Terms of Service


PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT WPHS OFFERS.

  • INTRODUCTION

WPHostingSpot LLC, its affiliates and their successors and assigns (collectively referred to as “WPHS”) makes available the VPS and related services described in WPHS’s published service descriptions subject to these Terms of Service (the “TOS”).

For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by WPHS, and, if applicable, include any other legal entity on behalf of which an individual makes such a request.  Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

  • ACCEPTANCE OF TERMS
    • Capacity. You represent and warrant to WPHS that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from WPHS unless your parent or guardian enters into the TOS on your behalf.
    • PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE “I AGREE” BUTTON ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY WPHS, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
    • You represent and warrant to WPHS that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from WPHS.
  • YOU
    • Services. The services that you request from WPHS by means of the online order form on the Site or otherwise in writing and which WPHS agrees to provide subject to these TOS are the “Services”.
    • You’re Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
    • Privacy. You have read WPHS’s Privacy Policy and consent to the use of your personal information as described therein. Click here to view a copy of the Privacy Policy.
    • Communications. WPHS reserves the right to communicate with you regarding the Services and your use of the Site. You consent to WPHS’s use of any contact information that you provide to WPHS in doing so.
    • Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform WPHS immediately.
    • Changing Passwords. WPHS may, at any time, change any username or password assigned by WPHS to you, and WPHS will notify you when it does so.
    • Insurance. Client shall maintain, at its sole cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as Client.
    • Customer represents and warrants that Customer has or has access to the knowledge and expertise necessary to configure, maintain, monitor, and secure the Virtual Server.
  • DESCRIPTION OF SERVICES
    • General.
      1. Description. For each Virtual Private Server “VPS” package and related services that WPHS makes available to its customers, WPHS has prepared and published a specification (each a “Service Description”). The Service Descriptions are available on https://www.wphostingspot.com
      2. Changes to Services. WPHS may modify its services and the corresponding Service Descriptions from time to time. When WPHS changes any Service, WPHS will: (i) post the updated version of the Service Description on the Site together with the date on which it was revised; and (ii) on the home page for the Site for at least 30 days following any change to the Service Description, post a notice that the Service Description have been updated. WPHS may also send any email notice of the change to its affected customers.
    • Virtual Private Servers VPS Services.
      1. Any Service identified as a “VPS” in its Service Description is a Virtual Private Server (VPS) Service
      2. VPS Environment. WPHS shall deliver the VPS service using hardware that are maintained and monitored on a 24/7 basis by each VPS provider. This includes: using commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of the VPS hardware.
      3. Disk Space. WPHS shall provide disk space for clients VPS.
      4. Internet. WPHS shall provide an Internet connection linking your VPS. Some WPHS VPS Packages will provide an Internet connection linking your hosted website(s) to the Internet.
      5. Remote Access. You will be given remote access to upload files for your VPS provided that you do so in a manner consistent with the TOS.  You will be given SSH aswell FTP access to your sites files location.
      6. Back-up. We provide a backup system for your VPS and your sites files and database. WPHS backup system backs up daily and stores your backups on our remote backup server system. As a customer, you cannot retrieve these backups as WPHS fully manages them for you. However, anytime you would like a backup of your data, your more than welcome to submit a support request and we’ll be glad to send you one. IT IS ALWAYS IN YOUR BEST INTEREST TO CONDUCT YOUR OWN BACKUPS even though we do provide them as no additional cost.
      7. Maintenance Window: When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following “Maintenance Windows”: (i) between 12:00 a.m. and 3:00 a.m. (EST); (ii) between 12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between 12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing a Maintenance Window to use, WPHS takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to WPHS by the customers) and what would be the early hours of the morning for most of them.
      8. Availability: A VPS Service is “Available” if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the VPS Service is operational.
      9. Measure: WPHS will use reasonable efforts to ensure that the VPS Services will be Available other than for “Scheduled Maintenance” at least 99.99% of the time, measured monthly. Any maintenance or other work performed on WPHS’s technology infrastructure that takes place during the Maintenance Window or with at least 48 hours’ prior notice posted to the Site is “Scheduled Maintenance”.
      10. Cooperation: You acknowledge that it is important to coordinate your maintenance activities with those of WPHS, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that WPHS will not be performing any maintenance activities during that Maintenance Window.
      11. Software Alterations: Under no circumstance, client must not alter, delete or modify our software stack to include but not limited to; nginx, mariadb, redis server, memecached, opcache, the operating system or any other software that WPHS installed on your VPS.
    • Support.
      1. FAQs. WPHS maintains a list of frequently asked questions relating to the VPS Services on its website located at www.wphostingspot.com.
      2. Technical Support. WPHS will provide technical support relating to the VPS Services via its help desk. The help desk aims to provide technical support 24/7/365. The help desk can be reached by: (i) telephone; or (ii) email (iii) chat. The email address and the telephone number that you should use are set out on the Support Site.
      3. Verifiable. WPHS will use commercially reasonable efforts to resolve each problem reported to WPHS’s help desk and verifiable as being a problem or deficiency with the VPS Services.
      4. Assistance. When you report a problem to WPHS’s help desk, you will provide: (i) any assistance reasonably necessary to allow WPHS to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
  • CONTENT
    • Intellectual Property. No intellectual property rights are transferred by WPHS to you by these TOS.
    • Monitoring Your Content. Although WPHS is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, WPHS reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that it deems to be in breach of section 6.1.
  • ACCEPTABLE USE
    • Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this section 6. You may not use the Services or WPHS’s technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behavior that may: (i) jeopardize WPHS’s products, services, technology infrastructure or ability to operate; or (ii) expose WPHS to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
      1. possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
        • include child pornography;
        • infringe any person’s copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
        • willfully promote hatred against or defame any identifiable individual, group or other organization;
        • can be used for attacking computer systems and networks and defacing websites (including scripts, executables or other tools);
        • include any form of malware
      2. make threats to a person’s safety or property;
      3. defame other persons;
      4. interfere with the services that WPHS provides to its other customers;
      5. interfere with, disrupt or damage the servers used by WPHS to provide such services, those of WPHS’s suppliers or those of WPHS’s other customers;
      6. impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
      7. willfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone’s technology infrastructure or distributing computer programs designed to assist in doing so;
      8. any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
        • include child pornography;
        • the export of data or software;
        • the protection of human rights;
        • the promotion of hatred;
        • defamation;
        • criminal offences;
        • the protection of intellectual property; or
        • Including the sending of commercial electronic messages without consent from the recipients.
      9. Unacceptable uses of the Services or WPHS’s technology infrastructure may also include but are not limited to: ailing, unsolicited emailings, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of WPHS’s technology infrastructure. WPHS will be the sole and final arbiter as to what constitutes a violation of this policy.
      10. All VPS servers must use the software configurations that WPHS installs. Use of any other software is prohibited. You have no right to modify, change or alter the software configuration on your VPS that is not inline with the VPS package you originally ordered. WPHS will maintain/upgrade and monitor all VPS site software.
    • Disruptive Uses. You may not use the Services or WPHS’s technology infrastructure in any manner that interferes with or disrupts WPHS’s other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and WPHS may exercise its rights under section 6.6 including to suspending Services:
      1. generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by WPHS’s other clients who have purchased similar VPS services;
      2. generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by WPHS’s other clients who have purchased similar VPS services;
      3. on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to your assigned resources or amount of network traffic typically generated by WPHS’s other clients who have purchased similar VPS services;
      4. the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient’s consent
      5. No “Spam”: UCE/UBE or “spam” originating from a server located on our network or associated with a WPHS server is not tolerated. This includes any email that promotes websites hosted on a server located on the WPHS network, but which is sent from an email address not associated with a WPHS account.
    • Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, WPHS scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, WPHS may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from WPHS’s servers, it is a breach of this section 6.3 and WPHS may exercise its rights under these TOS including section 6.6 and section 5.3
    • Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act described in section 6.1, you will promptly report it to the help desk from which you receive technical support.
    • Investigation. WPHS reserves the right to investigate suspected breaches of this section 6, you agree to cooperate with WPHS when asked to assist in any such investigation.
    • Breaches. If you breach this section 6, it is probable (in WPHS’s sole discretion) that you have breached or it is likely that you will breach this section 6 (also in WPHS’s sole discretion), WPHS in its sole discretion may suspend or revoke your access to the Services or WPHS’s technology infrastructure. Breaches of this section 6 may also result in you incurring criminal prosecution or civil liability.
    • Others Breaches. WPHS assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
  • IP ADDRESSES
    • WPHS may assign one or more Internet Protocol addresses (IP) to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by WPHS or its representatives in connection any Services. WPHS or its suppliers may change any such address at any time, but WPHS will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address. Ownership of the IP Address is with WPHS. The right to use that IP address shall belong only to WPHS, and You shall have no right to use that Internet Protocol address except as permitted by WPHS, in its sole discretion in connection with the VPS Services, during the term of this Agreement. WPHS shall maintain and control ownership of all IP numbers and addresses that may be assigned to You, and WPHS reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. WPHS will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
  • PAYMENT
    • Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the “Fees”). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE UPON THE EXPIRATION OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, WPHS will give you at least 30 days prior written notice of any increase to the Fees.
    • Promotions: From time to time, WPHS may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
    • Expenses: Unless expressly set out otherwise in an applicable Service Description, you will reimburse WPHS for all registrar’s fees or other related expenses incurred by WPHS in relation to any third-party service described in section 4.3.
    • Taxes: You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on WPHS’s net income.
    • Payment of Fees: WPHS accepts payment by PayPal and credit card payments through Authorize.net.
    • In Advance: Payment for VPS Services is in advance. When you order a VPS Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a VPS Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A VPS Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
