fbpx

WP Reactive Hosting Terms of Service and Acceptable Use Policy

By using WP-Reactive Hosting Services (WPRHS); clicking and scrolling through these terms or signing an order to which they are attached or referenced constitutes acceptance and agreement to the terms and conditions set out in these Terms of Service (TOS).

The purpose of TOS is to ensure quality of service, performance continuity and infrastructure integrity for all clients of WPRHS.

The Acceptable Use Plan (AUP), Privacy Policy (PP) which are referenced in the TOS, and any other terms referenced by any preceding agreement are collectively known as the “Agreement”. The Agreement sets out the exclusive terms and conditions between the parties and supersedes all previous agreements, negotiations and all other written and oral communications between the parties.

Acceptable Use

All services provided by WPRHS must be used for lawful purposes only. The transmission, storage, or presentation of any information, data or material in violation of any International, Australian Federal, State or Local law is prohibited. WPRHS reserves the right to refuse sites promoting content that violate the laws of other countries as well.

Note: Pornography, sex, non-prescriptive drugs, hate, racism, violence related merchandising and content are prohibited on any WPRHS servers. This includes sites that may imply sexual, hate, violence, racism content or links to content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to WPRHS servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of prohibited content or links include (but are not limited to): IRC software; pirated software; hacking programs or archives; warez sites; distribution of music files or any other material in which the account holder does not own the copyright; porn spamming software; adult sites; game servers (dedicated game server programs). WPRHS will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Account Creation

Upon creating your hosting account, we will install the latest version WordPress. As part of that installation a simple dashboard will be displayed that will assist you to launch your new server and to select a location. This dashboard contains links to manage your server (start, restart, stop, reboot), our knowledge base and other important links. You are able to de-activate or delete your WPRHS at any time. WPRHS is available to create a hosting account for you at the added cost of $100AU.

Domain Name Registration, Renewal & Transfers

Domain name registrations, renewals and transfers are your responsibility. Your domain is governed by your respective domain authority including, but not limited to the following: AU –www.ausregistry.com.au; NZ – www.dnc.org.nz; UK – www.nominet.org.uk.

Server Resources

If you need more server resources (including but not limited to, CPU, memory usage and network resources) you may change to the next hosting plan. However, you will not be able to downgrade unless you reduce your sever resources and you take up a new WP-Reactive hosting plan.

Email Marketing/Mass Email

WPRHS private server environment are set up to provide our client’s customers with the best online experience and are not to be used for newsletter or mass email campaigns. If you want to set up an email account(s) using WordPress you will need to set up and smtp address or use an app to send as G-Mail. WPRHS can assist you in setting this up for an additional cost of $100/hour.

Hardware, Equipment and Software

All clients are responsible for all telephone, computer, hardware, software, equipment and services necessary to access WPRHS. WPRHS makes no representations, warranties, or assurances that the client’s telephone, computer, hardware, software, equipment and services will be compatible with WPRHS.

Backups and Data

WPRHS provides a daily backup for all client accounts within our AWS S3 server network. WPRHS recommends that the client maintains local copies of all critical data. WPRHS accepts no responsibility for any data loss or corruption.

Full backups stored on AWS S3 servers for no longer that 30 days. The client must download the full backup to a local computer as any full backups stored on our AWS S3 server for longer than 30 days will be automatically removed from your account.

We retain a full backup of cancelled or terminated accounts for a maximum of 30 days. Should you require this data a $200AU data recovery fee is payable prior to the data being released.

Account Security

Although WPRHS provides its clients with a high level of security it is still the client’s responsibility to maintain secure passwords and keep all software, installations, plugins and themes up to date.

Any account which is compromised or contains malware or spam scripts will be taken offline or have infected files quarantined.

In the event that a client account is to be taken off-line or have files sent to quarantine you may contact us for more information, recommendations and assistance. Any information, recommendations or assistance provided is done so at our discretion. You may then wish to resolve the issue yourself or employ a third party to do this for you.

Suspension, Cancellation and Termination

WPRHS reserves the right to suspend or cancel an account holder’s access at our servers. Any breach of our terms and conditions may result in the immediate deactivation and/or removal of your client account from our servers.

For security purposes, all service cancellations must be submitted via the WPRHS dashboard. If you do not know your login details, you can request a password reset. All outstanding invoices must be paid in full prior to the cancellation request being processed.

WPRHS reserves the right to request annual payment for any account suspended for two failed credit card transactions.

WPRHS reserves the right to terminate and delete all data (including backups) for any services which remain unpaid for any period exceeding 30 days.

Billing and Refunds

The creation of this hosting service is dependent upon receipt, by WPRHS, of payment of the stated charges. WPRHS billing and refunds policy forms part of our terms of service and can be found here – WPRHS Billing and Refunds Policy.

Migrations from other hosts

Client hosting account(s) will be migrated from your existing host free of charge. If, during our review of your existing account, we find that there will be additional steps outside of our normal migration procedure, which may increase the time taken to migrate the account, we reserve the right of refusal; to provide an estimate of hours and or quote a lumpsum amount for the additional works required to migrate your account.

Client hosting accounts found to contain malware, malicious scripts, viruses, bots, trojans or any file we deem harmful to our servers, will be suspended until either the client or WPRHS have removed such files.

Prior to the migration of your existing hosting account, WPRHS will advise you of any actions or considerations you may need to undertake in relation to the hosting account, email accounts or DNS settings on your existing network and your new WPRHS hosting service.

WPRHS will complete the migration during normal business hours with minimal disruption to your business services. However, WPRHS accepts no responsibility for any events that are outside of our control, including, but is not limited to DNS propagation, software incompatibility, plugin incompatibility, data corruption, email settings, actions of your old provider.

Service Availability

We shall endeavour to provide continuing availability of services and server stability, but we shall not, in any event, be liable for service delays and interruptions or down time of the server, outside of our Service Level Agreement.

Liability and Indemnity

You agree to indemnify and hold harmless WPRHS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of WPRHS, including but not limited to your violation of this Agreement.

Service Level Agreement

WPRHS virtual private server packages are covered by a 99.8% (per calendar month) uptime SLA. If availability is below 99%, a full credit is available for that month but only if a refund request is received within 14 day from midnight on the last day of that month.

The availability guarantee does not apply to the functionality or operation of any software on any supplied servers; if the service becomes unavailable due to Customer’s actions or actions of any third party; if an IP address is blocked by the firewall or SFTP; email availability; WPRHS standard scheduled maintenance; any maintenance where six hours advance notice is given, if the website is still available to other networks. Maintenance periods will be scheduled outside 08:00 to 22:00 Monday to Fridays.

All interruptions are deemed to begin from the time the Customer lodges a fault ticket or phone call with WPRHS support.

Service Performance:

All WPRHS hosting services are monitored 24/7 for potential performance issues in order to provide a high standard of service to our clients. However, as there are many factors that are out of our control that can impact the performance of the hosting service, such as software type, excessive traffic or denial of service attacks, internet connection speeds, usage of a service in a way that it is not designed the service performance, speed or degradation issues are not covered by an SLA.

If you suspect a service-related performance issue, then contact support on [email protected] and we will investigate further.

Incident Reports

Outages

In the event of an outage, lasting more than 60 minutes, WPRHS will issue an incident report outlining the nature of the incident and the steps taken to resolve and prevent repeat occurrences. In the event of an outage that is less than 60 minutes WPRHS will update our dashboard with an outage notification and outage resolution notice.

Hacking

WPRHS can provide clients with a “best effort” incident report for website hacking or defacement. WPRHS does not monitor for such issues. However, all virtual private servers have security software to reduce the risk of your website being hacked. In the even that we detect an issue, we will contact you and provide information as to the cause and best method of resolution.

As you are given access to the virtual private server for the purpose of uploading files onto your account you may unknowingly upload vulnerable or malicious files. Malicious files will be scanned and quarantined by our malware scanners, however there is no such scan for a vulnerable file.

Although firewalls, brute force and intrusion detection methods are used on our virtual private servers it is your obligation to ensure that best practice security measures are followed including but not limited to the use strong passwords and keeping software up to date.

If in the event that you detect a hacking related issue before, please open a support ticket or send an email to [email protected] so that we may investigate further.

Server Management

WPRHS virtual private servers are covered by our SLA. All WPRHS virtual private servers are monitored 24/7 for CPU, load, disk space, network traffic and uptime only.

WPRHS server management services includes 24×7 monitoring and up to one hour of scheduled or ad-hoc maintenance per month. Any maintenance or repairs that are needed after this initial one-hour period are billed at $200AU/hour.

WordPress Maintenance

All WordPress, plugin and theme updates are only provided to those clients that take up this service. Our WordPress maintenance package includes updating WP minor and major releases, updating plugins and themes.

Client websites are backed up prior to undertaking any updates to the website so that you can roll back to the previous version in the event of an issue. Automatic updates will only be enabled for themes and plugins. Any themes or plugins which require manual updates or have had their version number modified, will not be managed and will require the attention of yourself or your web developer.

At WPRHS we follow industry best practices when updating WordPress installations and always create a backup. As WPRHS is not the developer or owner of the plugins and themes you may have installed WPRHS will not guarantee that they will be bug-free or function as described by the author. In the event that issues do arise due to a plugin or theme update, the client can decide to roll back the update and or contact the author or web developer to rectify the issue. In the event that you request WPRHS to rectify these issues with you the hourly rate is $200AU/hour.

Anti-Bribery and Corruption

At WPRHS we do not engage in corrupt business practices and have implemented policies and procedure to prevent bribery and corruption by any director, employee, contractor or other party representing WPRHS.

WPRHS complies with all applicable laws, regulations and standards or, where internal policies require a higher standard, will apply and comply with such higher standard.

WPRHS prohibits the giving and receiving of gifts to avoid creating an obligation or used by others to allege favouritism, discrimination, collusion or similarly unacceptable practices by WPRHS.

TOS Updates

WPRHS reserves the right to update, revise, amend and modify the WPRHS Terms of Service at any time, without notice.

Questions

If you would like further information or have any questions regarding our TOS please contact [email protected]

M