Index
- Demarcation of Terms
- Acceptable Use
- Illegal Use
- Illegal Content
- Terrorism
- Copyright Infringement
- Sensitive Information
- User Responsibilities
- Website
- Contact Information
- Communication
- Scope of Support
- Common Web-Based Services
- Server Management
- Hardware Maintenance
- Basic Script Installtion
- Scripts and Applications
- Malware Scans
- Email Client Configuration
- FTP Client Configuration
- Backup of Data
- Domain Names
- Mini Plan Phone Support
- Customer Requested Changes
- Customer Responsibility
- Abuse
- Outgoing Emails
- Server Resources
- Server Integrity
- Violation of Terms
- Spam
- Data Restrictions
- Bandwidth
- Hosting Space
- I/O Usage
- Uptime Guarantee
- Site Backups
- With Premium Backup Service
- Without Premium Backup Service
- WebHostingPad Property
- Third-Party / Open Source Software
- WebHostingPad as a Reseller
- Modifications
- Legal Terms
- Indemnification
- Disclaimer of Warranty
- Limitation of Liability
- Jury Trial Waiver
- Removal of Account and Refusal of Service
- Subject to Change
- Last Modified
Demarcation of Terms
The following is a mutually agreed-upon contract between WebHostingPad and all customers, affiliates, subscribers, clients, or anyone using WebHostingPad’s services, henceforth referred to as “you”. The spirit of these terms is to ensure you and all customers are using WebHostingPad services with due regard to the rights of other internet users and in conformity with the requirements of WebHostingPad’s network environment.
The terms of service are not exhaustive, and WebHostingPad reserves the right to add, delete, or modify any provisions set forth at any time, without notice, effective upon posting to WebHostingPad.com. These terms supersede any other agreement, whether it be written, oral, or by conduct, unless expressly agreed to the contrary in signed writing by an authorized representative of WebHostingPad. Unless otherwise stated, all sections of these terms apply universally, and cover all other sections of this agreement, regardless of placement, formatting, URL, or numbering.
Nothing in this agreement will be construed as created a partnership or relationship of employer and employee, principal and agent, partnership, or joint venture between WebHostingPad and its customers. Each WebHostingPad and its customers are deemed an independent contractor at all times and has no right or authority to assume or create any obligation on behalf of the other unless expressly provided herein.
These terms and all agreements for WebHostingPad services will be governed and construed in accordance with the laws of the State of Illinois, USA. Any litigation or arbitration between a customer and WebHostingPad will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of these terms of service or other WebHostingPad agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of these terms of service or the agreement will continue in full force and effect.
We urge you to check these terms regularly and keep yourself informed. Any reports of a customer violating these terms should be addressed to abuse@webhostingpad.com
Acceptable Use
You are responsible for and maintain ownership of all content contained in your website, site files, database, account, or digital possession. WebHostingPad reserves the right to take immediate action if your content violates the law or terms of service, including removal of content, termination of service, or involvement of authorities. In the event you violate the terms of service, Web Hosting Pad is not liable for any lost content, and is not required to provide refunds or restoration of content. WebHostingPad services are intended for individual use and not intended to be resold in any way. Any account in violation of this usage policy will be susceptible to immediate suspension or termination.
If your intentions are to resell hosting, please visit www.vpsdepot.com. No refunds will be provided for accounts in violation of our reseller policy.
Illegal Use
WebHostingPad’s servers may be used for lawful purposes only. WebHostingPad reserves the right to terminate your account, break this agreement, and permanently delete or otherwise remove your content or site files, immediately and without penalty, in the event that you, your content, or any element of your site is found to be against the law.
This includes, but is not limited to, the following subjects:
Illegal Content
Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation.
Displaying or using copyrighted material, trademarks, trade secrets or other intellectual property rights used without proper authorization.
Material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
To store, post, display, transmit, advertise, or otherwise make available child pornography. WebHostingPad is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Adult pornography is allowed, in the event that it does not otherwise break any law or the terms of service.
Material that knowingly and purposefully contains viruses, malware, trojans, or other malicious code.
Software, code, or other content that is cracked, nulled, illegally obtained, key-genned, or otherwise compromised in an illegal, dishonest, or malicious way.
