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WPPODS Terms of Service (TOS)

This terms of agreement ("TOS," "Terms" or "Agreement") apply to all services performed by 5 Lions Enterprises, LLC, doing business as “WPPODS” (hereinafter referred to as "WPPODS," "we," "us," or "our") for you. As a condition of WPPODS performing Services, you acknowledge and accept the terms and conditions contained in this Agreement. The current TOS is always available on/s the WPPODS' website at /tos. We may change this TOS at any time with notice/communication to you by email and by updating the TOS on our website. If you do not agree to any changes, you may end this Agreement in accordance with the Termination section below. Capitalized terms if not defined within the particularly sentence shall have the meaning established in the definitions section below.

SECTION A

Application of Terms

This Agreement applies to all Services provided by WPPODS to you during the Term. This TOS consists of the following sections and provisions: Application of Terms, Service Level Agreement (SLA), Renewal Policy, Fair Use Policy, Backup Services, Privacy Policy and Indemnity. This TOS serves as the entire agreement relating to the Services and overrides any agreements before now entered into between you and WPPODS. Any other contract provisions presented by you are solely rejected.

General Terms & Conditions

You must be over the age of eighteen at the time you place an Order. You will receive passwords to be used when logging into your website and/or email, which you are solely responsible for maintaining. It is your responsibility to keep all passwords private and take applicable security measures to prevent any person from gaining access to them. Your personal information is treated in accordance with our Privacy Policy (Section F). Any information disclosed by us to you, either directly or indirectly, in writing, orally, or by careful examination of tangible objects that we (a) identify as confidential or proprietary; or (b) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself, is considered “Confidential Information”. You agree to preserve the private nature of our Confidential Information by retaining and using the Confidential Information in trust and confidence, only for its use as permitted and in connection with this Agreement. We will have the right to seek a legal order (without having to post a bond) to prevent any failure or continued failure of this section. You agree to promptly report any breaches of this section to us. You are responsible for getting any licenses or permissions from any third party which are needed to upload content to the Services. By agreeing to transition your website to WPPODS, you understand that you will be redirected to third party websites to receive and use third party products, including plugins, and services that are not owned or controlled by WPPODS. WPPODS has no responsibility for the terms of use or service, privacy policies, or practices of any such third party provider. Your use of any such third party provider for transition purposes is at your own risk, and You release and hold harmless WPPODS from any and all liability arising from your use of the same. WPPODS's Service Level Agreement (SLA) in SECTION B identifies the performance you can expect from us. The SLA is your guide for Service and covered disruptions. The Services are distributed on an as-is basis, with varying hardware setups. WPPODS may replace your host server hardware, migrate it from one datacenter to another, migrate your account to another server or change certain software setups when considered necessary by WPPODS. These varying setups may result in performance differences from the Services. Certain parts of the Services will only be licensed to you, may only be used by you while using the Services, and may not be migrated. Upon End of this TOS, or a particular Service, this license will cease. The Services are given to you as configured for our standard customer. We may upgrade or update the Services and/or any software installed on your account at any time. This may occur without prior notice/communication to you. You bare final responsibility to make sure that the Services are configured to meet your security, privacy and operational needs. Your hardware, software and any other items you consider necessary to use the Services must be compatible with the Services. We are not obligated to change the Services to assist your use. The private and third-party software we offer as part of the Service is distributed as-is and is subject to all warranty disclaimers and limits of responsibility. We will use good faith efforts to backup data stored on the shared Services once a day, referred to as “Shared Backups”. Shared Backups are meant for internal use only and we cannot assure that a Shared Backup will be available for restore upon your request. It is your responsibility to backup of all your data content in order to prevent possible data loss. Backup Services are distributed "as-is." Even if you acquire our Backup Services, you agree that you will maintain your own set of backups independent of ours. If we provide data to you from a backup, it will be distributed as raw data, and you may be need to reformat that data so that it reflects a prior setup or use. If you acquire Backup Services from us, our only responsibility is to restore your Space to its operating condition. While we may provide help, it is your responsibility to restore your website. We may conclude that certain file extensions are not good for backup and exclude them. This includes, but is not limited to, music, movies and/or archives. It is your responsibility to check whether particular files will be, or have been, backed up (See SECTION E - BACKUP SERVICES). During our interactions with you, including Support distribution, we may ask you for feedback or you may provide commentary about the Services. You agree that we are free to use your feed-back for any purpose. If we make any changes to our current services or products, or develop new products or services using the commentary, you agree that we own all right, title and interest to such changes and/or new products or services. If you mistreat our support staff or any employee of WPPODS, we may end this Agreement and your access to the Services effective immediately. From time-to-time we may stop supporting parts of the Services (any such event, an "End of Life"). Should parts of the Services come to an End of Life, we will attempt to replace them with comparable components but may not be able to do so. An End of Life does not breach this Agreement.

