Whiteley Designs, LLC, referred to in this document as (“Whiteley Designs”).
Whiteley Designs does NOT trade, rent or sell your personal information to any other organization or third party. This Policy describes the general principles for the collection and use of information for customers and visitors to this website. I want to ensure that you understand how we will and will not use the information you entrust to me. In order to fully understand your rights I encourage you to read this Policy.
For visitors, I’ve structured our websites so that, in general, you can visit the website without identifying yourself or revealing any personal information.
For prospective and existing customers and partners, once you choose to provide personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Whiteley Designs.
Whiteley Designs has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information. Additionally, I implement two-factor authentication with all financial and hosting partners I work with to add an additional layer of security to your information.
Whiteley Designs does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 (“Minor”) must have a parent or guardian accept the Terms & Guidelines in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our website only with the involvement of a parent or guardian.
Whiteley Designs reserves the right to change this Policy simply by posting such changes on our site. I encourage you to periodically check the site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site. Any major changes to this policy will be stated in an email notification to all clients.
If you have questions or concerns regarding this Policy, you should contact me via the contact page.
This policy represents the Whiteley Designs Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Whiteley Designs customers agree to when they sign-up for any of the Whiteley Designs website hosting services or website maintenance services. Whiteley Designs reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Whiteley Designs agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service or web maintenance services with Whiteley Designs. Whiteley Designs retains the sole discretion to make judgment regarding any violation by any Whiteley Designs customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Whiteley Designs maintaining one or more accounts (each “Account”), you, as the Whiteley Designs customer, agree to the following terms of service.
“We” “Us” or “Provider” or “Whiteley Designs”
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Whiteley Designs is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of Whiteley Designs capability to directly correct. Whiteley Designs clients are diverse and their websites and the function of those websites are diverse and Whiteley Designs cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack. Whiteley Designs will work diligently with their hosting partners in the event of an outage to minimize downtime.
Whiteley Designs MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Whiteley Designs nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Whiteley Designs, even if Whiteley Designs has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL Whiteley Designs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Whiteley Designs SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Whiteley Designs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Whiteley Designs MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Whiteley Designs FOR THE SERVICES DURING THE PRIOR SIX (6) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Whiteley Designs LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold Whiteley Designs and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Whiteley Designs servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Whiteley Designs equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Whiteley Designs gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Pennsylvania without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Pennsylvania, County of Lancaster . The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Whiteley Designs
Whiteley Designs will provide Internet Hosting (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Whiteley Designs members to maintain Internet websites, receive and maintain e-mail accounts and access web space via SFTP to upload files for their websites. Whiteley Designs members will use the provided services in a manner consistent with any and all applicable laws. Whiteley Designs provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Whiteley Designs reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Whiteley Designs can terminate client’s account without notification.
Whiteley Designs provides timely website hosting support to our clients through emails, chat and phone. By accepting your client contract agreement with Whiteley Designs you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise any other customer of Whiteley Designs and any employee or contractor of Whiteley Designs.
Whiteley Designs will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by following the instructions at the bottom of those e-mails.
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Whiteley Designs or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Whiteley Designs or any third party. Customers may not run IRC, bots or clients. Clients may not use Whiteley Designs servers for file storage unrelated to the client’s website, storage Space is for active website file pages only. Whiteley Designs’ shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their add on domains that are not domains owned by the client on record at Whiteley Designs. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Whiteley Designs will be the sole and final arbiter as to what constitutes a violation of this policy. Whiteley Designs does not normally monitor the contents of clients servers, however if suspicion occurs, Whiteley Designs reserves the right to investigate and terminate the clients subscription to the service.
Excessive Resource User Policy
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. Whiteley Designs offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that Whiteley Designs control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using “Excessive amounts of resources” when it consumes 100% of 1 CPU core, and/or 1 GB Memory, 20 concurrent connections and/or 75,000 files also known as “Computing Resources”, and/or “Resources”, and/or “Resource Usage”. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused.Whiteley Designs will make every reasonable effort to notify customer prior to suspension, however, Whiteley Designs may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using “excessive resources” may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. Whiteley Designs will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.
