Terms of Use

LAST UPDATED: November 6, 2022

Intro

Welcome to Happy Camper website (“Site”). Please read our 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, email you 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: 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.

Services

 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.

  1. Internet Protocol (IP) Address Ownership.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.

  2. 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.

  3. Resource Usage.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 queries 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.

  1. Account Backups.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.

Refund and Cancellation Policy.

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.

  1. Any refunds issued under this policy are limited to one per customer (i.e. multiple services don’t qualify or multiple signups)

  2. Refunds exclude all setup fees.

  3. written refund request must be submitted separate from the cancellation request within 31 days of cancellation.

  4. Refunds are sent within 31 days of receiving the refund request.

  5. Refunds are not granted to accounts closed for violations of the Terms of Use, Privacy Policy, this Agreement or the AUP.

  6. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.

  7. 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 the next day and thus receive 30 days of free service.

Intellectual Property and License

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.

  1. 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.

  2. 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 under the Order:

    1. 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

    2. make archival or back-up copies of the Customer Content and the Customer Site.

    3. 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.

    4. Happy Camper, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or 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 or related abusive activity, Customer Content and/or web site(s)), and/or (ii) to 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.

  1. 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. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Happy Camper Product are limited to those rights extended to Customer by the manufacturer of such Non-Happy Camper Product. Customer is entitled to use any Non-Happy Camper Product supplied by Happy Camper only in connection with Customer’s permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Happy Camper to Customer through any Non-Happy Camper Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Happy Camper Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

DMCA Notice

We supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Domain Name Dispute 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.

Copyright Infringement Claims

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.

Notice And Procedure

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:

abuse@happycamperwebhosting.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner (i.e., merging a scanned handwritten signature into the electronic text or using public-key encryption technology).
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

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).

Counter Notification

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:

  1. It must be a written communication;
  2. It must be sent to the Service Provider’s Designated Agent;
  3. It must include the following:
    1. A physical or electronic signature of the claimed infringer;
    2. 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;
    3. 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 of the material to be removed or disabled;
    4. 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 if the claimed infringer’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the claimed infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification from the claimed infringer containing the information as outlined above, Happy Camper will:

  1. Promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
  3. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain claimed infringer from engaging in infringing activity relating to the material on Service Provider’s network or system.

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.

Repeat Infringers

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.

User Responsibilities

  1.  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”).

  2. 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.

  3. 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.

  4. 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 back-ups. 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. Specifications for the hardware and software used by Happy Camper to provide the Services will be available on Happy Camper’s Site. Customer shall periodically access the Site to determine if Happy Camper has made any changes thereto. Happy Camper shall not be responsible for any damages to the Customer Content, the Customer Site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Site to be compatible with the hardware and software used by Happy Camper to provide the Services.

  5. Customer is solely responsible for making back-up copies of the Customer Site and Customer Content.

 

Customer’s Representations and Warranties

  1. Customer hereby represents and warrants to Happy Camper, and agrees that while Customer has an active Account:
      1. Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Happy Camper to pay any fees, residuals, guild payments or other compensation of any kind to any person or entity;
      2. Customer’s use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any “moral right” or similar right however denominated;
      3. Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Site and will use the Customer Site only for lawful purposes; and
      4. Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
  1. 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, including, without limitation:
    1. the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products,
    2. ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
    3. ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
  1. 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.
  2. 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:
    1. You may not use the Services to commit an unlawful activity; use the Services for activities where use or failure of the Services could lead to physical damage, death, mental harm, or personal injury.
    2. You may not provide any person under the age of 18 with access to the Services.
    3. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
    4. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
    5. Unless authorized by Happy Camper in writing, you may not probe, scan, or test the vulnerability or security of the Services or any Happy Camper system or network.
    6. Reverse engineer any aspect of our Site or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services.
    7. Unless authorized by Happy Camper in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
    8. You may not deny others access to, or reverse engineer, the Services, or assist anyone else to do so, to the extent such restriction is permitted by law.
    9. You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
    10. You may not send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes.
    11. Unless authorized by Happy Camper in writing, you may not resell or lease the any goods purchased through the Services.

Resource Usage

  1. Acceptable Use Policy. Under these Terms, Customer shall comply with Happy Camper’s then current Acceptable Use Policy (“AUP”), as amended, modified or updated from time to time by Happy Camper, which currently can be viewed here, and which is incorporated in these Terms by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between these Terms and the AUP, the terms of the AUP shall govern. Happy Camper does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the “Customer Content”). Customer Content includes content of Customer’s customers and/or users of Customer’s website. Accordingly, under these Terms, you will be responsible for your customers content and activities on your website. Notwithstanding anything to the contrary contained in these Terms, Happy Camper may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of these Terms in the event of notice of possible violation by Customer of the AUP. In the event Happy Camper takes corrective action due to a violation of the AUP, Happy Camper shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Happy Camper shall have no liability to Customer or any of Customer’s customers due to any corrective action that Happy Camper may take (including, without limitation, disconnection of Services).

