WPopt provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of WPopt are subject to the following terms of service:
WPopt.net makes use of log files. The information inside the log files includes internet protocol (IP) addresses, the type of web browser used, the Internet Service Provider (ISP) used, a date/time stamp of the visit(s), the referring/exit pages, and the length of the visit in order to analyze trends, administer the site, track users’ movement around the site, and gather demographic information, to be used in adapting the content of the site to better suit the visitors. IP addresses and other such gathered information is not linked to any information that is personally identifiable.
You agree to use all WPopt services and facilities at your own risk. WPopt specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall WPopt be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
The customer agrees that it shall defend, indemnify, save and hold WPopt harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WPopt, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless WPopt against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with WPopt's server.
WPopt reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from WPopt's server. WPopt shall be the sole judge of what violates this Policy.
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept payment by Visa, Master Card and American Express, and also PayPal. For all plans, your account will be created before payment is made, however the services will not be activated until after payment has been received. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. All payments must be made against the invoice. Manual payments or transfers are not supported and will be rejected.
All recurring services are billed on a pro-rata basis. Payments are due on the 1st day of the calendar month in which payment is due (as specified in the invoice). If you do not pay for service renewal then your account may be suspended 10 days after the invoice due date. If you do not pay for service renewal within 30 days of the due date your account may be terminated. You will receive an email reminder 5 days before deactivation. Termination of the service will mean the complete and total removal of all copies of any data hosted on WPopt servers. While it may be possible to retrieve data after account termination (due to archived backups) this is not guaranteed and should not be relied upon. Furthermore, there is a recovery charge of $75 for the retrieval and release of any archived data in the event that (1) your account has been terminated, and (2) an archived copy of your data still exists.
Acceptable Use Policy
All services provided by WPopt may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WPopt and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all WPopt servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Backups and Data Warehousing
Your hosting plan includes automated off-site backups, performed every 12 hours. In addition to this, account-level backups are performed using a separate backup system and stored to a separate off-site location. WPopt takes data security and integrity very seriously and makes every effort to ensure that the full account can be recovered in the event of a critical failure or disaster. This service is provided as part of all hosting plans at no additional charge and is non-optional. Despite this solution, we will never discourage anyone from running their own backup solution for their own peace of mind. Periodic testing and verification of correct execution is carried out on the backup systems but WPopt cannot be held liable for any data loss in the rare event that both the primary, live environment, the incremental backup system and the account-level backup systems all fail or are found to have corrupted data.
Should you wish to employ your own backup solution you may do so, however warehousing of backup data under your hosting is not permitted. Any third-party backup solution must be set to transfer any backup files to an off-site location or cloud service and then remove the backup files from your hosting environment, once the backup run has completed
Limitation of Liability
WPopt shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WPopt servers going off-line or being unavailable for any reason whatsoever. Furthermore, WPopt shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WPopt servers. All damages shall be limited to the immediate termination of service.
Service Level AgreementWe believe in full accountability. Sometimes issues do happen which can cause your site to be offline. In such cases, under certain circumstances, WPopt will credit your account with a percentage of your equivalent monthly payment, depending on the severity of the issue that you have suffered. Please note, account credits will be provided only for unavoidable, unplanned issues resulting in loss of connectivity to your site. The following situations which can cause outages are not covered:
- Planned maintenance windows
- Site outages due to errors with code directly related to your site (i.e. plugins)
- Site outages due to exhausted resources on your hosting plan (if you are exhausting resources it is recommended to either upgrade or resolve whichever plugin is causing the high load
- Site outages caused by natural disasters or force majeure
- Connectivity issues caused by DDoS attacks
The maximum credit will not exceed the monthly fee for the month during which your site suffers the outage and the level of credit is shown below:
- 99.9% - <100%: 0% credit
- 95% - 99.89%: 15% credit
- >85% - <95%: 35% credit
- <85%: 100% credit
In order for you to receive a credit, you must request the credit within seven business days after you experienced the issue, where your site is not responding to http requests, or unavailable via the http protocol. You request credit by creating a ticket to our account and billing department through your client area. The ticket must contain your domain name and the dates and times of the unavailability of your web site. Credits will typically be applied to your account within thirty days of your credit request. This credit is your sole and exclusive remedy for our failure to meet the Web Site Availability SLA. The statistics generated by our internal monitoring services, as well as the third-party monitoring services we employ are the final determination of the uptime of our service, and not any one client's experience.
WPopt cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by WPopt are resold. Thus, certain equipment, routing, software, and programming used by WPopt are not directly owned or written by WPopt. Moreover, WPopt holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as WPopt sees fit. FURTHERMORE, WPopt retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.