Terms of Service

The fine print.

Last updated: November 3rd 2023

Overview

The following is our combined Terms of Service (ToS) and Acceptable Use Policy (AUP). This brief document aims to outline and clarify what types of services are allowed upon our network, along with what types of activities and services are strictly prohibited (some are prohibited by law). Please understand that this document outlines general guidelines in what we hope is a readable and useful format and is not considered exhaustive. We reserve the right to update this document, as well as refuse hosting services when we find it necessary.

Key Details

  • When you create an account and/or use our services, you are agreeing to comply with our ToS and AUP (this page).
  • Clients agree to maintain accurate contact information on file with us so that they are able to receive important notifications. Clients are also responsible for ensuring that our emails are not blocked by client servers and filters so that the deliverability of our notifications to you is not compromised.
  • Failing to comply with our ToS and or AUP can result in our inability to provide (or continue providing) service.
  • Services that are suspended or terminated for breach of ToS and, or AUP are not eligible for any refund.
  • If you find yourself wondering as to whether or not your intended use of our services is in accordance with our ToS and AUP, please contact us before utilizing our services in such a manner, we will be able to let you know whether or not your intended purpose is in compliance.
  • Any activities considered illegal in the United States are a breach of our ToS and AUP and are not allowed.
  • When law permits, or when your utilization is not jeopardizing the usability of services for other clients, we will notify you by the e-mail address you have with us on file before we take action in order to provide you with an opportunity to resolve the issue.
  • By utilizing our services, you understand the importance of maintaining backups of your data. You understand that these backups should be stored in a safe place that is not on our network. The purpose of these backups is so that you will have the ability to restore your data in the event you ever need to.
  • By using our services, you understand that all server hardware is prone to failure periodically and that we can not be held accountable for maintaining or guaranteeing your data nor the backups of your data. As a client, you understand that it is your responsibility and in your best interest to maintain a copy of your own backups.
    • We offer offsite backups of your website as a service for security & for less downtime if something does go wrong. We still recommend keeping a copy of your own backups.
  • By using our services, you understand that we are not responsible for lost time, lost income, or lost data due to non-existent or faulty backups.
  • All of our services are provided a specific bandwidth allocation that you are able to monitor usage of within our control panel or by requesting a report showing current usage from us. In the event that you need more bandwidth or server space than your service is currently allocated, please contact us so that we may assist you. Please be aware that services that exhaust their bandwidth allocations will be automatically temporarily suspended. This automated action prevents you from receiving bandwidth overage fees and provides you with more transparency over what your specific bandwidth requirements are. We get a warning notification once usage hits 80% and we’ll reach out to you at that time.  You can let us know if you are expecting more or less traffic and we can adjust as needed.

NOT allowed services (not an exhaustive list) – if you are unsure whether or not your intended use is allowed, please contact us before obtaining or utilizing services. Services that are terminated for a breach of our AUP are not eligible for refunds.

  • Services that disrupt either our services or the services of other clients that share resources
  • Spam. All mailing must comply with the requirements of the CAN-SPAM Act of 2003. Any space that becomes “blacklisted” (space that is listed upon any blackhole lists) during your possession may result in your services being suspended and/or terminated. SPAM complaints may result in a “clean-up fee” per complaints, at our discretion.
  • Sending any type of Denial of Service (DoS) attack
  • Port scanning
  • TOR exit nodes (and similar services)
  • CPU-intensive services on VPS and shared hosting (example: mining applications)
  • Applications involving crawling/scraping, running web-macro scripts, and/or loading an excessive number of websites in an automated fashion.
  • IP-spoofing
  • HitLeap and similar services
  • Torrent services (p2p)
  • Nested Virtualization (example: QEMU within a VPS instance)
  • IRC services
  • Video streaming (Through our server. YouTube and Facebook Okay)
  • Game servers
  • VPN services
  • Adult content
  • Proxies
  • BitTorrent Sync

Non-Emergency Support Hours

Our Team is available for an emergency at all times of the day, but for non-emergency support issues, we are available 9 AM – 4:30 PM PST.
When a support request comes in we aim to reply to it within 48 business hours. Most times though we can get back to you the next business day.

Vulnerabilities & Unsupported Software

Since you have entrusted us with being responsible for the health, stability, and security of your website, we use automated scans with alarms set to go off when a plugin or theme on your website becomes too outdated or vulnerable – or when any server-side errors occur, or if your website goes down.

If we ever notice an issue with your website that makes it insecure, vulnerable, or unstable, we will attempt to correct it quickly

This unique service is included as part of your maintenance plan.
If we expect the fix to incur any extra costs or impact how people interact with your website, we will attempt to notify you at least three times – including at least one phone call – before making the necessary change.

Server Uptime Guarantee (SLA)

Well Dressed Walrus guarantees 99% service uptime on all hosting plans for unplanned downtime. Should we fail to deliver this for any given calendar month, you can request that your account will be refunded a pro-rated amount for the duration of excessive downtime.

To find out about our planned downtime sign in to your account at https://my.worryfreewebsitesupport.com/serverstatus.php

Service Cancellations, Terms and Deadlines

Service cancellation requests must be submitted to us in writing.

All contracts are renewed automatically for the same contract period as the initial Term. At the end of the Initial term, the order shall be renewed for successive terms equal to the Initial term, unless either party notifies the other in writing.

In the case of a month to month and quarter to quarter terms, we require 30 days notice for cancellation to become effective.

In the case of Contract Terms of 1 Year or Greater, your term will auto-renew unless we are notified at least 30 days prior to your renewal date.

Upon notification of cancellation, we will provide you with confirmation; you will no longer receive further invoices for canceled devices once the term has ended.

Cancellations for these products that are submitted after our 30 day notice requirement, will still be subject to any fees for the next billing cycle where notification was not given, your service will terminate after the end of your next billing cycle.

Cancellation Process
When submitting a cancellation we will follow this process: We will first contact you to confirm the cancellation and verify that you are authorized under your account to cancel it, we will also verify your cancellation time frames.

Then, we will mark your services for cancellation on the date specified for cancellation, which may be selected as the end of your billing cycle or immediately. Unless you specify otherwise, your specified services will remain until the end of the paid period. After the paid period has expired your canceled services will no longer be available on our network.

Regarding Bills and Payment

  • By default, clients are provided with at least 10 days of advance notice when a payment is due. This notification is sent to the email address you have placed on file with us.
  • Services are automatically suspended after 60 days of non-payment.  After services have been suspended, clients who do not pay their invoices are at risk of having their services and account terminated. We keep backups for 60 days from the date of suspension, and in the event that the account is terminated, the client understands that their data is no longer available. Clients who do reestablish services, after their services have been terminated for non-payment, will have to restore their data from their own backups.
  • There is a 10% late fee after 45 days.
  • If you require a payment extension, simply contact our billing department and request to make payment arrangements. Doing so will prevent service interruption and incurring late fees.
  • A client who ignores our communication attempts is acting in a deceptive or dishonest manner, or one who misses mutually agreed upon payment arrangement stipulations will result in service suspension (and possible termination).
  • If a client (You) file a chargeback, your website will be shut down immediately, and the invoice you did the chargeback on will be charged a “Chargeback Admin Fee” between $35 – $55, and the invoice will be sent into collections immdiately. If the invoice was from more than 60 days from the chargeback date it will have a late fee applied to the balance as well. All openen invoices will be come due immediately. All invoices open invoices will need to be paid before service can be restored.
    • If the chargeback is on a Domain, the domain will be locked down and we will remove all access to the domain until the open invoices are paid.
    • If the chargeback is on Email hosting, you will lose access immediately and all emails sent to your email after it is shut down will not be delivered to your inbox.

We’re here to help

If you have any questions about our Terms of Service & Acceptable Use Policy (or if there is anything we can do to assist you), please contact us at help@welldressedwalrus.com – we’re always happy to help!