Terms Of Service

1. Agreement to Terms
By using Wavy Hosting services (“we”, “our”, “us”), including our website (wavyhosting.com) and client portal (portal.wavyhosting.com), you agree to these Terms of Service. If you do not agree, please do not use our services.

2. Services Provided
We provide web hosting, domain registration, and related services. Specific features and pricing are detailed on our website and may be updated periodically.

3. Account Registration
– You must provide accurate information when creating an account.
– You are responsible for maintaining the confidentiality of your login details.
– You are responsible for all activity that occurs under your account.
– You must be at least 18 years old (or the age of majority in your jurisdiction) to use our services.

4. Payments & Billing
– All services are billed in advance according to the selected plan.
– Payment must be completed via approved payment methods.
– Failure to pay may result in suspension or termination of services.
– Prices may change with notice; existing subscriptions will not be affected until renewal.

5. Auto-Renewal
– Unless you disable auto-renewal in the client portal, services renew automatically at the end of each billing term.
– You are responsible for canceling before the renewal date to avoid future charges.

6. Taxes
Fees are exclusive of taxes. You are responsible for any applicable taxes, duties, or levies.

7. Acceptable Use Policy
You agree not to use our services for:
– Hosting or distributing illegal content.
– Spamming, phishing, or sending unsolicited bulk messages.
– Infringing on intellectual property rights.
– Running cryptocurrency mining, IRC/chat servers, open proxies, or mass mailing software.
– Activities that disrupt, overload, or harm the network or other customers.

Violation of this policy may result in immediate suspension or termination.

8. Domains and SSL Certificates
– Domain registrations and SSL certificates are subject to the terms of the relevant registry or certificate authority.
– Domains registered through us are owned by you if registered in your name.
– We are not responsible if domains expire due to your failure to renew or pay on time.

9. Service Availability
We strive to maintain reliable services but do not guarantee uninterrupted uptime. Scheduled maintenance or unforeseen issues may cause temporary service disruptions.

10. Data & Backups
– We take measures to protect and back up data.
– However, you are responsible for maintaining your own backups of website and account data.

11. Resource Usage & Fair Use
– Accounts must remain within the reasonable resource limits (CPU, bandwidth, storage, processes, inodes) of their selected plan.
– “Unlimited” resources (if offered) are subject to fair use, meaning usage typical of a normal website. Excessive or abusive usage (such as file sharing, video streaming, or storage unrelated to website operation) may result in suspension, limitation, or a requirement to upgrade.

12. Email & Anti-Spam Policy
– Use of email accounts for sending unsolicited bulk email (spam) is strictly prohibited.
– Violations may result in immediate suspension or termination of services.

13. Content Ownership & Responsibility
– You retain ownership of your content.
– You grant us a non-exclusive, worldwide license to host, store, transmit, and display your content as needed to provide the services.
– You are solely responsible for the legality and accuracy of your content.
– We may remove content that violates these Terms or applicable law.

14. Copyright Complaints
We respond to legitimate copyright complaints and may remove or disable access to allegedly infringing content.
To submit a complaint, email us at support@wavyhosting.com with sufficient detail to identify the material and your rights.

15. Security & Maintenance
– You are responsible for maintaining the security of your websites, applications, passwords, and access credentials.
– We may apply emergency patches or temporarily suspend services to protect the network.
– You are responsible for ensuring that any software or scripts you install are properly licensed.

16. Cancellations & Refunds (No Refunds Policy)
– You may cancel services at any time via the client portal.
– Services remain active until the end of the paid billing period.
– All payments are non-refundable. We do not provide partial credits or refunds for unused time.
– Filing a payment dispute or chargeback may result in immediate suspension of your account. If resolved in our favor, services may be reinstated at our discretion and may include an administrative fee.

17. Data Deletion After Termination
Following termination or cancellation, data may be permanently deleted after 14 days and cannot be recovered.

18. Termination of Services by Us
We may suspend or terminate services if you:
– Fail to pay fees when due.
– Violate these Terms of Service.
– Engage in activities harmful to our network or reputation.

Suspended accounts may be permanently deleted if payment is not received within 30 days.

19. Third-Party Services Disclaimer
Some services (such as domain registrations, SSL certificates, software installations, and third-party apps) are provided through third-party vendors. Wavy Hosting is not responsible for failures, downtime, or errors caused by third-party providers.

20. Reseller & Affiliate Use
If you use our services to resell hosting or act as an affiliate, you are responsible for your customers’ compliance with these Terms. Any violation by your customers will be treated as a violation by you.

21. Bandwidth & DDoS Disclaimer
We are not liable for denial-of-service (DDoS) attacks against your site. Excessive bandwidth usage caused by attacks may result in temporary suspension or traffic filtering.

22. Data Location & Transfers
Data may be stored on servers located inside or outside the United States. By using our services, you consent to the storage and transfer of your data to such locations.

23. Law Enforcement Cooperation
We may disclose information to law enforcement or government authorities if required by law, regulation, or legal request, or if we reasonably believe unlawful activity is occurring through our services.

24. Limitation of Liability
Wavy Hosting is not liable for:
– Loss of profits, revenue, or data.
– Service interruptions or downtime.
– Actions of third-party providers integrated with our services.

Our maximum liability is limited to the fees you paid for the affected service during the 12 months prior to the incident.

25. Indemnification
You agree to indemnify and hold harmless Wavy Hosting from any claims, damages, or losses resulting from your use of our services or violation of these Terms.

26. Governing Law
These Terms of Service are governed by the laws of the State of New York, and any disputes shall be resolved in the courts of Suffolk County, New York.

27. Support Scope
We provide customer support via email and support tickets 24/7. Live chat may be introduced as an additional support option when available. Our support covers issues related to hosting services only. We do not provide support for third-party software, website design, or custom development.

28. Modifications to Services
We may modify, discontinue, or sunset certain services, features, or plans at our discretion. Significant changes will be communicated in advance when possible.

29. Force Majeure
We are not liable for delays or failures caused by events beyond our control, including natural disasters, government actions, labor disputes, or internet outages.

30. Severability; Waiver
If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of our right to do so later.

31. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign ours in connection with a merger, acquisition, or sale of assets.

32. Notices
We may provide notices via email, the client portal, or by posting on our website. You are responsible for keeping your contact information current.

33. Entire Agreement
These Terms constitute the entire agreement between you and Wavy Hosting regarding the services and supersede any prior agreements.

34. Changes to Terms
We may update these Terms of Service at any time. The “Last updated” date at the top will show when changes were made. Continued use of our services means you accept the updated terms.

35. Contact Us
support@wavyhosting.com

Wavy Hosting
5141 Nesconset Hwy #1045
Port Jefferson Station, NY 11776
United States