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Web Hosting

Terms & Conditions

HOSTING

1. Overview

The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement this (“Service Agreement”) governs your use of Alchemy Creative’s Hosting services “Hosting Services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement. 

DESCRIPTION OF SERVICES

  • Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between other customers on the same servers; however, your site is given a unique address (DNS)
  • Managed WordPress Hosting: Managed WordPress Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching
  • Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers. You will have a dedicated IP address
  • Managed Support: Managed Support plans are monthly or yearly subscription plans that provide you with patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee

ACCOUNT TERMINATION; LIMITATIONS

  1. Migration of Servers: As a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
  2. Payment of Hosting Plans: Hosting plans are to be paid annually by initial manual transfer and then direct debit. Failure to pay hosting bills after thirty (30) days will lead to termination of Hosting Services with no backup or recovery of data or content.  
  3. Termination of Hosting Services: Upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you.  For termination of annually billed Hosting Services within the first year, a pro-rata refund will be given. For termination of annually billed Hosting Services after the second year, no refunds will be given. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
  4. Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s).
  5. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
    1. Justification. We shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
    2. Abusive Activities and Other Threats. You may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Alchemy Creative, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Alchemy Creative reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Alchemy Creative’s discretion for security purposes.
    3. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
    4. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.
      If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
      If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
  6. PROVISIONS SPECIFIC TO WEB, BUSINESS AND MANAGED WORDPRESS HOSTING
    1. Storage and Plan Limits. All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts, and all plans are limited to no more than 100GB of disk storage. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees.
      You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
    2. Optimization for Managed WordPress Hosting. As part of the Service, and for continued improvement, you are opted into Real User Metrics (RUM) and Google Core Web Vitals (CWV). This allows us to identify internal bottlenecks and optimization opportunities by inserting a small snippet of JavaScript code into customer websites. The snippet of JavaScript code allows us to measure and track the performance of your website and collects information such as connection time and page load time. We don’t collect any user information with RUM. The data we collect allows us to improve our systems, optimize DNS resolution, improve network routing and server configurations.
    3. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
    4. Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
  7. PROVISIONS SPECIFIC TO MANAGED SSL
    If you are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-Alchemy Creative server, request a re-key of the SSL certificate – your current SSL certificate will become invalid and we will issue a new certificate for use on your non-Alchemy Creative server.
    We will automatically validate, issue and install the new certificate every two years for subscribing customers using our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issues a new certificate. We will alert customers when to take action via the product dashboard and email.
    You are permitted to assign a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a Subscriber Agreement on your behalf and/or (iii) to acknowledge the Terms of Use on your behalf, provided you acknowledge and agree that you are and will remain subject to and bound by all terms and conditions of this Agreement.
  8. SERVICE UPTIME GUARANTEE
    We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

    You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not Service Provider.