Orders & Services

You may acquire Services from us in many different ways. The method you use to choose which Services to purchase is referred to as an “Order.” (Example: Email request, verbal request, via sales representative, etc). Each Order for Services by you will be deemed to be an offer by you to buy the Services from us subject to this TOS. No Order will be considered accepted by us until we provision your account (wordpress website software installed and your login created). The date on which we provide notice to you that the account is provisioned is the Effective Date of this Agreement. The Initial Term of the Services is set out on your Order (“Initial Term”). Upon the expiration of the Initial Term, we will renew your services as described in our Renewal Policy. We have no responsibility to deliver any Services other than those identified in the Order. All Orders will be reviewed to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before processing your Order. You may receive notice that your Order has been rejected because it fails to pass our Fraud Screen. Orders that fail our Fraud Screen will not be accepted and Service will not be provided. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen and we have no responsibility for Orders that are not processed because they have failed our Fraud Screen. You will provide to WPPODS, at your cost, any information, resources or facilities reasonably requested by WPPODS for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with WPPODS. Any instructions supplied by you to WPPODS must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by WPPODS due to any failure by you to comply with this paragraph and will not be liable for any errors caused by such failure. The charges for the Services are set out on the Order, referred to as “Fees”. Overages may apply if your use of the Services goes beyond your plan limits such as going beyond the number of monthly visitors). Additionally, we may adjust the Fees if there is a change to your site’s setup or your use of the Services (includes changes to CPU or RAM consumption, cache-ability, bandwidth, visitors or transfer).

Ownership of Your Account

To avoid any doubt, the first individual or business set as the wordpress administrator, excluding the 'WPPODS' built in account, is thought-out by us to be the owner of the account and all connected services, referred to as the ‘Account Owner’. If you are the Account Owner and are administering the account on behalf of a third party, you agree to manage this account in their best interests and protect us, in accordance to SECTION G - INDEMNITY (PROTECTION), should an individual or business claim that they own the account, or its content, or that your management has not, or is not, in their interest. Domain names are owned as set out in appropriate ICANN rules. If you acquire a domain name on behalf of a third party, and a dispute arises regarding your management of that domain name, you agree to pay all registration fees during the time of the pending dispute. The individual or business paying for the Services may not be deemed the ‘Account Owner’. It is your responsibility to make sure that you correctly designate ownership of your account. If there is a dispute about ownership, the account may be locked until the disputing parties agree on a resolution, or until the matter is judicially resolved. You are responsible for providing valid contact information and keeping your contact details up to date. If you do not, WPPODS accepts no responsibility in the event that it grants access to the account or gives ownership of the account to another person. Your contact information is located in your wordpress website Users Area. If on behalf of another person or entity, you create an account, you warrant that you will administer the account in good faith, and will protect us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to the End User and result in any claim against us. We do not claim any ownership rights in your content that you provide to us in connection with the Services, referred to as “Customer Content”. However, to provide the Services, we need you to grant us a right to use the Customer Content. As so, you hereby grants to us, our associates, providers of Third Party Services, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, change, publicly perform, publicly display, reproduce, and distribute the Customer Content (in whole or in part) but only to the extent necessary to provide the Services. WPPODS and its licensors own all right, title, and interest in and to Services and the systems and networks used to provide such Services (including all system created data such as performance data), including all changes, improvements, upgrades, feedback and comparable works provided by you or any Authorized User and all copyright/patent (intellectual property) rights in and to any of the previous. You agree to assign all right, title, and interest you may have in the foregoing to us. Except for the express rights granted within this TOS, we do not grant any other licenses, whether express or suggested, to any of WPPODS intellectual property (copyright/patent) including software, services and products. You are responsible for the charges set out on the Order, in the currency specified on the Order, referred to as “Fees”. All Fees are net of applicable taxes, unless clearly and definitely stated otherwise. You are responsible for all taxes and fees charged and collected on the Services. Taxes (excluding taxes on our income) will be added to the Fees and you agree to pay them. Invoices are due immediately upon receipt on their Due Date. Time for payment is crucial. Domain name registration Fees must be paid in full before your domain name registration will be processed. WPPODS reserves the right to suspend the Services until payment is made.

