TERMS OF SERVICE (TOS)

WPCloud Hosting

You may not use any shared system provided by WPCloud in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of WPCloud Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

  1. You must have valid and current information on file with your domain name registrar for any domain hosted on the WPCloud network
  2. You may only use IP addresses assigned to you by WPCloud in connection with your WPCloud services
  3. You agree that if the WPCloud IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this TOS, and WPCloud may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions
  4. WPCloud staff will create a WordPress user with ADMIN privileges on each WordPress install.  This account is used by our team to perform updates, monitor plugins & provide client support.  Please do not delete this account.  Repeated deletions of this account will result in suspension of your WordPress install & or account.

 

Subscription

WPCloud offers a subscription based hosting service.  Customers may select between monthly, quarterly, semi-annual, and yearly subscription model (where and as available per service). Accepted payment methods include all major credit cards (Visa, MasterCard, American Express), PayPal.  It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to WPCloud’s Hosting and Related services. Accounts are eligible for automatic or manual suspension once 10 days past due.  A suspended account will be cancelled with 3 days of suspension. Once an account is cancelled, all data is lost and unrecoverable

Cancellation Policy

  1. Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be canceled.
  2. WPCloud offers a 30 no questions asked refund policy on all new accounts.
  3. Hosting accounts can be canceled at any time and without notice.  Cancellations will be processed immediately upon receipt of the cancellation request and no additional payment is due beyond the current billing period

SLA

No credit will be available under a WPCloud service level guarantee or agreement for interruptions of service resulting from TOS violations.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.

WPCloud SLA

WPCloud offers a 99.9% server uptime guarantee. A service will be available to the internet – Isolated ISP or transit outages are out of our control and not covered by this SLA. This SLA covers unscheduled maintenance windows within our networks and datacentre.

If a migration is required because of server degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your service availability.

Credits

If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits to accounts will be calculated as a percentage of the fees for the accounts adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

You will receive a credit of five percent (5%) of your monthly fee for every hour that we fail to meet our SLA terms.  Credits will be applied to your hosting account balance.

Please note – Scheduled Maintenance Windows,cPanel Control Panel Service & WordPress Dashboards (WP-ADMIN)  are exempt from any uptime SLA’s as our control panel services are isolated from our other services and typically we will take the control panels offline while performing major system upgrades – however, other core services will not be affected and are still protected per our SLA above.

Limitations

  • Emergency maintenance
  • Maintenance that is performed during our maintenance window (2AM – 5AM EST.)
  • Website Hacked or defaced (hacked or defaced websites will be cleaned/restored within 2 hours of notice)
  • WordPress or plugin code issues/updates

You are not entitled to a credit if you are in breach of your services agreement with WPCloud (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if the downtime would not have occurred due to your actions or a breach of your agreement with WPCloud, your misuse/actions of the server systems whether on purpose or accidentally, or through an attack against your specific account.

Not withstanding anything in this Service Level Guarantee to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for a monthly billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Guarantee is part of your Agreement with WPCloud, along Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.

To receive an SLA credit, WPCloud customers must contact the billing department via the ticketing system. You must show that your use was adversely affected in some way as a result of the downtime to be eligible for the credit.

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.

PRIVACY POLICY

WPCloud respects your privacy and is committed to maintaining the privacy and confidentiality of data we collect. The purpose of this Privacy Statement is to demonstrate our firm commitment to the privacy and protection of personal data to WPCloud and its affiliates. This Privacy Statement describes the ways we collect information and what is collected.

By visiting WPCloud websites or are otherwise providing your personal information to WPCloud via any other means, you are accepting and consenting to the practices described in this Privacy Statement.

For purposes of this Privacy Statement, the term “visitor” includes visitors to our websites who are not yet customers, those who become customers, as well as those who do not become customers; whether you upload information to our websites, download it, or are merely visiting our websites.

  1. WHAT DO WE COLLECT AND WHERE?

The information we collect may include your personal information, such as your name, contact information, IP addresses, Live Chat Messages, phone conversation logs, product and service selections and orders or other items that identify you individually.

Generally, we may collect information about you in the following manners:

  • you may provide your personal information to us via chat, email or other written correspondence, telephone calls, web based forms, or other means
  • we use automated technical means to collect information about all website visitors for example by use of cookies

Web Visit

You may visit our Websites in any of the following ways:

  • By using your browser to navigate to our Websites
  • By viewing an advertisement displayed on a third party website that is served content by our web server

When you visit our Websites, our server logs your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our website you view. If you arrive at our website by clicking a paid advertisement (including a paid search engine result) or via a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our Website by clicking a non-paid source, such as link in a non-paid search engine result or a hyperlink on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.

We will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and us to allow us to improve the services we offer to you through our Website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is found in your browser’s “security settings” section. Permanently disabling cookies in your browser may hinder your use of our Website as well as other websites and interactive services.

We do not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.

Hyperlinks to non-WPCloud Websites

We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from WPCloud practices and are not controlled by WPCloud and covered by this Privacy Statement. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your personal data.

Minor Children’s Online Privacy Protection

Our services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

  1. WHAT DO WE USE THIS INFORMATION FOR?

Personal Information

We may use your information to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Website, recommend merchandise and services that might be of interest to you, to personalize your visit to our Website, and to enable us to review develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.

Contact Information

We use visitor information to send information about our company to visitors and to get in touch with them when necessary.

