Terms of Service

WP Managed Host, LLC provides managed WordPress hosting and related services. WP Managed Host is operated by Envato Hosted Pty Ltd (“We, Our, Us”).

These Terms of Service (TOS) outline the guidelines for using the WP Managed Host sites and services (“Our Services”), and govern access and use by visitors to Our website, Our customers and end users (collectively, “End Users, You or Your”). Please read them carefully and ensure that You understand and agree to all of the terms. These TOS incorporate the Privacy Policy, Resource Usage Policy and any other policies or terms made available to You at http://wpmanagedhost.com/ or otherwise notified to You.

Use of this Website

BY ACCESSING OR USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE.

We will, in Our sole and absolute discretion, be the sole arbiter as to what constitutes any violation of this TOS, and We reserve the right to deactivate, disable, remove or take any other action we deem reasonable and appropriate against any website at any time for any reason.

Questions?

Please contact the Help Center with any questions regarding this TOS.

Prohibited Content

Our Services may be used for lawful purposes only. Transmission, storage, collection, or presentation of any information, data or material in violation of any law or statute in the United States, or Your jurisdiction, is strictly prohibited. This prohibition includes, but is not limited to: copyrighted material that You neither own nor have permission to use, material we judge to be threatening or obscene, or material protected by trade secret and other statute.

Pornography and sex-related merchandising are prohibited from Our Services. This includes websites that may infer sexual content, or link to adult content elsewhere. This is also true for websites that promote any illegal activity or content that may be damaging to Us, Our Services Our reputation, or any other service on the Internet.

Examples of unacceptable content or use of Our Services

  • Pirated software
  • Bulk Email related products
  • Pornography
  • Hacking/cracking related websites
  • Warez and/or copyrighted MP3s
  • Material deemed illegal under US law
  • Websites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental, illegal or terrorist).
  • Any other content prohibited under our Resource Usage Policy

Copyright Violations

We will respond to all reports of infringement that are provided in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports.

DMCA Notices. Please send valid DMCA Notices via the Help Center.

System Resource Usage

If We determine an account is utilizing an unacceptable amount of system resources, We may temporarily deactivate the account in question. If We deem necessary, an eviction notice may be sent to the End User of an offending account providing them with seven (7) days in which to either upgrade to a higher plan or move off Our Services to another provider. This only occurs in extreme cases; and We will assist End Users prior to this option.

Backups

We perform nightly backups of websites on Our platform and keep those backups for up to 30 days; however, these backups are for disaster recovery and Our administrative purposes only, and are in NO WAY GUARANTEED! End Users are responsible for maintaining their own backups on their own personal computers. We do NOT provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Our part). We will do Our best to ensure complete and accurate backups, but we specifically disclaim any responsibility for this duty. We make no guarantees about the availability of backups.

Unsolicited Email (SPAM)

SPAMing, or the sending of unsolicited email, from Our servers or using a return email address that is maintained on one of Our servers is STRICTLY prohibited. Using SPAM to advertise a website hosted on Our platform also constitutes as a violation of this provision. Websites found to be in violation of Our SPAM policies will be immediately deactivated without notice.

Help Us STOP SPAM! Please email contact our abuse department via the Help Center immediately to report a violation of Our SPAM policies.

Abuse to Our Support Team

We always treat Our End Users with the utmost respect. In return, We expect the same from You. We reserve the right to terminate an account, if Our staff feels an End User is consistently addressing them in a demeaning or rude manner.

Abuse to Our Networks, Servers and Systems

Any attempts to undermine or cause harm to Our servers or End Users is strictly prohibited.

Payment and Invoicing

End Users shall pay Us monthly in advance the amount agreed for the Services, which shall have been sent via a confirmation letter in e-mail at the time the End User requests and contracts for the Services, which shall confirm the fees payable to Us. Thereafter, You will receive a monthly billing statement for the upcoming month. The monthly billing statement shall indicate any changes in fees, which fees shall become effective upon thirty (30) days’ notice (as provided herein).

You are responsible for all activities and charges resulting from Your use of the Services, and You agree to pay all fees, bandwidth charges, surcharges, and other charges incurred by You and set forth in Our invoice.

In the event of a breach of security, You will remain liable for any unauthorized use (and excessive use) of the Services until You notify Us via the Help Center.

