b. Customer shall be solely responsible for the development, operation and maintenance of Customer’s web site, online store and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer’s products, including, without limitation i. the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ii. ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and iii. ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
c. Customer grants Company the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
d. In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer’s behalf by anyone acting as Customer’s agent, and transactions entered into by anyone who uses Customer’s account, whether or not the transactions were on Customer’s behalf.
e. AI-Generated Content. Customer represents and warrants that any AI-generated content complies with all applicable laws, does not infringe any third-party rights, and is clearly identified as AI-generated where required by law or regulation. Customer remains fully responsible for all AI-generated content as if it were human-created.
Customer hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
a. digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
b. make archival or back-up copies of the Customer Content and the Customer Web site.
c. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
d. Company, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer Content and/or web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Company shall not be liable to Customer for any loss or damages that may result from such conduct.
a. Customer will pay to Company the service fees for the Services in the manner set forth in the Order Form.
b. Company may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term.
c. The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Company’s net income). All such taxes will be added to Company’s invoices for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
d. Unless otherwise specified, all fees and related charges shall be due and payable within thirty (30) days after the date of the invoice. If any invoice is not paid within seven (7) days after the date of the invoice, Company may charge Customer a late fee of $15.00 for; in addition any amounts payable to Company not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
e. If Company collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Company prevails in any action to which the Customer and Company are parties, Customer will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Company’s reasonable attorneys’ fees.
f. If any check is returned for insufficient funds Company may impose a minimum processing charge of $25.00.
g. In the event that any amount due to Company remains unpaid seven (7) days after such payment is due, Company, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.
h. There may be a minimum $50.00 charge to reinstate accounts that have been suspended or terminated.
i. Wire transfers will be assessed a minimum $35.00 charge.
j. There may be a minimum $35.00 charge to for all credit card chargebacks.
k. Customer acknowledges and agrees that Company may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
l. YOU ACKNOWLEDGE, AGREE AND AUTHORIZE COMPANY TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION 2.
m. Personal Guarantee. For business accounts, the individual signing up for Services personally guarantees payment of all fees and charges.
n. Collection Costs. Customer agrees to pay all collection costs, including attorney fees up to 40% of the amount owed, plus court costs and filing fees.
o. Disputed Charges. Disputing charges does not suspend Customer’s payment obligations. All undisputed portions must be paid immediately.
Company is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Company Product”). Company shall not be responsible for any changes in the Services that cause the Non-Company Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Company Product either sold, licensed or provided by Company to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Company’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Company Product are limited to those rights extended to Customer by the manufacturer of such Non-Company Product. Customer is entitled to use any Non-Company Product supplied by Company only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Company to Customer through any Non-Company Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Company Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
If Company assigns Customer an Internet Protocol (“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 and absolute discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Customer expressly
a. grants to Company a license to cache the entirety of the Customer Content and Customer’s web site, including content supplied by third parties, hosted by Company under this Agreement and
b. agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.
a. Resource Limits. Customer agrees not to exceed the following resource limits:
b. Prohibited Resource-Intensive Activities:
c. Corrective Actions. Any violation of resource limits may result in:
Company provides generous allocations of bandwidth, disk space, and related resources such as email and file-transfer-protocol (“FTP”) accounts. These resources are intended strictly for standard, day-to-day use tied directly to the operation of Customer’s website and related email services hosted by Company. Excessive usage inconsistent with typical usage patterns is not allowed. Customer agrees not to exceed the resource limits defined in their plan (the “Agreed Usage”). Bandwidth and disk resources must be used solely for the hosting of Customer’s website, content, and email, and not for unrelated purposes such as offsite backups, file distribution, or third-party provisioning services. Company actively monitors usage and reserves the right, at its sole discretion, to take corrective action if Customer exceeds the Agreed Usage or misuses resources. Corrective actions may include, but are not limited to assessment of additional charges, temporary suspension or throttling of services, removal of content, or termination of service.
a. Backup Storage. Automated backup storage (if provided) is separate from Customer’s disk space allocation and is subject to reasonable use limits. Excessive backup storage may result in additional charges or suspension of backup services. Backup storage is not intended for archival purposes or as primary data storage.