UCE/UBE or “Spam” originating from a server located on our network or associated with a Whiteley Designs server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Whiteley Designs network but is sent from an e-mail address not associated with that Whiteley Designs account. Client shall not use their Whiteley Designs services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Whiteley Designs reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
Whiteley Designs allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or Whiteley Designs reserves the right to terminate that clients’ account and provide them with a prorated refund.
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact Whiteley Designs concerning unethical, false or unlawful activities by you, Whiteley Designs reserve the right to suspend or terminate your service with or without notice.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Whiteley Designs provides the service of daily backups for a period of 30 days. Although we keep daily backups it is the responsibility of the customer to keep up-to-date archives of their backed up data. Whiteley Designs is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
Full payment is required in advance before hosting service is established. Whiteley Designs will bill your credit/debit card on file each month or year on the same day depending on which plan you choose. It is the customers responsibility to keep up to date payment information. If your card is lost/stolen or you simply would like to change credit/debit cards, please log in to your Account Dashboard (My Account) and update your payment method.
You warrant and represent that the information you supply in the Order Form (or other information that Whiteley Designs may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the clients responsibility to ensure that payment is made to Whiteley Designs prior to the renewal date and because of the ability for a customer to change their contact email addresses without notifying Whiteley Designs, the customer is ultimately responsible for remembering their renewal date and to make sure payment is available upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full. In the event your card is declined we will send out reminders to update your billing, but after 7 days your account will be suspended and your site/files will come down. After 30 days of non payment your account will be deleted and all files will be deleted as well.
Discount / Promo Codes
We occasionally promote discount codes through our site or social media so please check those and follow us for up to date codes being offered. We also occasionally work with partners or affiliates to offer special discounts to their visitors. You can enter your discount code during checkout.
Note: Discount or promo codes only provide the discount for the first month of your subscription. After that your monthly rate will be the normal advertised price.
It is the obligation of the Whiteley Designs customer to know when their account comes up for renewal and if their intention is not to renew their account they must cancel their hosting subscription prior to their due date. It is the customer’s responsibility to ensure that Whiteley Designs has a valid email address for which we can send out renewal notices to our clients. If Whiteley Designs does not receive a cancellation request prior to the customer’s renewal we will renew the clients’ account on the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients’ service with Whiteley Designs and does not apply to renewals of service.
In the event your card is declined we will send out reminders to update your billing, but after 7 days your account will be suspended and your site/files will come down and access to your site will be restricted until payment is made. After 30 days of non payment your account will be deleted and all files will be deleted as well.
All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, Whiteley Designs will refund your fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. To cancel your hosting subscription, simply log in and go to your Account Dashboard and click “My Subscriptions”, then click “Cancel”. Note: You must cancel before your renewal date to avoid being charged for the next month. Example: If your billing date is on the 5th, you must cancel no later than the 4th. This includes annual plans. You must cancel before your initial 30 days or there will not be any refunds for annual plans after the initial 30 days, however you can cancel at anytime so that your annual plan will not be renewed. All website files are the responsibility of the customer and must be moved/backed up prior to cancellation. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations.
In addition refunds are not available for additional services such as, but not limited to professional services, maintenance packages, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.
Website files are the responsibility of the Whiteley Designs customer and should a Whiteley Designs customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the website files and any emails from the Whiteley Designs server prior to requesting that Whiteley Designs cancels their account. Once the cancellation request has been submitted to Whiteley Designs a cancellation of the website hosting service may occur anytime after the request is received by Whiteley Designs and when a cancellation request is completed the client’s hosting account with Whiteley Designs and their website files are permanently removed from the Whiteley Designs servers. Therefore again it is the client’s obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
30 Day Money Back Guarantee
Whiteley Designs offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Any questions regarding the 30-day money back guarantee should be forwarded to Whiteley Designs via our contact page or via the Support tab in your Account Dashboard.