Term of Agreement; Modification
You agree that WAGONOSE may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes WAGONOSE may reasonably make to this Agreement when such changes are made. If You have purchased Services from WAGONOSE, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
You agree to maintain accurate information by providing updates to WAGONOSE, as needed, while You are using the Services. You agree You will notify WAGONOSE within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by WAGONOSE to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if WAGONOSE has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, WAGONOSE has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Accepted Use Policy
WAGONOSE’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
not to make, attempt or allow any unauthorized access to WAGONOSE website, servers, your own hosting account or the account of any other customers of WAGONOSE.
not to allow any remote code execution of malicious software through the hosting account provided by WAGONOSE.
not to cause denial of service attacks, port scans or other endangering and invasive procedures against WAGONOSE servers and facilities or the servers and facilities of other network hosts or Internet users.
not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
not to use WAGONOSE services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
not to engage in or to instigate actions that cause harm to WAGONOSE or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. WAGONOSE reserves the right to refuse service to anyone upon Our discretion. Any material that in WAGONOSE judgment, is either obscene or threatening is strictly prohibited and will be removed from WAGONOSE servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, WAGONOSE will take corrective action upon our own discretion and will notify You. WAGONOSE decision in such case is binding and final, and cannot be a subject of a further change. WAGONOSE cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to WAGONOSE or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. WAGONOSE will not be liable for any loss or damages in such cases.
not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, WAGONOSE reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. WAGONOSE further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on WAGONOSE servers; and (iv) ensure the confidentiality of Your password. WAGONOSE services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and WAGONOSE shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by WAGONOSE are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. WAGONOSE shall have no liability to You or any other person for Your use of WAGONOSE products and/or services in violation of these terms.
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by WAGONOSE or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by WAGONOSE and all right, title and interest in and to each such Derivative Work shall automatically vest in WAGONOSE. WAGONOSE shall have no obligation to grant You any right in any such Derivative Work.
Non-Exclusive Right To Use
If You have purchased and/or been given permission to use software from WAGONOSE, WAGONOSE grants You a limited, non-exclusive, nontransferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. WAGONOSE reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of WAGONOSE. The source code and its organization are the exclusive property of WAGONOSE and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by WAGONOSE.
Any such software and Services are provided to You "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
WAGONOSE provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. WAGONOSE does not take responsibility for any faults in such software functioning.
By using WAGONOSE Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize WAGONOSE to agree to such terms on Your behalf. The terms of service for cPanel may be found here. If You purchase Microsoft Windows for a dedicated server and request that WAGONOSE manually assist You with installation of this product, Your request constitutes explicit agreement with Microsoft Windows’ terms of service and You authorize WAGONOSE to agree to such terms on Your behalf. Microsoft Windows’ terms of service may be found here. Your failure to abide by any third-party license may result in the immediate termination of Your Services by WAGONOSE.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by WAGONOSE. Your use of any third party software is at Your own risk. WAGONOSE does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. WAGONOSE will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. WAGONOSE reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. WAGONOSE has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current WAGONOSE policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify WAGONOSE immediately of the error. In no event shall WAGONOSE be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Billing and Payment
All fees for the Services shall be in accordance with WAGONOSE 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. WAGONOSE may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due WAGONOSE remains unpaid seven (7) days after such payment is due for shared hosting packages and three (3) days for VPS and dedicated servers, WAGONOSE, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, WAGONOSE will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at WAGONOSE 's then current rates.
If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your WAGONOSE services away from WAGONOSE.
Termination & Cancellation Policy
The initial term of Your agreement with WAGONOSE shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with WAGONOSE shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by WAGONOSE at any time, without prior notice, if, in WAGONOSE 's judgment, You are in violation of any terms or conditions herein; or (iii) in WAGONOSE 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon WAGONOSE or could disrupt WAGONOSE 's business operations; or (iv) by WAGONOSE if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either WAGONOSE or WAGONOSE.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that WAGONOSE may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of WAGONOSE.
You may receive a refund if: Your shared hosting account is cancelled within the initial 14 days after sign up; (ii) Your Stellar, Stellar Plus or Stellar Business account is cancelled within the initial 30 days after sign-up. Only first-time Stellar, Stellar Plus or Stellar Business accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees; (iii) Your Dedicated Clearance Server or Dedicated New Server account is cancelled within the initial 7 days after sign-up. Only first-time Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any third party product (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs WAGONOSE incurs in closing your account. You agree to pay any and all costs incurred by WAGONOSE in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, WAGONOSE may delete all information related to you on the Services.