Financial Information and payment card details

We may ask visitors to enter credit card or account information in order to process orders for services placed with WPCloud. Financial information provided via our website or via the our control panel/portal is transferred over a secure connection. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction.

Credit card numbers are used only for processing payments and are not used for any other purposes.

We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, we will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits. Your telephone call may be recorded and we may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.

  1. DISCLOSURE OF PERSONAL INFORMATION

Personal information we gather is for internal use only and we will NOT authorize the release of this information to anyone outside WPCloud (except to third party service providers to WPCloud who perform functions on our behalf but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function), unless you have consented to such disclosure.

WPCloud as a Canadian company is also bound by the “Personal Information Protection and Electronic Documents Act” (PIPEDA). The act is intended to protect the personal information of Canadian citizens.

Should you breach our terms and conditions or website terms, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority.. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

We may release the information we collect to third parties, where the information is provided to enable such third party to provide services to us, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Statement, and is permitted to use the information only for the purpose of providing services to us.

  1. SECURITY OF YOUR INFORMATION

WPCloud is committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us on a computer system located in a controlled facility with a limited access. Visitor textual information is encrypted during transmission, our company databases are accessible only by WPCloud employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreements with WPCloud.

  1. DATA INTEGRITY

Personal data we collect is relevant for the purposes for which it is to be used. WPCloud takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.

  1. RIGHT TO ACCESS YOUR PERSONAL INFORMATION

If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us, and we will take steps to correct or delete the information, or restrict its use, as appropriate.

  1. VERIFICATION

WPCloud utilizes the self-assessment approach to assure its compliance with its Privacy Statement. WPCloud regularly verifies that the privacy statement is accurate, comprehensive, prominently displayed, completely implemented and in conformity. Appropriate employee training is in place and internal procedures for periodically conducting objective reviews of compliance are in place.

  1. INQUIRIES OR COMPLAINTS

If you have a question or complaint about this Privacy Statement or our information collection practices, please contact us. We will investigate the matter and are committed to resolve any privacy concerns that you may have.

  1. CHANGES

Our business changes constantly and our Privacy Statement may also change from time to time. You should check our website frequently to see recent changes, however, we will never materially change our policies and practices to make them less protective of personal information collected in the past without your prior consent.

ACCEPTABLE USE POLICY (AUP)

This AUP is incorporated by reference in your hosting services agreement with WPCloud.

Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with WPCloud.

Inquiries regarding this policy should be directed to support@wpcloud.ca.

Abuse

You may not use the WPCloud network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

  1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
  2. Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network
  3. Interference with service to any user of the WPCloud or other network including, without limitation, mail bombing, flooding, deliberate or non deliberate attempts to overload a system and broadcast attacks
  4. Use of an Internet account or computer without the owner’s authorization
  5. Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting)
  6. Collecting or using information without the consent of the owner of the information
  7. Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting
  8. Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user
  9. Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool)
  10. Any conduct that is likely to result in retaliation against the WPCloud network or website, or WPCloud employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS)
  11. Bulk Email You may not use a WPCloud Mail Service to send bulk mail.
  12. No Lottery or Auction based sites unless approved by WPCloud staff.
  13. Due to the current legal limbo (gray area), we do not allow marijuana dispensaries.

Mail Requirements

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to commercial email. In addition, commercial email must meet the following requirements:

  1. Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure
  2. Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given
  3. You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and WPCloud requests to produce consent evidence within 72 hours of receipt of the request
  4. You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line and you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours
  5. You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the “TO” line of the email
  6. The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information
  7. You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days
  8. We do not allow clients to send more than 2000 pieces of e-mail per day.  If you do send more than 2000 pieces of e-mail per day, your account could be placed on hold for Network Abuse.

These policies apply to messages sent using your WPCloud services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your WPCloud service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.

WPCloud may test and otherwise monitor your compliance with its requirements. WPCloud may block the transmission of email that violates these provisions.

Unsolicited Communications

You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a WPCloud system or network, or to breach WPCloud security or authentication measures, whether by passive or intrusive techniques, without WPCloud’s express written consent.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your WPCloud services.

Offensive Content

You may not publish, transmit or store on or via WPCloud’s network and equipment any content or links to any content that WPCloud reasonably believes:

  1. Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
  2. Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
  3. Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
  4. Is defamatory or violates a person’s privacy
  5. Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
  6. Improperly exposes trade secrets or other confidential or proprietary information of another person
  7. Is intended to assist others in defeating technical copyright protections
  8. Infringes on another person’s copyright, trade or service mark, patent, or other property right
  9. Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
  10. Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to WPCloud
  11. Is otherwise malicious, fraudulent, or may result in retaliation against WPCloud by offended viewers or recipients, or is intended to harass or threaten.
  12. No Lottery or Auction based sites unless approved by WPCloud staff.
  13. No Porn
  14. No File Storage

Content “published or transmitted” via WPCloud’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

Live Events You may not use your WPCloud services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. WPCloud may prohibit you from streaming other live events where there is a special risk, in WPCloud’s reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use WPCloud’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

  1. You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner
  2. You are otherwise permitted by established copyright law to copy the work in that manner

It is WPCloud’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Shared Systems

You may not use any shared system provided by WPCloud in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of WPCloud Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

  1. You must have valid and current information on file with your domain name registrar for any domain hosted on the WPCloud network
  2. You may only use IP addresses assigned to you by WPCloud in connection with your WPCloud services
  3. You agree that if the WPCloud IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and WPCloud may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions