Hosting Service Agreement ("HSA")

Updated 09/24/2023

Description of Hosting Services

WebWyze offers a unique combination of custom web design and hosting services.  Here's what you can expect:

• Subscription Model: We provide a month-to-month subscription service, ensuring flexibility for your business needs.
• Custom Web Design: All our web design plans come with month-to-month hosting, hosted on WebWyze owned servers.
• Terms & Conditions: Our services are subject to the terms and conditions of this Agreement, which encompasses this and all other applicable Schedules.
• Service Evolution: WebWyze continually refines its Website Hosting Services. We reserve the right to amend our offerings, modify terms, and determine applicability for both existing and future customers.

Prohibited Activities

WebWyze champions the free and open exchange of ideas. However, certain activities conflict with our mission of enhancing web publishing for everyone. Engaging in the following activities is strictly prohibited:

• Child Exploitation: No offering of goods, services, or uploading of materials that exploit or abuse children. This includes images or depictions of child abuse, sexual abuse, or any content presenting children in a sexual manner.
• Harassment & Threats: Harassing, bullying, defaming, or threatening specific individuals through goods, services, or materials is not allowed.
• Hateful Content: WebWyze services must not be used to promote hate or violence against specific groups based on race, ethnicity, and other discriminatory factors. Supporting organizations or individuals that endorse such hate is also prohibited.
• Illegal Activities: Offering goods, services, or materials that break the laws of your operational jurisdictions is forbidden.
• Intellectual Property Violations: Do not offer goods, services, or materials that infringe on others' copyrights or trademarks.
• Malicious & Deceptive Practices: Transmitting malware, hosting phishing pages, or any activities that disrupt WebWyze services or its third-party providers are prohibited.
• Personal & Confidential Information: Posting or uploading materials containing sensitive personal details without proper consent is not allowed.
• Local Services Restrictions: Offering Local Services that seem to be restricted items is prohibited.
• Self-harm Promotion: Goods, services, or materials that promote self-harm are not allowed.
• Spam: Unsolicited commercial electronic messages through WebWyze services are forbidden.
• Terrorist Affiliations: Offering goods, services, or materials that suggest support for terrorist organizations is prohibited.
• Limited Remote Access: WebWyze provides fully managed WordPress hosting services. This means that clients do not have FTP/SSH or any other form of remote access to the server. While clients can obtain WordPress administrative access, their permissions are specifically tailored to adding, editing, or removing blog posts. All other aspects of the website, including core page modifications and design changes, are managed exclusively by WebWyze to ensure consistency and quality.

Engaging in the above activities can lead to the removal of materials, account suspension, or termination without notice, even for activities outside of WebWyze services.

Limited Access to Website Functionality

Our managed website service provides a simplified and streamlined experience for our customers. As a result, we do not offer FTP, SSH or MySQL access to the website. Customers are provided with a restricted WordPress access for blog editing. This approach ensures a worry-free experience for our customers, with the peace of mind that their website is being taken care of by our team of experts. The customer acknowledges and agrees that the restricted access to the blog section of the website is sufficient for their needs and that they do not require additional access to the website.

Backups & Security

• Backups: WebWyze conducts regular backups of our servers to ensure data integrity and availability. However, please note that we do not provide individual backup copies to our customers as part of the Website Hosting Services.
• Responsibility: When accessing your WordPress account, you are responsible for maintaining the confidentiality of your username and password. Any actions, omissions, or charges incurred due to unauthorized access resulting from your negligence in safeguarding your account information will be your responsibility. WebWyze is not liable for any breaches or unauthorized access arising from the mishandling of your account credentials.
• Content Protection: To protect your content, you agree to take necessary measures, such as maintaining independent backups and ensuring the security, confidentiality, and integrity of your data stored on WebWyze servers. WebWyze does not serve as an archive and will not be held liable for any loss, damage, or destruction of your content.
• Website Transfer: If you choose to end your use of the Hosting Services, it will be your responsibility to transfer your website to another provider. WebWyze will not transfer or FTP your website on your behalf. You will be subject to the Website Service Agreement section Termination of Services and Website Ownership.