Payment & Fees

Our responsibility to provide the Services is dependent on your payment of the Fees by the Due Date. You will be charged the Fees beginning on the Effective Date. Our schedule of payments is set out on the Order; if no schedule is stated, Fees are due in full in advance, except that Fees for related overages will be invoiced and charged for late or missing payments. All Fees are payable in U.S. dollars and are non-refundable. We will collect the Fees by debiting the electronic payment method that you have provided to us or by sending an invoice by email. Credit, debit, or other comparable sources of payment may be debited up to two weeks prior to the due date. You must keep the method of payment current and able to be debited. We reserve the right to make an alternative payment method primary if we determine that the current one is not active for any reason. Ensuring we receive payment is your responsibility. If payment is not made by or on the due date, we may charge a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and added monthly. If you do not pay on time, we may suspend or terminate the Services and terminate this Agreement. In addition, Third Party Services may be relinquished. We may also send you to collections and add to the Fees any charges associated with collecting unpaid Fees. If the Services are suspended because we do not receive payment, we will preserve Customer Content in accordance with our normal backup processes and procedures. After that time, all Customer Content will be deleted. If you believe there is an error on your bill, you must contact us by email and the email must be acknowledged by us. We each agree to work together accordingly to resolve any billing disputes. If you contact your credit card company, before notifying us of the issue, and initiate a "chargeback" based on this dispute, we will charge you for investigation and processing. This reimburses us for the investigation your card issuer requires of us to conduct an order to determine our right to payment. All of your Services may be suspended during bill disputes; to reactivate these suspended Services, you must first pay all outstanding Fees. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have clearly agreed otherwise. WPPODS is not responsible for delays to refunds caused by processing/financial institutions or expiration of the original payment method. The term of this Agreement and any Order is one-month starting from the date Customer signs up is referred to as the “Initial Term”. Upon expiration of the Initial Term, this Agreement and any Order automatically renew for consecutive one month periods, each referred to as a “Renewal Term” unless one party alerts the other in writing of its intent not to renew no later than thirty days before the expiration of the then-current Renewal Term or the Agreement or the Order is otherwise ended in conjunction with the terms of this Agreement. Either party may end this TOS upon email notice to the other if one party materially breaches any terms of this TOS and the breaching party fails to rectify within ten days following the other party's email notice, or immediately, if the breach is unable to be amended.

Termination & Cancellation

Termination by WPPODS

WPPODS may end this TOS if (a) you do not make payments including Fees to WPPODS as they are due; (b) in WPPODS's reasonable opinion, you do not have adequate technical expertise to use the Services without extreme ongoing technical support; (c) WPPODS concludes that continued provision of the Service has become impractical or unworkable for technical, legal, regulatory or any other material reason; (d) you violate this TOS or any agreement included by reference; or (e) you exceed resource usage above that of our average client, soley determined by us. We may end a particular Order, or aspect of the Services, if a Third Party discontinues certain components of the Service available to us, or if providing them to you becomes cost prohibitive.

Termination by you

You may end the Services at any time by sending us a cancellation request to our support@WPPODS.com email address. We will send you an email confirmation to acknowledge your completion of the Cancellation Request, referred to as a “Cancellation Confirmation”. If you do not complete all steps of the Cancellation Request, or if you do not use a Cancellation Request to end the Services, the Services will not end and Fees will still be charged. In order to end each Service, you must follow this procedure. Once you complete a Cancellation Request, we will process it and if applicable, issue a refund, as set out in our Money Back Guarantee. You recognize and understand that certain Services are bundled together. As a result, ending a Service may result in an immediate end of multiple aspects of the Service. We may keep data from terminated accounts for a reasonable period after termination. We may provide you with access to that data upon request and availability. All aspects of a service (including data on Backup Services) are recycled. It is your responsibility to safeguard arrangements to transfer anything you need from the Services prior to termination. We have no responsibility to forward e-mail once termination has occurred.