  2. Resource Restrictions. Through the Services or on any Customer Site, you may not:

    1. Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

    2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

    3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

    4. Run any software that interfaces with an IRC (Internet Relay Chat) network.

    5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

    6. Participate in any file-sharing/peer-to-peer activities

    7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

    8. Run cron entries with intervals of less than fifteen (15) minutes.

    9. Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

Account

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.

Linked Third Party Sites

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.

Optional Tools

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.

Errors and Inaccuracies

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.

Billing and Payment

  1. Customer will pay to Happy Camper the service fees for the Services as included on our Site, which may change from time to time.

  2. 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 for the fees as separate charges to be paid by Customer. All fees are fully earned when due and non-refundable when paid.

  3. 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, without limitation, all court costs and Happy Camper’s reasonable attorneys’ fees.

  4. 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.

  5. There may be a minimum $35 charge for all credit card chargebacks.

  6. Customer acknowledges and agrees that Happy Camper may pre-charge Customer’s fees for the Services to its credit card supplied by Customer during registration.

Accuracy of Billing and Account Information

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.

Force Majeure

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.

Limitation of Liability and Disclaimer

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.

Indemnification

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.

Termination

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.

Security

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:

  1. Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  3. Attempting to interfere or interfering with the operation of the Site, our provision of services to any other visitors to the Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site; and
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Site.

Geographical Use

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.

Arbitration

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.

Limitation of Action

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.

Governing Law and Jurisdiction

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.

Electronic Signature Agreement

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.

Government Regulations.

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.

Miscellaneous

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 constitutes 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, such determination shall not affect the validity and enforceability of any other remaining provisions. 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. You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent. The Terms inure to the benefit of our successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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Features

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.

Love it or hate it?

Anonymous

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Superior Security

Imunify360 is a comprehensive security suite including Antivirus, Firewall, WAF, PHP Security Layer, Patch Management, Domain Reputation with easy UI and advanced automation.

  • Real-time Malware Processing
  • Scheduled/On-Demand Malware Scanning
  • Malware Database Scanner
  • Automated Malware Clean-up
  • Brute-Force Prevention
  • Web-Attack Protection
  • Port-Scanning Protection
  • L7 DoS Protection
  • Outdated/Vulnerable Software Patching
  • Backup Solution Integration
  • Domain Reputation Management
  • SMTP Traffic Management
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Get Going Now!

It’s already setup for you!

  • In addition to WordPress being automatically installed we’ve chosen a few of the #1 plugins to get you started.

  • Elementor – The #1 WordPress website builder. Live drag & Drop Editor, Widgets, Pixel-Perfect Design, templates and website kits.

  • Yoast SEO – The #1 WordPress SEO plugin. Yoast SEO makes sure your site meets the highest technical SEO standards. It also gives you the tools to optimize your content for SEO and overall readability. Installed on every website.

  • Imunify360 – A comprehensive security suite. It utilizes highly tailored and integrated components for proactive real-time website protection and security.
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Smart Updates

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:

  • Clones the installation, and then analyzes the clone and takes screenshots of the website’s pages (including dynamic content and carousels).
  • Updates the clone, analyzes it again, and then takes screenshots of the website’s pages again.
  • Detects issues (PHP issues, HTTP response code errors, changed page titles, and others): not only those the update can cause but also those that existed before the update.
  • With manual updates, Smart Updates shows you “before” and “after” screenshots and then you decide whether it is safe to update or not.
  • With autoupdates, Smart Updates automatically updates the production website unless there is at least one issue caused by the update. Otherwise the update is not performed and you receive an email with the results of analysis and the “before” and “after” screenshots.
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WordPress Toolkit

Improve your productivity with WordPress Toolkit

  • Manage all your WordPress websites from one place, including WordPress installation and removal, cloning that easily creates staging and production environments.
  • Install, activate, update, and remove plugins and themes from one place – to improve your productivity
  • Test your WordPress website updates using our fully automated AI-powered visual regression testing engine, Smart Updates.
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Website Transfers

Migrate Your Existing Site For Free

  • Importing websites and mail accounts has never been so easy and hassle-free.

  • Securely migrate your existing website from WordPress, Joomla!, Drupal, PrestaShop or Magento.

  • The automated process can be used as many times as you like at no cost to you.

  • The import tool automatically detects the location of your website’s content and copies it the fastest way possible.

Have Your Site Professionally Transferred

  • Or let us do the job for you.  We’ll transfer everything within 1-3 days, $45 per site.