Hosting Agreement

WIRESPAN – HOSTING AGREEMENT

1. OVERVIEW

   The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement (“Service Agreement”) governs your use of Wirespan’s hosting services (“Hosting Services”). Capitalized terms used in this Service Agreement but not defined are defined in the Terms of Service Agreement.

   By purchasing, activating, or using any Wirespan Hosting Service, you agree to be bound by this Service Agreement in addition to the general Terms of Service.

2. DESCRIPTION OF SERVICES
   • Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).
   • Business Hosting: Managed Hosting plans provide you with all of the benefits of having your own VPS or Dedicated Server, with Wirespan managing the server including setting up your control panel, patching cycles, and server-level maintenance.
   • Managed WordPress Hosting: Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle core hosting administrative tasks, including installing WordPress, automated server-level backups (subject to the backup terms in Section 3.3 and Section 10 below), WordPress core updates, and server-level caching. Plugin, theme, and application-level updates remain the responsibility of the account holder unless a separate Managed Support plan has been purchased.
   • Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.
   • Dedicated Server: Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and usage patterns of other customers.
   • Managed Support: Managed Support plans are subscription plans that provide you with the option to enable root/administrative access and have Wirespan handle core patching, security monitoring, and server-level maintenance.
   • Hosting Backup: Where available, automated backup tools allow you to configure backup schedules and retention within your hosting control panel. Backup storage is subject to your account’s available storage allocation and plan limits. These backup tools are provided as a convenience feature and are governed by the terms set forth in Section 10 of this Agreement. Backup services associated with a Hosting subscription plan will be discontinued if the underlying Hosting plan is cancelled.
3. ACCOUNT TERMINATION; LIMITATIONS
   1. Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
   2. Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services for any reason, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are solely responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to or at the time of cancellation or termination, we will delete all such content without further notice and we will not be able to provide a copy of such content. Wirespan shall have no liability for any data loss resulting from account cancellation or termination.
   3. Free Products Credits: Upon termination of the Hosting Services, all free products or credits provided as part of the Hosting Services will be cancelled or revoked.
   4. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable license terms and conditions, images available and licensed for use are intended for Wirespan hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Wirespan does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
   5. Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s). Additionally, backup data stored within the account counts toward your plan’s total storage allocation.
4. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
   1. Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries, and such information may be displayed publicly on the Whois database.
   2. Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for spam, mail bombs, internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Wirespan, our customers, or third parties. You further agree not to use Wirespan’s mail infrastructure to send unsolicited bulk email (spam) or to operate an open mail relay. Server hacking or other perpetration of security breaches is prohibited. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Wirespan reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed at Wirespan’s discretion for security purposes.
   3. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content off-server; and (3) ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.

      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage, or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

   4. Website/Server Content. You shall be solely responsible for providing, updating, uploading, and maintaining your website or server and any and all files, pages, data, works, information, and/or materials on, within, displayed, linked, or transmitted to, from, or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software, and text. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

      If you request that we install any Third Party Software not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

5. PROVISIONS SPECIFIC TO WEB, BUSINESS, AND MANAGED WORDPRESS HOSTING
   1. Storage and Plan Limits. All Web Hosting and WordPress Hosting plans are subject to a limit of no more than 250,000 inodes per account for Linux hosting accounts or 500,000 files and folders per account for Windows hosting accounts, and all plans are limited to no more than 100GB of disk storage. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables, or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.

      WordPress Hosting may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion.

      You acknowledge and agree that inbound UDP is not supported in shared hosting environments.

   2. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website; (2) banner ad services for display on other websites or devices; (3) file dump/mirror scripts that allow an anonymous user to upload a file for others to download; (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
6. PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING
   1. Server Access. If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
   2. IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.
   3. Configuration Add-Ons. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software, third party hardware, or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server.
      • Plesk. In the event you add Plesk to your server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.
      • cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
      • cPanel Fair Usage Policy: VPS and dedicated hosting with cPanel offers an unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison to typical levels of usage engaged in by other users. In the event that you exceed this threshold, Wirespan may in its sole and absolute discretion assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, Wirespan will provide notice of usage in excess of the normal use.
7. PROVISIONS SPECIFIC TO MANAGED SSL

   If you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-Wirespan server, request a re-key of the SSL certificate. Your current SSL certificate will become invalid and we will issue a new certificate for use on your non-Wirespan server.

