A SPECIAL NOTE ABOUT CHILDREN: This Services are not designed or intended for use by children under 18. If you are under 18, you should use the Site only with 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.
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.
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, 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. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. 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; (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. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Happy Camper reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Happy Camper’s sole discretion.
We supports the protection of intellectual property. Therefore, we have 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. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes. Please see http://www.icann.org/udrp/udrp.htm.
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 form. 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.
Note: The following information is provided solely for notifying Happy Camper that your copyrighted material may have been infringed.
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.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following address:
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:
Upon receipt of notification of a claimed infringement, Happy Camper will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, Happy Camper will terminate the alleged infringer’s Internet access.
Happy Camper will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material or terminated Internet access (see Sections 512(c)(1)(C) and (g) of the DMCA).
Upon receipt of notice from Happy Camper that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the claimed infringer may provide a Counter Notification.
To be effective, a Counter Notification must meet ALL of the following requirements:
Upon receipt of a Counter Notification from the claimed infringer containing the information as outlined above, Happy Camper will:
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
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.
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 is 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 should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) 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, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences. You should read the terms and conditions and privacy policies available on such Linked Sites.
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 and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
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, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your payment method charged, and to change or update information at any time without prior notice. If your selected payment method has been charged and we cancel your order, we will issue the credit back to your applicable payment method. Individual bank or other payment processing policies dictate when this amount is credited to your account.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update billing and other information, including your email address and payment processing information, so that we can complete your transactions and contact you as needed.
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 definitely 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. In the case of a force majeure event, you are responsible for filing claims with the proper third-party entities.
The following disclaimers are made on behalf of Happy Camper, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
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. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY COMPANY PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
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, issue Customer a credit in an amount equal to the current monthly service fees pro-rated by the number of hours in which the Services have been interrupted. Happy Camper may provision the Services from any of its data centers and may from time-to-time re-provision the Services from different data centers.
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. Except as expressly provided in this section, company makes no representations or warranties of any kind, express or implied, with respect to the services or any software provided under these Terms, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement of third-party rights, and company hereby expressly disclaims the same. Without limiting the foregoing, any third-party software provided to customer hereunder is provided “as is” without any condition or warranty whatsoever. Happy Camper does not warrant that the services will be uninterrupted, error-free or completely secure.
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 attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to 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. The terms of this section shall survive any termination of these Terms. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
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 (i) the Site, (ii) any term of these Terms, the AUP, the Anti-Spam Policy or any other contract you have with Happy Camper, (iii) any policy or practice of Happy Camper in operating the Site, or (iv) any content or information transmitted through the Site, 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, the following:
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. Furthermore, we make no claims that the Site is accessible or appropriate outside of the United States. 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. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
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, including any expedited procedures. A demand that a claim be submitted to arbitration may be made before the initiation of any legal proceeding or within ninety (90) days following the service of a complaint, third party complaint, cross-claim or counterclaim and if a party in a pending legal proceeding demands a claim to be submitted to arbitration, the party initiating the action will immediately dismiss the legal proceeding and file the claim in arbitration. Arbitration hearings will be held in the County of Los Angeles California. A single arbitrator will be appointed by the AAA and shall be a practicing attorney or retired judge having experience with and knowledge of payroll and online commerce law. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including attorneys’ fees and expert witness fees. A judgment on the award may be entered by any court having jurisdiction. The parties agree and acknowledge that these Terms evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
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 (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. 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. Further, if the parties’ dispute is resolved through arbitration, neither AAA nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from these Terms and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.
No action, regardless of form, arising by reason of or in connection with these Terms may be brought by either party more than two (2) years after the cause of action has arisen.
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, or to otherwise provide Happy Camper instructions electronically, or making any acceptance of any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (herein after referred to as “E-Signature”), acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting these Terms between Happy Camper and yourself.
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.
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: