WHEREAS, Pressable WordPress Hosting is an information provider connected to the Internet, Pressable WordPress Hosting offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize Pressable WordPress Hosting’s server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Pressable WordPress Hosting can make no guarantee that any given reader shall be able to access Pressable WordPress Hosting’s server at any given time.

Pressable Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree hereto as follows;

FINANCIAL ARRANGEMENTS

  1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.

  2. Customer agrees that all charges and fees associated with an account are their sole responsibility.

  3. There may be a one time $250.00 fee incurred for migration services performed by Pressable staff, from any existing hosting provider. Customers may also be subject to one time charges for the purchase of transferrable SSL certificates. These fees are non-refundable.

  4. Billing will cease at the end of term during which the service is canceled.

  5. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via control panel access. After the first 15 days, a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded.

  6. Violations of Pressable’s Terms of Service may, at Pressable’s discretion, result in immediate and permanent disablement without refund.

  7. Disputed charges (“chargebacks”) associated with any Pressable account may, at Pressable’s discretion, result in immediate and permanent disablement.

TAXES

  1. Pressable Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Pressable WordPress Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

  1. Customer will provide Pressable WordPress Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Pressable WordPress Hosting. Pressable WordPress Hosting shall make no effort to validate this information for content, correctness or usability.

  2. Use of Pressable WordPress Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.

  3. The following examples are offered:

    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.

    2. Pressable Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service documents.

    3. Pressable Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.

    4. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

    5. Pressable Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to Pressable’s customers, servers, or network.

    6. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Pressable is grounds for termination of all services.

    7. Pressable Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Pressable WordPress Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Pressable WordPress Hosting is at the Customer’s own risk, and Pressable WordPress Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Pressable WordPress Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

    8. Pressable Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Pressable WordPress Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Pressable WordPress Hosting’s Server. Pressable WordPress Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Pressable WordPress Hosting. If the Customer fails to modify the material, as directed by Pressable WordPress Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

    9. All domain names registered through Pressable, that are ‘parked’ or are otherwise not immediately associated with a Pressable hosting plan will be automatically pointed to a “Pressable Customer Website ” web page which informs visitors that the registrant has recently registered their domain name via Pressable.com. The Coming Soon web page may be modified at any time by Pressable without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Pressable.

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

  2. Customer agrees that Pressable may use Customer’s name and logo in client listings.

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Pressable WordPress Hosting.

  2. Pressable Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Pressable WordPress Hosting service.

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Pressable WordPress Hosting will accept termination by electronic mail. Notwithstanding the above, Pressable WordPress Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Pressable WordPress Hosting reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

  1. Customer expressly agrees that use of Pressable WordPress Hosting’s Server is at Customer’s sole risk. Neither Pressable WordPress Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Pressable WordPress Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Pressable WordPress Hosting Server service, unless otherwise expressly stated in this contract.

  2. Under no circumstances, including negligence, shall Pressable WordPress Hosting, its offices, agents or any one else involved in creating, producing or distributing Pressable WordPress Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Pressable WordPress Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Pressable WordPress Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Pressable WordPress Hosting’s Server service.

  3. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

PROMOTIONAL CODES

  1. By using a promotional (“promo”, “coupon”) code you waive the option to indicate who referred you to Pressable.

  2. You may not change/submit a promo code or referrer after you’ve finished signing up.

  3. Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with Pressable.

INDEMNIFICATION

  1. Customer agrees that it shall defend, indemnify, save and hold Pressable WordPress Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Pressable WordPress Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Pressable WordPress Hosting against Liabilities arising out of:

    1. any injury to person or property caused by any products sold or otherwise distributed in connection with Pressable WordPress Hosting’s Server by Customer;

    2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;

    3. copyright infringement by Customer;

    4. any defective product which Customer sold on Pressable WordPress Hosting Server.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of Pressable WordPress Hosting.

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.