To maintain optimal performance and network stability, accounts exceeding bandwidth limits for two consecutive months are automatically upgraded to an appropriate tier. This proactive approach prevents service degradation and ensures infrastructure quality standards are maintained across all customers.
If Customer exceeds their allocated bandwidth limit for two (2) consecutive months, Company reserves the right to:
(i) Automatically upgrade Customer to the next appropriate service tier that accommodates their actual usage patterns;
(ii) Bill Customer at the new tier rate beginning with the next billing cycle;
(iii) Provide written notice via email to Customer’s registered contact address at least seven (7) days before the upgrade takes effect;
(iv) Assess bandwidth overage charges at the rate of $0.75 per GB over the allocated limit during the notice period.
Customer acknowledges and agrees that sustained bandwidth overages indicate inadequate service tier selection and that automatic upgrades serve to maintain optimal performance, network stability, and the premium quality standards expected from our infrastructure. This proactive approach ensures Customer’s website continues to operate at peak performance without service degradation. No refunds or credits will be issued for previous overage charges upon tier upgrade. Customer may request to downgrade their service tier with thirty (30) days written notice, provided usage has remained consistently within the lower tier’s limits for the preceding ninety (90) days.
In addition to the applicable terms and conditions contained herein:
a. If Customer signs up to register and park a domain name with Company, Customer agrees to pay Company the annual fee a set forth on our web site (the “Domain Services”). Customer’s annual billing date will be determined based on the month Customer establishes the Parked Page Services with Company. Payments are non-refundable. If for any reason Company is unable to charge Customer’s payment method for the full amount owed Company for the service provided, or if Company is charged a penalty for any fee it previously charged to Your payment method, Customer agrees that Company may pursue all available remedies in order to obtain payment. Customer agrees that among the remedies Company may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to Customer of Customer’s service. Company reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for Customer.
b. Customer agrees to be responsible for notifying Company should Customer desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of Customer’s intent to terminate must be provided to Company no earlier than thirty (30) days prior to Customer’s billing date but no later than ten (10) days prior to the billing date. In the absence of notification from Customer, Company will automatically continue the Parked Page Services indefinitely and will charge Customer’s payment method that is on file with Company, at Company’s then current rates. It is Customer’s responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event Customer terminates the Parked Page Services, moving their web site off of the Company hosting servers is Customer’s responsibility. Company will not transfer or FTP such web site to another provider. Any change by Customer of their name-server is not deemed cancellation of the Parked Page Services.
c. Company will provide Customer with the Parked Page Services as long as Customer abides by the terms and conditions set forth herein and in each of Company’s policies and procedures.
d. By using any of the Parked Pages Services, Customer agrees that Company may point the domain name or DNS to one of Company’s or Company’s affiliates web pages, and that they may place advertising on Customer’s web page and that Company specifically reserves this right. Customer shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of Customer’s Parked Pages.
e. Customer agrees to indemnify and hold harmless Company for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Company chooses to take to remedy Customer’s improper or illegal use of a web site hosted by Company. Customer agrees it is not be entitled to a refund of any fees paid to Company if, for any reason, Company takes corrective action with respect to any improper or illegal use of the Parked Page Services.
f. If a dispute arises as a result of one or more of Customer’s Parked Pages, Customer will indemnify, defend and hold Company harmless for damages arising out of such dispute. Customer also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Company, that Company, in its sole discretion, may take whatever action Company deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
a. Company hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Services. Customer may not use Company’s technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
b. Company owns all right, title and interest in and to the Services and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems (“Marks”). Nothing in this Agreement constitutes a license to Customer to use or resell the Marks.