Managed WordPress Hosting & Updates

At WebWyze, we prioritize the security and performance of your website. To ensure this:

• Automatic Updates: All WordPress hosting accounts on WebWyze servers have automatic updates enabled by default. Regular updates are crucial to address potential security vulnerabilities associated with WordPress themes and plugins.
• WebWyze Framework: We utilize a proprietary framework of plugins and themes, specifically curated and managed by WebWyze. This ensures optimal performance, security, and compatibility for your website.
• Client Customizations: Given our commitment to security and performance, we do not install plugins or themes upon client requests. Our managed services are designed to provide a hassle-free experience, with WebWyze handling all technical aspects of your website.

Automatic Malware Scan and Removal

WebWyze is committed to ensuring the security of your website. As part of our hosting services, we provide:

• Regular Scanning: Our systems automatically scan your website for potential malware threats, ensuring timely detection and removal of any malicious content.
• Preventing False Positives: We utilize advanced algorithms and heuristics to differentiate between legitimate website operations and potential threats. This minimizes the chances of false alarms and ensures that genuine website activities are not mistakenly flagged.
• Accuracy in Detection: Our malware detection tools are continuously updated with the latest threat intelligence. This, combined with our rigorous testing processes, ensures high accuracy in identifying and mitigating malware threats.
• Immediate Action: In the rare event that malware is detected, our system takes immediate action to quarantine and remove the threat, ensuring the continued safety and performance of your website.

Automatic Malware Scan and Removal

WebWyze is committed to ensuring the security of your website. As part of our hosting services, we provide:

• Regular Scanning: Our systems automatically scan your website for potential malware threats, ensuring timely detection and removal of any malicious content.
• Preventing False Positives: We utilize advanced algorithms and heuristics to differentiate between legitimate website operations and potential threats. This minimizes the chances of false alarms and ensures that genuine website activities are not mistakenly flagged.
• Accuracy in Detection: Our malware detection tools are continuously updated with the latest threat intelligence. This, combined with our rigorous testing processes, ensures high accuracy in identifying and mitigating malware threats.
• Immediate Action: In the rare event that malware is detected, our system takes immediate action to quarantine and remove the threat, ensuring the continued safety and performance of your website.
• Limitation of Liability: WebWyze is not responsible for any files that are automatically removed from the Customer's account due to the malware scanners, or for any website malfunctions or downtime caused by the removal of these files.
• WordPress Vulnerabilities: WordPress is particularly vulnerable to malware due to the vast number of plugins and themes available. WebWyze does everything possible to keep the Customer's website secured as a managed service.

Hosting Service Availability Guarantee

WebWyze is dedicated to providing reliable and consistent hosting services. We offer:

• Uptime Commitment: We guarantee a 99.9% uptime for your website. This means that we strive to ensure your website is accessible and functional 99.9% of the time, barring any unforeseen circumstances or scheduled maintenance.
• Credit Claim Process: In the rare event that we do not meet our uptime commitment, customers are eligible to claim a credit. To do so:
  1. Contact our support team within 7 days of the downtime incident.
  2. Provide details of the downtime, including date, time, and duration.
  3. Our team will verify the incident and, if confirmed, apply a credit to your account for the affected period.
• Credit Calculation: The credit will be based on the amount of time your services were not available and will be calculated as $3 per hour, up to a maximum of $49 per month.
• Credit Usage: This credit can only be used towards the renewal of your monthly services, excluding any taxes.

Please note that scheduled maintenance, external network issues, and factors beyond our control are excluded from this guarantee.

Allotted Bandwidth and Storage

WebWyze provides specific bandwidth and storage allocations based on the chosen marketing program. Here's what you need to know:

• Allocations & Pricing:
  • 15GB Bandwidth / 30GB Storage: $10.00 per month.
  • 20GB Bandwidth / 40GB Storage: $20.00 per month.
• Exceeding Limits & Automatic Upgrades:
  • If your website exceeds the allotted bandwidth or storage, you will be automatically upgraded to the next available tier to ensure uninterrupted service.
  • Performance Impact: Exceeding the bandwidth may result in potential website slowdowns or unavailability until the automatic upgrade is processed.
  • Billing: The difference in cost for the upgrade will be reflected in your next billing cycle.
  • Custom Quote: For usage exceeding the 20GB/40GB allocation, WebWyze will immediately contact you and provide a custom quote tailored to your specific needs.
• Monitoring & Alerts: We actively monitor bandwidth and storage usage. Customers nearing their limits will be notified in advance, allowing them to anticipate the automatic upgrade or make necessary adjustments.

By being aware of these limits, associated costs, and the automatic upgrade process, you can ensure the smooth operation of your website and manage your costs effectively.