1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Megahost LLC (“Megahost LLC”, “WekiHost”, “we”, “us”, or “our”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.

WekiHost is a web hosting and domain-related service operated by Megahost LLC through wekihost.com.

This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to particular Services. Whether you are simply browsing the Site, creating an account, or purchasing Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with any applicable product-specific agreements or policies incorporated herein by reference.

The terms “we”, “us”, “our”, “WekiHost”, or “Megahost LLC” shall refer to Megahost LLC. The terms “you”, “your”, “User”, or “customer” shall refer to any individual or entity who accepts this Agreement, has access to an account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole discretion, change or modify this Agreement and any policies or agreements incorporated herein at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.

In addition, we may occasionally notify you of changes or modifications to this Agreement by email. It is your responsibility to keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) not a person barred from purchasing or receiving the Services.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User”, or “customer” shall refer to such corporate entity.

If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity.

If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent, and anyone who uses your account or the Services, whether or not authorized by you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some features of this Site or use some of the Services, you may be required to create an account. You represent and warrant that all information you submit when creating your account is accurate, current, and complete, and that you will keep your account information accurate, current, and complete.

If we have reason to believe that your account information is untrue, inaccurate, out of date, or incomplete, we reserve the right, in our sole discretion, to suspend or terminate your account. You are solely responsible for all activity that occurs under your account, whether authorized by you or not, and you must keep your account information secure, including your login credentials and payment methods.

For security purposes, we recommend that you change your password regularly. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any loss you incur due to unauthorized use of your account. You may, however, be liable for any loss we or others incur caused by your account.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers or service providers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Account Management Access (Account Sharing). The Services may allow you to grant access to your account to another customer or authorized user, depending on the permissions you grant. You may revoke any person’s ability to access your account at any time.

By authorizing any person to access your account, you acknowledge and agree that (i) you have an established and trusted business or personal relationship with such person, (ii) you voluntarily authorize such person to access and make changes to your account, and (iii) depending on the permissions granted, such person may be able to view personal information you have provided in your account, including billing information (but excluding full payment method information).

You assume full legal and financial responsibility for your decision to grant access to your account to any person and for any actions such person may take or fail to take with respect to your account. Please note that we are not involved in the actual agreement between a customer granting access and a person requesting or receiving such access.

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hour a day, seven (7) day a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason, including but not limited to equipment malfunctions, periodic maintenance, repairs, replacements, or causes beyond our reasonable control.

You acknowledge and agree that we have no control over the availability of this Site or the Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, we may offer new Services, limited preview services, or new features to existing Services in a pre-release version (“Trial Services”). If you elect to use any Trial Services, then your use of the Trial Services is subject to the following conditions: (i) the Trial Services may not work properly; (ii) your use of the Trial Services may expose you to unusual risks of operational failures; (iii) the Trial Services are provided “AS IS”; (iv) we reserve the right to modify, change, or discontinue any aspect of the Trial Services at any time; and (v) commercially released versions of Trial Services may change substantially from pre-release versions.

You acknowledge and agree that the Services may be provided by independent contractors or third-party service providers. Unless otherwise stated in a product-specific policy, paid support services are non-refundable.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

3. You will not use this Site or the Services in a manner that:

4. You will not copy or distribute any part of this Site or the Services except where expressly authorized by us.

5. You will not modify or alter any part of this Site or the Services or any related technologies.

6. You will not access WekiHost content or User Content through any technology or means other than through this Site itself or as we may designate.

7. You agree to back up all of your User Content so that you can access and use it when needed. We do not warrant that we back up any account or User Content, and you accept as a risk the loss of any and all of your User Content.

8. You will not re-sell or provide the Services for a commercial purpose without our express prior written consent, unless your purchased plan expressly allows resale.

9. You agree to provide government-issued photo identification and/or business identification when reasonably required for identity verification.

10. You understand that we may contact you regarding your account and, where permitted by law, may record support calls for quality, training, or compliance purposes.

We reserve the right to modify, change, or discontinue any aspect of this Site or the Services, including prices and fees, at any time.

