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Welcome to the Happy Camper website (“Site”). Please read the following Happy Camper Web Hosting (“us”, “our”, “we” or “Happy Camper”) terms and conditions (the “Terms”) entered into by the party viewing these terms of use (“Customer”, “user”, “your” or “you”) and applies to the purchase of all services ordered by Customer through the Site (collectively, the “Services”). By accessing the Site, you agree to be bound by these Terms. We recommend that you keep a printed copy of these Terms for future reference.
These Terms and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made, by emailing notice of such changes to the email address on file through your registration (if applicable), and by changing the “Last Updated” date at the top of this webpage. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to these Terms. Any access or use of the Site by you after revisions or additions to these Terms shall constitute and be deemed to be your acceptance of such revisions or additions. Additionally, please read our Privacy Policy and AUP, which also govern your use of this Site.
IN ADDITION, WHEN USING PARTICULAR SERVICES OR FEATURES, YOU SHALL BE SUBJECT TO ANY POSTED GUIDELINES OR POLICIES APPLICABLE TO SUCH SERVICES, FEATURES OR PURCHASES THAT MAY BE POSTED FROM TIME TO TIME. THE PRIVACY POLICY, ACCEPTABLE USAGE POLICY AND ALL SUCH GUIDELINES, WAIVERS OR POLICIES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE.
A SPECIAL NOTE ABOUT CHILDREN: The Services are not designed or intended for use by children under 18. If you are under 18, you should use the Site only with the involvement of a parent or guardian. Children under 18 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 18, we will take appropriate steps to delete it immediately.
An in-depth description of the Services together with the benefits and functionality are available on our Site. Happy Camper will provide the Services with reasonable care and skill in accordance with the description set out on the Site. Happy Camper reserves the right to vary or withdraw any of the Services described on the Site without notice. Happy Camper expects you to confirm that the Services you are purchasing will meet your needs. You acknowledge and agree that the success of the Services and the provision of Services are fully dependent upon your specific use and participation.
If Happy Camper assigns Customer an Internet Protocol (“IP”) address for Customer’s use, the right to use that IP address shall belong only to Happy Camper, and Customer shall have no right to use that IP address except as permitted by Happy Camper in its sole and absolute discretion in connection with the Services, during the term of these Terms. Happy Camper shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Happy Camper, and Happy Camper reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Customer expressly grants to Happy Camper a license to cache the entirety of the Customer Content and Customer’s web site, including content supplied by third parties, hosted by Happy Camper under these Terms, and agrees that such caching is not an infringement of any of Customer’s intellectual property rights or any third party’s intellectual property rights.
Happy Camper agrees to provide resources necessary to run actively scripted websites on our stated software stack, providing CPU time, bandwidth, and disk space that fits the profile of the average website running our systems.
CPU, RAM, and Disk I/O – Happy Camper’s shared systems allow for significant bursts in activity, but resources must be shared among all clients.
Computationally intensive or long-running scripts are not permitted; generally speaking, scripts should complete execution in 1–2 seconds at most. Database queries must also complete quickly, and databases should not be larger than is appropriate in a shared environment. No script or database query should perform excessive disk reads/writes or maintain I/O patterns that cause performance issues for other sites.
Customer should promptly act on any notice received from Happy Camper regarding resource usage. Any notice received should not be considered indicative that Happy Camper will manage any site’s traffic, code, or databases — the Customer must take responsibility for optimizing their sites and databases for the traffic they receive before they affect other users.
Happy Camper utilizes several methods, automated and with human intervention, to monitor and control resource usage, and reserves the right to limit access to those resources at any time, up to and including suspending any site whose resource utilization exceeds normal levels, regardless of whether or not it is impacting performance at that time and regardless of package levels purchased.
Happy Camper encourages all customers to periodically perform their own backups. Upon cancellation or suspension of any ordered Services for nonpayment, all data is purged from our server.
We provide a 30-day money-back guarantee solely on our web hosting services. However, there are NO REFUNDS OR EXCHANGES on any fees paid for domain registration or domain transfers.
Any refunds issued under this policy are limited to one per customer (i.e., multiple services or multiple signups do not qualify).
