Terms of Service
These Terms of Service (TOS) are an agreement between Wright Web Works LLC ("We" or "Us"), an Ohio Limited Liability Company, and you, the "Client". By purchasing, evaluating, or utilizing our services, you agree to be bound by the terms of this agreement.
Customer Contact Information
Wright Web Works must be able to communicate with all clients. This communication will generally be made via email, but could at times include telephone, direct mailing, or instant messenger services. Communication by email is commonly used by Wright Web Works for relaying invoices, payment receipts, technical support, and product/service announcements. As part of these TOS, you agree to accept these communications and to keep your contact information up-to-date within our Billing & Support System. Through this system, you may designate specific individuals who should receive different types of communications from us.
Use of Electronic Mail System
Wright Web Works provides electronic mail (e-mail) to you with the capability to send and receive mail via the Internet.
We do not limit the number of incoming or outgoing messages that you may send from your e-mail accounts. However, the amount of disk space allowed for storing incoming mail is limited by both a "Mail Quota" as set for each individual mailbox and by the "Disk Space Quota" as set for your entire hosting account. Both of these quotas can be viewed within your account's control panel. The "Mail Quotas" depend on (i) the hosting package selected, and (ii) any modifications the user may make to the quota using the control panel system. Mailboxes meeting or exceeding their set quotas will be unable to accept incoming e-mail and senders will receive a bounce message stating that the offending mailbox has reached its capacity. The "Disk Space Quota" is dependent upon which hosting package you selected for your hosting account. Once your "Disk Space Quota" has been reached, no email accounts will be able to receive any further messages.
The sending of Unsolicited Bulk E-Mail (UBE), commonly known as "spam", is strictly forbidden by Wright Web Works.
Wright Web Works may, at its sole discretion, immediately terminate your account if we find that your account has been used to (or referenced by) spam. You further agree that termination under this clause of the TOS shall result in the forfeiture of any refund for fees paid to Wright Web Works for any service. You agree that under no circumstances shall Wright Web Works be held liable for actions taken, in good faith, to restrict the transmission of material that it or any user of e-mail service considers to be excessively violent, obscene, harassing, lewd, lascivious, or otherwise objectionable.
By turning on AntiVirus protection for a mailbox or any other mail resource, you agree to understanding that any email found to be infected by a virus will be deleted by the server without question or exception. You further acknowledge that AntiVirus is not a replacement for client-side anti virus software and that Wright Web Works does not guarantee that 100% of viruses will be found or cleaned.
Clients agree that Wright Web Works shall not be held liable for any e-mail delayed or redirected due to the Mr. GoodMail spam-fighting tool. Messages judged by the system to be spam will, by default, be sent to a mail quarantine. The system will generate a list of all messages sent to the quarantine and users will have the ability to release said messages. However, messages may be purged from the quarantine after seven (7) days. User agrees that Wright Web Works will not be liable for the loss of any messages from the quarantine.
Money Back Guarantee
Our number one goal is always total client satisfaction. If you have any problems with your account, we will do everything possible to remedy the situation. If we cannot keep our goal of total client satisfaction, we will gladly refund your payment, if requested within the first thirty days of service. Partial refunds may be issued after the first thirty days.
Domain name registrations cannot be cancelled and therefore cannot be refunded.
Wright Web Works accepts the following forms of payment: Visa, Mastercard, Discover, American Express, PayPal, and with the following stipulations, Checks. Personal or business checks are accepted as payment only if they are payable in United States Dollars. We reserve the right to freeze account setup until checks clear our bank. Checks returned to us will result in a $25.00 processing fee.
Invoices are emailed to the address on file 14 days prior to their due date. Check or PayPal payments should be received on or before their due date, which is listed on both the email and PDF versions of the invoice. If we have a credit card on file for your account, we will attempt to charge it automatically on the due date.
Payment is expected in a timely manner. If payment has not been received, a reminder email will be sent three (3) days following the invoice due date. If payment has not been received by seven (7) days past an invoice due date, a late payment fee equal to $1.00 per month or 18% APR (whichever is HIGHER) will be added to your balance due. Additional payment due reminders will be emailed at 10 and 20 days past due if payment has not been received.
Non-Payment Suspension or Termination. If no payment is received for your account within 30 days of an invoice due date, Wright Web Works may suspend your account for non-payment. Suspended accounts are essentially disconnected from the Internet, having no access to email, FTP, or website connections. Payment of the invoice and any applicable late fees will be required before a non-payment suspension will be removed. If no payment is received within 60 days of the invoice due date, Wright Web Works may terminate the account. In such case, all data will be deleted from our systems. Clients agree that Wright Web Works will not be liable for losses of any kind incurred by the client as a result of an account being suspended or terminated.
