PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
WPX is a product owned and operated by K Media Tech, LLC ("WPX", “WPX”, ” “we,” “us,” or “our”) that provides hosting services, software, support, and “Custom Services” described below (collectively, the “Services”). The individuals or organizations which purchase, access, or use WPX’s services are referred to in this Agreement as “Clients”, “users”, “you”, or “your”.
By using the WPX Services, you agree to these Terms of Service. If you do not accept these Terms, do not register for an Account, or purchase, access, or use the WPX Services.
Custom Services include anything developed and or provided by WPX such as custom CDN (content delivery network) called XDN, staging services, optimization services, and malware cleanup services (the list may expand at any time).
Client Applications: The websites, applications, databases, and any other services or technologies created and managed by our Clients through our Services are referred to in this Agreement as “Client Applications”. The third-party visitors of Client Applications are referred to in this Agreement as “End Users”.
You understand and agree that the Service is provided "AS-IS" and that WPX assumes no responsibility for the timeliness, deletion, non-delivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Updates to the Terms of Service: We reserve the right to make changes to these Terms at any time at our sole discretion. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top. Your continued use of our Services following notification of changes will constitute your acceptance of such changes. Please periodically review these Terms and check for any updates.
To access the Services, you will be required to register a “User Account” with us. To use the Client Applications, a user must subscribe to the Services. A User Account and the Services are collectively referred to as a “WPX Account” in these Terms. The user who initially creates the User Account will be the designated “Account Owner”. They may grant different levels of access and permission to other authorized contacts of the WPX Hosting Account. All users of the WPX Hosting Account, regardless of the level of access or permissions they are granted, agree to be bound by these Terms.
You agree that the email address you provide when you create your User Account (“Registration Email Address”) shall be used for official notification purposes related to your WPX Account and the Services. You agree that the Registration Email Address will be used for certain communications from us, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of your subscription. You agree that if you do not read the emails sent by WPX, regularly log into your WPX Account to read posted notifications and take the corresponding action, WPX’s performance of the Services may be negatively impacted.
You must be at least 13 years of age (or any higher minimum age in the jurisdiction where you reside) to access or use the Services. If you are at least 13 years of age (or any higher minimum age in the jurisdiction where you reside) but have not yet reached the age of majority in your jurisdiction (usually 18 years of age) (a “Minor”), then please read these Terms with your parent or legal guardian. The parent or legal guardian shall be bound by these Terms and responsible for all access and use of the WPX Account or Services, including purchases, by the Minor.
By using the Services or registering for a WPX Account, you agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your WPX Account information upon any changes; (c) maintain the security of your WPX Account by protecting your password and restricting access to your WPX Account and WPX Hosting Account; (d) promptly notify WPX if you discover or otherwise suspect any security breaches or unauthorized access related to your WPX Account or the Services; (e) take responsibility for all activities that occur under your WPX Account and accept all risks of any authorized or unauthorized access to your WPX Account. If the provided information in your WPX Account is untrue, inaccurate, not current, or incomplete, or WPX has reasonable grounds to suspect that: WPX reserves the right to suspend or terminate your WPX Account and refuse any current or future use of the Service (or any portion thereof).
If there is a dispute about the designation of the Account Owner or the ownership of a WPX Account, we reserve the right to investigate and determine ownership of the Account, including the identity of the legitimate Company Owner, based on our reasonable judgment.
You agree and acknowledge that if you subscribe to any Service, the subscription fees will be paid regularly on a selected date and, depending on your subscription plan, either monthly or annually. Your services will be renewed automatically due to the subscription payment.
Fees will be automatically charged to the valid payment method you provided. To avoid automatic payments and renewal, you must cancel your subscription to the Services.
If you fail to timely pay your Fees, WPX may terminate or suspend your Hosting Account and the Services.
Disputed charges or chargebacks associated with any Services may, at WPX’s discretion, result in suspension or termination of the Services.
Your service will be promptly terminated if you (or your financial institution) file a dispute or chargeback with Braintree, our credit card payment processor, or PayPal. You will be required to pay a restoration fee as well as any dispute or chargeback fees if you want to stay with WPX.
If you use the Services for or on behalf of а third-party customers to design, build, or manage Client Applications, you remain fully responsible for all payments of Fees in connection with the Services, even if your own customers fail to make payment to you.
The fees are provided in US dollars and do not include any taxes (such as VAT, sales tax, goods, and services tax, etc.), levies, or duties levied by taxing authorities unless explicitly notified at the time of purchase. Any such taxes must be paid by you, and you agree to defend and hold WPX harmless from any obligations, fines, penalties, or charges levied against us as a result of your failure to do so.
WPX reserves the right to change its Fees at any time. If you do not agree to a Fee change, you may cancel the Services without incurring the changed Fee, but no refund will be given for any Fees you have already paid.
If you obtained a promotional Price, promotional code, or other promotional campaigns, WPX will automatically renew your Services upon the expiration of the promotional Price, promotional code, or other promotional campaigns and charge your payment method at the ordinary (i.e., non-promotional) Fee.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted ("Client Content"), are the sole responsibility of the person from whom such Client Content originated. This means that you and not WPX, are entirely responsible for all Client Content that you or the End Users upload, post, email, transmit or otherwise make available on your Client Applications.
WPX does not control the Client Content posted via the Client Applications and, as such, does not guarantee the accuracy, integrity, or quality of such Client Content. You understand that by using the Services, you may be exposed to Client Content that is offensive, indecent, or objectionable.
Under no circumstances will WPX be liable in any way for any Client Content, including, but not limited to, any errors or omissions in any Client Content, or any loss or damage of any kind incurred as a result of the use of any Client Content posted, emailed, transmitted or otherwise made available via the Services.
To provide the Services, WPX must access and use the Client Content in a variety of ways on your behalf. For the sole and limited purpose of providing you the Services, you hereby grant to WPX a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Client Content, in whole or in part.
You represent, warrant, and agree that Client Content shall not:
Infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right;
Violate or promote the violation of any law;
Be defamatory, fraudulent, false, misleading, or deceptive;
Constitute, consist of, or enable spam, phishing attempts, “chain letters”, “pyramid schemes”, or other Malicious Activity;
Upload pornographic, vulgar, exploitative of children, or otherwise obscene content;
Include pornographic, illegal, and/or inappropriate material on your website/s hosted with us;
Promote terrorism, violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Impersonate any person or entity, including, but not limited to, a WPX official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside.
You are responsible for and must provide all telephone, computer, hardware, internet connections, and other equipment and services necessary to access the Services.
You agree not to engage and participate in Malicious activity.
You agree to cooperate with WPX and its employees in ensuring that resource utilization is accurately measured. Do not overburden the Services or place excessive burdens on any CPUs, servers, or other resources connected with the Services.
There is a different Bandwidth limit for each plan of the Service that you agree not to overcome: a. Business (200Gb Monthly Maximum Bandwidth); b. Professional (400Gb Monthly Maximum Bandwidth); c. Elite (Unlimited* Monthly Maximum Bandwidth); d. Elite Plus (Unlimited* Monthly Maximum Bandwidth);
*In the case of the Elite and Elite Plus plans a ‘reasonable use’ limit will be applied at the discretion of WPX. In most cases, the application of a CDN (Content Delivery Network) which we can help configure at no cost, should resolve high bandwidth usage. Contact the WPX support team for further clarification if needed.
Our plans provide you with a maximum limit for email sending of 50 emails per 30 minutes. You agree not to exceed the maximum amounts listed on our website: https://kb.wpx.net/what-is-the-acceptable-use-of-wpxs-email-service/.
If you exceed the limit for sending emails, we may suggest that you use a third-party provider to send emails. If you refuse to use a third-party provider or continue exceeding the limit that we’ve set, we may refuse to deliver emails on your behalf.
You agree not to use excessive CPU resources (usually caused by poorly coded plugins or themes).
You agree not to use excessive MySQL resources (usually caused by poorly coded plugins or themes).
You agree not to use pirate or copyright-breaching material on your website/s hosted with us.
You agree not to use the Service for file sharing or BitTorrent purposes.
You agree not to use 'nullified' (cracked) plugins - these usually contain destructive malware.
You agree that WPX may, in its sole discretion and without prior notice, immediately terminate your account, deny access to any and all associated Content entered by you or related parties, and deny access to the Service for reasons that include but are not limited to:
breaches or violations of the TOS or other incorporated agreements or guidelines;
requests by law enforcement or other government agencies;
a request by you (self-initiated account cancellations);
discontinuance or material modification to the Service (or any part thereof);
unexpected technical or security issues or problems;
extended periods of inactivity;
engagement by you in fraudulent or illegal activities;
and/or on payment of any fees owed by you in connection with the Services.
Termination of your account includes
removal of access to all offerings within the Service,
deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and barring further use of the Service.
Further, you agree WPX shall not be liable to you or any third party for any such termination of your account, any associated email address, or access to the Service
You may terminate a Service at any time through the Client Area (Cancellation Request). We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will continue to be charged. You must follow this procedure to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund, if applicable, as set out in our 30 days money-back policy.
If you choose to restore your website(s) after your account has been terminated (due to non-payment or your cancellation request), you will need to pay your invoice. The invoice will include a flat restore fee of 25$ for the time during which we have kept your backups (up to 90 days) plus your regular subscription fee.
Bulk email marketing from your website/s hosted with us
Any use of 'nullified' (cracked) plugins - these usually contain destructive malware
Placement of pirate or copyright breaching material on your website/s hosted with us;
Placement of pornographic, illegal, and/or inappropriate material on your website/s hosted with us;
Placement of malware on your website/s hosted with us;
Placement of hate-oriented material on your website/s hosted with us;
Negligent security practices that continually expose your website/s hosted with us to hacking attacks (e.g. using 'admin' as a username and 'password' as a password for your WordPress admin logins);
Excessive use of CPU resources (usually caused by poorly coded plugins or themes) – as determined by WPX Hosting;
Excessive DMCA requests and other types of abuse reports– as determined by WPX Hosting;
Excessive use of MySQL resources (usually caused by poorly coded plugins or themes) – as determined by WPX Hosting;
Use of your website/s hosted with us for filesharing or BitTorrent purposes;
Exposure to large-scale and/or repeated DDOS attacks that compromise the integrity of WPX servers;
Abusive/insulting behavior toward WPX staff– as determined by WPX Hosting.
WPX automatically creates daily backups of your sites hosted in WPX and stores them on separate Backup servers for up to 28 days. The backups are system-made and cannot be downloaded from the WPX control panel nor provided to clients as compressed files.
Daily backups can only be restored to the same site for which they were initially created.
You acknowledge and agree that it is your responsibility to regularly back up all of your Content to prevent any potential data loss. We will use commercially reasonable efforts to back up data stored on your Hosting account.
WPX will exclude files carrying standard extensions for archives (tar, tar.gz, tar.bz2, zip, 7z, and rar) from the automatic backups;
WPX will exclude archives created by backup plugins installed by the Client, regardless of the archive file extension from the automatic backups;
If you choose to use our Backups, please note that a backup copy may not be available for restoration upon your request due to technical reasons such as an excessive number of files in the backup, backup software failure, storage failure, or corrupted backup files. Therefore, you must keep independent backup copies of your Content in addition to those maintained by us.
We may host your account and the backups of your data in different data center locations. This means that your backups may be stored on servers in a different state, country, or continent. In case of emergencies, your backups may be restored on servers outside your data center location of choice. All applicable data protection regulations and arrangements in our DPA will be followed in case of offsite data transfer to different locations.
If the Backup service malfunctions, you must notify us through your Client Area and allow us reasonable time to resolve the issue.
In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup.
WPX will keep backups of terminated accounts for up to 90 days (3 months) from the termination date. Terminated accounts can be restored as described in section 6. 4. a.
Please be aware that our Backups are provided "as-is" and are subject to all limitations of liability set out in these TOS, to the maximum extent applicable under national law, without affecting your rights as a Client.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as otherwise provided or expressly authorized by WPX, you agree not to modify, rent, lease, loan, distribute, or create derivative works based on the Service or the Software, in whole or in part.
You acknowledge that WPX may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WPX's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that WPX has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that WPX reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WPX reserves the right to modify these general practices and limits from time to time without notice.
WPX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WPX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as otherwise provided or expressly authorized by WPX, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that WPX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other websites or resources. Because WPX has no control over such sites and resources, you acknowledge and agree that WPX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WPX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WPX, AND THEIR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. WPX AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WPX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN BEFORE USING THE SERVICE. IMMEDIATELY DISCONTINUE THE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, INVOLUNTARY MOVEMENT, OR CONVULSIONS.
"YOU EXPRESSLY UNDERSTAND AND AGREE THAT WPX, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR WPX HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
The Service is provided for informational purposes only, and neither the Service nor the Content included in the Service is intended for trading or investing purposes. WPX and its licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
WPX may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.
All logos, product, and service names related to these TOS are trademarks of WPX (the "WPX Marks"). Without WPX's prior permission, you agree not to display or use in any manner the WPX Marks.
Entire Agreement. The TOS constitutes the entire agreement between you and WPX and governs your use of the Service, superseding any prior agreements between you and WPX concerning the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WPX services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and WPX shall be governed by the laws of the State of Texas without regard to any principles of conflicts of law. You and WPX agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Dallas, Texas.
Waiver and Severability of Terms. The failure of WPX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your WPX account is non-transferable and that any rights to your membership ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to support(at)wpx.net