By purchasing, evaluating, or utilizing our services, you agree to be bound by the terms of this agreement. These Terms of Service (TOS) are an agreement between Wrightsites.com, acting as an agent of Atlantis Enterprises, LLC (an Ohio limited liability company), and you, the "Client".

Violations of this agreement may constitute immediate removal of your account from our servers. In every case, we will make efforts to notify you of the violation prior to taking further action.

 

 

Topics covered in these Terms of Service include:

• Money-Back Guarantee
• Customer Contact Information
• Use of Electronic Mail System
• Domain Name Registration Policy
• Prohibited Content and Actions
• Data Backups
• Payment Policy
• Cancellation Procedure
• Automatic Renewal
• Refunds
• Server Abuse
• Refusal of Service
• System Performance
• Limitation of Liability
• Changes to This Agreement

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.

Domain name registrations cannot be cancelled and therefore cannot be refunded. Your domain is your own and you may take it with you to another provider if you so choose.

Customer Contact Information

Wrightsites.com must be able to communicate with all clients. This communication will generally be via email, but could at times include telephone, direct mailing, or instant messenger services. Communication by email is commonly used by Wrightsites.com 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 Control Panel system. Billing contact information can be changed by clicking on "Billing Info" within the H-Sphere Control Panel and editing your billing profile. Non-billing communication will be sent using the settings found under the "Contact Info" icon in the H-Sphere Control Panel. We can also change this information for you over the phone at (888) 512-4883.

Use of Electronic Mail System

Wrightsites.com 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 incoming mail is limited by a "Mail Quota" as set for each individual mailbox within the H-Sphere Control Panel. These "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 sending of Unsolicited Bulk E-Mail (UBE), commonly known as "spam", is strictly forbidden by Wrightsites.com.

Wrightsites.com 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 Wrightsites.com for any service. You agree that under no circumstances shall Wrightsites.com 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 Wrightsites.com does not guarantee that 100% of viruses will be found or cleaned.

Clients agree that Wrightsites.com 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 Wrightsites.com will not be liable for the loss of any messages from the quarantine.

Domain Name Registration Policy

Wrightsites.com 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. Clients agree that Wrightsites.com 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 Wrightsites.com may not be held liable for inaccuracies in the WHOIS system indicating that a domain name is available. You further agree that Wrightsites.com cannot guarantee that another party is not simultaneously trying 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 Wrightsites.com from assisting in renewal, but does not guarantee that assistance. You agree that Wrightsites.com 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 Wrightsites.com, a domain name's registration may be transferred to Wrightsites.com. This action will also be triggered by non-payment of registration or renewal fees, non-payment of web hosting fees, abusive activities such as spamming and hacking, or for any other reason that Wrightsites.com may see as necessary. Clients agree to indemnify and hold Wrightsites.com harmless for these actions.

Prohibited Content and Actions

You agree that the following is a non-exclusive list of content and actions prohibited by Wrightsites.com and these TOS.

1. 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. Content prohibited here may include that which is threatening, abusive, hateful, libelous, obscene, defamatory, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.
2. The impersonation of any person or entity.
3. Uploading, posting, or otherwise transmitting any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
4. 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.
5. Uploading, posting, or otherwise transmitting any data that contains software viruses. This includes computer coding designed to harm, destroy, or limit the functionality of any computer hardware, software, or telecommunications equipment.
6. Exporting software in violation of U.S. export laws.
7. Uploading, posting, or otherwise transmitting any content that promotes or provides instructional information about illegal activities such as promoting physical or emotional harm or injury against any person, animal, or entity.
8. Attempting to break through security measures put in place by Wrightsites.com, its parent company, and its vendors.

Data Backups

Wrightsites.com will do everything possible to ensure that client data is kept safe. We maintain a maximum of seven days of backups for Windows-based websites. Linux-based websites are not backed up, but reside on machines running RAID mirrors to prevent data loss in the event of disk failure.  The content of mailboxes is not backed up. Users are responsible for downloading messages from our servers.

While we do make every attempt to ensure that a working backup is available, we do not guarantee this. Clients are strongly urged to take necessary steps to ensure that a current backup of all information is kept outside of our data centers. By the acceptance of these TOS, clients agree that Wrightsites.com shall be held without liability for any losses stemming from lost data.

Payments

• Wrightsites.com agrees to accept the following forms of payment: Visa, MasterCard, Discover, American Express, PayPal, and with the following exceptions will accept checks.
• Personal or business checks are accepted as payment only if they are payable in United States Dollars. Wrightsites.com reserves the right to freeze account setup until the payment has cleared our bank. Under no circumstances will checks be accepted as payment for domain name registrations. Checks returned to us will result in a $25.00 processing fee.
• Payment is expected in a timely manner. Payments not received within 15 days of billing will be considered past due and will be subject to a $1.00 per month late payment fee or a 15% APR late payment fee, whichever is HIGHER.
• If a client's credit card fails to authorize for 3 or more days in a row, Wrightsites.com reserves the right to apply a fee of $0.65 per failed transaction to the client's account. This will cover our costs of failed transactions.
• Accounts falling past due may be suspended by Wrightsites.com. Suspension will involve the inability to upload or download information from the account; mail function will cease; and any requests for web pages will be presented with an error page. Clients agree that Wrightsites.com will not be held liable for revenue lost due to account suspensions.
• Wrightsites.com reserves the right to terminate any account that is 30 days or more past due. Wrightsites.com will not be responsible for any data lost due to non-payment termination. Client also agrees that Wrightsites.com will not be liable for losses caused by downtime due to account termination.
• If payment is not received for a domain name registration, Wrightsites.com reserves the right to take ownership of the domain and may keep the domain name for internal use or sell the domain name to a third party.
• Wrightsites.com reserves the right to publish information regarding accounts terminated due to non-payment issues. This information, if published, will become available for other Internet hosting companies to guard themselves against similar behavior.

Renewals

All accounts are renewed automatically upon the contract due date. At that time, the account balance will be debited from your account. If you pay by credit card, then the amount due will be automatically charged to the active credit card on file for your account. Clients have three days prior to renewal to request a cancellation. If no request for cancellation is received, we will renew your account automatically and you will be billed accordingly. If no payment is received, we will follow the policy on past due accounts found in the Payments section of this agreement.

Account Cancellation Procedure

Clients wishing to cancel their account, must make this request in writing by email, fax, or postal mail no later than 72 hours prior to account renewal. The account renewal date can be viewed from the H-Sphere Control Panel in the Billing Statements section. When requesting cancellation, the following information MUST be included: H-Sphere username, password, a domain name in the account, requested cancellation date, and a daytime phone number for verification of the request. We would also appreciate any information about the reason for cancellation (to help us improve our services). Cancellation of your hosting account is your sole responsibility. There is no cancellation fee for ending your hosting contract.

Refunds

Wrightsites.com agrees to provide a 100% refund for hosting services if requested via the "Money Back" tool in the control panel within the first thirty (30) days of hosting. Clients cancelling their accounts can expect refunds based on the following formula:

• Monthly contracts: No refunds issued
• Quarterly contracts: If contract duration is less than or equal to 50% through, then a refund equivalent to one month of service is 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 contract duration is 50% or more 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 will refunds be issued for domain name registrations, renewals, or transfers. Refunds are not issued for accounts terminated by Wrightsites.com for violations of these Terms of Service.

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 Wrightsites.com shall have up to 60 days from the cancellation date to issue a refund.

Server Abuse

Any attempt to undermine or cause harm to a server or customer on any computer network is strictly prohibited. Violations of this policy may result in immediate account termination.

Refusal of Service

Wrightsites.com reserves the right to refuse, cancel, or suspend service to any account at our sole discretion. Failure to follow any term or condition contained within this agreement will be grounds for immediate account deactivation.

System Performance

Clients agree that they understand that Wrightsites.com 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. Wrightsites.com shall attempt to balance and control load levels on our equipment, but clients acknowledge that Wrightsites.com shall not be held responsible for slowed performance.

Wrightsites.com agrees to guarantee to customers that our systems will be fully functional 99.8% of the time during any given calendar month. Clients agree that downtime due to scheduled maintenance windows shall not count against this uptime guarantee. Scheduled maintenance windows will be announced on the News page, through the H-Sphere notification system, or by email. Clients believing Wrightsites.com to be in violation of this policy should submit evidence by email to the company. Allowable evidence, includes, but is not limited to, network Pings timed not more than five (5) minutes apart. Wrightsites.com shall have sole authority in determining the validity of these requests and may utilize server logs and third party services for such purposes. All Wrightsites.com servers are monitored 24/7/365 by Alertra's global monitoring solution with intervals of five (5) or ten (10) minutes.

Limitation of Liability

Wrightsites.com, Atlantis Enterprises, LLC and/or its 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, purchase, licensing, and activity of any kind in connection with services provided by the Company. In all events, Wrightsites.com and Atlantis Enterprises, LLC and their employees, officers, owners, agents, heirs, executors, members, attorneys, administrators, personal representatives, and assigns liability shall be limited to sums paid to Wrightsites.com by the client for account services during the previous twelve month period.

Changes to These Terms of Service

Wrightsites.com reserves the right to revise or replace this policy at any time without prior notice. Your continued use of Wrightsites.com's services shall constitute your acceptance of any changes or modifications published by Wrightsites.com or Atlantis Enterprises, LLC. If you do not agree to any of 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 Wrightsites.com

Rev. 11/2008