Terms of Service

Terms of Service

Host Whimsy, headquartered in Sacramento, California, offers hosting solutions to a global clientele. We are committed to delivering top-tier services and uphold a duty to safeguard our clients. All clients of Host Whimsy (hostwhimsy.com) are bound by our Acceptable Usage Policy, Privacy Policy, and the following Terms of Service:

Service Provision Acknowledgment

Clients understand that the nature of our service is such that it may be interrupted for reasons beyond the control of Host Whimsy, including but not limited to, technical malfunctions, and external factors. As such, Host Whimsy is not liable for any damages that may arise from service interruptions outside our direct control.

Clients acknowledge that, in the event of negligence, Host Whimsy's liability shall not exceed the amount equivalent to the service charges for the period during which the damages occurred. Host Whimsy will not be liable for any indirect, special, or consequential damages or losses.

Indemnification

You agree to use all Host Whimsy services and facilities at your own risk. Host Whimsy specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Host Whimsy be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Host Whimsy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Whimsy, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed, or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless Host Whimsy against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Host Whimsy's network.

Host Whimsy reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner is subject to removal from Host Whimsy's servers/network. Host Whimsy shall be the sole judge of what violates this policy.

Billing and Payments

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 7-day money-back (refund) guarantee. Each refund request must be submitted using our support ticket system located at hostwhimsy.com/portal. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Host Whimsy will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Host Whimsy retains the right to grant or deny any refund or credit request - not affected by date. For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) and servers are non-refundable. To prevent abuse, only a client's first invoice is eligible for a refund, unless stated otherwise. We accept Visa, Mastercard, American Express, Discover Card, PayPal, Wise, Bank Transfers, Bkash. Clients are encouraged to pay by credit or debit card, as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Uptime Guarantee

Host Whimsy offers each client with a 99.99% uptime guarantee. In the event that a 99.99% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However, credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support. Host Whimsy's network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20 Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.

Liability Limitation

Host Whimsy shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Host Whimsy servers going off-line or being unavailable for any reason whatsoever. Furthermore, Host Whimsy shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Host Whimsy servers. All damages shall be limited to the immediate termination of service.

Late Payments

All services are billed according to the date that they were first activated on. If you do not pay for service renewal within the due date, your service will be suspended. If you do not pay for service renewal within 30 days after the due date, your service will be terminated. Services suspended for late payment can be automatically re-activated and renewed by paying the overdue renewal invoice through the client area.

Disclaimer

Host Whimsy cannot be held liable for system downtime, crashes, or data loss. Host Whimsy has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Host Whimsy are resold. Thus, certain equipment, routing, software, and programming used by Host Whimsy are not directly owned or written by Host Whimsy. Moreover, Host Whimsy holds no responsibility for the use of our clients' accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Host Whimsy sees fit. Host Whimsy is not responsible for any client's files, data or actions. FURTHERMORE, Host Whimsy retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.