Terrorism
Additionally, in purchasing WebHostingPad’s services, you certify that you and/or the organization you represent are not, nor have been designated:
A suspected terrorist as defined in Executive Order 13224.
Owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224.
A member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Copyright Infringement
The Digital Millennium Copyright Act (DMCA) outlines the law regarding the use of copyrighted materials on the internet. You are subject to the requirements of the DMCA. For your perusal, here is the full text of the DMCA.
Individuals or entities submitting notifications of copyright infringement by a WebHostingPad customer (as per the DMCA) must follow the below procedures. If you are the subject of a DMCA notification that meets the below criteria, you may be subject to account termination at WebHostingPad’s sole discretion.
DMCA copyright infringement notifications must include the following information:
Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
Identification of the material claimed to infringe the copyright(s), and enough information for WebHostingPad to locate it, including URLs and specific descriptions of the infringing material at each URL.
The Claimant’s name, address, and telephone number(s).
A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent.
A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Send the notification via mail to:
WebHostingPad
Legal Department - DMCA Complaints
415 W Golf Rd, #5
Arlington Heights, IL 60005
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the U.S. Copyright Office website at the link listed above. WebHostingPad is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that WebHostingPad will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that WebHostingPad must remove, or disable access to, material on your website that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that WebHostingPad may do so by disabling access to your entire website.
WebHostingPad hosting and ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. This includes, but is not limited to, file sharing, torrents, warez, and pirated material.
In using WebHostingPad’s services and agreeing to these terms, you certify that you have obtained all necessary licenses, consents, waivers, permissions, and releases for the use of your content, including all logos, names, likenesses, or other material listed in the Illegal Use section of these terms.
Under the GDPR, if you collect the personal data of European Union (EU) residents or persons located in the EU, including medical data, classified information, or otherwise sensitive material, you are required by law to protect, secure, process, and delete this data in accordance with the GDPR. This includes personal data displayed or stored on your website, email, or account with WebHostingPad. Additionally, you are required to include a Privacy Policy on your website that meets GDPR requirements. WebHostingPad is not responsible for ensuring your site is GDPR-compliant. Failure to comply with the GDPR may result in fines of up to €20 million, or 4% of the worldwide annual revenue of the prior financial year, whichever is higher.
WebHostingPad strongly recommends that any company, organization, or individual storing or collecting the personal data of EU residents become GDPR-compliant.
You are expected to abide by any other applicable laws regarding distribution, transfer, or display of digital material and personal information, including HIPAA and NDAs. Using WebHostingPad’s services to display or communicate identifying information about an individual, against the individual’s will and with malicious intent against the individual, (also known as “doxxing”), is prohibited.
User Responsibilities
Website
You are solely responsible for the quality, performance, and all other aspects of your site and the goods or services provided through your site.
You are solely responsible for the development, operation, and maintenance of your website, online store, ecommerce, and content, including:
The accuracy and appropriateness of your content, services, and merchandise.
Proper licensing and adherence to copyright laws for all content, services, and merchandise.
The legality and legitimacy of all content, services, and merchandise.
Payment processing, order filing, merchandise shipping, taxes and/or fees associated with the operation of your business or site, and the satisfaction of your customers.
Design, code, files, databases, media, logos, functionality, and content of your website.
You are solely responsible for the functionality and security of any software or equipment, third-party or otherwise, installed, stored, sold, or included on your website, or used in operation of your website.
You are solely responsible for electronic transmitting, uploading, updating, FTPing, and providing all website content. You are responsible for ensuring all content, software, and scripts installed or uploaded are compatible and function properly with WebHostingPad’s hosting, servers, and services. In the event that WebHostingPad updates or changes any of the aforementioned, you are responsible for ensuring your website, scripts, and other content continues to function properly following the updates, with the understanding that WebHostingPad is not responsible for any user-caused downtime, broken scripts or services, incompatibilities, content failure, or interruptions of service.
You are solely responsible for providing, or accepting the consequences of failing to provide, your website’s rules, conditions, disclosure, policies, privacy, terms of service, and/or explanations of features, services, or products.
You are solely responsible for providing accurate, accessible, and up-to-date contact and billing information, with the express understanding that failure to do so may result in WebHostingPad terminating, suspending, or otherwise disabling your website or services until such a time as you can be contacted or charged as necessary. WebHostingPad is not liable, and will not provide refunds or restitution for, any suspension, termination, or action taken by WebHostingPad as a direct or indirect result of failure to pay, failure to respond, or failure to provide accurate and truthful contact and billing information.
You are solely responsible maintaining the confidentiality and accuracy of your login and billing information, including but not limited to usernames, passwords, credit card numbers, social security numbers, driver’s license numbers, personal identification numbers or information, paypal account information, bank account information, FTP information, and any other pertinent information an individual could use to log in to, alter, or claim your account, identity, and/or site. In the event that a dispute arises between multiple parties claiming ownership or power over an account, WebHostingPad is absolved from any liability. WebHostingPad is not liable for, and is under no obligation to retrieve or restore, any content, information, or other details altered or lost as a result of unsecured confidential information. WebHostingPad is not responsible for failure to notify or contact you for any reason, arising from inaccurate or missing contact information, which is your sole responsibility to provide, maintain, and deem valid and operational.
Communication
You are solely responsible for contacting WebHostingPad in the event you have an issue you cannot resolve on your own. WebHostingPad cannot monitor all issues or incidents, and will not be held responsible for any problems arising from a failure to contact the support options available to you.
You are solely responsible for whitelisting WebHostingPad emails to any inbox you may use to communicate with WebHostingPad, including the email address listed in your account and any email you contact WebHostingPad with. WebHostingPad is not responsible for support, billing, or other pertinent emails not received due to spam filters, firewalls, or any other service that would potentially block WebHostingPad emails from being received.
Scope of Support
This section outlines the scope and limitations of the support WebHostingPad offers. Since web hosting has such a large mixture of customer-supplied software and third-party products, it is important to us to specify which services fall under the responsibility of our company and which services are the responsibility of you or the third-party vendor.
Common Web-Based Services
We continuously monitor and ensure all services are operating normally, such as FTP, email, SSH, cPanel, MySQL, and php. If you believe these services are not functioning correctly, we will manually check for you.
Server Management
We will maintain, secure, and configure all software that resides on our server. This includes Apache, MySQL, and php. As a result, software packages installed may not always be the latest version available or compatible with your own software. Please check with our support staff if you have any questions regarding compatibility.
Hardware Maintenanace
We continuously monitor and maintain our server hardware and the status of our servers. In the event of hardware failure, we will repair the issue as soon as we are able.
Basic Script Installation
We provide installation of services on specific third-party scripts. We do not provide support or information on how to use the scripts or its features. We will not install any plugins or perform any customization to your scripts after the initial installation. Since these products are provided by third-party vendors, we are unable to guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.
Scripts and Applications
You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. If we installed the script for you, it does not mean we are responsible for its maintenance or functionality. This is a policy we must strictly adhere to.
Malware Scans
WebHostingPad will perform 1 complimentary malware scan per year per account upon request, in addition to any regularly provided malware scans and/or malware quarantine for the account. WebHostingPad reserves the right to charge $49.95 per scan for any additional malware scans requested in a given year. This limit is in place to prevent abuse of our malware scanning services, which are comprehensive and may cause noticeable strain to the shared hosting environment when performed continuously or too often. This limit only applies to user-requested malware scans. This limit does not apply in VPS environments.
Email Client Configuration
We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook, Apple Mail, or Thunderbird. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third-party email accounts.
FTP Client Configuration
Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connections to your account using known working configuration settings. If you are looking for an FTP client, we recommend FileZilla because it is what our developer uses, however we will not be able to provide advanced FileZilla support.
Backup of Data
All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration, however, we do not guarantee the availability of lost data.
Domain Names
If your domain name is not registered with us, you are responsible for using supported services provided by your registrar for anything related to your domain name. This includes DNS changes made at the domain name level, name server registration, and name server changes. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.
Mini Plan Phone Support
Phone support is not available to Power Plan mini customers. All support-related inquiries regarding the Power Plan mini may contact our support team via email/ticket (support@webhostingpad.com) or the live chat on our website.
Customer-Requested Changes
In the event you request a change that will affect the daily operation of the account, we will notify you of any configuration changes that need to be made to the software on your account beforehand. It is your responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.
Customer Responsibility
Basic computer and internet knowledge is expected, as is knowledge of directory structure. It is also expected that you have a basic understanding of internet concepts such as DNS, email, and FTP. If you do not have knowledge of any of these things, it is expected you will at least be proficient enough to navigate to our Knowledgebase and read.
Abuse
Certain behaviors, uses, or contents of a website or websites on our servers can cause significant harm or damage to the server, server structure, necessary server elements, or other clients on the server. WebHostingPad expressly prohibits these behaviors, uses, or content in order to maintain the company's ability to provide quality service and standards, and in accordance with the law.
Outgoing Emails
Outgoing emails are limited to 500 per day per account, varying by server. This limitation is per hosting account. WebHostingPad reserves the right to immediately suspend your account if it is found to be sending a mass amount of emails, without prior notification, for your and others’ protection. If your account has been suspended for email abuse, and you are not aware of sending out massive quantities of emails, it is possible your account was compromised and a malicious email script was installed without your knowledge. If you believe this is the case, contact support@webhostingpad.com to receive help in immediately quarantining the scripts and re-securing your account. WebHostingPad is not responsible for your failure to complete the necessary steps to cease sending mass emails, whether purposefully or unintentionally, and will not be held accountable for any damages or loss that resulted from email abuse. WebHostingPad will, by choice but not by obligation, offer support and guidance to resolve the issue and restore service.
Server Resources
You are allowed to use no more than 10% of CPU and memory, and cannot have a session lasting longer than 10 minutes. WebHostingPad reserves the right to suspend, terminate, or take corrective action with any account using undue amounts of CPU, at WebHostingPad’s sole discretion. WebHostingPad is in no way obligated to reimburse you for any issues or losses that occur as a result of CPU abuse.
Any database stored on WebHostingPad hosting and ecommerce servers will be limited in size to 10% of the initial quota setup allotted for your particular domain’s plan/web hosting account.
Server Integrity
WebHostingPad does not allow the operation of IRC or IRC bots.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. WebHostingPad does not permit CGI script sharing with domains not hosted by WebHostingPad or any scripts that may be abused for UCE purposes.
WebHostingPad does not allow the use of Let'sEncrypt SSL Certificates on its servers for security and functionality purposes. To learn how Let'sEncrypt differs from Certificate Authority SSLs, click here.
Violation of Terms
In the event that your account is in violation of, or suspended for, our Abuse Terms or General Terms of Service, whether knowingly or unknowingly, WebHostingPad reserves the right to suspend your account, terminate your account, remove your account from the server, permanently refuse service of you or your account with WebHostingPad, and take any and all necessary action to protect the safety and security of the server infrastructure and other WebHostingPad clients.
Violations include, but are not limited to:
Your account is the target or perpetrator of a DDoS attack.
Your account is spreading or generating malware.
Your account violates the DMCA.
Your account violates the CAN-SPAM Act.
Your account is a danger or potential danger to the integrity of the server, other clients on the server, or WebHostingPad in any way, as determined by WebHostingPad on a case-by-case basis.
If your account is found to be in violation of these terms and you are permanently refused service with WebHostingPad, WebHostingPad will give you a complimentary backup of your site as-is without guarantees of functionality or viability. You may take this backup to host your site with another hosting company or for personal use. If you attempt to restore this backup to WebHostingPad servers in any way, under your current account or a new account, WebHostingPad reserves the right to forcibly remove your site without prior notice or refund, and pursue legal action as necessary.
Spam
In accordance with the CAN-SPAM Act of 2003, sending unsolicited bulk and/or commercial messages over the internet, commonly known as “spamming”, is illegal and strictly prohibited, regardless of whether or not it overloads a WebHostingPad server or disrupts service to WebHostingPad customers.
The following actions are also considered a form of “spamming” and are prohibited:
Maintaining an open SMTP policy or allowing one to continue uninhibited;
Maintaining an open mail relay or allowing one to continue uninhibited;
Using an ISP or IPP to reference a website hosted by WebHostingPad in the spam message;
Selling or distributing software that facilitates spamming on a website hosted by WebHostingPad;
Linking to websites, either through your website or email sent from WebHostingPad servers, that have been identified as spam, including websites that provide DNS services or website redirect services;
Commissioning a third party to send emails that violate the CAN-SPAM Act or this policy
Sending emails or other electronic communication that employs techniques to misinterpret, hide, or obscure information identifying the point of origin or transmission path of the message;
Using a third party’s domain name or equipment to send electronic communications without the permission of that third party;
Any other unauthorized use of WebHostingPad services to spam, at WebHostingPad’s sole discretion.
Mass data collection through or from WebHostingPad services is prohibited.
WebHostingPad reserves the right to block communications or IP addresses, suspend, terminate, or contact law enforcement about you in the event that WebHostingPad discovers, at its sole discretion, the distribution of or participation in any form of spamming through or connected to WebHostingPad services.
To report a violation of this policy, email abuse@webhostingpad.com
Data Restrictions
WebHostingPad reserves the right to suspend, without prior notification and at its sole discretion, your account if your site is found to be in violation of these terms or service, including use of your hosting space to store media or emails. You are solely responsible for removal of any and all excess media, email, or files to meet the criteria of these terms, and/or to avoid suspension. If you wish to set up POP3 or IMAP to store your emails elsewhere, WebHostingPad Support will help you, with the understanding that we are under no obligation to do so.
Bandwidth
WebHostingPad offers unlimited bandwidth with its shared hosting packages, with the understanding that “unlimited” is incremental. The initial quota for bandwidth is 100 GB (gigabytes) per month, which the majority of users will never exceed. If you have used 90% or more of this quota, you may contact WebHostingPad to request an increase, which WebHostingPad will grant you, free of charge, if you meet the following requirements:
Your account is active and in good standing, without outstanding unpaid charges, and;
Your site, both in bandwidth usage and general usage, does not violate or otherwise disregard these terms of service.
WebHostingPad reserves the right to deny bandwidth increase, suspend your account, or take further action, if your site or account does not comply with the terms of service, including if your bandwidth usage is caused by illegal or malicious means, unintentional or not, or your site is compromised in such a way as to alter bandwidth usage significantly, to the harm of other uses. In the event that your bandwidth usage is caused by malicious or unnatural means, and 1) the malicious or unnatural means are resolved and no longer acting on the account or site, and 2) you still use 90% or more of your bandwidth quota, you may then request a bandwidth increase, which WebHostingPad will, at its sole discretion, decide to grant or deny. WebHostingPad is not liable for any denial of bandwidth increase, or loss or damages resulting from that denial, that occur.
Hosting Space
WebHostingPad offers unlimited web hosting space with its shared hosting packages, with the understanding that “unlimited” is incremental. The initial quota for web hosting space is 10 GB (gigabytes), which the majority of users will never exceed. If you have used 90% or more of this quota, you may contact WebHostingPad to request an increase, which WebHostingPad will grant you, free of charge, if and only if you meet the following requirements:
Your account is active and in good standing, without outstanding unpaid charges, and;
Your site complies with the terms of service laid out in this contract, and;
No more than 10% of your web hosting space quota is used for backup or storage, including storage for multimedia content such as, but not limited to, movies, music, photos, emails, or other media, as laid out below:
Your hosting space is intended for storing necessary site files, such as .html, .css, .php, .js, .tpl, and other files required for displaying your site online. It is not intended for massive quantities of multimedia files, included, but not limited to, photo files (.jpg, .png, .gif. .svg, .eps, .psd, etc.), video files (.avi, .mkv, .mov, .wmv, .mp4, etc.), music files (.mp3, .wav, .wma, .m4a, .flac, etc.), document files (.pdf, .docx, .pptx, .zip, .rar, etc.), or emails. You may allocate the first 10 GB of your hosting space however you like, with the understanding that to receive an increase, you must fall within these terms.
WebHostingPad accounts are limited to 200,000 inodes (individual files.) In the event your account is using over 200,000 inodes, you may be warned about the account usage, and if no action is taken, your account may be suspended. You can either remove the files or purchase an additional 10k inodes for $9.99/mo.
WebHostingPad reserves the right to suspend, without prior notification and at its sole discretion, your account if your site is found to be in violation of these terms of service, including use of your hosting space to store media or emails. You are solely responsible for removal of any and all excess media, email, or files to meet the criteria of these terms, and/or to avoid suspension. If you wish to set up POP3 or IMAP to store your emails elsewhere, WebHostingPad Support will help you, with the understanding that we are under no obligation to do so.