Refunds exclude all setup fees. A written refund request must be submitted separate from the cancellation request within 31 days of cancellation. Refunds are sent within 31 days of receiving the refund request. Refunds are not granted to accounts closed for violations of the Terms of Use, Privacy Policy, this Agreement, or the AUP. Only first-time accounts are eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
This refund policy only applies to subscriptions greater than one month (i.e., annual or greater). This is to curb malicious users from signing up for a monthly plan only to cancel shortly thereafter.
All services, data, text, images, logos, photographs, advertisements, graphics, press releases, audio, video, documents, trademarks, copyrights, and other information and content available on or through the Site (“Content”) is the property of Happy Camper or its licensors.
Unless otherwise noted, all materials, including products, images, illustrations, designs, icons, photographs, sounds, video clips, written materials, and other materials that appear as part of this Site are copyrights, trademarks, trade dress, and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Happy Camper. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interest in and to which are owned by Happy Camper, and you acknowledge and agree that we retain all right, title, and interest in and to the Content.
Except as expressly authorized by these Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the aforementioned copyright or trademark materials in any form or by any means, without the prior written authorization of Happy Camper or the respective copyright/trademark owner. Unless otherwise noted on the Site or through the Services, Happy Camper authorizes you only to view (not download, except that you may print out a copy of the Content solely for your personal use) these copyright and trademark materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original versions of said materials. Modification or use of the Content except as expressly provided in these Terms violates Happy Camper’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
You agree that you will not: (1) use the Content in any way that tends to impair their validity as proprietary trademarks, service marks, trade names, or trade dress, or use the Content other than in accordance with the terms, conditions, and restrictions herein; (2) take any other action that would jeopardize or impair Happy Camper’s rights as owner of the Content or the legality and/or enforceability of the Content, including challenging or opposing Happy Camper’s ownership in the Content; (3) apply for trademark registration or renewal of trademark registration of any of the Content, any derivative of the Content, any combination of the Content and any other name, or any trademark, service mark, trade name, symbol, or word which is similar to the Content; or (4) use the Content on or in connection with any product, service, or activity that is in violation of any law, statute, government regulation, or standard.
Happy Camper takes no responsibility and assumes no liability for anything sent to us through the Site, or for any loss or damage resulting therefrom, nor is Happy Camper liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter when using the Site. Your use of the Site is at your own risk.
License to Customer. Happy Camper hereby grants to Customer a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of these Terms, to use Happy Camper technology, products, and services solely for the purpose of accessing and using the Services. Customer may not use Happy Camper’s technology for any purpose other than accessing and using the Services. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any of Happy Camper’s technology.
License to Happy Camper. Customer hereby grants to Happy Camper a non-exclusive, royalty-free, worldwide right and license to do the following to the extent necessary in the performance of Services: (a) digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform, and hyperlink the Customer Content; and (b) make archival or back-up copies of the Customer Content and the Customer Site. Except for the rights expressly granted above, Happy Camper is not acquiring any right, title, or interest in or to the Customer Content, all of which shall remain solely with Customer.
Happy Camper, in its sole discretion, reserves the right to (i) deny, cancel, suspend, transfer, alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software, related abusive activity, Customer Content, and/or websites), and/or (ii) comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Happy Camper shall not be liable to Customer for any loss or damages that may result from such conduct.
Happy Camper as Reseller or Licensor. Happy Camper is acting only as a reseller or licensor of the hardware, software, and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party (“Non-Happy Camper Product”). Happy Camper shall not be responsible for any changes in the Services that cause the Non-Happy Camper Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Happy Camper Product either sold, licensed, or provided by Happy Camper to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Happy Camper’s obligations under these Terms.
Happy Camper supports the protection of intellectual property and has established the following policies regarding copyright infringement claims.
Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. See http://www.icann.org/udrp/udrp.htm. The UDRP covers domain name disputes; this Policy specifically excludes domain name disputes.
