Acceptance of Terms
Last updated 7/05/2017. The services Work Hard PGH, LLC provides to its members or users of its facilities (“You” or “Your”) are subject to the following Terms and Conditions (T&C). Work Hard PGH, LLC reserves the right to update the T&C at any time without notice to You.
There are two types of users of Work Hard Pittsburgh’s facilities.
Cooperative Member – Work Hard Pittsburgh, LLC is cooperatively owned. Cooperative Members earn units over time through their participation, service, and cash contribution. Membership in the Work Hard Pittsburgh Co-op is governed by our Operating Agreement. Generally, co-op members have access to value adding services in addition to access to facilities.
Co-worker – A co-worker of Work Hard Pittsburgh has full access to facilities and site resources. co-workers DO NOT earn units of Work Hard Pittsburgh, LLC.
Both types of membership provide 24/7 access to common areas located inside of facilities. Extended access is for work use only.
Dedicated space for your organization can be purchased for a recurring fee of $45/month. Dedicated space provides members with 10’ x 10’ area to be configured permanently for exclusive use.
Extra keys for your staff to our facilities can also be purchased for a recurring fee of $10/month each.
Here’s a handy table to help you understand the difference.
|24/7 Access to facilities
|Access to equipment
|Allowed to purchase dedicated space
|Access to co-op controlled capital funds
|Priority access to freelance jobs
|Access to member-to-member service exchange
|Allowed to sit on policy shaping committees
|Participation in profit distributions if and when they occur at the discretion of the Management
Please see our Operating Agreement for a thorough description of the rules and process that govern the rights listed above.
Your membership or facilities use does not create tenancy, but rather provides You with a prepaid usage license to access the provided amenities on a monthly or casual basis.
Description of Services
Work Hard PGH, LLC may provide You with access to office space, industrial space, warehouse space, workstations, internet services, office equipment, conference space, greenscreens, podcasting studios, and other services (collectively, “Services”) for work use only. The Services at all times are subject to the T&C.
Fees and Payment
Basic access to Work Hard Pittsburgh, LLC facilities is $45/month. Additional charges may occur for dedicated or reserved space in facilities.
Your bank account or credit card will be auto debited each month. If You require an invoice, please request copies form firstname.lastname@example.org. Upon payment, a receipt will be provided to You electronically. Failure to make an auto payment will result in a revocation of your access rights and license. Retrieval of personal property left inside facilities will be coordinated with a site manager.
A second invoice will be issued at the end of each month and will include any variable and consumable charges, such as telephone usage, printing, copying, and access to cloud-based storage services that may have been incurred during the previous billing period. Payment for variable charges will be paid within 30 days of second invoice unless other arrangements have been made with Work Hard PGH, LLC. Work Hard PGH, LLC reserves the right to restrict access to variable and consumable services for accounts with outstanding balances.
Facilities and Maintenance
Work Hard PGH, LLC allows You to use facilities for workspace, events, instruction, and meetings. To maintain an account at any of our facilities, you must have provide valid home address and proof of residency. Your are responsible for the following as it relates to facilities use:
- Resetting of moved furniture
- Disposal of all trash and recycling associated with your designated area or event
- Removal of trash and recycling to outside dumpsters if indoor trash containers are full
- Maintaining a professional and clean work environment that doesn’t interfere with the business and operation of other users.
A $25 cleanup fee will be charged to Your account if the above described maintenance is not performed.
No Unlawful or Prohibited Use
You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Work Hard PGH, LLC’s server, or interfere with any other party’s use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Work Hard PGH, LLC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should You post or download files that You know or should know are illegal or that You have no rights to.
You hereby represent and warrant that You have all requisite legal power and authority to enter into and abide by the terms and conditions of the T&C and no further authorization or approval is necessary. You further represent and warrant that Your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which You are a party.
Use of services
You agree that when participating in or using the Services, You will not:
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Work Hard PGH, LLC servers or internet connections.
- Upload, or otherwise make available, file(s) that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan Horses, Worms, time bombs, candlebots, corrupted files, or any other similar software or programs that may damage the operation of another computer or property of another cooperative member or facility user.
- Download any file that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
- Violate any applicable laws or regulations; or
- Create false identity for the purpose of misleading others.
Renewals and Terminations
This Agreement is automatically renewed at the end of each period with consent of each party.
The T&C must be adhered to at all times. Failure to follow T&C can result in non renewal or even early termination of the usage license. Work Hard PGH, LLC reserves the right to terminate any Service at any time, immediately and without notice, if You fail to comply with the T&C. This includes non-payment or violation of rules either written or communicated orally to You. Upon termination of license, Work Hard PGH, LLC will refund any amounts paid for unused periods that remain after deducting any pending charges on a pro-rata basis.
Your may terminate Your license at any time by giving written notice in the form of email. Termination shall be effective at the end of the month. If You terminate Your license, You will not receive a pro-rata refund for the unused portion of Services.
Obligation to Law
Your participation in and use of the Services provided by Work Hard PGH, LLC deems necessary that the company will satisfy any applicable law, regulation, legal process or governmental request, or edit, refuse to post, or remove any information or materials, in whole or in part at the sole discretion of Work Hard PGH, LLC.
Drug, Tobacco, Vaping, & Alcohol Policy
Smoking or vaping is prohibited inside all Work Hard PGH, LLC facilities. Consumption of alcohol is prohibited during normal business hours (8AM – 6PM, Monday through Friday), unless special event exceptions have been made. Event exceptions must be documented in writing.
Use of illegal drugs and possession of illegal substances is prohibited in all Work Hard PGH, LLC facilities. Persons, guest, or team members using Work Hard PGH, LLC facilities are prohibited from access while under the influence of illegal substances.
Violation of Work Hard PGH, LLC’s Tobacco, Vaping, & Alcohol Policy will result in immediate termination of Your access and license.
Guests from outside organizations must adhere to Work Hard PGH, LLC’s Tobacco, Vaping, & Alcohol Policy. Failure to do so will result in immediate notification of their direct supervisor and revoked access to the facility.
You acknowledge and agree that during Your participation in and use of the Services You may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Work Hard PGH, LLC or any participant of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Work Hard PGH, LLC, any analyses, compilations, studies or other documents prepared by Work Hard PGH, LLC or otherwise derived in any manner from the Confidential Information that You are obliged to keep confidential or know or have reason to know should be treated as confidential.
Your participation in and/or use of the Services obligates You to
- maintain all Confidential Information in strict confidence;
- not disclose Confidential Information to any third parties;
- not use the Confidential Information in any way directly or indirectly determined to be that of Work Hard PGH, LLC or any participant or user of the Services.
All confidential information remains the sole and exclusive property of Work Hard PGH, LLC or the respective disclosing party. You acknowledge and agree that nothing in this T&C or Your participation or use of the Services will be construed as granting any rights to You, by license or otherwise, to any Confidential Information or any patent, copyright or other intellectual property, proprietary right of Work Hard PGH, LLC, or any participant or user of the Services.
Participation in or Use of Services
You acknowledge that You are participating in or using the Services at Your own free will and decision. You acknowledge that Work Hard PGH, LLC does not have any liability with respect to Your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
Disclaimer of Warranties
To the maximum extent permitted by the applicable law, Work Hard PGH, LLC provides the Services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including but not limited to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with You.
Exclusion of Incidental, Consequential and Certain Other Damages
To the maximum extent permitted by the applicable law, in no event shall Work Hard PGH, LLC or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Work Hard PGH, LLC, and even if Work Hard PGH, LLC has been advised of the possibility of such damages.
Limitation of Liability and Remedies
Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Work Hard PGH, LLC or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, Your, representatives, employees, successors and assigns under any provision of this T&C and Your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by You based on reasonable reliance up to Five Hundred Dollars ($500). The foregoing limitations, exclusions and disclaimers, including the previous sections shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You shall, during and after the participation in and use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Work Hard PGH, LLC, or any of the Work Hard PGH, LLC officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law.
You release, and hereby agree to indemnify, defend and hold harmless Work Hard PGH, LLC and Work Hard PGH, LLC subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of Your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that You bring a claim or lawsuit in violation of this agreement, You shall be liable for any attorney fees and costs incurred by Work Hard PGH, LLC or its respective officers and agents in connection with the defense of such claim or lawsuit.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WORK HARD PGH, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WORK HARD PGH, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that any provision or portion of this T&C is determined to be invalid, illegal, or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
Work Hard PGH, LLC carries Liability and Business Personal Property insurance. As a user of the coworking space, it is Your responsibility to carry Your own Renters Insurance policy that covers Your equipment while occupying our space. Work Hard PGH, LLC is under no obligation to carry insurance that covers Your lost, stolen, or damaged goods as a result of Your use of Services provide. Please provide Work Hard PGH, LLC with a copy of Your policy for reference.