   We will automatically validate, issue, and install the new certificate every two years for subscribing customers using our hosting products. Customers using third-party hosting products will be required to reinstall the new certificate after we automatically validate and issue a new certificate. We will alert customers when to take action via the product dashboard and email.

8. PROVISIONS SPECIFIC TO SUPPORT PLANS
   1. WordPress (“WP”) Managed Support. If you elect to use our WordPress Managed Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one-time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of WordPress Managed Support Services. We may install a plugin on your hosted WordPress site for the purpose of facilitating your WordPress Managed Support Services. This plugin allows us to access and facilitate updates to core files, other plugins, themes, and other files related to the scope of the managed support service. This access is provided solely for the purpose of the Managed Support Services and does not extend to general hosting plans.
   2. Managed Hosting Support Plans. If you purchase a Managed Hosting Support Plan (“Managed Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. We will install and configure the Supported Application on your server as long as the server has available resources. We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). Backups offered with these support plans are snapshots taken on a rolling cycle. Restores are available upon request and may require an additional fee.
   3. Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, which we will quote to you before providing the custom support. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
   4. Hosting Migrations. If you request a Hosting Migration, we may, at our sole discretion, attempt to assist you in moving web hosting to Wirespan. Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 20GB of data or more than 100,000 files.
9. BILLING AND PAYMENT TERMS
   1. Monthly Plans. Monthly hosting plans are billed in advance on a recurring monthly basis. You authorize Wirespan to charge your payment method on file on each billing date. Monthly plans may be cancelled at any time; cancellation takes effect at the end of the current paid billing period. No prorated refund will be issued for any unused portion of a monthly billing period, except as provided under the 30-Day Money-Back Guarantee below.
   2. Annual and Prepaid Plans. Annual and multi-year prepaid hosting plans are billed in advance for the full prepaid term at a discounted rate. The discounted pricing is offered in consideration of the full upfront payment. Except as provided under the 30-Day Money-Back Guarantee below, all fees paid for annual or prepaid plans are non-refundable under any circumstances, including but not limited to: voluntary cancellation prior to the end of the prepaid term; suspension or termination for violation of this Agreement or the Acceptable Use Policy; suspension or termination for resource overconsumption or abuse; client’s election to upgrade to a different plan; or discontinuation of a plan type. By purchasing a prepaid plan, you acknowledge and accept that the fees paid are non-refundable and that the discounted pricing reflects this commitment.
   3. 30-Day Money-Back Guarantee. New clients activating a Wirespan Hosting Service for the first time are eligible for a full refund if they request cancellation within thirty (30) days of the initial service activation date. This guarantee applies to the first-ever account activation only and to standard hosting plan purchases. The following are expressly excluded: renewals of any plan type; second or subsequent accounts or service orders under the same client or billing information; custom hosting configurations, dedicated hardware, or enterprise-level service arrangements; domain registration, transfer, and renewal fees; and any third-party software, licenses, or add-on services. Refund requests must be submitted via the Wirespan support ticketing system within the 30-day window. Refunds will not be issued after this period has elapsed for any reason.
   4. Non-Payment and Suspension. Accounts with outstanding balances that remain unpaid for more than thirty (30) days past the original due date may be suspended without further notice. Wirespan will make reasonable efforts to contact the account holder via email prior to suspension. Restoration of a suspended account due to non-payment may require payment of all outstanding amounts plus a reactivation fee. Accounts suspended for non-payment for an extended period may be permanently terminated and all data deleted.
   5. Pricing Changes. Wirespan reserves the right to adjust pricing for any Hosting Service at any time. For clients on active month-to-month plans, Wirespan will make reasonable efforts to provide advance notice of a price increase via email to the address on file. For clients on annual or prepaid plans, any pricing adjustment will apply at the time of the next renewal. Continued use of Hosting Services following the effective date of any price change constitutes acceptance of the revised pricing. Wirespan is not liable for pricing changes imposed by upstream providers, domain registrars, or other third parties whose costs may affect the price of services offered through Wirespan.
   6. Service Modifications and Discontinuation. All hosting services, features, plan specifications, and resource allocations are subject to modification or discontinuation at any time. Wirespan does not guarantee the indefinite availability of any specific plan tier, feature set, or service offering. In the event Wirespan discontinues a service for which a client holds an active prepaid term, Wirespan will make commercially reasonable efforts to notify the client and provide a comparable alternative. Beyond this, Wirespan has no further obligation or liability in connection with service modifications or discontinuation.
10. BACKUP POLICY