6. YOUR USE OF WEKIHOST CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of WekiHost Content and User Content posted to corporate websites directly controlled or maintained by us. These provisions are not intended to transfer any ownership or licensed rights you may have in content posted to your own hosted websites.

WekiHost Content. Except for User Content and User Intellectual Property, the content on this Site and the Services, including text, software, scripts, source code, APIs, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, logos, designs, templates, themes, widgets, literary works, applications, media, interfaces, derivatives, methods, products, algorithms, data, advertising tools, and all copyrightable materials (“WekiHost Content”), is owned by or licensed to Megahost LLC and is subject to copyright, trademark, and/or other intellectual property protection.

WekiHost Content is provided to you “as is”, “as available”, and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited without our express prior written consent.

No right or license under any copyright, trademark, patent, or other proprietary right is granted by this Agreement except as expressly stated herein. We reserve all rights not expressly granted in and to the WekiHost Content, this Site, and the Services.

User Content. Some features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).

User Intellectual Property. You retain ownership of your intellectual property rights in User Content and in any other materials created, developed, or connected to the Services by you, subject to the licenses granted in this Agreement.

By posting or publishing User Content or User Intellectual Property to this Site or through the Services, you represent and warrant that (i) you have all necessary rights to distribute such content, and (ii) such content does not violate the rights of any third party. You are solely responsible for all consequences of posting or using your User Content.

Security. You agree not to circumvent, disable, or otherwise interfere with the security-related features of this Site or the Services.

7. WEKIHOST’S USE OF USER CONTENT

The provisions in this Section apply specifically to our use of User Content posted to corporate websites directly controlled or maintained by us. These provisions are not intended to transfer any ownership rights you may have in content posted to your hosted websites.

Generally, you are solely responsible for any and all User Content submitted through your account and for the consequences of distributing it.

With Respect to User Submissions:

1. Your User Submissions are entirely voluntary.

2. Your User Submissions do not establish a confidential relationship or obligate us to treat them as confidential.

3. We have no obligation, express or implied, to develop or use your User Submissions, and no compensation is due for any use of your User Submissions.

4. We may already be working on the same or similar content or may develop similar content independently.

We may use User Submissions for business, operational, product improvement, or commercial purposes without acknowledgment or compensation, unless otherwise required by law.

With Respect to User Content (Other Than User Submissions):

If you have a website or other content hosted by us, you retain all ownership or licensed rights in your User Content.

By posting or publishing User Content to this Site or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content solely as necessary to operate, provide, maintain, improve, and promote the Site and the Services.

The above license terminates within a commercially reasonable time after you remove or delete your User Content from the Site or Services, except to the extent that we are required to retain backup copies, comply with legal obligations, resolve disputes, or enforce our agreements.

We will not use User Content designated by you as private or password-protected for public promotional purposes.

8. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

We generally do not pre-screen User Content. However, we reserve the right (but undertake no duty) to do so and to decide whether any item of User Content is appropriate and/or complies with this Agreement.

We may remove any item of User Content and/or terminate a User’s access to this Site or the Services for posting or publishing material in violation of this Agreement, or for otherwise violating this Agreement, at any time and without prior notice.

We may also terminate access if we have reason to believe a User is a repeat offender or poses a security, fraud, legal, or abuse risk. If we terminate your access, we may remove and destroy data and files stored by you on our servers, subject to applicable law and our data retention obligations.

9. ADDITIONAL RESERVATION OF RIGHTS

We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to any account or Services (including the right to cancel or transfer any domain name registration) for any reason, including but not limited to: (i) correcting mistakes made in offering or delivering any Services; (ii) protecting the integrity and stability of any domain registry or service provider; (iii) assisting with fraud and abuse detection and prevention; (iv) complying with court orders and applicable laws; (v) complying with law enforcement requests; (vi) complying with dispute resolution processes; (vii) defending legal claims or threatened legal claims; or (viii) avoiding civil or criminal liability.

We also reserve the right to terminate, without notice, Services where you are harassing or threatening our employees, agents, contractors, or systems.