Technical Support

Our technical support is available for all current customers and is distributed on an as-is and available basis. If your request for technical support goes beyond that of comparably set customers or is within the scope of our paid support and development services, we may charge you further support fees. We will inform you, and receive your permission, prior to charging you for technical support. If you request technical support, you agree that we may have full access to all attributes of the Services available to us based on your request. You are solely responsible for any changes you make to your account after we complete your request. All support is accountable to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a prompt and professional manner, we cannot warranty the result you expect or that an issue might not arise again. We retain the right to refuse to provide technical support to you if your use of technical support goes beyond that of comparably set customers, or if you mistreat our employees or contractors in any way. We may refuse to perform any request that is a security risk or requires changes not compatible with the Service(s), or is not related to them or might endanger their performance. All support requests must be submitted by email to: support@wppods.com. We only provide support for the technology stack we install as part of our wordpress install of your website. This includes the wordpress core files and the plugins we install standard as part of our install process. Any additional plugins or software you request us to install are not covered by our technical support in any fashion. We reserve the right to reject the installation of any plugin or software for security or other reasons. Additional/new web development is not included as part of our technical support. How to use third party software, like wordpress, is not part of our support. If you wish to purchase additional web development, you can do so by requesting a web development task on our support page. Charges for development task are listed on our services page and are charged separately.

Intellectual Property Rights & Other Consents

WPPODS preserves ownership of all copyright/patent (intellectual property) rights in the Services. WPPODS grants to you a defined license to access and use the Services. All trademarks, product names and company names or logos used by WPPODS are WPPODS's property or the property of their respective owners. No permission is given by WPPODS to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you agree that such use is a violation of the owner's rights. If a license for you to use software as part of the Services is not provided, you agree to obtain appropriate licenses to use all "Required Licenses." "Required Licenses" refers to any licenses, consents or approvals required to use software, hardware and other items whose use is assisted by the Service. You agree to provide us with copies of the Required Licenses in a timely manner following our written request. You are solely responsible for obtaining all copyright/patent rights in the intellectual property of others, including, but not limited to, clearances and/or other permissions and approvals required to use the names, marks or other materials which are used by you in, or transmitted via, the Services (“Objects”). On becoming aware of any dispute between you and any other individual or organization related to the Objects, WPPODS reserves the right, based on our power to make finals decisions and without notice or liability to you, to cease any further use of such Objects including, without stricture, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any clearly connected authority or interested party. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers according to the Services. If you submit feedback to us in the form of support tickets, email, or in another comparable manner, we have the right to use that information to improve our business processes. You have no right to any intellectual property based on this feedback used to improvement to our business. You represent and warrant that (a) you have the experience and knowledge required to use the Services; (b) you and your End Users understand and acknowledge the risks innate to you and/or to your business that come from accessing the Internet; (c) you have satisfactory knowledge about managing, designing and operating the functions facilitated by the Services necessary to take advantage of them; (d) you will not violate any related laws and/or regulations in your use of the Services; (e) you own all patent/copyright (intellectual property) rights in, or have a license to use, any information you provide to us necessary for us to perform the Services; (f) you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your only source of backup; and (g) you will pass the terms of this TOS and any agreements incorporated by reference, to your End Users.

Representations & Warranties

WE MAKE NO WARRANTIES, AND ANY IMPLIED ARE EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. THE SERVICE(S) IS PROVIDED AS-IS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, AMERICANS WITH DISABILITIES ACT COMPLIANCE, ANY ACCESSIBILITY COMPLIANCE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES OCCURRING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE CHOSEN FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ULTIMATELY SECURE, OR ERROR-FREE. YOU AGREE THAT, TO THE GREATEST POSSIBLE EXTENT PERMITTED BY RELATED LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, EMPLOYEES, AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNISHING DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER MONETARY LOSS BY YOU OR ANY OTHER THIRD PARTY.

