Terms of Service

About these terms

These terms are an agreement between you and Daleq Media LLC, a Florida limited liability company doing business as HostingWC™ (“HostingWC”, “we”, “us”, “our”). HostingWC is a trade name of Daleq Media LLC, not a separate company. Every order, invoice and payment is made with Daleq Media LLC.

These terms apply when you use hostingwc.com, the client dashboard at my.hostingwc.com, or any service you order from us. “You” means the person or the business that uses the website or holds the account. If you accept these terms for a business, you confirm that you can bind it.

By ticking the agreement box at sign-up or checkout, placing an order or using a service, you accept these terms, including the Acceptable Use Policy, and the Privacy Policy. The details of a particular plan, as shown on the pricing page and in your order, form part of this agreement.

Your agreement is with Daleq Media LLC only. Its members, managers (including any trustee acting for a manager), officers and employees are not parties to it and, consistent with section 605.0304 of the Florida Statutes, are not personally liable for its obligations.

Daleq Media LLC is located at 18117 Biscayne Blvd, Suite 4935, Miami, FL 33160.

Nothing in these terms takes away rights you have under consumer protection law that cannot be excluded by agreement.

Your account

• You must be old enough to enter a binding contract where you live, and the details you give us (name, email, billing details) must be accurate and kept up to date.
• You are responsible for everything done through your account. Keep your password and any API keys, SSH keys and FTP or database credentials secret, use a strong unique password, and turn on two-step sign-in where it is offered.
• Tell us straight away at hello@hostingwc.com if you think someone else has access to your account. We may ask you to prove who you are before we make changes to an account, and we may refuse a request we cannot verify.
• If you give other people access to your account or services, you are responsible for what they do.

Plans, prices and billing

Our plans, what each one includes and their prices are listed on the pricing page. The plan and price confirmed in your order are the ones that apply to you.

• Services are paid in advance for each billing period (for example monthly or yearly) and renew automatically at the end of each period until you cancel. Your plan renews at the price you signed up at, unless we tell you about a change before your next renewal.
• Recurring billing authorization. By placing an order, you authorize Daleq Media LLC to charge your saved card, PayPal account or other payment method on file for each renewal, at the price and billing period shown in your order, until you cancel. We create each renewal invoice before its due date and email it to you.
• How charges appear. Charges appear on your card or bank statement as HOSTINGWC or HOSTINGWCCOM.
• Prices are shown in US dollars. Taxes are added where the law requires them.
• If a payment fails, we will tell you and give you a chance to pay. If it stays unpaid, we may suspend the service and, after further notice, end it.
• Work outside your plan, such as a quoted repair or a build, is priced and agreed with you in writing before it starts.

Non-refundable fees

Fees are non-refundable except where the law requires otherwise. In particular, the following are never refunded or prorated:

• setup, installation and migration fees, once work has started;
• domain registrations, renewals, transfers and redemption fees, once submitted to the registry;
• dedicated servers, game servers and other resources reserved or provisioned specifically for you;
• any part of a billing period, including after an upgrade, downgrade, suspension or cancellation;
• quoted work that has been delivered or started.

Payment disputes and chargebacks

If you think a charge is wrong, contact us first by opening a support ticket in your account, so that we can look into it. Most billing questions are resolved there. You agree to give us 14 days from the day you open the ticket to resolve it before you open a chargeback with your card issuer or bank, or a dispute or claim with PayPal.

Opening a chargeback, dispute or claim without first opening a support ticket and allowing those 14 days is an unauthorized dispute and a material breach of these terms. When an unauthorized dispute is opened:

• we may suspend or end, straight away and without further notice, the disputed service and any other services, servers and compute instances on your account;
• any unearned prepaid balance on the account is forfeited, to the extent the law allows; and
• you agree to pay the dispute fee our payment processor charges us, plus an administrative recovery and handling fee of $50.00, together with any amounts still owed.

Suspended services are restored only once the account is paid in full, including these fees, and the dispute is withdrawn or decided in our favour. We may provide your order details, your acceptance of these terms, invoices, usage records and support history to the payment processor to respond to a dispute.

Nothing in this section limits any right you have under law to dispute a charge that was not authorized.

