Last updated: 06/15/2020
This Terms of Service Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce and other Internet-related services provided by HAPPY DOG WEB HOSTING (the "Services"). As used in this Agreement, "you" or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the HAPPY DOG WEB HOSTING web site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "HAPPY DOG WEB HOSTING web site" refers to the Site located at the www.happydogdesign.com, www.happydogwebdesign.com, or any other successor Sites owned or maintained by HAPPY DOG WEB HOSTING.
- APPROPRIATE USE OF THE SERVICES.
HAPPY DOG WEB HOSTING provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
- Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any HAPPY DOG WEB HOSTING server in connection with Client's use of the Services which:
- violate any state, federal or foreign laws or regulations
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of HAPPY DOG WEB HOSTING or any third party
- are defamatory, slanderous or trade libelous
- are threatening or harassing
- are discriminatory based on gender, race, age or promotes hate
- violate any HAPPY DOG WEB HOSTING policy posted on the HAPPY DOG WEB HOSTING Site
- contain viruses or other computer programming defects which result in damage to HAPPY DOG WEB HOSTING or any third party
- contain or promote any content of a pornographic nature
- No Spam Policy. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at HAPPY DOG WEB HOSTING, or otherwise, that mention or reference any domain hosted on HAPPY DOG WEB HOSTING servers or parked on HAPPY DOG WEB HOSTING DNS servers. Client agrees to not knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
- False or misleading email header information
- Deceptive email subject lines
- Failure to provide an opt-out method
- Failure to identify the message as an advertisement
- Failure to include a physical postal address in an email
- Disk Space. Client may occupy only the amount of disk space on the HAPPY DOG WEB HOSTING Server that is allocated to the account. Client may not make any account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means. Client understands and agrees that shared server space is for business and personal website operations purposes only and not for unrelated data storage. Client may be charged a penalty for over-utilization of disk space.
- Server Resources. Client is responsible for controlling the server resources that are consumed by any files and/or use from within Client's hosting account. If Client's hosting account is on a shared server, and Client's use of such resources causes an increased server load that adversely affects other hosting accounts in the same shared hosting environment, HAPPY DOG WEB HOSTING reserves the right to disable the offending process, and in extreme cases, suspend the account until the cause of the excessive process is resolved. The following limitimatons are in effect at all times for all accounts:
- Accounts cannot host third party sites or otherwise act as a hosting company to third party sites
- Accounts cannot host more than a total 250,000 inodes
- Accounts cannot use more than 25% of system resources for longer then 90 seconds
- Accounts cannot run excessive MySQL queries that take longer than 15 seconds
- Accounts cannot run backup scripts between the hours of 6 am and 11 pm Pacific time
- Accounts cannot run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
- Accounts cannot run any software that interfaces with an IRC (Internet Relay Chat) network.
- Accounts cannot run any file sharing, bit torrent or other P2P network services, client or server software.
- Accounts cannot run any gaming servers such as counter-strike, half-life, battlefield 1492, etc
- Accounts using more than 20 GB of disk space will be removed from the off site nightly backups due the length of time such backups incur.
- Wordpress Resources: HAPPY DOG WEB HOSTING provides an excellent environment for Wordpress web sites, however, some poorly written Wordpress plugins, or some Wordpress web sites excessively using more than 20 Wordpress plugins, or any Wordpress site that violates any of the above resource limits, can negatively affect other accounts on the server. HAPPY DOG WEB HOSTING reserves the right to limit the resources used by such web sites using whatever means available to us, including but not limited to reducing account resource allocations at the account level, editing existing scripts to limit resources used, or temporarily suspending the account if such limits cause server performance issues.
- Bulk Emails. Sending bulk emails from a script in a shared hosting environment puts an excessive load on the server and therefore negatively impacts all other users on the server, resulting in slower page loads and decreased resources, therefore HAPPY DOG WEB HOSTING recommends that shared hosting accounts use third party services such as Constant Contact or MailChimp for bulk emails. However, for the benefit of our valued customers, HAPPY DOG WEB HOSTING does allow the sending of bulk emails with the following restrictions. Violation of any of the following restrictions will result in immediate and permanent disabling of bulk mailing privileges.
- HAPPY DOG WEB HOSTING requires that all bulk emailing from a shared hosting account originating from a script on Client's web site shall be limited to use between the off-peak hours of 10:00 pm to 5:00 am.