Limitation of Liability & Remedies

YOU AGREE THAT THE PREVIOUS LIMITATIONS APPLY WHETHER IN ACTION, CONTRACT, CASE OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE RESPONSIBLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD FOREGOING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR OMISSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AGREE THAT OUR SERVICE LEVEL AGREEMENT (SLA) CONTAINS YOUR SOLE REMEDY FOR INTERRUPTION, PARTIAL UNAVAILABILITY, AND COMPLETE UNAVAILABILITY OF THE SERVICES, AND ANY OTHER ITEM SET OUT IN THE SLA. ANY ARRANGEMENTS IN THIS AGREEMENT THAT ARE HELD TO BE ILLEGAL OR NEGATED IN ANY JURISDICTION WILL BE EFFECTIVE ONLY UP TO THE EXTENT OF SUCH ILLEGALITY OR NEGATION, IF POSSIBLE, AND WILL NOT INVALIDATE THE REMAINING PROVISIONS OF THE PARAGRAPH OR THIS AGREEMENT. TO THE MAXIMUM EXTENT POSSIBLE, THE ILLEGAL OR NEGATED ARRANGEMENT WILL BE RESTATED TO REFLECT THE PARTIES’ INTENT. IF THERE IS A CONFLICT BETWEEN THIS AGREEMENT AND ANY CONTRACTS INCLUDED BY REFERENCE, THEY WILL HAVE THE FOLLOWING PRECEDENCE: ORDER, AGREEMENT AND THEN THE APPLICABLE EXHIBIT OR OTHER REFERENCED DOCUMENT. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT. NOTHING ENCLOSED IN THIS AGREEMENT WILL BE DEEMED OR CONSIDERED A CREATION OF A JOINT VENTURE OR PARTNERSHIP. NO PARTY IS BY VIRTUE OF THIS AGREEMENT AUTHORIZED AS AN EMPLOYEE OR LEGAL REPRESENTATIVE OF ANY OTHER PARTY. NEITHER PARTY HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS, CLAIMS OR WARRANTIES OF ANY KIND ON BEHALF OF THE OTHER PARTY, NOR ON BEHALF OF THAT PARTY’S AFFILIATES, AGENTS, SUBCONTRACTORS, LICENSORS OR THIRD-PARTY SUPPLIERS. WE WILL NOT BE CONSIDERED TO BE IN DEFAULT OF THIS AGREEMENT, OR TO HAVE BREACHED ANY OF ITS PROVISIONS, AS A RESULT OF A DELAY, FAILURE IN PERFORMANCE, OR INTERRUPTION IN THE SERVICES WHICH RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING ALL FORCE MAJEURE: ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITY, CIVIL DISTURBANCE, WAR, STRIKES, FIRE, FLOOD, LAWS, REGULATIONS, GOVERNMENTAL ACTS, THIRD PARTY NETWORK UNAVAILABILITY, DATACENTER UNAVAILABILITY AND/OR FAILURE OF TELECOMMUNICATION FACILITIES.

Notices

Any notice to be given by either party to the other may be sent by email, support ticket or written and postal-mailed letter. In addition, we may communicate with you using email. Notices of support tickets opened on your behalf are sent to you by email and will be deemed received upon sending. You are required to implement notices to us about the Services via email. We have no responsibility for misdirected notices based on your failure to provide correct information. End notices must be provided to us as set out in SECTION A - Termination and Cancellation (End). Legal Notices to us, which are effective only upon acknowledged receipt, will be provided to us as follows: WPPODS 10911 Raven Ridge Rd 103-26 Raleigh, NC, 27614-8362 Email: support@WPPODS.com

Resolution of Disputes & Choice of Law

Any dispute, argument or claim arising under this TOS will be resolved obeying the process set forth in this Section. In the event of an argument between the parties relating to this TOS, each of the parties will appoint a designated representative who has authority to settle the argument. This appointment will occur no later than five business days after the initial request for resolution of said dispute. The designated representatives will meet as often as deemed necessary in order to discuss the argument and negotiate an effort to resolve in good faith. The specific format for such discussions will be left to the discretion of the appointed representatives, with all reasonable requests for clearly connected information made by one party to the other being honored. If the foregoing process is not successful, any disputes under this Agreement shall be resolved under North Carolina law without reference to conflict of laws principles. The parties hereby consent and submit to the exclusive jurisdiction of Wake County, North Carolina or the eastern district of North Carolina for the resolution of any dispute arising out of this Agreement. The United Nations Convention on Contracts for International Sale of Goods will not apply. Any party to this Agreement may employ an attorney to enforce such party's rights and remedies under this Agreement. Any such party prevailing in this litigation or arbitration shall be awarded attorneys' fees plus all of such party's other reasonable expenses incurred in exercising rights and remedies under this Agreement