We reserve the right to change fees, surcharges, monthly membership fees or to institute new fees at any time. In addition, We may institute special trial offers, from time to time, that shall be reflected in the confirmation letter We send to You when You initially sign up for Our Services.

All Services renew automatically. If We do not receive full payment within three (3) days of invoice date, a late charge equal to 1.5% per month or highest amount allowed by law per month may be added to Your bill and shall be due and payable. You will also be responsible for all attorney and collection fees arising from Our efforts to collect any unpaid balances, and We reserve the right to terminate Your account immediately without further notice if We do not receive payment within thirty (30) days of it being due.

Any fees payable by You will be exclusive of transactional taxes where relevant (like sales tax, VAT and GST). You will be responsible for paying all fees and taxes associated with Your use of Our Services wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine Your location, which may be used for tax purposes (so location information You give Us must be accurate for tax residency purposes).

Cancellations and Terminations

Cancellations are processed by Our Billing department. To cancel an account, a cancellation request must be submitted from inside Your hosting control panel. The following information is required when completing a cancellation request:

  • Primary domain name on the account
  • Answers to Your two selected security questions
  • Verification that You have downloaded a backup of all necessary files

The above information is required for the protection of all End Users to ensure only account owners are able to cancel accounts.

No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Services of this TOS in accordance with its terms.

Survival. Those provisions that by their nature should be deemed to survive this TOS shall so survive termination of this TOS.

IP Address(es). Upon expiration, cancellation or termination of this Agreement, You shall relinquish any Internet protocol (“IP”) numbers, address or address blocks assigned to You by Us or Our network services supplier (but not the URL or top level domain connected therewith). We reserve, in Our sole discretion, the right to change or remove any and all such IP numbers, addresses or address blocks.

Refund Policy

We will provide any refund which we are required to provide in accordance with the Australian Consumer Law or other applicable non-excludable consumer laws.

Outside of the above, and Our 30 day money-back guarantee, we have no refund policy. On a case-by-case basis, however, and at Our sole discretion, We may award a pro-rated refund to an End User.

Unless a non-excludable right applies, service credits issued to accounts are not eligible for refund and will remain on the account for two (2) years after the last hosting account is canceled. If the service credit is not utilized within that time frame, said service credit is forfeited and You hereby agree to release Us from all liability for use of such service credits.

Our Rights and Responsibilities

Support. We will provide You with a reasonable level of technical support via email or through Your hosting control panel for the term of this Agreement.

Other Work. We have the right to perform and license products to others during the term of this Agreement. We may elect to electronically monitor the Services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate the Services and protect its End Users.

Your Rights and Responsibilities

Authority. You represent and warrant that (i) You are at least eighteen (18) years of age, (ii) possess the legal right and ability to enter into this Agreement, (iii) the performance of Your obligations hereunder and the use of the Services will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third-parties or unreasonably interfere with other End Users, (iv) information You give Us is true, accurate and complete, and (v) You will keep Your login information up-to-date (including a working email address). You must notify Us within thirty (30) days of any change in Your information.

Your login is not transferrable. You are responsible for any use of Our Services that occurs in conjunction with Your login details. Please let Us know immediately if You become aware that there has been any unauthorized use of Your login details.

Privacy. We respect Your privacy. As a registered customer You will be asked to provide some information about Yourself. This information may be used by Us and contractors in connection with providing Our Services, including marketing activities. We may also collect and use web analytics information about visitors to a website You build or manage using Our services. We use this information for statistical and website development purposes and to improve Our services to You. Please see Our Privacy Policy.

Security. We value Your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of Your information, please be aware that We can’t promise that Your use of Our Services will be confidential, and We can’t promise that any information You provide to Us is perfectly secure.

Third party service providers. We may engage other companies to provide services in support of Our Services, hosting and the collection and processing of payments. We will only disclose or allow Our third party service providers to access Your personal information in accordance with Our Privacy Policy and, if applicable, the Domain Registration Agreement.

Domain Registration. We use a third party (https://opensrs.com/) to process domain name applications, and by submitting a domain name registration request, you consent to the Domain Registration Agreement and to us providing that company with your name, email address and other relevant information for that purpose. Once your domain name has been registered, this information will be publicly available on the WHOIS database and you will not have the option to mask your identity or conceal this information from a WHOIS lookup. You are responsible for maintaining your domain name. Your website may become inaccessible to users if you let your domain name expire or if the registrar cancels it for any reason.

Acceptance on behalf of someone else. If You’re agreeing to these terms on behalf of someone else (like Your employer), then You’re promising to Us that You have full legal authority to bind that third party. Only real persons can subscribe to Our Services.

Assumption of Risk. You hereby agree to assume all risks related to processing of transactions related to electronic commerce.

Fees and Expenses. You agree to be responsible for payment of all costs, fees and expenses assessed by third-parties in the course of using Our Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between You and a third-party domain name registrar.

Third-Party Software. Third-party software available through the Services may be governed by separate End User licenses. By using Our Services and any third-party software, You agree to be bound by the terms of such End User licenses regarding the applicable third-party software. You shall agree that the terms and conditions of this TOS, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this TOS, inure to the benefit of such third-party service providers and such third-party service providers are deemed to be third-party beneficiaries of this TOS, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all reference to Us within this TOS and any incorporated terms are also deemed to include, where applicable, Our agents, such as the third-party service providers.

Management of Website. You will be solely responsible for all content available on or through Your website hosted with Us, and You shall at all times be subject to the terms of this TOS.

Blocking a user, disabling an account or refusing to process a payment. We may block You, terminate Your account or refuse to process a payment if we reasonably believe there is a risk associated with You, Your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by Us or Our members. You promise that You are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in Your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.

US-specific controls. Our services are not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export WP Managed Host or Envato Hosted items to a U.S. sanctioned country or to anyone on the SDN list.

Compliance with Laws. You agree that You will use the Our Services only for lawful purposes and in accordance with this TOS. We may change this TOS, with notice or without notice, which notice may be provided by posting such new TOS at Our website. You may request a current copy of this TOS by emailing a request to Us at the Help Center. You represent and warrant that You have received, read and understand the current version of Our TOS.

Warranty, Liability and Indemnity

In some places there may be non-excludable promises, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these TOS. Except for non-excludable consumer guarantees, We are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at Our option, to replacing or paying the cost of replacing the relevant item or service (unless the non-excludable consumer guarantee says otherwise).

You indemnify Us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to Your use of Our Services (including any claim against us relating to your content).

Our Services are made available to you on an “AS IS” basis. Outside of the non-excludable consumer guarantees discussed above, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability and fitness for a particular purpose.
Our liability to You in connection with Our Services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  1. We exclude liability for any of these things incurred by You: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
  2. Our total aggregate liability to You is otherwise limited to the total amounts paid by you to us for Our Services in the 6 months immediately preceding the date on which the claim giving rise to the before liability arose.

If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in Our favour in these terms, We hold that benefit on trust for the other Envato companies. We may enforce that benefit as trustee for and on behalf of the other Envato companies as beneficiaries under that trust.

Because some jurisdictions prohibit the limitation of liability for consequential or incidental damages, in such jurisdictions the limitation of liability only with respect to consequential or incidental damages may not apply to You, and Our respective liability and Our third-party service providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in such jurisdictions.

Miscellaneous Provisions

Assignment. We may novate, assign or otherwise transfer this TOS by notice to you. You may not assign this TOS or any of your rights or obligations hereunder without Our prior written consent, and any such attempted assignment shall be void. This TOS shall be binding upon the parties’ respective successors and permitted assigns.

Notices. Any notices or communication under this TOS shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by registered mail, return receipt requested.

If to Us:

WP Managed Host
PO Box 16122 Collins Street West
Victoria 8007 Australia

or via the Help Center.

If to You:

The address You provided at account set-up.

Governing Law. This TOS, and all future agreements You may enter into with us, unless otherwise indicated on such other agreement, will be governed by the laws of Victoria, Australia, and You submit to the jurisdiction of the courts there. This is the case regardless of whether You reside or transact business in Victoria or elsewhere.

Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

Severability. In the event any one or more of the provisions of this TOS is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

Force Majeure. We, along with Our affiliates, agents, employees, and licensors (including Our third-party service providers) shall not be liable for failure to perform any obligation under this TOS if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure to transport, accident, ware, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for fifteen (15) days, the other party may terminate this Agreement without penalty and without further notice.

Independent Contractors. The parties to this TOS are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

Entire Agreement. This TOS, along with the Privacy Policy, Resource Usage Policy and any relevant third-party agreements for licenses or services provided to You, sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein.

Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between You and Us.