I/O Usage
I/O cannot exceed 1 mbps (1000 kbps) at any time. I/O is the speed at which an account is reading and/or writing to the hard drive, such as during FTP. Excessive I/O usage can decrease server performance and hard drive life, and is not allowed for the safety of the server, hard drive, and all clients with websites on the server.
WebHostingPad reservers the right to suspend, without prior notification and at its sole discretion, your account if your I/O usage exceeds 1 mbps at any point, or if your I/O usage is otherwise negatively affecting the server, hard drive, or other clients on the server, regardless of whether it exceeds the defined limit.
Uptime Guarantee
WebHostingPad guarantees that our servers will be up and running at least 99.9% of the time during any given 12-month period. This guarantee does not cover any areas where WebHostingPad has no direct influence, such as backbone provider, hardware failures, fibre-optic main line cuts, DNS or Domain Registrar issues, Distributed Denial of Service (DDoS) attacks, or connection issues between your location and the WebHostingPad data center, including, but not limited to, internet service provider blockages, browser caching issues, and IP blocks. This uptime guarantee is also not applicable for service interruptions caused by natural disasters, wars, political or social upheaval, terrorism, the zombie apocalypse, or other external issues WebHostingPad has no control over.
Uptime is monitored within WebHostingPad’s servers and any third party monitoring software will not be honored.
In the event WebHostingPad does not meet the 99.9% uptime guarantee, hosting credit will be issued to your account in an amount equalling one month of hosting for every 24 hours of downtime exceeding the 99.9% guarantee.
Site Backups
You are responsible for ensuring the backup of your site, in the following manners as applicable.
You are solely responsible for making backups, or configuring a service that makes backups of, all emails on any email addresses connected to your account. WebHostingPad does not make backups of any emails, at any time or for any reason. Should you desire backups of your emails, you are solely responsible for setting up POP3, IMAP, or alternative email backup services, using a third-party email client with the proper settings, with the full understanding that WebHostingPad is in no way at fault for lost or missing emails, failure of third party programs, or other issues that fall outside the scope of WebHostingPad’s hosting and email services.
With Premium Backup Service
If you have Premium Backup Service, and it is paid for, active, and your account is in good standing:
WebHostingPad will take weekly backups of your site, regardless of its size, and store them on our servers. You may restore from this backup at any point, with the understanding that your account must be active at the time of restore. WebHostingPad is not responsible if your account or service has been suspended, left unpaid, terminated, or otherwise rendered inaccessible. WebHostingPad is not liable for, and will deny, restoration of service, account function, or backup service in the event that your account is not active, and will not allow you access, for any period of time and for any reason, until the account has been paid and restored to good standing and service.
Should you require a backup at a time other than the weekly scheduled date that Premium Backup Service provides you, you are solely responsible for manually retrieving and storing backups of your site, at any time of your choosing, using the icon in your cPanel provided to you through the backup service. WebHostingPad is not responsible for your failure to create backups at any given point outside of the weekly scheduled backups, and will not be held accountable for inadequate backups provided, or lack of backups due to your service, account, or site being rendered inactive, suspended, or otherwise inaccessible.
Without Premium Backup Service
If you do not have Premium Backup Service, and your account is active and in good standing:
WebHostingPad takes monthly backups of all sites that are:
Under 3GB (gigabytes) total, including all site files, images, scripts, and other services or files requiring space.
Registered with accounts that are active, paid, and in good standing.
If your site exceeds the 3GB limit, WebHostingPad will not take backups.
If your account is suspended or otherwise disabled, WebHostingPad does not guarantee a backup will be available.
WebHostingPad does not guarantee that the backup of your site will be recent, or include any changes that you may have made within the last 2 months.
You are responsible for taking your own backups of your site, on your own external drive and not WebHostingPad’s servers, via your own methods, means, and programs. WebHostingPad does not provide this service, and takes no responsibility for your inability to backup your files, or any errors, problems, deletions, or delays with any third-party programs or software you may use to make backups.
For active accounts, there is a one-time fee of $39.95 to have WebHostingPad's team restore any backup that may be available for you, if for any reason you are unable or unwilling to restore your files yourself.
For accounts that are cancelled, suspended, unpaid, or within 30 days of your renewal date, you may either take the necessary steps to return your account to active with no outstanding invoices, or you may pay a one-time fee of $79.95 to receive a copy of your current site files as they stand without reactivating your account.
By agreeing to these terms, you hereby agree WebHostingPad is not responsible for failure to produce backups, and accept sole responsibility for ensuring your website is properly backed up, up-to-date, and stored externally.
WebHostingPad Property
WebHostingPad remains the owner of its own material, including logos, codes, designs, and trademarks, regardless of its location on the internet, WebHostingPad’s website or affiliated websites, or your own website. You may not modify, copy, distribute, reproduce, sell, or exploit WebHostingPad’s content in any way, unless otherwise dictated by WebHostingPad. You may not disassemble, decompile, reverse engineer, or derive trade secrets or source code from WebHostingPad’s website or any websites WebHostingPad owns. You may not remove copyright information, watermarks, or credits from WebHostingPad content. WebHostingPad reserves the right to immediately and permanently terminate your account in the event you are using WebHostingPad’s content in a manner deemed inappropriate or illegal, at WebHostingPad’s sole discretion.
WebHostingPad maintains ownership of all its IP addresses, and IP addresses assigned to WebHostingPad’s servers, regardless of the sites stored or hosted on said servers. You have no claim to any IP address assigned to you by WebHostingPad, and upon cancellation or termination of your account, any IP address you may have associated with your account or your website is still owned by WebHostingPad.
Third-Party / Open Source Software
WebHostingPad is not responsible for, nor has any obligation to help with, problems with third party or open source software used for interacting with WebHostingPad’s services, even those installed or recommended by WebHostingPad, but not owned or controlled by WebHostingPad. You accept full responsibility for using, downloading, or installing these programs, scripts, or software, at your own risk, and agree to hold harmless WebHostingPad from any responsibility for the actions or results arising.
You are responsible for contacting the relevant third party support for the script or software you require assistance with, and understand WebHostingPad is under no obligation to help you with these scripts or softwares.
Any hacking, security breaches, phishing, or information piracy as a result of these scripts or softwares, is your sole responsibility. Any security risk or loss of content as a result of these scripts or softwares is not the fault or responsibility of WebHostingPad, nor are any corrective actions or unintentional loss of content arising from WebHostingPad’s actions. No refunds will be awarded due to loss of data, information, or content, arising from the direct or indirect use, execution, or correction of these scripts or services.
WebHostingPad as a Reseller
WebHostingPad may act as a reseller of certain services, produced and maintained by separate companies. WebHostingPad is not responsible for any changes made to aforementioned services that result in malfunction, shutdown, error, or other performance issues, and has no obligation to resolve such issues. WebHostingPad does not have any bearing or control in regard to the terms and conditions of the companies we resell for, or the quality of their product/service.
Additionally, all domains, regardless of registrar, are subject to the Internet Corporation for Assigned Names and Numbers (ICANN) and any rules, laws, terms, policies, or conditions set forth by ICANN. WebHostingPad is entirely separate from ICANN, and holds absolutely no power over any changes or additions to ICANN’s regulations and controls. WebHostingPad is not liable for any difficulties, damages, or losses resulting from adherence to ICANN policies, and will not offer refunds or compensation, nor submit to legal disputes, regarding claims involving ICANN policies.
You understand and agree that certain services offered through WebHostingPad are managed by third party providers, and that you may be subject to further terms, policies, and procedures as set forth by the individual third parties, over which WebHostingPad has no influence or control.
WebHostingPad acquires SSL Certificates from GeoTrust, a separate company. In some cases, GeoTrust may determine, at their sole discretion, that the website applying for a certificate must pass resource control checks before the certificate can be issued, for security purposes. In the event of resource control checks on your website, GeoTrust may withhold your SSL certificate for 3-5 business days, or in rare cases, deny your certificate entirely.
Some reasons why GeoTrust may flag your site for resource control checks are:
Malicious content or code, or suspected malicious content or code, was flagged by a GeoTrust scanner on your website.
There are inconsistencies in the information you provided when applying for the certificate, such as an unrecognized city name, misspelled domain name, or insufficient information.
Other activities or occurences that may appear on your website or application, determined at GeoTrust's sole discretion.
Modifications
WebHostingPad may discontinue, upgrade, replace, modify, or change in any way without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide you and other customers with WebHostingPad services. Certain changes to WebHostingPad services may affect the operation of your personalized applications and content. You are solely responsible for any and all such personalized applications and content, except as expressly agreed to by WebHostingPad. WebHostingPad is not liable for any resulting loss, damage, malfunction, or change in these personalized applications and content.
Legal Terms
Complete Web Reviews, DBA WebHostingPad, is a Limited-Liability Company (LLC) with the following protections and clauses:
Indemnification
You agree to protect, defend, hold harmless, and indemnify WebHostingPad, any third party entity related to WebHostingPad (including, without limitation, third party vendors), and WebHostingPad executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of action, including, without limitation, any and all legal fees and expenses, arising from the customer’s use of WebHostingPad services.
Disclaimer of Warranty
WebHostingPad services are provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. WebHostingPad expressly disclaims any representation or warranty that the WebHostingPad service will be error-free, secure, or uninterrupted. No oral advice or written information given by WebHostingPad, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebHostingPad and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. WebHostingPad will not claim any warranties as to results obtained from use of its services, or to the accuracy of information or merchandise contained therein. WebHostingPad is not liable for the content of any data transferred through, stored on, or otherwise retained on its services.
WebHostingPad services are provided on an as-is, as-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. WebHostingPad expressly disclaims any representation or warranty that the WebHostingPad service will be error-free, secure, or uninterrupted. No oral advice or written information given by WebHostingPad, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. WebHostingPad and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. WebHostingPad will not claim any warranties as to results obtained from use of its services, or to the accuracy of information or merchandise contained therein. WebHostingPad is not liable for the content of any data transferred through, stored on, or otherwise retained on its services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL WEBHOSTINGPAD (INCLUDING, WITHOUT LIMITATION, WEBHOSTINGPAD’S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT OR SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WEBHOSTINGPAD’S SERVICES, BE LIABLE FOR:
LOSS OF A DOMAIN NAME;
ANY BUSINESS OR PERSONAL LOSS;
DECREASE OR LOSS OF REVENUE;
INCREASED EXPENSES;
COSTS OF SUBSTITUTE PRODUCTS AND/OR WEBHOSTINGPAD SERVICES;
ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND ARISING FROM USE, OR INABILITY TO USE, ANY WEBHOSTINGPAD SERVICES, EVEN IF WEBHOSTINGPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
ANY OTHER LOSS OR DAMAGE WHATSOEVER.
WEBHOSTINGPAD’S TOTAL CUMULATIVE LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES RELATED TO THE TERMS OF SERVICE OR WEBHOSTINGPAD’S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY WEBHOSTINGPAD OR WEBHOSTINGPAD’S REPRESENTATIVE, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY YOU OR THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES, AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Jury Trial Waiver
Both WebHostingPad and you hereby agree, with an understanding that this waiver is irrevocable and required for agreement to the contract laid out by these terms, to waive any and all rights to a jury trial for any claims or disputes resulting from any section of these terms of service. This waiver is all-encompassing, irrefutable, and extends beyond any breach of this contract by either party. There will be no jury trials. At all, ever.
Furthermore, any and all legal matters fall within the jurisdiction of the state of Illinois. WebHostingPad, you, and any third parties involved in any disputes, inquiries, or legal matters, agree to abide by the laws set forth by the state of Illinois, and will submit to its governing body when necessary, to reach a resolution to all matters requiring such action.
Removal of Account and Refusal of Service
If your account is suspended for any of the above reasons three or more times, or has been in a suspended status for 60 days, it will be cancelled and removed from our servers. WebHostingPad reserves the right to refuse, cancel, or suspend service for any reason or no reason, with or without prior notification, at its sole discretion, if WebHostingPad deems it necessary.
Subject to Change
These Terms of Service are subject to change at any time, so please check this page frequently. You will be notified of any changes to the terms on this page, or by email if the change is deemed significant and you have not opted-out of email notifications. Your continued use of the services following a change constitutes acceptance of the updated terms.
Last modified December 14, 2022.
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