Definitions

Account Owner: the initial individual or business set out in the websites wordpress Users Area (other than the built in octageek account) is thought-out by us to be the owner of the account and all connected services. In the case of ambiguity, WPPODS assumes sole authority to determine ownership. Cancellation Confirmation: an email confirmation sent to you to acknowledge the completion of a Cancellation Request previously made by you Customer Content: the content that you provide to us in connection with the Services End User: the individual or entity who uses, or to whom you provide, your services Fees: the charges for the Services are set out on the Order ICANN: Internet Corporation for Assigned Names and Numbers Index Page: acts as the front page your domain points to when your account is activated Initial Term: beginning one-month starting from the date Customer signs up, this is the term of the Agreement and any Order Materials: any information, reports, documents, software or other materials created by WPPODS as part of the Services WPPODS: A division of 5 Lion Enterprises, LLC, a North Carolina limited liability company 5 Lion Enterprises, LLC: the legal entity distributing the Services to you as set out on the Legal page on this Website and any of its extensions or connected entities Required Licenses: any licenses, consents or approvals required to use software, hardware and other items whose use is assisted by the Service Server: the computer server equipment operated by WPPODS in connection with providing Services Service/Services: any and all work provided by WPPODS under this TOS Backups: a once-a-day backup of data stored on the Service. These are meant for internal use only and we cannot assure that a Backup will be available for restore upon your request Term: the prepaid period during which you receive Services from WPPODS User Area: the area of the wordpress website which lists user accounts. You/your: the person, firm or company who purchases Services from WPPODS; our customer.

SECTION B

Service Level Agreement (SLA)

WPPODS' hosting service is backed up by an industry-leading Service Level Agreement (SLA). We assure network uptime 99.9% of the time during a twelve month period, starting on the date you order your account. If we fall below that, we will contact you by email and we will automatically atone your account as follows: 100% - 99.9% uptime: No atonement Below 99.00% uptime: 1 month free hosting An additional month of free hosting for every 1% of uptime lost below 98.00% If you believe an SLA event has transpired and you have not been properly compensated, you are always welcome to contact our support team (support@WPPODS.com). Compensation is limited to the length of your current Term but cannot go beyond twelve months.

Excused Downtime

Our calculation of network availability is based on our internal records. We will not accept Third Party reports as proof that you are entitled to a credit under this SLA. This SLA is your sole guide for downtime, or any network, software, hardware or Equipment failure. The following events do not count towards uptime:
  • Scheduled maintenance
  • Emergency maintenance, hardware and software failure restored in under 1 hour
  • Distributed denial of service (DDOS) attacks, hacker attacks and other comparable events
  • Downtime caused by you, your own set-up, or third-party applications you use
  • Downtime caused when you reach the maximum resources allocated for your plan
  • Downtime caused because you have violated this TOS
  • Downtime during work on your technical support request(s); or Force majeure (including Acts of God, Acts of Civil or Military Authority, Civil Disturbance, War, Strikes, Fire, Laws, Regulations, Governmental Acts, Third Party Network Unavailability, and/or Failure Of Telecommunication Facilities.)
  • Downtime caused by third party software changes during upgrades. Our 30 day Money Back Guarantee gives you assurance that our Services will meet the expectations set out in this TOS. The Money Back Guarantee is your sole guide should our Services not meet any expectation set out in this TOS.The following conditions apply to our Money Back Guarantee:
  • Service End requests must be sent via email to support@WPPODS.com and ACKNOWLEDGED with a reply as received.
  • Initial orders are covered within thirty days from the day we activate the Service(s)
  • Renewal orders are not covered
  • Paid Support or Third Party Services are not covered by the Money Back Guarantee

SECTION C

Renewal Policy

If a renewal charge cannot be processed at the scheduled date, we will make additional attempts to charge your payment method(s) until you renew or end the Services. We will always charge the primary payment method on file for renewal first; should the primary payment method fail, we will retry billing any other payment methods on file. If Services are ended because your payment method(s) have expired or are no longer valid for any reason, we are no longer responsible for your data or domain name. You may choose to manually renew your Service(s) at any time. All Services are set to renew automatically. If we do not have a payment method on file, and invoice will be sent via email. Your current payment method is automatically charged the standard Fees for a Renewal Term:
  • fifteen days before the expiration of your current Term for Services
  • upon expiration of your current Term for all other Services.