If you believe that material located on a site hosted by Happy Camper or linked to by a site hosted by Happy Camper violates your copyright, you are encouraged to notify Happy Camper in accordance with our DMCA Notice process. Happy Camper will respond to all such notices. The response by Happy Camper may include removing the infringing material or disabling all links to the infringing material if appropriate and required. Happy Camper will terminate a customer’s access to and use of the site if the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of Happy Camper or others. In the case of such termination, Happy Camper will have no obligation to provide a refund of any amounts previously paid to Happy Camper.
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on Happy Camper’s Site should be sent ONLY to our Designated Agent at:
abuse@happycamperwebhosting.com
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
A valid DMCA notification must include ALL of the following:
To be effective, a Counter Notification must be a written communication sent to our Designated Agent and must include: (a) a physical or electronic signature of the claimed infringer; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement, under penalty of perjury, that the claimed infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) the claimed infringer’s name, address, and telephone number, and a statement that the claimed infringer consents to the jurisdiction of Federal District Court for the judicial district in which the claimed infringer’s address is located (or any judicial district in which we may be found, if outside the U.S.).
Upon receipt of a valid Counter Notification, Happy Camper will: promptly provide the Complaining Party with a copy of the Counter Notification; inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt; and replace the removed material or cease disabling access to it in not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notice, provided our Designated Agent has not received notice that an action has been filed seeking a court order to restrain the claimed infringer from engaging in infringing activity.
It is Happy Camper’s policy to provide for the termination, in appropriate circumstances, of Happy Camper customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.
In accordance with the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (TAKE IT DOWN Act, Pub. L. 119-12, codified at 47 U.S.C. §§ 223, 223a), Happy Camper has established the following process for reporting and removing nonconsensual intimate visual depictions (“NCIVD”), including AI-generated or digitally manipulated intimate images (“deepfakes”), that appear on websites hosted by Happy Camper.
The TAKE IT DOWN Act prohibits the knowing publication, using an interactive computer service, of (a) authentic intimate visual depictions of an identifiable individual obtained or created under circumstances where that individual had a reasonable expectation of privacy and not voluntarily exposed in a public or commercial setting; and (b) digital forgeries (AI-generated or digitally manipulated intimate images) of an identifiable individual, in either case where such publication causes or is likely to cause harm, including psychological, financial, or reputational harm, to the identifiable individual. These protections apply to both adults and minors.
If you are an identifiable individual (or an authorized person acting on behalf of such individual) and believe that a nonconsensual intimate visual depiction of you appears on a website hosted by Happy Camper, you may submit a removal request by email to:
abuse@happycamperwebhosting.com
Subject line: TAKE IT DOWN Act Removal Request
To be considered a valid removal request, your submission must include ALL of the following:
Happy Camper will act as soon as possible, but no later than 48 hours after receiving a valid removal request, to: (a) remove the nonconsensual intimate visual depiction; and (b) make reasonable efforts to identify and remove any known identical copies of such depiction from servers under Happy Camper’s control.
Happy Camper shall not be liable for any claim based on its good faith disabling of access to, or removal of, material claimed to be a nonconsensual intimate visual depiction based on facts or circumstances from which the unlawful publishing of an intimate visual depiction is apparent, regardless of whether the intimate visual depiction is ultimately determined to be unlawful.
CAUTION: PURSUANT TO APPLICABLE LAW, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS A NONCONSENSUAL INTIMATE VISUAL DEPICTION, OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION, MAY BE SUBJECT TO LIABILITY.
Upon removing content pursuant to a valid TAKE IT DOWN Act removal request, Happy Camper will take reasonable steps to notify the Customer whose hosted site was the subject of the removal, unless doing so is prohibited by law or would interfere with a law enforcement investigation.
It is Happy Camper’s policy to suspend or terminate, in appropriate circumstances, the accounts of Customers whose hosted sites are repeatedly subject to valid TAKE IT DOWN Act removal requests, or who are found to be knowingly facilitating the distribution of nonconsensual intimate visual depictions. In the case of such termination, Happy Camper will have no obligation to provide a refund of any amounts previously paid.