Customer agrees to use all Services and any information obtained through or from Company, at Customer’s own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN “COMPANY PERSON”) MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO COMPANY PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING BACKUP SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, COMPLETENESS, OR RESTORABILITY OF BACKUPS. CUSTOMER ACKNOWLEDGES THAT BACKUP SERVICES ARE PROVIDED AS A COURTESY ONLY AND DO NOT CONSTITUTE A DATA PROTECTION GUARANTEE.
a. Company represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Company, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranties shall be for Company, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Company may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
b. The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
a. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE LESSER OF: (i) THE AGGREGATE SERVICE FEES PAID TO COMPANY BY CUSTOMER DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR (ii) $5,000 USD.
b. COMPANY DISCLAIMS ALL LIABILITY FOR INTERRUPTIONS, DELAYS, OR FAILURE TO PROVIDE CONTINUOUS SERVICE, AS WELL AS FOR THE INTEGRITY OF DATA, INFORMATION, OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO, OR LOSS, CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION, OR INADVERTENT DISCLOSURE OF DATA, INFORMATION, OR CONTENT TRANSMITTED, RECEIVED, OR STORED ON ITS SYSTEMS.
c. EXCEPT AS EXPRESSLY STATED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOST PROFITS, REVENUES, LOSS OF DATA, LOSS OF USE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES. MOREOVER, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. The foregoing limitations apply to all claims, regardless of the legal theory under which they arise—whether in contract, tort (including negligence), strict liability, or otherwise—except for claims involving fraud or willful misconduct. These limitations do not affect Customer’s indemnification obligations under this Agreement.
e. Notwithstanding anything to the contrary, COMPANY’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE CLAIM.
f. COMPANY SHALL NOT BE HELD LIABLE FOR CORRECTIVE ACTION TAKEN IN RESPONSE TO CUSTOMER OR RESELLER ACTIVITY THAT IMPACTS OTHER CUSTOMERS OR RESELLER CLIENTS. SUCH ACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, LIMITING SERVICE, SUSPENDING ACCOUNTS, OR IMPLEMENTING SECURITY MEASURES.
g. CUSTOMER ACKNOWLEDGES AND AGREES THAT IT IS SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF DATA TRANSMITTED, RECEIVED, OR STORED USING COMPANY’S SERVICES. CUSTOMER SHALL NOT HOLD COMPANY LIABLE FOR DATA LOSS DUE TO SERVICE INTERRUPTIONS, EQUIPMENT FAILURE, SECURITY BREACHES, OR ANY OTHER CAUSE BEYOND COMPANY’S REASONABLE CONTROL.
h. This limitation of liability represents an informed and voluntary allocation of risk between the parties. The terms of this section shall survive termination or expiration of this Agreement.
Customer agrees to defend, indemnify, and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) 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 and costs) threatened, asserted, or filed by any party against any of the indemnified parties arising out of or relating to:
(i) Customer’s use of the Services
(ii) Any violation by Customer of the AUP or any term of this Agreement
(iii) Any breach of any representation, warranty or covenant of Customer
(iv) Any acts or omissions of Customer or Customer’s end users
(v) Customer’s violation of any applicable laws or third-party rights
(vi) Any regulatory fines or penalties due to Customer’s content or activities
(vii) Any damages awarded against Company due to Customer’s actions
(viii) Vicarious liability for Customer’s end users’ actions
This indemnification obligation survives termination of this Agreement indefinitely and includes the obligation to pay Company’s attorneys’ fees and all costs of defense.
a. Purpose. This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and WP Farm Hosting LLC. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. Please read this Arbitration Agreement carefully. It provides that all disputes between you (sometimes referred to as “Customer”) and WP Farm Hosting LLC (sometimes referred to as “Company”) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law). For the purpose of this Arbitration Agreement, “WP Farm Hosting LLC” means WP Farm Hosting LLC and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and WP Farm Hosting LLC regarding any aspect of your relationship with WP Farm Hosting LLC, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
b. WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
c. Pre-Arbitration Dispute Resolution. For all Disputes you must first give WP Farm Hosting LLC an opportunity to resolve the Dispute by emailing a written notification to our support team. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If WP Farm Hosting LLC does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
d. Arbitration Procedures. If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or WP Farm Hosting LLC may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with WP Farm Hosting LLC, the Terms of Service, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
e. Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
f. Location of Arbitration. You may initiate arbitration in either Los Angeles, CA, or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that WP Farm Hosting LLC initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.
