Terms of Service

 

TERMS OF SERVICE FOR WEB HAWK

This website is not affiliated with the WordPress Foundation or Automattic, Inc.

Welcome to Web Hawk. This website, along with its promotional websites, are owned and operated by WP Website Services.  Web Hawk's Terms of Service are designed to provide our customers a clear and transparent understanding of what we expect of them while they are using our services. The use of Web Hawk services represents your acceptance and agreement to Web Hawk’s Terms of Service, along with our Privacy Policy, regardless of whether you have read them or not.

We reserve the right to change this Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review this Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

This Terms of Service is in effect as of February 26, 2020.

 

ACCESS, RESPONSIBLE USE,  CONDUCT, SETUP AND SERVICE

Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. We require full administrator access to your WordPress site(s), hosting account (web server) and/or any other related accounts that require us to perform our services. We make every effort to protect your data, but cannot be held liable for loss associated with unauthorized access to said accounts. In the event you change your password(s), you must notify us as soon as possible in order to avoid service interruptions.
  3. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  4. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  5. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  6. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  7. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  8. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any Web Hawk employee or representative.
  9. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  10. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of WP Website Services, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  11. You agree to indemnify and hold harmless Web Hawk and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Initial setup of your account and installation of software required for Web Hawk to perform services may take up to five to seven days from the time you make payment, but we strive to achieve this within three days.

Web Hawk cannot be liable for interruption of services, damage to equipment or data loss caused by hardware or service failures.

Web Hawk uses various third party plugins and utilities to provide its services to you. Web Hawk will not be held liable for interruptions to said services and inability to use said third party plugins and utilities for whatever reason. You may not alter the settings of these plugins for any reason. Doing so may cause problems and/or interruption of the services provided to you by Web Hawk. In the event you alter said settings and it causes increased workload for Web Hawk, you may be charged for the additional time incurred at Web Hawk’s current hourly rate in order to return the settings back to Web Hawk’s defaults.

Web Hawk highly recommends that you use a child theme. Using the main (“parent”) theme on your website means that updates to that theme will likely return your website back to the default settings. Web Hawk will not be held responsible for data lost as a result of a theme update where you haven’t utilized a child theme properly.

Web Hawk cannot guarantee that caching and compression services provided will enhance your website’s performance. In most cases, performance increases should be significant but cannot be guaranteed.

Web Hawk cannot guarantee that security enhancement services provided will fully secure your website. Web Hawk will use its best knowledge of practicable and reasonable security practices to assist in the deterrence of security breaches, but no guarantee can be made as to full, impenetrable security. Further, Web Hawk cannot guarantee that malware scans will find any or all malware that might exist on your website or web server. Web Hawk will report to you the discovery of any malware found but removal of said malware may require additional fees, depending on your plan level and severity of issue.

Web Hawk cannot guarantee that any particular premium plugin, theme or other software will be available at any given time now or in the future, as Web Hawk may elect at any time to allow certain developer licenses to expire. In most cases, premium software that is already installed on your website may remain installed even after the license expires, but it may not be eligible for updates or support from the developer.

 

PRIVACY POLICY

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is can be found here.

 

TERMINATION OF DATA AND CUSTOMER PRIVACY (TDCP)

For your privacy, all data and files from terminated and cancelled accounts are immediately deleted and purged from our servers. This includes any and all backups. Please make sure to back up all your files and data before canceling your Web Hawk account.

 

PAYMENTS, AUTO DRAFTING, CANCELLATION AND REFUND POLICY

You agree to supply appropriate payment for the services received from Web Hawk, in advance of the time period during which such services are provided (if you participated in a promotion, payment information is not required until you determine you want to continue services after the promotion). You agree that until and unless you notify Web Hawk of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Web Hawk provides services on a "pay as you go" basis. If at any time you allow your account to lapse, services provided by Web Hawk will stop immediately.

Web Hawk offers a 14 day money back guarantee for first-time clients (not applicable if you have already used Web Hawk's services, or after downgrading/upgrading a plan).

All sales are considered final. We do not prorate any part of our billing fees for any unused time.

You may cancel your Web Hawk account at any time you desire. Click here to submit a cancellation request to our customer support help desk.

If you joined Web Hawk via the yearly payment option and you cancel before the year has expired, your Web Hawk account will remain active until exactly 365 days have passed from the date of your last yearly payment. After which it will be terminated unless you renew your billing before the 365 days has expired.

If you joined Web Hawk via the monthly payment option, your account will be terminated 30 days after your last payment was received by Web Hawk.

Web Hawk will treat all files and data of terminated accounts exactly as outlined in the aforementioned TDCP.

Any account that has unpaid invoices that are more than three days outstanding may be terminated at any time without notice. Before Web Hawk will terminate any account for lack of payment, Web Hawk will send no less than two payment request emails to the account holder. Once again, Web Hawk will treat all files and data of terminated accounts exactly as outlined in the aforementioned TDCP.

Web Hawk reserves the right to refuse or cancel service to anyone at any time, without warning and without reason. Should we decide to cancel service, we’ll send you a cancellation notice either electronically or in writing. We’ll send this notice to the physical or email address we have on record. Web Hawk will treat all files and data of terminated accounts exactly as outlined in the aforementioned TDCP.

We reserve the right to change prices listed on Web Hawk, and the right to increase the amount of resources given to plans at any time.

For your convenience your Web Hawk account will auto draft on a monthly or annual basis, (depending on which billing package you have selected at time of purchase). If you do not want your account to auto draft, you must notify us at least two calendar days (48 hours) before the date that the auto draft is due to take place. Failure on your part to notify us of your desire not to be auto drafted, will result in your account being auto drafted and you agree to hold harmless and indemnify Web Hawk from any and all claims of wrongful billing.

 

IF LAWSUIT(S) ARE THREATENED AGAINST WEB HAWK

If we are sued or threatened with lawsuit in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate our services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.

 

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  1. the use of our Resources will meet your needs or requirements.
  2. the use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. the information obtained by using our Resources will be accurate or reliable, and
  4. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from WP Website Services or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.

 

LIMITATION OF LIABILITY

WP Website Services will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. Web Hawk makes no warranties of any kind, expressed or implied for services we provide. Web Hawk disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, hardware and software failures, hacking, sabotage, terrorist attacks, wrong delivery, force majeure and any and all service interruptions caused by Web Hawk and its employees.

 

COPYRIGHTS / TRADEMARKS

All content and materials available on Web Hawk's website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of WP Website Services, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by WP Website Services.

 

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

GOVERNING LAW

This website is controlled by WP Website Services from our offices located in the state of Texas, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this Terms of Service shall be brought in the federal or state courts located in Texas, United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us here.