Customers who operate websites, online services, online applications, or mobile applications that constitute “covered platforms” under the TAKE IT DOWN Act (i.e., platforms that primarily provide a forum for user-generated content or that publish, curate, host, or make available nonconsensual intimate visual depictions in the regular course of business) are solely and independently responsible for establishing and operating their own compliant notice-and-removal process under the TAKE IT DOWN Act, including the obligations to establish a public-facing removal request process, remove reported NCIVD within 48 hours of a valid request, and make reasonable efforts to identify and remove known identical copies. Happy Camper’s infrastructure hosting does not satisfy or substitute for these independent obligations. Failure to comply may result in immediate account suspension.
Customer is solely responsible for the quality, performance, and all other aspects of the Customer Content and the goods or services provided through any website the Customer purchases or hosts through the Services (“Customer Site”).
Customer will cooperate fully with Happy Camper in connection with Happy Camper’s performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer’s performance of its obligations under these Terms will extend the time for Happy Camper’s performance of its obligations that depend on Customer’s performance on a day-for-day basis. Customer will notify Happy Camper of any change in Customer’s mailing address, telephone, electronic mail, or other contact information.
Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Site and any goods or services described therein, as well as any rules, terms, or conditions of use.
Because the Services permit Customer to electronically transmit or upload content directly to the Customer Site, Customer shall be fully responsible for uploading all content to the Customer Site and supplementing, modifying, and updating the Customer Site, including all backups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Site are compatible with the hardware and software used by Happy Camper to provide the Services, as the same may be changed by Happy Camper from time to time.
Customer is solely responsible for making backup copies of the Customer Site and Customer Content.
Customer hereby represents and warrants to Happy Camper, and agrees that while Customer has an active Account:
Customer shall be solely responsible for the development, operation, and maintenance of Customer’s web site, online store, and electronic commerce activities, for all products and services offered by Customer or appearing online, and for all contents and materials appearing online or on Customer’s products. Customer grants Happy Camper the right to reproduce, copy, use, and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
The use of our Services in conjunction with other tools or resources in furtherance of any of the unacceptable uses described herein is also prohibited. In addition to what is contained in our AUP, you agree to strictly abide by the following:
Through the Services or on any Customer Site, you may not:
Any individual who wishes to purchase any of our Services is required to establish an account on the Site (“Account”). Information required for the Account includes your name, email, phone number, address, IP address, and credit card and billing information.
You are responsible for maintaining the confidentiality of the username and password that you designate during the Account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Happy Camper of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Happy Camper will not be liable for any loss or damage arising from your failure to comply with this provision.
You may be able to link from this Site to third-party websites, applications, and services, and third-party websites may link to the Site (“Linked Sites”). Linked Sites are not operated, controlled, or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services, or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval, or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites. If you rely on any Linked Site, you do so at your own risk.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion.
We always strive to provide complete, accurate, up-to-date information on our Site. Unfortunately, despite those efforts, human or technological errors may occur. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing, availability, and function. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Customer will pay to Happy Camper the service fees for the Services as included on our Site, which may change from time to time. The Service Fees do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Happy Camper’s net income). All such taxes will be added to Happy Camper’s invoices as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.
If Happy Camper collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Happy Camper prevails in any action to which the Customer and Happy Camper are parties, Customer will pay all costs of collection, arbitration, and litigation, including all court costs and Happy Camper’s reasonable attorneys’ fees.
In the event that any amount due to Happy Camper remains unpaid seven (7) days after such payment is due, Happy Camper, in its sole discretion, may immediately terminate these Terms, any other agreement you have in place with us, and/or withhold or suspend Services. There may be a minimum $35 charge for all credit card chargebacks.
In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitively repudiate these Terms. Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, acts of God, pandemic, epidemic, disruption of energy supplies or telecommunication networks, external applications, software or communication systems, and/or the temporary down-time of the Site.
CUSTOMER AGREES TO USE ALL SERVICES AND ANY INFORMATION OBTAINED THROUGH OR FROM HAPPY CAMPER, AT CUSTOMER’S OWN RISK. CUSTOMER ACKNOWLEDGES AND AGREES THAT HAPPY CAMPER EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH HAPPY CAMPER’S HOST COMPUTERS, NETWORK AND POINTS OF PRESENCE OR THE INTERNET. THE SERVICES PROVIDED UNDER THESE TERMS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF COMPANY, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. HAPPY CAMPER IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY.