Cancelling

You can cancel any service from your account. To avoid the next renewal, cancel before the renewal date. Cancelling does not reverse a renewal already charged; a cancelled plan keeps running to the end of the period you paid for. Before it ends, download your files, databases and email; they are yours to take with you. After a service ends we may delete its data, and we cannot promise that anything will still be available.

The sub-second commitment

Hosting plans include the sub-second commitment described on our sub-second page. That page sets out the load-time target for each plan, the pages covered and the conditions under which they are measured.

The load-time target is a performance goal, not a warranty or a promise of any particular result. Our commitment is limited to measuring your covered pages under the conditions described, telling you the results, and using reasonable efforts to correct causes we identify in the infrastructure we operate (our servers, caching, PHP, storage and network). We do not commit that any page will load within the target for any particular visitor, device, browser, network or location. Load times outside our test conditions are not measured against the target.

The target does not apply to delays caused by: your content, themes, plugins, custom code, images, media or configuration; third-party scripts and services; DNS, CDN or other services not provided by HostingWC; the visitor’s device, browser, network or distance; traffic beyond your plan’s resources; attacks; or the exclusions and events listed in these terms.

Missing the target is not a breach of these terms. It does not entitle you to any refund, payment, discount, service credit or account adjustment, or to cancel other than as set out in Cancelling. Measurement methods, schedules and reports may change as we improve them, and they may not yet be available for every account.

Uptime target and service credits

We target 99.9% network availability each calendar month for hosting services, measured by our monitoring systems. This is a target, not a promise that a service will be free of interruptions or errors.

The following do not count as downtime:

• scheduled maintenance;
• events outside our control, as described in Events outside our control;
• failures of upstream datacenters, network transit or peering;
• periods during which denial-of-service or other attack traffic is being filtered or mitigated;
• problems caused by your content, code, plugins, configuration or third-party services you use, and any suspension under these terms.

Your only remedy. If availability for a service falls below the target in a month, you may ask for a service credit by opening a support ticket within 7 calendar days of the incident. Service credits are given at our discretion, are applied only to a later renewal of the same service, are never more than that service’s fee for the month of the incident, and have no cash value. They are never paid out, refunded or transferred, and they lapse when the service ends. A service credit, where given, is your sole and exclusive remedy for downtime.

Support and quoted work

Every membership includes support: ongoing access to people who answer your questions, explain what is happening and help you find the next step, as described on the support page. Support means access to people for questions, not unlimited hands-on work. We answer as soon as we reasonably can; we do not promise a response time.

Writing, debugging or reviewing custom code, building sites, features or plugins, and running or administering servers for you are not part of support. When something needs that kind of work, we say so and offer a Website Care plan or a quoted job, and nothing is charged until you agree to the quote.

Your content and your data

• Your websites, files, databases, email and other content stay yours. You allow us to store, copy, transmit and process them only as needed to run the services and to keep them secure.
• You are responsible for your content and for the software you install: that you have the right to use it, that it is lawful, and that it is kept updated.
• Keep your own copies of your data. We may keep backups to help us run the platform, but we do not promise how often they are made, how long they are kept, or that a backup will be available or complete when you need it. A backup we hold is not a substitute for yours.
• If you collect personal data from your own visitors or customers, you are responsible for doing that lawfully, including any privacy notice you owe them. How we handle personal data is described in the Privacy Policy.

Game servers and software you run

Infrastructure only. For game servers, and for any software, files or content you or your users install, upload or run on our services, Daleq Media LLC d/b/a HostingWC acts only as a provider of compute, virtualization, storage, bandwidth and network infrastructure, and as a service provider that stores material at the direction of its users under 17 U.S.C. § 512. We do not select, review, control or endorse that material. Help from our team is guidance, not a guarantee that a game, mod or plugin will work.

Your warranties. You represent and warrant that you hold, and will keep for as long as the material is hosted, all legal rights, licences and permissions needed for every game server binary, emulator, mod, plugin, map, script, server asset, game file and other third-party software or material hosted on your services, and that your use follows each publisher’s end-user licence agreement, server rules and terms. You alone are responsible, legally, civilly and financially, for that material and for what your players and users do with it.

You may not use the services to run unlicensed or “private” servers of commercial games, emulators of online services you are not licensed to run, or to distribute cheats, hacks or cracked software.