Where reasonably necessary to assist you through customer support channels, we may access, edit, or otherwise modify your account or Services. We shall not be liable for loss or damage resulting from such support actions, except as required by law.

10. NO SPAM

We do not tolerate the transmission of spam. We monitor traffic to and from our systems for indications of spamming. Customers suspected of using our Services for spam may be investigated, and if we determine there is a problem, we may take appropriate action to resolve the situation.

Spam includes Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), unsolicited messages, or similar communications sent without confirmed consent. This may include email messages, newsgroup postings, pop-up messages, instant messages, chat room advertisements, forum postings, fax solicitations, or SMS/text messages.

Commercial advertising and/or bulk messages may only be sent to recipients who have opted in to receive them and must include a legitimate return address, sender identification, and an opt-out method where required by law.

If we determine the Services are being used in association with spam, we may redirect, suspend, or cancel hosting, domain, email, or other applicable Services until the issue is resolved. Repeated abuse may result in permanent termination.

Suspected abuse can be reported by email to abuse@wekihost.com.

11. TRADEMARK AND/OR COPYRIGHT CLAIMS

We support the protection of intellectual property. If you would like to submit a trademark or copyright claim regarding content hosted on or made available through our Services, please contact us with sufficient detail for review.

12. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services may contain links to third-party websites that are not owned or controlled by us. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites.

By using this Site or the Services, you expressly release us from any and all liability arising from your use of any third-party website. We encourage you to review the terms and policies of any third-party website you visit.

13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

You specifically acknowledge and agree that your use of this Site and the Services found at this Site shall be at your own risk and that this Site and the Services are provided “as is”, “as available”, and “with all faults”, to the fullest extent permitted by law.

Megahost LLC, its officers, directors, employees, agents, contractors, and third-party service providers disclaim all warranties, whether statutory, express, or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

We make no representations or warranties about (i) the accuracy, completeness, or content of this Site, (ii) the accuracy, completeness, or content of any sites linked to this Site, or (iii) the Services found at this Site or any linked sites.

No oral or written information or advice provided by us, our team, or any third-party service provider shall create a warranty of any kind unless expressly stated in writing.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Megahost LLC, its officers, directors, employees, agents, contractors, or third-party service providers be liable to you or any other person or entity for any indirect, incidental, special, punitive, or consequential damages, including damages resulting from loss of profits, loss of data, business interruption, or service interruptions, arising out of or related to your use of this Site or the Services.

In jurisdictions where limitations of liability are allowed, our total aggregate liability shall not exceed the total amount paid by you to us for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability.

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law.

15. INDEMNITY

You agree to protect, defend, indemnify, and hold harmless Megahost LLC and its officers, directors, employees, agents, contractors, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages, including reasonable attorneys’ fees, arising out of or related to (i) your use of and access to this Site or the Services, (ii) your violation of this Agreement or any incorporated policy, or (iii) your violation of any third-party right.

16. DISCONTINUED SERVICES; END OF LIFE POLICY

We reserve the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. From time to time, a Service may be discontinued or reach its end of life (“EOL”).

Notice and Migration. If reasonably possible, we will attempt to notify you in advance if a Service is being discontinued or reaching EOL. It is your responsibility to take all necessary steps to replace or migrate from the affected Service before the EOL date.

We may, in our discretion, offer a comparable Service, a prorated credit, or a prorated refund, where appropriate and where required by applicable law or product-specific commitments.

No Liability. We will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services, except as required by law.

17. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns.

18. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

19. COMPLIANCE WITH LOCAL LAWS

We make no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction. Users who choose to access this Site or the Services do so on their own initiative and are responsible for compliance with all applicable local laws, rules, and regulations.

20. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience only and shall not be used to construe or interpret the agreement of the parties. Each covenant and agreement in this Agreement shall be construed as a separate and independent covenant or agreement.

If any provision of this Agreement is held to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

21. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us using the details below:

Megahost LLC

[[INSERT MEGAHOST LLC LEGAL ADDRESS]]

compliance@wekihost.com

support@wekihost.com