Non-Payment Forfeiture of Domains. For any past due account, Wright Web Works reserves the right to "lock" domain names associated with the account to prevent their transfer to another registrar or hosting company. If no payment is received on an invoice within 30 days of the due date, Wright Web Works may at its sole discretion take ownership of any domain name associated with the invoice in question. If the account is paid in full prior to a non-payment termination, we will transfer ownership back to the prior owner and remove any locks that we placed on the account. If an account is terminated for non-payment, then any domain names associated with that account may become the property of Wright Web Works. At that point, we may keep the domain name for internal use or sell it to a third party at our sole discretion.
All accounts are renewed automatically upon the invoice due date. At that time, the account balance will be debited from your account. If you pay by credit card, the amount due will be charged to the credit card on file for your account. If you wish to cancel your account, you must request cancellation at least 72 hours prior to the renewal date.
Account Cancellation Procedure
Clients wishing to cancel their account should do so at least 72 hours prior to their account's renewal date. In order to cancel your account, please log into the Billing & Support System and click on the Services tab and then My Services. Click View Details next to the website account that you wish to cancel. Click the Management Actions tab and then on Request Cancellation. Please ensure that you are cancelling the correct service, completely fill out the rest of the form and submit it to us. Cancellation requests are not automated and therefore will not happen until a member of our staff has reviewed the request. We may contact you via phone or email to confirm the request. Any due refunds will be issued according to the Refunds section located here in these Terms of Service.
Wright Web Works agrees to provide a 100% refund for hosting services if requested according to the Cancellation Procedure shown above within the first thirty days of service. After the first thirty days, clients can expect refunds issued according to the following formula if they request cancellation.
- Monthly contracts: No refunds will be issued
- Quarterly contracts: If contract duration is less than or equal to 50% through, then a refund equivalent to one month of service will be due. If contract duration is more than 50% through, then no refund will be issued.
- Semi-Annual contracts: If contract duration is less than 25% used, then a refund equivalent to four months of service is due. If contract duration is between 25% and 50% used, then a refund equivalent to two months of service is due. If the contract duration is more than 50% used, then no refund will be issued.
- Annual contracts: If contract duration is less than 25% used, then a refund equivalent to eight months of service is due. If contract duration is between 25% and 50% used, then a refund equivalent to four months of service is due. If contract duration is 50% or more used, then no refund will be issued.
Under no circumstances are refunds issued for domain name registrations, renewals, or transfers. Refunds are not issued for accounts terminated by Wright Web Works for violations of these Terms of Service.
Where possible, refunds will be issued via the method of payment used to purchase the service. Credit card refunds can only be issued to the card used to purchase the service. Checks can only be mailed to the billing address on file. PayPal refunds can only be sent to the billing email address on file. If the method of refund appropriate for your situation is not available, then client agrees that any refund shall be forfeited. Clients agree that Wright Web Works shall have up to 60 days from the cancellation date to issue a refund.
Domain Name Registration Policy
Wright Web Works will use a registrar accredited by the Internet Corporation for Assigned Names and Numbers (ICANN) to register all domain names on behalf of the client ("registrant"). Registrants agree to abide by all current and future ICANN rules, regulations, and policies as listed on the ICANN website. Part of these requirements is that all contact information ("WHOIS") on your domain name must be kept up-to-date. Failure to keep updated WHOIS information may result in termination of your domain name. Registrants agree that Wright Web Works will not be held liable for any actions taken by ICANN or our ICANN-accredited registrar in enforcing these rules and regulations.
No guarantee of Registration or Renewal. You agree that Wright Web Works may not be held liable for inaccuracies in the WHOIS system indicating that a domain name is available. You further agree that we cannot guarantee that another party is not simultaneously attempting to register the same domain name. Clients acknowledge and agree that they are responsible for ensuring the renewal of their own domain names. This does not prevent Wright Web Works from assisting in renewal, but does not guarantee this assistance. You agree that we will not be held liable for outages caused by a lapse in domain name registration.
Forfeiture of Domain Names. In the event of a chargeback, initiated by a dispute of credit card charges or similar action taken for other payment methods accepted by Wright Web Works, a domain name's registration may be transferred to Wright Web Works. This action will also be triggered by non-payment of registration or renewal fees, non-payment of web hosting fees, or for abusive activities such as spamming and hacking. Clients agree to indemnify and hold harmless Wright Web Works for any of these actions.
Website Software Updates
Clients are permitted to install server-based software for use on their websites, such as Joomla, WordPress, phpBB, B2Evolution, etc. Wright Web Works requires that any such software be kept up-to-date at all times. Client sites are hosted on shared servers, meaning security holes and performance issues in one site could potentially threaten all other sites on the server. If outdated software is found on a client site, we will notify the client of the issue and give a reasonable amount of time for the client to correct the problem. If the software is not upgraded in that time, Wright Web Works may either patch or upgrade the software or if that is not possible, may shut down the site until the software can be updated. If WWW performs the upgrade or patch for the client, the client will be billed an established rate. Wright Web Works does offer maintenance plans for many software packages, where we will monitor and install patches and updates automatically for a set monthly fee. Contact the sales department for more information.
Prohibited Content and Actions
By using our services, you agree that the following is a non-exclusive list of content and actions prohibited by Wright Web Works and these Terms of Service. You further agree that any violation may result in account suspension or termination immediately and without warning. Clients agree that Wright Web Works will not be held liable for any losses associated with suspension or termination for violations of these terms.
- All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is strictly prohibited. This shall include, but is not limited to: content that is threatening, abusive, hateful, libelous, obscene, defamatory, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.
- The impersonation of any person or entity.
- Uploading, posting, or otherwise transmitting any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Uploading, posting, or otherwise transmitting any content that you do not have the right to transmit. This includes content for which you are under contractual or fiduciary obligations to withhold such as that protected by employment or non-disclosure agreements.
- Uploading, posting, or otherwise transmitting any data that contains viruses. This includes computer coding designed to harm, destroy, or limit the functionality of any hardware, software, or telecommunications equipment.
- Exporting software in violation of United States export laws.
- Uploading, posting, or otherwise transmitting any content that provides instructional information about illegal activities such as promoting physical or emotional harm or injury against any person, animal, or entity.
- Attempting to break through security measures put in place by Wright Web Works, its parent company, and/or its vendors.
Wright Web Works will do everything possible to ensure that client data is kept safe. We employ the use of modern equipment meeting or exceeding all industry standards. But we urge all customers to take necessary steps to keep a current, working backup of their data outside of our data centers. By accepting these Terms of Service, clients agree that Wright Web Works shall not be held liable for any losses stemming from data loss.
By utilizing our services, clients understand that Wright Web Works services depends upon computer systems programmed to respond to requests from the Internet. At times, these systems are subjected to exceptional volumes of requests from the Internet and this may result in slowed response times and/or increased processing times. We will attempt to balance and control load levels on our equipment, but clients acknowledge that some delays are not within the control of Wright Web Works. Clients further agree that we shall not be held liable for slowed performance either on or off of our network.
Wright Web Works guarantees that our systems will be fully functional 99.9% of the time during any calendar month. Clients agree that downtime due to scheduled maintenance windows shall not count against this uptime guarantee. Scheduled maintenance windows will be announced in the Billing & Support System on the Network Status page under the Support tab.
Clients believing Wright Web Works to be in violation of this guarantee should submit evidence by email to the company. Allowable evidence includes, but is not limited to, network Pings timed not more than five minutes apart. Wright Web Works shall have the sole authority in determiningt the validity of these requests and may utilize server logs and third party services for such purposes. All Wright Web Works servers and network appliances are monitored 24/7/365 by a third-party system that monitors all services at five or ten minute intervals.
Limitation of Liability
Wright Web Works; Wright Web Works, LLC; Atlantis Enterprises, LLC; and/or any related employees, officers, owners, agents, heirs, executors, members, attorneys, administrators, personal representatives, and assigns shall not be liable for special economic or consequential damages of any kind arising directly or indirectly from customer's use, purhcase, licensing, and activity of any kind in connection with services provided by the Company. In all events, the above named entities, their employees, officers, owners, agents, heirs, executors, members, attorneys, administrators, personal representatives, and assigns shall have liability limited to no more than the sums paid to Wright Web Works by the client for account services during the previous twelve month period.
Changes to These Terms of Service
Wright Web Works reserves the right to revise or replace this policy at any time without prior notice. Your continued use of Wright Web Works' services shall constitute your acceptance of any changes or modifications published by Wright Web Works; Wright Web Works, LLC; or Atlantis Enterprises, LLC. If you do not agree to any such changes, you may request that we cancel your account by following the Cancellation Procedure as outlined in this document. You agree that such cancellation is your exclusive remedy and our sole liability if you do not wish to abide by changes to these Terms of Service or any additional rules or policies instituted by Wright Web Works.