01Agreement
These Terms of Service ("Terms") are a binding agreement between you and Web7 Technologies, LLC ("Web7 Technologies", "Web7", "we", "us" or "our"). They govern your use of our website, client area and Services.
These Terms include our Acceptable Use Policy, Privacy Policy, Uptime Commitment and DMCA Policy (together, our "Policies"), which are part of your agreement with us. If anything in a Policy conflicts with these Terms, these Terms apply unless the Policy says otherwise.
You accept these Terms when you place an order, check "I agree" during sign-up, or use the Services. If you're accepting on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" refers to that organization.
02Definitions
- "Services" means the hosting services we provide, including virtual private servers (VPS), the control panel, backups, migrations, support, demo environments and any related services.
- "Account" means your customer account with us, including your client area login.
- "Client Area" means our customer portal at my.web7tech.com.
- "Customer Content" means the websites, files, email, databases, applications and other data you or your users store on or transmit through the Services.
- "Billing Period" means the monthly or annual period you choose when you order a plan.
03Eligibility and your account
You must be at least 18 years old, or the age of majority where you live, to use the Services.
You agree to give us accurate, current and complete information and to keep it updated. You're responsible for keeping your login credentials secure and for all activity under your Account. Tell us right away if you believe your Account has been accessed without your permission.
We may verify your identity or payment details, and we may refuse or cancel an order where we suspect fraud, abuse or a violation of these Terms.
04The Services
Fully managed VPS
Our plans are fully managed virtual private servers. We manage the server itself, including the operating system, security patching, hardening, monitoring and the hosting stack. You manage your websites, applications, email, DNS and Customer Content through the control panel we provide.
Unless we agree otherwise in writing, keeping your website software up to date (for example WordPress core, themes and plugins) is your responsibility. The control panel includes tools to help.
Plan resources
Each plan includes the resources described on our website when you order, such as CPU cores, RAM, NVMe storage and monthly bandwidth. Bandwidth is a soft cap: if you exceed it, your connection may be throttled until the next cycle. We may limit resources or activity that threatens the stability of our network, as described in our Acceptable Use Policy.
Changes to the Services
We may improve, change or discontinue features of the Services. We'll give you reasonable notice of changes that materially affect the Services you pay for.
Demo environments
Free demo environments are provided for evaluation only, as is, for a limited time we'll tell you when we set them up. They're removed at the end of the trial and must not be used for live websites or outgoing email.
05Orders, billing and renewal
- Prices are shown on our website and in the Client Area when you order. Fees are billed in advance for each Billing Period.
- Payments are processed by Stripe. By providing a payment method, you authorize us to charge it for fees as they come due.
- Your Services renew automatically for the same Billing Period until you cancel. If our prices change, we'll tell you before the change applies to your renewal.
- You're responsible for any taxes that apply to your purchase.
- If an invoice isn't paid by its due date, we may suspend your Services until it's paid, and we may terminate Services that remain unpaid.
- If you have a billing question, please contact us before disputing a charge with your bank. Chargebacks may result in suspension of your Account.
06Refunds
We don't currently offer a money-back guarantee or refunds for fees already paid, including for unused time after cancellation, except where required by law. If you'd like to evaluate the Services before you buy, you can request a free demo environment.
07Free migrations and contract credit
When you sign up for a plan, our team will migrate your existing WordPress websites to your new Web7 server at no charge. We'll make reasonable efforts to complete each migration and will let you know if a site needs special handling.
If you have time remaining on a prepaid contract with your previous hosting provider when you sign up, we'll add the same amount of time to the end of your Web7 term, before your first renewal. You still pay your plan's normal price up front. We may ask for reasonable documentation of your remaining contract term. Credits have no cash value and can't be transferred.
08Cancellation
You can cancel your Services at any time by submitting a cancellation request in the Client Area or by opening a support ticket. Cancellation takes effect at the end of your current Billing Period unless you ask for it to take effect immediately.
After your Services end, we may delete Customer Content stored on them. Please download anything you want to keep before you cancel.
09Your content and responsibilities
You keep all rights in your Customer Content. You grant us the limited rights we need to host, store, transmit, back up and display it in order to provide the Services.
You're responsible for your Customer Content and for how you and your users use the Services. That includes making sure you have the rights to the content you host, following all applicable laws, and following our Acceptable Use Policy. You're also responsible for the security of the applications you install and for any information you collect from your own visitors.
10Backups
We run automated backups of customer websites as a convenience, on a best-effort basis. Backups aren't guaranteed to be complete, current or restorable, and they're not a substitute for your own. You're responsible for keeping your own copies of your Customer Content.
Web7 Technologies is not responsible for any loss or corruption of data, as described further in our Uptime Commitment.
11Suspension and termination
We may suspend or terminate your Services, with notice where reasonable, if you breach these Terms or our Policies, if fees are unpaid, if we're required to by law, or if your use threatens the security or stability of our network or other customers. Some violations, such as hosting child sexual abuse material, result in immediate suspension without notice, as described in our Acceptable Use Policy.
Any provisions of these Terms that by their nature should survive termination (including those about fees owed, Customer Content, disclaimers, limitation of liability and indemnification) will survive.
12Support
Support is provided by our in-house team through support tickets in the client area. Our support covers the server and hosting platform. We may help with issues inside your website or applications at our discretion.
13Uptime and service credits
Our availability commitment and maintenance schedule are described in our Uptime Commitment. Service credits under the Uptime Commitment are your sole and exclusive remedy for unavailability of the Services.
14Resellers
You may not resell the Services without our prior written approval. If we approve you as a reseller, you're responsible for your clients' compliance with these Terms and our Policies, for all fees for the Services you resell, and for supporting your own clients unless we agree otherwise.
15Intellectual property
We and our licensors own the Web7 Technologies name and logos, our website, and the software and materials we provide as part of the Services. Software we provide is licensed or sublicensed to you only for use with the Services, as described in our Acceptable Use Policy.
If you send us suggestions or feedback, we may use them without any obligation to you.
16Endorsements
You may choose to give us a testimonial or endorsement about the Services (an "Endorsement"). You allow us to use your Endorsement to promote the Services, together with your first name, last initial, home state, voice or likeness, and/or contact information, as described in our Privacy Policy. You can ask us to stop using your Endorsement at any time by contacting us.
17Disclaimer of warranties
Except as expressly stated in these Terms and our Uptime Commitment, the Services are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't warrant that the Services will be uninterrupted, error-free or completely secure.
18Limitation of liability
To the fullest extent permitted by law, Web7 Technologies won't be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business opportunity, arising out of or related to the Services or these Terms, even if we've been told such damages are possible.
To the fullest extent permitted by law, our total liability for any claim arising out of or related to the Services or these Terms is limited to the amount you paid us for the affected Services in the twelve (12) months before the event giving rise to the claim.
19Indemnification
You agree to defend, indemnify and hold harmless Web7 Technologies and its owners, employees and agents from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Services, your breach of these Terms or our Policies, or your violation of any law or the rights of a third party.
20Governing law and disputes
These Terms are governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-law rules.
If you have a dispute with us, please contact us first so we can try to resolve it informally. If we can't resolve it within 30 days, either of us may bring the dispute in the state or federal courts located in Bernalillo County, New Mexico, and you and we consent to the jurisdiction of those courts.
21Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll notify you by email or by posting a notice on our website before the changes take effect. Your continued use of the Services after the effective date means you accept the updated Terms.
22General
- Entire agreement. These Terms and our Policies are the entire agreement between you and us about the Services, and they replace any earlier agreements on the same subject.
- Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
- No waiver. If we don't enforce a provision right away, we haven't waived our right to enforce it later.
- Assignment. You may not transfer these Terms or your Account without our written consent.
- Force majeure. Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as natural disasters, utility or Internet failures, or acts of government.
- Notices. We'll send notices to the email address on your Account. You agree to receive communications from us electronically.
23Contact
Questions about these Terms? Email [email protected], use our contact page, or open a support ticket in the client area. Written notices to us should be sent to:
Web7 Technologies, LLC
8100 Wyoming Blvd NE
STE M4 #202
Albuquerque, NM 87113
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