Happy Camper represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Happy Camper generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Services. Customer will be deemed to have accepted such Services unless Customer notifies Happy Camper, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer’s sole and exclusive remedy, and Happy Camper’s sole obligation, for breach of the foregoing warranties shall be for Happy Camper, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, to issue Customer a credit in an amount equal to the current monthly service fees prorated by the number of hours in which the Services have been interrupted.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Happy Camper’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Happy Camper. Happy Camper does not warrant that the services will be uninterrupted, error-free, or completely secure.
THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
You agree to defend, indemnify, and hold Happy Camper, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including but not limited to reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the AUP; (iii) any breach of any representation, warranty, or covenant by you contained in these Terms; or (iv) any acts or omissions of you. This indemnification applies without regard to the negligence of any party, including any indemnified person. The terms of this section shall survive any termination of these Terms.
To the fullest extent permitted by applicable law, Happy Camper reserves the right, without notice and in our sole discretion, to terminate your license to use the Site or Services and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Terms or applicable law; (b) you fraudulently use or misuse the Site; (c) you do not make timely payment for the Services; or (d) we are unable to continue providing the Site to you due to technical or legitimate business reasons. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with the Site or these Terms is to discontinue use of any and all parts of the Site.
Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user(s) who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for you or logging on to a server or account which you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with or interfering with the operation of the Site, our provision of services to any other visitors, our hosting provider, or our network; and forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States of America. We currently allow purchases of the Services and Account registration worldwide, but you are required to maintain compliance with all local laws. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
In the event of any dispute, controversy, or claim between the parties hereto arising out of or relating to these Terms, the parties shall first seek to resolve the dispute in good faith through informal discussion. If a resolution is not achieved through informal resolution or mediation, it will be settled by individual (not class or class-wide) binding arbitration administered by the American Arbitration Association (AAA) in accordance with the then-current Commercial Financial Disputes Arbitration Rules. Arbitration hearings will be held in the County of Los Angeles, California. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including attorneys’ fees and expert witness fees.
CLASS ACTION AND JURY TRIAL WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE ACTION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND HAPPY CAMPER ARE EACH VOLUNTARILY AND IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms, the Privacy Policy, and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Los Angeles County, California for any and all issues arising out of the Terms or any related documents or transactions.
By selecting the “I Accept” button, you are agreeing to sign these Terms electronically. You agree your electronic signature is the legal equivalent of its manual signature on these Terms. By selecting “I Accept” you consent to be legally bound by these Terms’ terms and conditions. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action constitutes your signature, acceptance, and agreement as if actually signed by you in writing.
Customer may not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with these Terms without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, the Privacy Policy, the AUP, and any other policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Site.
We discovered that other web hosting companies provided SOME of the features you need for reliable, fast and safe web hosting but none of them had ALL of those features in one package.
You either have to pay more for those features or they don’t exist at all.
They leave out features like Smart Update which uses Artificial Intelligence to determine if that latest plugin update will break your site!
You have to update plugins/themes/WordPress regularly or you run the risk of getting hacked.
Or they leave out offsite backups. We do nightly backups of everything but you should have your own set of backups saved in a simple easy to access offsite location like DropBox, Google Drive or Microsoft One.
We give you that option.
Or they only have minimal security and you have to get a security plugin. These days you can’t skimp on security that’s why we have Robust Server Level Security.
Server level security is where you don’t need a plugin for security and where you’re not left scouring the internet trying to decide which is the best security plugin? And then how to set it up.
Keeping your site safe, secure and fast shouldn’t be hard.
Imunify360 is a comprehensive security suite including Antivirus, Firewall, WAF, PHP Security Layer, Patch Management, Domain Reputation with easy UI and advanced automation.
Smart Updates helps you keep your production websites up to date without the risk of breaking your website. Smart Updates analyzes the potential consequences of installing updates and advises you whether doing so is safe.
To ensure a WordPress installation is always updated safely without breaking your website, we’ve included Smart Updates with every website, which does the following: