The fine print.
Last updated: April 5th 2019
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.
- 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 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.
- 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
- BitTorrent Sync
Server Uptime Guarantee
Well Dressed Walrus guarantees 99% service uptime on all hosting plans. 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.
Regarding Bills and Payment
- By default, clients are provided with 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 90 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).
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 [email protected] – we’re always happy to help!