Terms of Service (TOS)
Service-Level Agreement (SLA)
By hosting and/or backing up your WordPress-based website (“Service“), with DentalWPHosting.com (a division of Short Hills Design, LLC) (“Company“), you (“Subscriber”) are agreeing to be bound by the following terms and conditions (“Terms of Service“). Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time by emailing a request to email@example.com.
All services provided by the Company may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The Subscriber agrees to indemnify and hold the Company harmless from any claims resulting from the use of service which damages the Subscriber or any other party. Prohibited are sites that promote any illegal activity or present content that may be damaging to the Company’s servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, THE COMAPNY WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance and storage space. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb – 1 gig will be treated and billed as the same.
Any attempt to undermine or cause harm to a server or customer of the Company is strictly prohibited. As our Subscriber you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Note that we currently do not allow IRC or IRC bots to be operated on our servers.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of the Company must adhere to the above policies,
By the Account Activation Date of each year, the Company shall either:
(1) debit the Subscriber‘s credit card (when such information has been provided by the Subscriber); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current year. When an invoice is delivered to the Subscriber, payment shall be remitted to “Short Hills Design, LLC” by no later than the specified payment due date. The Company shall be entitled to immediately terminate this agreement for Subscriber‘s failure to make timely payments. You will be provided with an invoice on yearly basis.
Certain services carry a setup fee charged by the Company to the Subscriber, which must be paid by the Subscriber in order to have use of said service and will be discussed with the Subscriber in advance. If Subscriber terminates this agreement, Subscriber shall be responsible for any and all outstanding fees owed to the Company and agrees to pay any and all fees already incurred. If the Subscriber decides to terminate hosting they will receive a refund for the remaining paid monthly time AFTER the current month of cancellation Thus, for example, if the Subscriber provides notice of termination on the 18th day of a particular month, the Subscriber will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. However, the Subscriber will be refunded for the remaining monthly time that the Subscriber has not used.
Money back guarantee & refund policy
No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of Acceptable Use Policy (AUP) violations (see AUP toward the end of this document), any and all refunds are forfeit.
Cancellation and Refunds
We DO NOT refund partial monthly fees to accounts. We require 15 day notice for a cancellation. We DO NOT offer ANY refunds on yearly plans.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Company shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Company’s servers going off-line or being unavailable for any reason whatsoever. Furthermore, the Company shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Company’s servers. All damages of any kind for any of the Company’s services shall be limited to the amount the Subscriber has paid specifically for web hosting services for the single month in which the event in question occurred.
Company cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a Subscriber would have gained if their site was functioning. Certain services provided by Company are resold. Thus, certain equipment, routing, software and programming used by Company are not directly owned or written by Company. Moreover, Company holds no responsibility for the use of our Subscribers’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Company sees fit.
By activating your account with Company, you agree to the above policies and disclaimer. Upon requesting activation of an account, it is assumed that you are accepting these policies, guidelines and disclaimer.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Company guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Company reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
General Backup Policy
While all websites on Company’s servers are backed up every night, these backups are created for internal use only. Unless otherwise agreed to, we do not as standard practice backup Subscriber websites in a Subscriber-restorable method. It is the SUBSCRIBER’S responsibility to maintain an accurate and working backup of their website at all times. While Company will make reasonable attempts to assist a Subscriber if data loss occurs due to action on the part of the Subscriber, there is no guarantee of the Company being able to restore the Subscriber’s files
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account
is acceptable but we may also phone you to confirm your request. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and
all current or future use of the Service, or any other Company service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access
to your Account, and the forfeiture and relinquishment of all Content in your Account. Company reserves the
right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice.
Copyright and Content
We claim no intellectual property rights over the material you store through the Service.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available”
basis. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company
customer, employee, member, or officer will result in immediate account termination. You understand that the
technical processing and transmission of the Service, including your Content, may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Company has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute
goods and services resulting from any goods, data, information or services purchased or obtained or messages
received or transactions entered into through or from the Service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v)
or any other matter relating to the Service.
The failure of Company to exercise or enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement
between you and Company and govern your use of the Service, superceding any prior agreements between
you and Company (including, but not limited to, any prior versions of the Terms of Service).