SECTION D

Fair Use Policy

Our Fair Use Policy sets out certain limits on the setting apart and distributing of Server resources, aiming to set apart and distribute all our customers fair and satisfactory use of the Services. When using the Services, you will safeguard that neither you nor any of your End Users make extreme use of the Server resources to WPPODS's disadvantage or that of our other customers. The term "extreme" is defined by our experience with comparable customers. Unmetered traffic applies to your use of web pages only (html, php, etc.), no uploads or storage of movies, pictures or music files. While we do not meter traffic, the maximum availability at any time will depend on current traffic usage and the technical (detailed descriptions of exactly what is required) of our equipment. If your use goes beyond that basic setting apart and distributing in any calendar month, the Service will be limited and an overage fee may be charged if you wish to restore it. Unused capacity may not be carried over from month-to-month. You agree that we have the exclusive right to decide what is deemed a violation of the Fair Use Policy and what is the appropriate corrective action to be applied. Failure on your part to maintain your account in full agreement with the TOS may result in warning, resource usage limitations, suspension or immediate account ending with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with an allocated period of time to correct the issue. If no actions are taken during this period, we may apply corrective actions based on our power to make final decisions. You accept that we can immediately suspend and/or end each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.

SECTION E

Backup Services

As part of our Daily Backup services we keep a limited number of backup copies of your account. If you change the Services, we may delete the old backup copies created on your previous plan and start new backups of your account. Backup Restore services are part of our paid support services and can be ordered via email or may be included as part of your standard service package. Depending on the Services you have chosen, we may provide backup restore tools or services to you. If in our reasonable opinion a backup will result in a security risk or will alter the performance of our Server to the detriment of other customers, we may suspend the Daily Backup Service for your account or refuse to restore your data.

SECTION F

Privacy Policy

WPPODS collects and stores personal information, including the full name, company name (if applicable), billing address, and email addresses. Customer information is stored in electronic databases. WPPODS employs industry-standard technical safeguards, including but not necessarily limited to, password and/or cryptographic key-based authentication controls on servers which house personal information, browser-based SSL encryption, and other storage system access control mechanisms to protect the integrity of internal databases and prevent unauthorized access. Unless otherwise indicated by amendment to this privacy policy, in which case customers shall be notified and given the opportunity to exercise the "opt out" provisions discussed in this policy, personal information is stored only for use according to the purposes for which it was initially collected.

WPPODS transfers personal information to third parties under the following normal business procedures:

WPPODS discloses the full name, billing address, and credit card account information of its customers to a third party merchant processing provider for billing purposes. WPPODS does not disclose customer information to other third parties except where required under applicable state and federal laws for purposes of investigation of criminal complaints, or where required by court order.

We collect anonymous usage information on visitors to our site through use of Google Analytics. This service may employ third party tracking cookies to gather anonymous browser, operating system, geographic, and web site navigation information.

SECTION G

INDEMNITY (PROTECTION)

We will protect and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services breach any issued U.S. patent or registered copyright. This protection provision is solely limited to facets of the Services which are fully owned by us. It does not extend to products or services distributed by third parties even if included into the Services. This paragraph will be conditioned on your notifying us in a timely manner in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You will have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (a) obtain for you the right to continue using the Services; (b) replace an individual element of the Services with a product or service, regardless of manufacturer, performing the same or comparable function as the breaching aspect of the Services, or modify the same so that it becomes non-breaching; or (c) if neither of the preceding alternatives is reasonably available, immediately ending our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the three month period immediately preceding the occurrence of the event on which the indemnification claim is based. This will be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued patent or registered copyright. You agree to protect, defend and hold harmless us, our parent, subsidiary and affiliated companies, third party service distributors and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (a) your use of the Services; (b) any violation by you of any of our policies; (c) any violation of any of your representations or warranties enclosed in this TOS; and/or (d) any acts or exclusions by you. The terms of this section will survive any ending of this TOS.