Acceptable Use Policy

This Acceptable Use Policy is part of these terms. You may not use the services, or let anyone else use them, to:

• send spam or unsolicited bulk email, or host pages advertised that way;
• store or spread malware, viruses or other harmful code;
• run phishing pages, impersonate other people or organisations, or commit fraud;
• host or link to illegal content, including content that infringes someone else’s copyright, trademark or other rights, or that exploits children;
• harass, threaten or incite violence against anyone;
• attack or probe other systems, including denial-of-service attacks, port scanning, brute-force sign-in attempts and exploiting vulnerabilities, or try to get around the security of our own platform;
• offer services that let others attack, flood or disrupt networks, such as “booter” or “stresser” services;
• mine cryptocurrency, or run open proxies, open mail relays, VPN exit nodes or anonymising networks;
• use more CPU, memory, storage, bandwidth or email volume than your plan allows, or use resources in a way that harms the performance of the platform for other customers.

If your site or server is compromised, we may isolate it, remove the harmful files or block traffic to protect you and other customers, and we will tell you what we did. If a service keeps using more resources than its plan, we will contact you about reducing the load or moving to a plan that fits. Report abuse to abuse@hostingwc.com.

Copyright complaints (DMCA)

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Send notices to our designated agent:

Copyright Agent, Daleq Media LLC d/b/a HostingWC
18117 Biscayne Blvd, Suite 4935, Miami, FL 33160
Email: legal@hostingwc.com (copies to abuse@hostingwc.com)

A notice must include your physical or electronic signature; the work you say is infringed; the material you say infringes it and where it is on our services; your contact details; a statement that you believe in good faith that the use is not authorized by the owner, its agent or the law; and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

We may remove or disable access to material that is the subject of a valid notice and will tell the account holder, who may send a counter-notice that meets the requirements of the law. We end, in appropriate circumstances, the accounts of customers who repeatedly infringe.

Our website, software and brand

hostingwc.com, the client dashboard and everything in them, including their code, platform architecture, page and interface designs, text, graphics, guides, and the HostingWC™ name and logo, belong to Daleq Media LLC or the people who license them to us. They are protected by copyright, trademark (including common-law trademark rights) and other laws. Using our services gives you the right to use them for your own websites and business as intended, and no other rights.

Unless we agree to it in writing, you may not, and may not help anyone else to:

• copy, reproduce, republish or sell our website, dashboard, designs, text or other content, or make works based on them;
• clone or closely imitate the look, layout or features of our website or dashboard to build or market a service that could be mistaken for ours;
• scrape, crawl, harvest or bulk-download content, prices or data from our website or dashboard with bots, scripts or other automated means (search engines that follow our robots.txt are welcome);
• decompile, reverse engineer or extract source code from the dashboard or our other software, except where the law allows it despite this restriction;
• remove or hide copyright, trademark or other notices, or use the HostingWC™ name or logo, or anything confusingly similar, in a domain, product, company or advertisement.

We may block automated traffic and suspend access that breaks these rules, and we may take legal action to protect our rights. Your own content stays yours, as described in Your content and your data. Open-source software that is part of our services remains under its own licence, and nothing here limits the rights that licence gives you.

Suspension and termination

We may suspend all or part of a service if you break these terms, if a payment is overdue or disputed, if your use puts the platform, other customers or the public at risk, or if the law or a valid order from an authority requires it. Where it is reasonable, we tell you before we suspend and give you a chance to put things right; when there is an urgent risk, or after an unauthorized payment dispute, we may act first and tell you straight after.

We may end a service for a serious or repeated breach of these terms, or if a suspension is not resolved within a reasonable time. We may also stop offering a service altogether, with reasonable notice. You can end the agreement at any time by cancelling your services. Sections that by their nature should continue after the end of the agreement, such as those on fees, payment disputes, liability, indemnity and governing law, continue.

Domains

• Domain registrations, renewals and transfers are made through accredited registrars and are subject to the rules and policies of the registry for each ending (such as .com or .co.uk) and of ICANN where they apply, including their dispute resolution policies. We cannot guarantee that a name is available until the registration is confirmed.
• You must give accurate registrant contact details and keep them current. Registries may require these details to be verified and, depending on the ending and the privacy options available, published in public registration data (WHOIS or RDAP).
• Registrations last for the period you pay for. Renewing on time is your responsibility; if automatic renewal is on, we try to renew the domain before it expires and charge it like any other renewal. An expired domain may stop working, and after the registry’s grace periods it can be lost or registered by someone else.
• Transfers to or from us follow registry rules, which can include waiting periods (for example after a registration, transfer or change of owner) and an authorisation code.
• Domain fees are non-refundable once submitted to the registry, as set out in Non-refundable fees.
• You are responsible for making sure your domain name does not infringe anyone else’s rights.

Free tools

The free speed audit and other tools on this website are provided for information. Their numbers come from Google PageSpeed Insights and other public sources at the moment of the test, can vary between runs, and are not advice that a particular change will produce a particular result. We may limit how often the tools can be used, for example one audit a minute, and we may change or withdraw them.

Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND ANY WARRANTY ABOUT THIRD-PARTY SOFTWARE, GAMES OR SERVICES THAT YOU CHOOSE TO USE WITH OURS.

The load-time target, the uptime target and the descriptions of features, monitoring, reports and measurement on our website are goals and descriptions of how we work. They are not warranties.

Events outside our control

We are not responsible for any delay, interruption, data loss or failure to perform caused by events beyond our reasonable control, including: failures or degradation of datacenters, upstream network, transit and peering providers, hardware or storage; power, cooling or utility failures; denial-of-service and other network attacks, and the time needed to filter or mitigate them; security flaws in third-party software; acts of government, war, terrorism, civil unrest, labour disputes, epidemics, fire, flood, hurricanes and other natural events.

We will take reasonable steps to limit the effect and restore service, and our obligations are suspended while the event continues.

Limitation of liability

To the extent the law allows:

• we are not liable to you for indirect, incidental, special or consequential loss, or for loss of profits, revenue, business, goodwill or data, even if it was foreseeable;
• our total liability for all claims arising out of or in connection with the services is limited to the aggregate fees paid or payable by you for the affected service during the three (3) months before the event that gave rise to the claim.

These limits do not reduce your obligation to pay fees, your indemnity under these terms, or your liability for breaching the Acceptable Use Policy or the payment disputes section. Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

Indemnity

You agree to defend, indemnify and hold harmless Daleq Media LLC and its members, managers (including any trustee acting for a manager), officers, employees, contractors and affiliates from all claims, losses, damages, fines, penalties and reasonable costs (including legal fees) arising from: your content; any game files, binaries, emulators, server assets, software or other third-party material you or your players or users host or run; the acts of your players, users and customers; your use of the services in breach of these terms; your breach of the law or of anyone’s rights, including intellectual property and licence terms; and any payment dispute you open in breach of these terms. We will tell you promptly about such a claim and let you take part in handling it.

Changes to these terms

We may update these terms, for example when we change our services or when the law changes. The date at the top shows when they last changed. If a change materially affects you, we will tell you by email or in the client dashboard before it takes effect. If you do not agree with a change, you can cancel before it applies; continuing to use the services after it takes effect means you accept it.

Governing law, venue and waivers

These terms, and any dispute arising out of or relating to them or the services, are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law rules.

Any such dispute will be brought only in the state courts located in Miami-Dade County, Florida, and you and we each consent to the exclusive jurisdiction and venue of those courts, except where the law gives you a right to bring a claim elsewhere that cannot be waived.

WAIVER OF JURY TRIAL. YOU AND WE EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

CLASS ACTION WAIVER. TO THE EXTENT THE LAW ALLOWS, ANY DISPUTE WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.

General

• These terms, the plan details in your order and the pages they refer to are the whole agreement between us about the services.
• If part of these terms cannot be enforced, that part is limited to the minimum extent needed and the rest still applies.
• If we do not enforce a right straight away, we can still enforce it later.
• You may not transfer this agreement to someone else without our written agreement. We may transfer it as part of a sale or reorganisation of our business, and will tell you if we do.
• We may send notices to the email address on your account. You can send notices to hello@hostingwc.com; legal notices go to legal@hostingwc.com.

Contact

Questions about these terms: email hello@hostingwc.com or use the contact form. Legal notices: legal@hostingwc.com. Abuse reports: abuse@hostingwc.com. Post: Daleq Media LLC, 18117 Biscayne Blvd, Suite 4935, Miami, FL 33160.