Terms of Service (hosting)

These terms apply to all those with a WordPress hosting package with Book Host. The “Book Host” service may be referred to as “Nose Graze”, as that is the parent company.

Modification

Nose Graze reserves the right to add, delete, or modify the Terms of Service at any time without notice. It is your responsibility to check back and read these terms regularly. You agree to be bound by any changes made to this agreement.

Permissions

By hosting with Book Host, you are allowing us to hold copies of your content on our servers. You give us a license to host, maintain, and display these copies. You are responsible for all of the content and data you upload onto your hosting account.

Personal Information

When you sign up for a Book Host account, we will collect your personal information, including:

  • Full name
  • Email and postal address
  • Phone number
  • IP address

This information is stored on our service for our records. Your information will not be sold to any third parties. We will do everything we can to protect your privacy and your data. However, we may sometimes be required to turn over your information, in the event of legal action, fraud disputes, or tax audits.

If you choose to pay via credit card then your card information may be sent to and stored with our payment processor, SagePay. We may also store the last four digits of your card on our servers.

Acceptable Usage

Book Host provides hosting services for lawful purposes only. As such, our services may not be used for:

  • Hacking.
  • Hosting files or content that infringe on someone else’s copyright. This includes the unauthorized use or distributions of music, movies, books, and images.
  • Pornography, whether that be hosting, distributing, or storing.
  • Sites that are hateful, racist, or offensive.
  • Spamming. This includes sending unauthorized or unsolicited bulk mail, or hosting websites that are advertised via spam.
  • Storing large files that are not directly connected to or displayed on your website. Book Host is not a file storage system and may not be used as such.

We reserve the right to cancel any accounts (with or without notice) that we suspect to be in violation of these terms.

Nose Graze Plugins & Themes License

When hosting with Book Host, you are given a license to use premium Nose Graze plugins and themes. You may use these files for as long as you are using Book Host. You cannot transfer this license to another person.

This license ends if you terminate your Book Host account. You will not be able to use the Nose Graze plugins and themes on another hosting site. To do so, you will need to purchase the files separately from the official site.

Backups

Regular off-site backups are performed in case of an emergency. It is a courtesy service only. Backups are made of the entire server—not individual sites. As such, we cannot be asked to restore individual site posts, pages, or content. We only revert to a backup in the event of server failure.

Clients are advised to perform their own backups by using the built-in WordPress “Export” feature or Tools > Backups.

“Unlimited” Resources

In some cases we may describe resources as being “unlimited”. This means we do not specify a fixed amount (of bandwidth, RAM, CPU, etc.) because we expect the clients to use what we consider a “normal” amount. Most clients fall into this category.

However, if a client uses an excessive amount of resources to the point where it affects the performance of the server, we reserve the right to suspend or cancel their hosting account. We do this in order to prevent one client’s excessive resource consumption from affecting other clients’ site performance. We will provide the client with 7 days advanced notice before their service is terminated.

Book Host reserves the right to use its discretion to determine what is considered “normal” usage.

Service Availability

We do everything we can to provide you with a 24/7 service, but this may not always be possible due to the nature of web hosting. Occasional outages and downtime are unavoidable. We cannot promise a 100% uptime, uninterrupted service. But we make every effort to do our best!

Non-Payment

Nose Graze reserves the right to suspend or cancel any accounts due to non-payment. Clients are given a 7-day grace period, during which they have an opportunity to pay off their invoices. If payment is not received after this 7-day period, there may be a late fee of 15% of the invoice total to reactivate the service on top of the invoice cost. For example, if your invoice is for $19.99, a late fee of $2.99 may be added, making for a total bill of $22.98 to reactivate your service.

If invoices are 30 days past due, the account may be terminated and all associated data/services deleted permanently. We will not make backups of this data and Nose Graze is not responsible for this loss.

Cancellations

Clients have the option of canceling their hosting accounts through the client area. You are responsible for all payments, unless you cancel your account through the designated area. Requests submitted through other methods (such as via Twitter) will not be seen as official requests.

When submitting a cancellation request, your account and all connecting services/data may be terminated within 24 hours. Your data will be permanently deleted without any backups.

Termination

Nose Graze reserves the right to terminate any account for any reason at our discretion. In the event of a cancellation, a pro rata refund may be provided except under the following circumstances:

  • The client has violated the terms of service.
  • The client has committed fraud or performed illegal actions against any Nose Graze or Nose Graze services.

Service Refusal

We reserve the right to refuse service to any client at our sole discretion.

DMCA Copyright Infringement

Book Host fully complies with the Digital Millennium Copyright Act. We will suspend or terminate accounts where the owner is found to be in violation of copyright.

If you believe your work’s copyright has been infringed upon, please provide us with the following information:

  • A description of your copyrighted work that has been infringed;
  • A description of the material that is infringing on your copyright, and a link to its exact location;
  • Your email address;
  • A statement by you, that says the information in your notice is valid and genuine;

Send these details to support[at]nosegraze[dot]com

Limitation of Liability

Nose Graze shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Nose Graze servers going off-line or being unavailable for any reason whatsoever. Furthermore, Nose Graze shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Nose Graze servers. All damages shall be limited to the immediate termination of service.

Disclaimer

Nose Graze cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Nose Graze are resold. Thus, certain equipment, routing, software and programming used by Nose Graze are not directly owned or written by Nose Graze. Moreover, Nose Graze holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Nose Graze sees fit.

Account Activation

By activating your account with Nose Graze, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail prior to taking any action to provide you with an opportunity to correct the problem.

Last updated: 17 May 2018

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