    Wirespan operates automated backup infrastructure as part of its standard server environment. The following terms govern all backup-related services:

    1. Client-Configured Backups. Where backup scheduling tools are made available within the hosting control panel, clients may configure backup frequency and retention preferences within the capabilities of those tools. Backup scheduling and retention options are subject to the client’s available account storage allocation. Backup data counts toward the account’s total storage usage and must not cause the account to exceed its applicable storage quota or plan limits.
    2. No Guarantee of Availability or Recovery. Automated backups are not guaranteed to be available, complete, current, or successfully restorable at any given time. Wirespan does not represent that automated backups will be present or usable at the time of any recovery request.
    3. Client Responsibility. Clients are solely and entirely responsible for maintaining their own independent off-server backups of all website files, databases, email, configurations, and other data hosted within their Wirespan account. The existence of automated server-level backups does not relieve the client of this responsibility. Wirespan strongly recommends that all clients maintain regular independent backups through a third-party service or local storage.
    4. No Liability for Data Loss. Wirespan shall have no liability for data loss, data corruption, incomplete backups, or failure to restore data, regardless of whether automated backups were enabled, configured, or available. Recovery from an available backup, if possible, may be performed at Wirespan’s discretion and may be subject to an administrative service fee. Backup restoration is not a guaranteed component of any Hosting Service plan.
11. SERVICE UPTIME GUARANTEE

    We offer a service uptime target of 99.9% (“Service Uptime Target”) of available time per calendar month, measured at the server network level. This uptime target excludes service interruptions caused by: (1) periodic scheduled maintenance or repairs; (2) interruptions caused by you from custom scripting, coding, or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to peripheral services such as FTP or email; (4) causes beyond our reasonable control, including but not limited to DDoS attacks, upstream network provider outages, natural disasters, and force majeure events; (5) outages related to the reliability of certain programming environments; or (6) accounts that are suspended or terminated for any reason.

    In the event of a verified outage attributable to Wirespan’s infrastructure that results in 60 or more consecutive minutes of server unavailability within a calendar month, you may contact us and request a service credit. Credits are calculated at 5% of that month’s applicable hosting plan fee per full hour of verified downtime, up to a maximum credit of 20% of that month’s hosting plan fee per calendar month. Credits are applied to account balance only and are not issued as cash refunds. Credit requests must be submitted via the Wirespan support ticketing system within 14 days of the qualifying event. This credit structure represents Wirespan’s sole financial obligation in connection with any service availability event.

12. DOMAIN REGISTRATION AND MANAGEMENT

    Domain registrations facilitated through Wirespan are subject to the policies of the applicable domain registrar and ICANN. Domain registration, transfer, and renewal fees are non-refundable, including within the 30-day money-back period. Wirespan does not guarantee the availability of any specific domain name. Clients are solely responsible for maintaining accurate registrant contact information and ensuring timely domain renewal before expiration. Wirespan is not liable for the expiration, loss, or acquisition by a third party of any domain name due to the client’s failure to renew. Domain pricing is subject to change based on registry and registrar pricing, independent of hosting plan pricing.

13. THIRD PARTY SOFTWARE
    1. Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
    2. Terms and Conditions. You may use the Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Software. You may not sell, modify, reverse engineer, decompile, disassemble, or create derivative works of or attempt to derive the source code from the Software.

       Wirespan makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability. You will indemnify, defend, and hold harmless Wirespan from and against any and all claims arising from your use or misuse of the third-party Software.

       Your use of the following Software is subject to the applicable linked terms, which are incorporated by reference:

       • Acronis Backup. Your use of Acronis backup is subject to the software license agreement located here.
14. MODIFICATIONS TO THIS AGREEMENT

    Wirespan reserves the right to modify this Hosting Services Agreement at any time. Updated terms will be posted at https://www.wirespan.com/policies/hosting-agreement/ with a revised “Last Revised” date. Wirespan will make reasonable efforts to notify active clients of material changes to billing, refund, or termination terms via email at least 30 days prior to the effective date. Continued use of any Wirespan Hosting Service following the posting of revised terms constitutes acceptance of those revised terms.