g. Payment of Arbitration Fees and Costs. Whichever party initiates arbitration shall pay all arbitration filing fees and arbitrator’s costs and expenses. Thereafter, each party shall be responsible for their respective fees, costs and expenses incurred in the arbitration, as determined by the arbitrator, including, but not limited to, their own attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with WP Farm Hosting LLC as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from WP Farm Hosting LLC your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
h. Class Action Waiver. The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and WP Farm Hosting LLC specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Member of WP Farm Hosting LLC and/or user of WP Farm Hosting LLC services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
i. Limitation of Actions. Any claim must be brought within ONE (1) YEAR after the cause of action arises.
j. Fee Shifting. For claims under $10,000, if the arbitrator finds the claim frivolous, the losing party pays all arbitration costs and the prevailing party’s attorney fees.
k. Intellectual Property Carve-Out. Notwithstanding the arbitration requirement, either party may seek injunctive relief in court for intellectual property violations.
a. Compliance with Data Protection Laws. Company shall comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for EU residents and the California Consumer Privacy Act (CCPA) for California residents.
b. Data Processing. Company processes personal data in accordance with its Privacy Policy, which is incorporated herein by reference. Company acts as a data processor for Customer’s personal data and will process such data only in accordance with Customer’s documented instructions.
c. Data Security. Company implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
d. Data Breach Notification. In the event of a data breach affecting Customer’s personal data, Company will:
e. Cross-Border Data Transfers. Company may transfer personal data internationally. Such transfers will be protected by appropriate safeguards, such as Standard Contractual Clauses or other mechanisms approved by relevant data protection authorities.
f. Data Retention and Deletion. Company will retain Customer data only for as long as necessary to provide the Services. Upon termination of this Agreement, Company will delete or return all Customer data within 30 days, unless longer retention is required by law.
g. Data Processing Amendment. Customer acknowledges Company as Data Processor and agrees that:
a. DMCA Policy. Company respects the intellectual property rights of others and expects its users to do the same. Company will respond to notices of alleged copyright infringement that comply with the DMCA.
b. Designated Agent. Notices of claimed copyright infringement should be sent using our provided DMCA form here (https://www.wpfarm.com/report-abuse/) or by emailing info@wpfarm.com.
c. Notice Requirements. A proper DMCA notice must include:
d. Counter-Notification. If Customer believes their content was wrongly removed, they may submit a counter-notification containing:
e. Repeat Infringer Policy. Company maintains a policy of terminating, in appropriate circumstances, users who are repeat infringers of intellectual property rights.
a. Uptime Commitment. Company will use commercially reasonable efforts to maintain 99.9% uptime for the Services, measured monthly.
b. Exclusions. Downtime does not include:
c. Service Credits. If uptime falls below 99.9% in any month, Customer may be eligible for service credits:
d. Credit Request. Customer must request credits within 30 days of the downtime event.
a. AI/ML Usage. Customer may not use the Services for:
b. Content Responsibility. Customer remains fully responsible for all AI-generated content, including:
c. Prohibited AI Uses. The following AI-related activities are strictly prohibited:
Company reserves the right to audit Customer’s use of Services to ensure compliance with this Agreement. Customer must cooperate with reasonable audit requests. Non-compliance discovered during audit may result in:
a. Immediate Removal. Company may remove content immediately without notice if it:
b. No Refund. No refunds will be provided for removed content. Customer must maintain backups.
The following sections survive termination of this Agreement indefinitely:
a. Independent Contractor. Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
b. Governing Law; Jurisdiction. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions.
c. Headings. The headings herein are for convenience only and are not part of this Agreement.
d. Entire Agreement; Amendments. 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. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.
e. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
f. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in Company’s billing records.
g. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
h. Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
i. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Company’s records of such execution shall be presumed accurate unless proven otherwise.
j. 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, labor 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.
k. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.
l. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
m. Marketing. Customer agrees that during the term of this Agreement Company may publicly refer to Customer, orally and in writing, as a customer of Company. Any other public reference to Customer by Company requires the written consent of Customer.
n. Business Days and Time Zones. Unless otherwise specified, “business days” means Monday through Friday, excluding U.S. federal holidays, and all time references are Pacific Time (PT).
o. Electronic Communications. Customer consents to receive electronic communications from Company relating to Customer’s account and the Services. Electronic communications may include, but are not limited to, service updates, billing notices, and marketing communications (subject to applicable laws).
[The domain registration agreement section remains the same as in the original document, starting with “1. THIS REGISTRATION AGREEMENT…” through to the end of section 35, but with all references to “WP Farm” updated to “WP Farm Hosting LLC”]
WP Farm Hosting LLC’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on the Company or one of its affiliates.
If you seek the identity or account information of a Company customer in connection with a civil legal matter, you must email a valid subpoena to our support team with contact phone number to verify the authenticity of it.
Upon the receipt of a validly issued civil subpoena, the Company will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, the Company will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court.
Fees for Subpoena Compliance
The Company will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Company invoice. Checks should be made out to WP Farm Hosting LLC.
The Company’s subpoena compliance costs are as follows:
Policies Regarding E-mail
The Company will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. The Company’s e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.
The Company reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Company e-mail address is related to the pending litigation and the underlying subpoena.
Domain Name Dispute Claims
Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
Copyright Infringement Claims
If you believe that material located on a site hosted by WP Farm Hosting LLC or linked to by a site hosted by WP Farm Hosting LLC violates your copyright, you are encouraged to notify WP Farm Hosting LLC in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. WP Farm Hosting LLC will respond to all such notices. The response by WP Farm Hosting LLC may include removing the infringing material or disabling all links to the infringing material if appropriate and required. WP Farm Hosting LLC will terminate a customer’s access to and use of the site if the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of WP Farm Hosting LLC or others. In the case of such termination, WP Farm Hosting LLC will have no obligation to provide a refund of any amounts previously paid to WP Farm Hosting LLC.
Customers may not use WP Farm Hosting LLC’s network as to 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 the Customer, logging into a server or account the Customer is 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.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mailbombing, or other deliberate attempts to overload or crash a host or network.
Customers will be held liable for incorrect setting of netmasks, routes, or any other network configuration or programming issue which causes unnecessary broadcast or multicast traffic on our network, or denial of service, deliberate or not, caused by forging ARP queries or replies or by configuring IPs into their machine which were not assigned to their server. Any of these actions may result in disconnection of the server at fault from the network and/or correction of the fault at the customer’s risk and expense. Any loss of functionality caused by the attempted correction of the problem will be the customer’s responsibility to solve. If the malignity of the problem is deemed by WP Farm Hosting LLC to not warrant such drastic action, the customer will be contacted via the ticketing system to correct the problem himself. Customers are responsible for maintaining their contact information in the ticketing system such that the email address is always reachable even in the event of their WP Farm Hosting LLC servers being shut down.
If your server is the initiator or target of a denial of service attack that adversely affects our/somebody else network, we will terminate your account without warning and you will be held responsible for any charges that may result from this action.
Activities that attract denial of service attacks are expressly prohibited. Customers involved in these activities will be terminated as soon as we are aware of them. These activities include, but are not limited to: selling shell accounts, and involvement with IRC of any kind. This prohibition is for the protection of our customer base as a whole; these kinds of services tend to attract attacks that have the potential to degrade service for all of our customers.
WP Farm Hosting LLC will cooperate fully with investigations of 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 systems or network security may incur criminal or civil liability. WP Farm Hosting LLC reserves the right to charge up to $500 per complaint to investigate.
From time-to-time, we notify our clients of any exploit we deem potentially catastrophic. For an exploit to be considered catastrophic, it must be attacking widely deployed applications that are in use on a majority of servers. For example, but not limited to, software related to DNS, APACHE, and SENDMAIL.
The security notification will be sent via our customer subscribed mailing list, with a subject line of “Mandatory Security Update”. It will provide a synopsis of the exploit, what is effected, and probable repercussions associated with failure to update. In addition, the email will provide a link for customers to download updated software or fixes, or patches, and directions on installing it. Customers are responsible for following the instructions in all ” Mandatory Security Update” within 24 hours from their release.
To ensure the security of the clients’ servers and to maintain our network integrity, if 24 hours past notification the software at issue has not been updated or patched, WP Farm Hosting LLC reserves the right to apply all necessary updates, fix any other obvious security holes we may find, and bill the customer’s account at the applicable hourly support rate without further notice or customer approval.
The WP Farm Hosting LLC Web Interface and Control Panel are proprietary software, a single Perl script at /usr/local/sbin/interface. Although we do not protect the software with compilation nor with encryption, it is protected under copyright and trade secret laws and is not to be modified nor distributed in any fashion unless authorized in writing by WP Farm Hosting LLC. Under no circumstances will we allow changes to the Copyright notice and/or disclaimers on version 2 of the interface (revisions 1.110 and above), since the “Server Interface” Trade Name and logo are already protecting resellers from references to WP Farm Hosting LLC.
Requests for modification, including translating into other languages, addition of links or advertising, changes to menus, or customer-specific options, must be sent to our support team and are subject to an approval process by all departments. In general, the only changes approved are those of a general nature, representing an increase in functionality for all customers. Changes for a single customer which would cause more than one concurrent version of the software will not be considered.
Changes which are approved will be done on a prioritized basis by WP Farm Hosting LLC technical staff. Expedited processing of a change order can be paid for by a customer, but the changes remain property of WP Farm Hosting LLC and may be given to other customers.
Higher levels of traffic will incur overcharges on a monthly basis. However, the rates for bandwidth usage are lower for WP Farm Hosting LLC than for any other services we offer. WP Farm Hosting LLC provides full access to web reports for network traffic monitoring and reporting. WP Farm Hosting LLC also provides graphs that show customers’ monthly usage, which is the average rate, and reflects the amount of bandwidth transferred during the month. The bandwidth charges reflects the average monthly bandwidth in Kilobits per second (Kbps) and in Gb/month. These charges reflect our expenses in network maintenance, upgrades, backbone port charges, leased line loops, and equipment.
ARIN (the American Registry for Internet Numbers) is becoming very stringent with IP addresses, and refuses to grant them without a strict accounting of use of existing IP’s; we must therefore require periodic updates of IP address use. The way we will implement this, for now, is for customers who need more IP addresses to send a blank email to our support team to get detailed instructions via autoresponder.
Any IP numbers which remain unused after a 30-day period, according to our periodic ‘ping’ testing, will be subject to reassignment by WP Farm Hosting LLC. No prior notice will be given, but we will email you at your current contact address to inform you that we have taken back the IP numbers. You can of course request more when you are ready to use them. And, as stipulated elsewhere, any work incurred in reclaiming unused IP numbers which have been registered as nameservers will be billed at our current administrative services rates.
While we will allocate our customers an “unlimited” number of IP addresses, our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.”
WP Farm Hosting LLC may assign its customers IP (Internet Protocol) addresses on a temporary basis or for the life of the contract. Customer agrees that IP addresses are not portable, and acknowledges that IP addresses are the sole property of WP Farm Hosting LLC and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by WP Farm Hosting LLC to customer or users is expressively prohibited and will incur a penalty fee.
This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer. At the conclusion of Customer’s contract, Customer is required to provide a copy of an Authorized domain registrar (i.e. Network Solutions) records, showing that Customer’s hostname servers no longer claim the use of our IP addressed we have provided to customer. This document must be delivered to WP Farm Hosting LLC within 10 days after the effective contract termination date.
Customers are prohibited from transmitting on or through any of WP Farm Hosting LLC’s services, any material that is, in WP Farm Hosting LLC’s sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
WP Farm Hosting LLC’s services 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 any other statute. WP Farm Hosting LLC’s reserves the right to remove such illegal material from its servers.
The customer is responsible for keeping his billing data with WP Farm Hosting LLC up-to-date and accurate. Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
The resale of WP Farm Hosting LLC’s products and services is not permitted, unless specifically permitted and documented in a written agreement.
Important IP Disclosure: WP Farm Hosting LLC may assign customer a reasonable amount of IP addresses (Internet Protocol) on a temporary basis or for the life of the contract. Client agrees that IP addresses are not portable and acknowledges that IP addresses are the sole property of WP Farm Hosting LLC and are assigned as part of the services. Furthermore, client acknowledges that use of IP addresses not allocated by WP Farm Hosting LLC to customer or users is expressively prohibited and will incur a penalty fee. This fee would be calculated on a standard engineers hourly rate fee of $150 separate from any other service or incident fees prepaid by customer.
Facilitating a violation of this AUP: Software, services, programs, activities, and advertisements that promote, enable, or facilitate any activity that is prohibited within this document, including spam, denial of service attacks, compromise of other systems or attempts to compromise other systems are ALL considered to be violations of this AUP.
To insure the quality of service of our shared hosting clients, WP Farm Hosting LLC reserves the right to migrate high resource utilizing clients to servers which may, or may not, incorporate stated ‘business class hardware’.
The initial term of this Agreement shall be as set forth in the Order Form (the “Initial Term”). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew.
ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE WP Farm Hosting LLC TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.
This Agreement may be terminated:
WP Farm Hosting LLC reserves the right to cancel service(s) at any time. All fees paid in advance of cancellation will be pro-rated and refunded by WP Farm Hosting LLC to customer if WP Farm Hosting LLC initiates its right of cancellation and customer is NOT in violation of these Terms and Conditions. If cancellation is caused by customers and/or its client’s breach of the Terms and conditions, then customer agrees that no refund is due. Customer understands that service(s) can be canceled at any time effective the end of the contract.
Upon termination, either by WP Farm Hosting LLC or Customer, for any reason, Customer is responsible for deleting his/her host registrations from domain registrar(s) immediately. Customer further agrees to pay WP Farm Hosting LLC all reasonable administrative costs if WP Farm Hosting LLC must intervene in deregistering the hosts.
No Guaranteed Backups. WP Farm Hosting LLC does not guarantee the preservation or integrity of any Customer data stored, hosted, or transmitted via WP Farm Hosting LLC’s systems.
Optional Automated Backup Services. WP Farm Hosting LLC may offer automated backup services (including daily, weekly, and monthly backups to cloud storage providers such as Wasabi or other S3-compatible services) as an optional convenience feature. THESE BACKUP SERVICES ARE PROVIDED “AS IS” AND DO NOT REPLACE CUSTOMER’S OBLIGATION TO MAINTAIN INDEPENDENT BACKUPS. Customer expressly acknowledges and agrees that:
Backup Service Limitations. Even when automated backups are functioning properly:
Customer is solely responsible for maintaining off-site backups of all data, content, and information stored on WP Farm Hosting LLC’s servers. WP Farm Hosting LLC shall not be liable for loss, damage, or corruption of Customer data under any circumstances.
Customer’s Backup Obligations.
Exclusion of Liability for Data Loss.
No Criminal or Civil Liability
Hosting Only. WP Farm Hosting LLC provides hosting services on an “as is,” “as available” basis and does not monitor or maintain Customer data beyond industry-standard server maintenance and security protocols. Customer’s failure to maintain adequate backups or prepare for catastrophic data loss shall not impose any legal or financial obligations upon WP Farm Hosting LLC.
Indemnification. If a lawsuit or governmental action arises out of or relates to Customer’s failure to maintain data backups or secure data, Customer agrees to defend, indemnify, and hold WP Farm Hosting LLC harmless from any and all claims, damages, and fees (including attorney’s fees) associated therewith.
Notification of Critical Events
Survival
The provisions of this “Data Loss Disclaimer & Backup Policy” shall survive any expiration or termination of this Agreement, including all disclaimers, limitations of liability, and indemnification obligations related to data loss or backup responsibilities.
If you have any questions concerning the above stated terms and conditions then please contact us.