- HAPPY DOG WEB HOSTING requires that all bulk emailing from a shared hosting account originating from a script on Client's web site shall be limited to two (2) such mailings per month.
- HAPPY DOG WEB HOSTING requires that every email address on every list has been added by the addressee, who has personally asked to be added to the list via an opt-in system.
- HAPPY DOG WEB HOSTING expressly forbids the sending of email to any third party list, purchased or otherwise obtained, containing email addresses of people or organizations who have not voluntarily asked to receive email specifically from the account.
- HAPPY DOG WEB HOSTING reserves the right to immediately and permanently disable bulk mailing privileges for any account who has caused the HAPPY DOG WEB HOSTING mail server to be placed on any Realtime Black List (RBL) due to excessive spam complaints from bulk email receivers.
- HAPPY DOG WEB HOSTING reserves the right to immediately and permanently disable bulk mailing privileges for any account who has violated the terms of the National CAN-SPAM Act.
- Bandwidth. Client may utilize no more than the network bandwidth that is allocated to the account. Client may be charged a penalty for over-utilization of network bandwidth.
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files. HAPPY DOG WEB HOSTING backs up its servers on a nightly basis, however HAPPY DOG WEB HOSTING does not guarantee the existence, accuracy, or regularity of its back-up services. HAPPY DOG WEB HOSTING is not responsible for any lost or damaged files regardless of the cause. On request, HAPPY DOG WEB HOSTING will restore any available file(s) from its nightly backup for a fee based on the current hourly rate of $92/hour. This fee is waived for clients who have a current monthly maintenance contract with HAPPY DOG WEB HOSTING.
- Offensive Content. You may not publish or transmit via HAPPY DOG WEB HOSTING's service any content that HAPPY DOG WEB HOSTING reasonably believes:
- constitutes pornography
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
- is defamatory or violates a person's privacy
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
- improperly exposes trade secrets or other confidential or proprietary information of another person
- is intended to assist others in defeating technical copyright protections
- clearly infringes on another person's trade or service mark, patent, or other property right
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to HAPPY DOG WEB HOSTING
- is otherwise malicious, fraudulent, or may result in retaliation against HAPPY DOG WEB HOSTING by offended viewers
- Internet Abuse: You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to HAPPY DOG WEB HOSTING and its customers) without express authorization of the owner of the system or network
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
- Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting, or phishing
- Any conduct that is likely to result in retaliation against the HAPPY DOG WEB HOSTING network.
- Use of HAPPY DOG WEB HOSTING's network in a way that unreasonably interferes with HAPPY DOG WEB HOSTING's other customers use of the network
- Termination. HAPPY DOG WEB HOSTING, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us.
- Use By Minors. HAPPY DOG WEB HOSTING does not sell its products and services to minors under the age of 18. HAPPY DOG WEB HOSTING sells such products and services to adults, who can purchase with a credit card. Minors under the age of 18 may purchase such products and services of HAPPY DOG WEB HOSTING only with the involvement of a parent or guardian in the transaction.
- Security. HAPPY DOG WEB HOSTING takes the security of its web servers very seriously. HAPPY DOG WEB HOSTING reserves the right to restrict access to our servers to any IP address that has demonstrated previous abuse attempts, or is listed in a publicly available database as having a reputation for such abuse. This may include a single IP address, a range of IP addresses, or an entire GEO-IP dataset, if necessary. HAPPY DOG WEB HOSTING also reserves the right cancel any hosting account who is deemed a security threat to the server it is hosted on.
- PAYMENT OBLIGATIONS
- Monthly Service Fees. Each of HAPPY DOG WEB HOSTING's web hosting and site maintenance plans are billed monthly from the first day of each month to the last. If the first month's billing cycle includes a partial month, the amount billed will be prorated based on the number of days remaining in the normal billing cycle. On or about the First (1st) of each month, HAPPY DOG WEB HOSTING shall either (i) debit Client's credit or debit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services Fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to HAPPY DOG WEB HOSTING prior to the Past Due Date stated on the invoice. Certain services carry a set-up fee charged by HAPPY DOG WEB HOSTING to Client that must be paid by Client in order to start use of the Service(s). If Client terminates this Agreement in accordance with Section 3 hereunder, Client shall be responsible for any outstanding fees owed to HAPPY DOG WEB HOSTING and agrees to pay any and all fees incurred by Client.
- Late Fees and Penalties. Any payment HAPPY DOG WEB HOSTING receives on or after the Past Due Date shall be assessed a $5.00 late fee. If payment is not received by the beginning of the following month's billing cycle HAPPY DOG WEB HOSTING will suspend the account until payment is received, and will assess an additional $20.00 reinstatement fee to unsuspend the account after payment is received. HAPPY DOG WEB HOSTING shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to HAPPY DOG WEB HOSTING. Termination of this Agreement shall result in immediate closure of the account and deletion of all files associated with the account.
- Domain Names. If Client registers a domain name(s) from HAPPY DOG WEB HOSTING, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) for 1 to 10 years. HAPPY DOG WEB HOSTING does not offer refunds for domain name registrations for any reason, including the misspelling of the domain name.
- SSL certificates. If Client purchases one or more premium SSL certificates from HAPPY DOG WEB HOSTING, Client acknowledges and agrees that Client will pay a fee to purchase the SSL certificate for 1 to 2 years. HAPPY DOG WEB HOSTING does not offer refunds for SSL certificates for any reason, including the misspelling of the certificate common name.
- CANCELLATIONS AND REFUNDS
- Hosting and Maintenance Contract Cancellation.
Cancellation of a hosting or maintenance account requires advance notice and must be initiated by the Client from within the Client's online account management area. Shared hosting accounts (Personal, Business, Corporate, and E-Commerce) and Maintenance Accounts require 24 hour notice prior to the first (1st) day of the next billing cycle. Dedicated Server hosting accounts require 30 days notice prior to the first (1st) day of the next billing cycle. For all hosting and maintenance accounts the first (1st) day of each billing cycle is the first (1st) day of each month.
Because web hosting services are provided on a monthly basis, the client will be responsible for service fees already paid regardless of when the client provides notice of termination. Thus, for example, if Client provides notice to terminate prior to the end of the billing cycle, which in every case is the end of the month, the remaining balance for that month will not be pro-rated or refunded. If Client has prepaid for services six (6) or twelve (12) months in advance, the client agrees that no refunds will be issued for any unused portion of the services regardless of when the client cancels the services. Therefore, if the client's account is cancelled at any point during the pre-paid contract term, Client will not be entitled to a pro-rated refund.
All accounts are cancelled as soon as the client submits the account cancellation request, at which time all remaining files in Client's account will be deleted. Client is responsible to remove all personal files from the server prior to the cancellation request. HAPPY DOG WEB HOSTING will not be held responsible for any files deleted by Happy Dog on that day. The cancellation procedure is subject to change without notice. Hosting and maintenance account cancellations must be requested from within the client's Account Manager by logging in from our home page.
- Web Design Contract Cancellation.
A non-refundable deposit amount of 50% is due at the time of the contract signing. Cancellation of any web design project by either party will result is a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation, based on the amount of $92/hour. Web design cancellation refunds will be processed and delivered within 5 business days of the cancellation date. Click here to request the cancellation of a web design contract.
- CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall HAPPY DOG WEB HOSTING be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless HAPPY DOG WEB HOSTING from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
Client will pay and indemnify and hold HAPPY DOG WEB HOSTING harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
- DISCLAIMER OF WARRANTY
THE SERVICES, THE HAPPY DOG WEB HOSTING SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE HAPPY DOG WEB HOSTING SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. HAPPY DOG WEB HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING , WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HAPPY DOG WEB HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT; AND (5) THERE WILL BE NO BREACHES OF SECURITY.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL HAPPY DOG WEB HOSTING BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF PROFITS, BREACHES OF SECURITY OR CLIENT DATA, USE OF THE HAPPY DOG WEB HOSTING SITE OR ANY HAPPY DOG WEB HOSTING PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL HAPPY DOG WEB HOSTING'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100 US).
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by HAPPY DOG WEB HOSTING. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement and HAPPY DOG WEB HOSTING's policies are subject to change by HAPPY DOG WEB HOSTING without notice. Continued usage of the Services after a change to this Agreement by HAPPY DOG WEB HOSTING or after a new policy is implemented and posted on the HAPPY DOG WEB HOSTING Site constitutes your acceptance of such change or policy. We encourage you to regularly check the HAPPY DOG WEB HOSTING Site for any changes or additions.