    • Additional Services: Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
    • Automatic Charging: When WPHS is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card or PayPal account that WPHS has on file for you and you authorize WPHS to do this. WPHS will send an invoice for these amounts to the email address that it has on file for you before doing so.
    • Chargebacks: Please note that should any amount that you pay by credit card or PayPal be charged back to WPHS, you will incur an additional Fee of $250.00. The payment will not have been received by the due date, and:
      1. WPHS may restrict, suspend or terminate the affected Services; and
      2. The overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, WPHS shall be entitled to recover its collection costs, including legal fees and expenses.
    • 7 Day Guarantee of VPS Services.
      1. If at any time during the 7 day period beginning on the date that you purchase VPS Services for the first of your websites to be hosted by WPHS you are not satisfied with the VPS Services that you are receiving, you may terminate this Agreement by using the web-based tool that WPHS provides to you to manage your account to terminate the VPS Service. If you do so, you will receive a refund. THE REFUND WILL BE CALCULATED BY SUBTRACTING THE FOLLOWING AMOUNTS FROM ANY FEES PAID BY YOU FOR THE VPS SERVICES PURCHASED IN RELATION TO YOUR FIRST VPS SERVICES TO BE HOSTED BY WPHS:
        • ALL ONE-TIME FEES SET OUT ON THE ONLINE ORDER FORM THAT YOU COMPLETED;
        • ALL FEES RELATED TO THIRD-PARTY SERVICES EITHER IDENTIFIED AS SUCH OR OPTIONALLY ADDED TO YOUR ORDER WHILE IN THE ONLINE ORDER FORM. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES SUCH AS, GOOGLE APPS, AND SSL CERTIFICATES;
        • ONLY FIRST-TIME ACCOUNTS ARE ELIGIBLE FOR A REFUND. IF YOU HAD AN ACCOUNT WITH US BEFORE, CANCELED AND THEN SIGNED UP AGAIN, UNDER YOUR NAME OR ASSUMED NAME, OR IF YOU HAVE OPENED UP A SECOND ACCOUNT WITH WPHS, YOU WILL NOT BE ELIGIBLE FOR A REFUND.
  • TERM
    • Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated in accordance with the terms and conditions set out in the remainder of this section 10 (the “Term”).
  • SUSPENSION AND TERMINATION
    • Suspension: If you breach of these TOS, WPHS may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to WPHS satisfaction that you have taken steps to prevent future breaches of the TOS, WPHS will lift the restriction or suspension. WPHS will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in WPHS’s sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
    • By You: You may terminate any Service at any time by using the web-based tool that WPHS provides to you to manage your account to terminate the Service. PLEASE NOTE: Subject to section 8.10, any amounts paid in advance for Services will not be refunded.
    • By WPHS: WPHS may terminate any Service by giving you at least 30 days written notice of the termination date. WPHS may terminate this Agreement immediately and without prior notice to you:
      1. if you breach section 6 (Acceptable Use);
      2. if you breach section 8 (Payment) and do not cure that breach within 10 days of the breach; or
      3. if you breach any other section of these TOS and do not cure that breach within 15 days.
    • Survival: Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, including but not limited to 3.4, 4.2(g), 4.2(l), 4.3(b), 4.3(c), 5, 7, 8, 10.4, 11, 12, 13, 14, 16 and 17 will remain in full force and effect following the expiration or termination of this Agreement.
    • Renewals: Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give WPHS written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at WPHS’s then current rates for such Services.
  • WARRANTIES AND DISCLAIMERS
    • THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE VPS SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, WPHS EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE VPS SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE VPS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
  • LIMITATIONS OF LIABILITY
    • Limit. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF WPHS (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO CLIENT FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY CLIENT DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH CLIENT MAKES ITS FIRST CLAIM FOR DAMAGES.
    • Indirect Damages. WPHS (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO CLIENT OR ITS END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE VPS SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER WPHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, WPHS’s total liability to you in connection with any incidental, special or consequential damages will be limited by section 12.1.
    • Allocation of Risk. Client and WPHS understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to WPHS reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
  • INDEMNIFICATION
    • You agree to indemnify and hold WPHS and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any willful misconduct on your part.
  • AGREEMENT
    • Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
    • Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    • Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
    • Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation”.
  • ASSIGNMENT
    • TOS. You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of WPHS. Any other attempted transfer or assignment of rights hereunder shall be null and void.
    • WPHS. WPHS may assign its rights and obligations hereunder without your prior consent.
  • NOTICE
    • Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to WPHS when acquiring your first Service (as updated by you in accordance with section 3.2) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to WPHS pursuant to the TOS will be in writing and sent to WPHS at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by WPHS to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
  • OTHER
    • Governing Law. This Agreement will be governed by the laws of Wyoming applicable therein, without reference to the conflict of law’s provisions.
    • Independent Contractors. The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
    • Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
  • AMENDMENT
    • WPHS may change the TOS from time to time and at any time. When WPHS changes the TOS, WPHS will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.
    • As well, WPHS may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If WPHS does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from WPHS and instruct WPHS to disable any password for the Site assigned to you.
    • WPHS reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.