Last revised: May 12, 2017
What Does This Policy Cover?
This Policy covers all information provided by you to us using one of the following methods (each a “Covered Method”):
- visit or use any websites owned or operated by or on behalf of Work Hard PGH, including WorkHardPGH.com (our “Websites”);
- provide information to use via e-mail, text, or electronic communications, such as filling out forms on one of our Websites (“Submitted Forms”).
- install and use any of the software applications that we may develop for use on tablets or mobile devices (each an “App”);
- information that you post or upload to one of our pages on a social media site, including tweets, images, user-generated content, Personal Information, digital sounds, and pictures (“Social Information”)
interact with our advertising or applications that we serve on third-party websites and services (“Served Ads”)
This Policy does not apply to information collected any way other than via a Covered Method (including as a result of you using or clicking on any application or content that may link to or be accessible from or on the Website (“Linked Sites”) or any advertising displayed on one of our Websites that is provided by anyone other than us (“Third Party Ads”).
Because Work Hard PGH offers a variety of programming and is structured as a cooperative, it is likely that you will provide the same information to us multiple different ways. Additionally, you may interact with our membership as a client, collaborator, or vendor.
What Information Do We Collect?
Any time that you use one of our Websites or Apps, provide information via a Submitted Form or click on or interact with a Served Ad, we will likely collect some types of information from you as a result of that action. Depending on the action you take, we may collect any of the following types of information:
- personally identifiable information (“PII”) that you provide to us;
- certain types of financial and payment information to complete transactions with us, including to pay registration fees or tuition fees (“Financial Information”);
- information that relates directly to you other than your PII that you provide to us such as records and copies of your correspondence, responses to surveys, details of transactions you carry out, interactions with our members, and search queries on the Websites (“Volunteered Information”);
- certain information that we automatically collect as you navigate through the Site or use an App about your equipment, devices and browsers, and your use of our Websites and Apps (“Usage Information”);
- and information that is provided to us from third parties, for example, our business partners (“Third Party Information”).
The following is a more detailed description of each of these types of information:
When you use our Websites or Apps, we may ask you to provide the following PII:
- First, middle and last name, previous names
- E-mail address
- Date of birth
- Mailing address
- Organization name
- Valid day or evening telephone number
- Cell phone number
If you collaborate or contract services with Work Hard PGH, we will require additional PII:
- Educational history and transcripts
- Social Security number
- Government issued ID (such as driver’s license)
- Country of origin
- Employment status and history
- Military affiliation
- Career goals
- Financial Information
We may also request other Financial Information and information related to financial aid eligibility.
First, you may correspond with us directly, answer surveys on our Websites, or provide us with unsolicited information. Except for PII or Financial Information, we do not assume any obligation of confidentiality or nondisclosure for Volunteered Information. You should be selective about the information you choose to disclose as Volunteered Information.
Second, certain of our Websites or Apps may permit you to communicate with other users or post certain content or comments to public forums that can be viewed by other users. Anything that you post in these areas is public and not protected. You should not post any PII or Financial Information to any public forum. We cannot control the actions of other users of the Websites and do not guarantee that Volunteered Information will not be viewed by unauthorized persons or competitors.
When you use our Websites or Apps, we may use certain technologies to automatically collect certain Usage Information, including:
- IP address
- Operating system
- Browser type
- Collection date
- Day of week, time of day (hour)
- Language settings
- Country, state, designated market area (DMA), city (relating to IP address, if available)
- Domain (.com, .net, .mil, .org, .edu, etc.)
- Web pages viewed
- Email clicks or other actions taken
We also may use certain technologies, such as cookies, to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking) for the purpose of using such data to deliver advertising that is based on your web-viewing behaviors.
Using cookies also helps us to improve our Website and to deliver a better and more personalized service, including enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Websites according to your individual
- Speed up your searches.
- Recognize you when you return to our Websites.
We may use the following types of cookies:
Flash Cookies. Certain features of our Websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Websites. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices about How We Use and Disclose Your Information.
Web Beacons. Pages of our Websites and our e-mails may contain small electronic files known as Web Beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
In using behavioral tracking, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations).
- We do not associate your interaction with unaffiliated sites with your Personal Information in providing you with interest-based ads.
- We do not provide any Personal Information to advertisers or to third party sites that display our interest-based ads.
- We may use information provided about you by third parties (such as the sites where you have been shown ads or demographic information) that we may use to provide you more relevant and useful advertising.
How Do We Use Your Information?
We use information that we collect about you or that you provide to us, including any Personal Information:
- to present our Websites and Apps to you;
- to determine your admissibility and to register you for your selected educational programs at Work Hard PGH;
- to determine your eligibility as a member of the Work Hard PGH cooperative;
- to contact you regarding your status with Work Hard PGH;
- to provide requested products and services;
- to respond to your inquiries and provide customer support;
- to administer promotions in which you have indicated an interest;
- for our internal marketing purposes, which include, but are not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you;
- for investigation of information security and information asset protection-related incidents;
- to test, correct and improve our content, applications and services;
- to develop new applications, products and services;
- for behavioral tracking purposes;
- to prevent potentially illegal activities (including illegal downloading of copyrighted materials in accordance with our Copyright Infringement policy);
- to investigate suspicious activity and financial aid fraud;
- to obtain or collect payment;
- to provide you with information concerning arrangements and other options for the repayment of funds loaned to you;
- to maintain educational and business records for reasonable periods;
- in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets;
- for any other purpose for which you provide it;
- to notify you about changes to our Websites or Apps or any products or services we offer or provide through it;
- to allow you to participate in interactive features on our Websites;
- as may be required or permitted by legal, regulatory, industry self-regulatory, insurance, audit or security requirements applicable to us;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
When Would We Disclose Your Information?
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose Personal Information:
- for any of the purposes listed above for which we may use your Personal Information;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by us when you provided the information;
with your consent;
- to comply with any court order, law or legal process, including to respond to any government or regulatory request; and
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Work Hard PGH, our customers or others.
In addition, your Social Information will be displayed to other users of our social media sites. For example, if you comment on our Facebook page, other users of Facebook will see any comment you post and will be able to view any public information on your Facebook page.
What Are Your Options For Managing Your Information?
You can review and change your Personal Information by logging into the Websites and visiting your account profile page.
You may also send us an e-mail at email@example.com to request access to, correct or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Even if you delete your Volunteered Information, anything that was posted to a public forum may remain viewable in cached and archived pages, or might have been copied or stored by other Websites users.
If you have provided us with your prior express written consent to receive communications via an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, or text messages, you may opt out at any time by texting STOP to cancel future text messages except for one additional confirmation message stating that you’ve opted out.
If you do not wish to receive marketing e-mail or direct mail communications from us, you may express your choice where indicated on the applicable e-mail or other communication.
If you do not wish to receive marketing telephone calls, including calls from an automated telephone dialing system, you may express your choice to opt-out by e-mailing firstname.lastname@example.org.
If you are a Work Hard PGH student or alumni, you may limit access to certain portions of your educational records by sending us an e-mail at email@example.com.
Submitting any of the opt-out requests described above will only remove you from our list. We are not responsible for the use any other party may make of any information that has been transferred in accordance with this Policy prior to our receipt of your opt-out.
What About Children Under the Age of 13?
Our Websites and Apps are not intended for children under 13 years of age. If you are under 13, do not use or provide any information via a Website or App, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Do We Record or Monitor Any Communications?
We may monitor, record, and retain all incoming and outgoing communications, including e-mails and phone calls for training of our representatives and for quality assurance purposes. By electing to call us or e-mail us, you agree that your call may be recorded or your e-mail may be retained. We only retain recordings and records for as long as necessary to adequately discharge the legitimate business purpose related to the call or e-mail purposes, unless a specific communication needs to be retained for legal reasons.
How Do We Protect Your Information?
We take commercially reasonable precautions and have implemented commercially reasonable technical measures intended to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of Personal Information submitted via the Website. However, your e-mail transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or the Website may be subject to hostile network attacks or administrative errors. We cannot and do not guarantee the security of any information transmitted over the Internet. Once we receive your Personal Information, we take steps that we believe are commercially reasonable to limit access to your Personal Information to only those employees and service providers whom we determine need access to the Personal Information to provide the requested products, services, offers or opportunities that may be of interest to you. However, even after we receive your Personal Information, we cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, EXCEPT AS REQUIRED BY APPLICABLE LAW OR THE PCI STANDARDS, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.
What about international users of the Websites and Apps?
By using a Website or App, you agree and acknowledge that the Website or App is hosted in the United States.
If you are accessing a Website or App from a physical location outside the United States (other than the European Union), your use of the Website or App is governed by U.S. law and you are transferring your Personal Information to the United States. Any claim or dispute between you and us that arises in whole or in part from your use of a Website or App shall be decided exclusively by arbitration.
If you are accessing a Website or App from a physical location inside the European Union, we comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Information transferred from the European Union to the United States and have certified our compliance to the Department of Commerce. If there is any conflict between the terms in this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
Our participation in the Privacy Shield applies to all Personal Information that is received from the European Union and European Economic Area.
We remain responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process Personal Information on our behalf do so in a manner inconsistent with the Principles, unless we can prove that we are not responsible for the event giving rise to the damage.
If you believe that we have not adhered to this Policy, please contact us by e-mail at email@example.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. For any complaints that cannot be resolved directly, we will settle the dispute exclusively under the JAMS Streamlined Arbitration Rules or JAMS International Mediation Rules). We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
How Do We Notify You About Changes To This Policy?
What Is Our Contact Information?
Work Hard PGH
744 E. Warrington Ave.
Pittsburgh, PA 15210
This Agreement is by and between Work Hard Pittsburgh, LLC (“WHPGH”) and the person agreeing to the terms and conditions of this document either online or in print form of this document (“Client”). WHPGH and Client, intending to be legally bound, agree as follows:
1. THE ENTIRE AGREEMENT.
Client acknowledges that this Agreement is a binding agreement (even if clicked-through online), and, further, that this Agreement is the final, complete and exclusive statement of the entire agreement and understanding between the parties. This Agreement supersedes any prior and contemporaneous proposals, requests for proposals, and all communications regarding the subject matter of this Agreement, whether oral or written. This Agreement may not be modified except by a written document which specifically references this Agreement and the specific term or condition to be modified, and is executed by the parties.
In addition to term otherwise defined, as used herein and throughout this Agreement: 1.1 Agreement means the entire content of this document (“Digital Service Contract”), and by this reference, incorporated with any other Supplements specifically designated in communications between the parties. 1.2 Client Content means all materials, information, photography, writings and other creative content provided by Client for use in the preparation of and/or incorporation in the Deliverables. 1.3 Copyrights means the property rights in works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law. 1.4 Deliverables means the services and work product specified in the Supplements delivered by WHPGH to Client, in the form and media specified in the Supplements. 1.5 WHPGH Tools means all design tools developed and/or utilized by WHPGH in performing the Services, including without limitation pre-existing and newly developed software including source code, web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements. 1.6 Final Content means all creative content developed or created by WHPGH, or commissioned by WHPGH, exclusively for the Project and incorporated into and delivered as part of the Final Deliverables, including and by way of example, not limitation, any and all visual designs, visual elements, graphic design, illustration, photography, animation, sounds, typographic treatments and text, modifications to Client Content, and WHPGH’s selection, arrangement and coordination of such elements together with Client Content and/or Third Party Materials. 1.7 Final Deliverables means the final versions of Deliverables provided by WHPGH and accepted by Client. 1.8 Preliminary Works means all artwork including, but not limited to, concepts, sketches, visual presentations, or other alternate or preliminary designs and documents developed by WHPGH and which may or may not be shown and or delivered to Client for consideration but do not form part of the Final Content. 1.9 Project means the scope and purpose of the Client’s identified usage of the work product as described in the Supplements. 1.10 Services means all services and the work product to be provided to Client by WHPGH as described and otherwise further defined in the Supplements. 1.11 Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration. 1.12 Trademarks means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables to designate the origin or source of the goods or services of Client.
Supplements to this Digital Service Contract shall be provided by WHPGH to Client, prior to the execution hereof, as part of the formation process for this Agreement. Supplements describe specific terms and conditions applicable to the Project set forth herein. By way of example, the parties may simply acknowledge by email communications that the attachments in an email are the Supplements to this Agreement. Supplements are subject to modification until the execution of this Agreement, which, thereafter, may be modified only as provided in this Agreement for amendments of this Agreement.
3. FEES AND CHARGES
3.1 Fees. In consideration of the Services to be performed by WHPGH, Client shall pay to WHPGH fees in the amounts and according to the payment schedule set forth in the Supplements, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.
4. CLIENT RESPONSIBILITIES
Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner: (a) coordination of any decision-making with parties other than the WHPGH; (b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Supplements; (c) final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors; and (d) compliance with all WHPGH administrative procedures, as established by WHPGH from time-to-time.
At all times, Client retains its copyright in its submitted work, content and/or developments. Upon Client’s full and final payment, all right, title and interest to the copyright in the Final Deliverables shall be and is hereby assigned to Client, except that no such assignment shall occur regarding any Third Party Materials, common tools, libraries or routines developed by WHPGH or third parties apart from this Agreement or as part of common distribution, or improvements thereto, regarding which Client shall have a perpetual royalty-free license to use the same for its internal purposes. At all times, WHPGH retains the right to reproduce, publish and display the Deliverables in WHPGH’s portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website. At all times, WHPGH shall be entitled to publish attribution for the services and results arising from or related to this Agreement and regarding Client.
6. CONFIDENTIAL INFORMATION
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
7. RELATIONSHIP OF THE PARTIES
7.1 Independent Contractor. WHPGH is an independent contractor, not an employee of Client or any company affiliated with Client. WHPGH shall provide the Services under the general direction of Client, but WHPGH shall determine, in WHPGH’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. WHPGH and the work product or Deliverables prepared by WHPGH shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement. 7.2 WHPGH Agents. WHPGH shall be permitted to engage and/or use third party agents or other service providers as independent contractors in connection with the Services (“Design Agents”). Notwithstanding, WHPGH shall remain fully responsible for such Design Agents’ compliance with the various terms and conditions of this Agreement. 7.3 No Solicitation. During the term of this Agreement, and for a period of one (1) year after expiration or termination of this Agreement, Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any WHPGH, employee or Design Agent of WHPGH, whether or not said person has been assigned to perform tasks under this Agreement (“Restricted Resource”); provided, however, that the Client may, on a non-exclusive basis, hire any person who was a Participant in Sessions for which Client was Sponsor (“Unrestricted Resource”), and provided further that, in such event of hiring an Unrestricted Resource, Client adheres to WHPGH’s Resource Engagement Protocol. In the event such employment, consultation or work-for-hire event occurs of a Restricted Resource, and without limiting other remedies to which WHPGH is entitled, Client agrees that WHPGH shall be entitled to an agency commission to be the greater of, twenty-five percent (25%) of either (a) said person’s starting salary with Client, or (b) fees paid to said person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 30 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. WHPGH, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity. 7.4 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by WHPGH, and WHPGH shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by WHPGH.
8. TERM AND TERMINATION
8.1 This Agreement shall commence upon the Effective Date and shall remain effective until the termination of the Sessions and delivery of the Final Deliverable. 8.2 This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:
- becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
- breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach.
8.3 In the event of termination under any circumstances, WHPGH shall be compensated for the Services performed through the date of termination in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work performed by WHPGH or WHPGH’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation. 8.4 In the event of termination by Client and upon full payment of compensation as provided herein, WHPGH grants to Client such right and title as provided for in Supplements of this Agreement with respect to those Deliverables provided to, and accepted by Client as of the date of termination. 8.5 Upon expiration or termination of this Agreement: (a) each party shall return or, at the disclosing party’s request, destroy the Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Services, shall survive.
9.1 Waiver. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. 9.2 Notices. All notices to be given hereunder shall be transmitted in writing to the last known represented address of the respective parties, by overnight carrier or return receipt. Notices may be given by facsimile if a confirmation of sending is retained, and by electronic mail, if to the most recent completed communication email used and if a delivery receipt is retained. Notice shall be effective upon receipt or in the case of fax or email, upon confirmation of receipt. 9.3 No Assignment. Neither party may assign, whether in writing or orally, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned or encumbered by operation of law or otherwise, without the prior written consent of the other party, except that WHPGH may assign this Agreement to any affiliated company provided that the obligations herein are fully assumed. 9.4 Force Majeure. WHPGH shall not be deemed in breach of this Agreement if WHPGH is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of WHPGH or any local, state, federal, national or international law, governmental order or regulation or any other event beyond WHPGH’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, WHPGH shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services. 9.5 Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Pennsylvania without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the Commonwealth of Pennsylvania. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. Client acknowledges that WHPGH will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that WHPGH shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein. 9.6 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision. 9.7 Headings. The numbering and captions of the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
10. WARRANTIES AND REPRESENTATIONS
10.1 Client. Client represents, warrants and covenants to WHPGH that (a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content, (b) to the best of Client’s knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties, (c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and (d) Client shall comply with all laws and regulations as they relate to the Services and Deliverables.
10.2 WHPGH. (a) WHPGH hereby represents, warrants and covenants to Client that WHPGH will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services. (b) WHPGH further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of WHPGH and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by WHPGH, WHPGH shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for WHPGH to grant the intellectual property rights provided in this Agreement, and (iii) to the best of WHPGH’s knowledge, the Final Content provided by WHPGH and WHPGH’s subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Supplements or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of WHPGH shall be void. (c) WHPGH does not represent that any Deliverables or work product are capable of registering as trademarks or patents, and Client is solely responsible to verify any brands or other properties for commercial use in the relevant marketplace. (d) Except for the express representations and warranties stated in this Agreement, WHPGH makes no warranties whatsoever. WHPGH explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Hosting Supplement (this “Supplement”), effective on or as of ________, is an integral part of that certain Digital Services Agreement, dated [on or as of the same date herewith] (the “DSA”) , by and between Work Hard Pittsburgh, LLC, a Pennsylvania limited liability company (“WHPGH“) and you. This Supplement sets forth the terms and conditions of your use of WHPGH’s Hosting Services (the “Hosting Services”). This integrated Supplement, which is hereby fully integrated with the DSA by this reference, is referred to as this “Agreement.” Capitalized terms used in this Supplement, but not defined herein, as defined in the DSA.
Your acceptance of this Supplement as an integrated part of the DSA signifies that you have read, understand, acknowledge and agree to be bound by this Agreement in its entirety.
The terms “we”, “us” or “our” shall refer to WHPGH. The terms “you”, “your”, “User”, “customer” or Client shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. The Hosting Services are also referred to as Services in this Supplement, as Hosting Services are part of the Services provided and defined in the DSA. The term “Site” means the site which is providing the accessible Hosting Services.
We may, in our sole and absolute discretion, change or modify this Supplement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Hosting Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Hosting Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Hosting Services as last revised. If you do not agree to be bound by this Supplement and any Hosting Service limitations as last revised, do not continue to use the Hosting Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore required that you, and you agree to, keep your information current with us. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
Web Hosting and Maintenance. If you purchase Hosting Services, your site is placed within one or more third-party servers with resources that are shared between many other customers on the same servers; however, your site is given a unique address (DNS). We manage all necessary maintenance and updates for the duration of your contract. Unless there is an attachment providing for special conditions regarding the Hosting Services, we reserve the right to provide the Services from any location throughout the universe; that is, by way of example, we will not and do not guarantee that your data will be stored in or out of any location or country, or that HIPPA, privacy or other compliance standards will be applied to the Hosting Services.
Dedicated Server. If you purchase a Dedicated Server, an entire third-party server is reserved exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers. We manage all necessary maintenance and updates for the duration of your contract.
WordPress Hosting and Maintenance. If you purchase WordPress Hosting, you get Web Hosting with the addition of WordPress software. We manage all necessary WordPress, theme, and plugin maintenance and updates for the duration of your contract.
3. LIMITATIONS; ACCOUNT TERMINATION
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will transfer or FTP your website or server content to another provider at a rate of $105/hour for the duration of the transfer process. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content, time being of the essence.
Free Products Credits. Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked. This may include, but is not limited to plugins, templates, custom software, security and backup tools.
Notice Regarding Licensed Images on Migration or Export (where available). Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for WHPGH hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that WHPGH does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
4. YOUR OBLIGATIONS
Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement. You further acknowledge and agree that WHPGH reserves the right to review and to inspect your website, as well as to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in WHPGH’s discretion for security purposes.
You agree not to engage in unacceptable use of the Hosting Services, which includes, without limitation, use of the Hosting Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes. You consent to a site take-down for any violation of our policies, including, but not limited to, any third-party claim of illegal or unauthorized activity, whether or not such claim is reduced to a judgment or order of court.
We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers; and (3) maintain independent archival and backup copies of your website and server content, unless we are specifically engaged in writing to perform that service for a separate itemized fee.
You agree that we may archive content in accordance with our internal policies; however, irrespective of our internal archiving policies, our servers are not to be considered an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content.  The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Hosting Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account, as well as to comply with any subpoena or court order with or without advance notice to you.
Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance and routine maintenance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.
5. PROVISIONS SPECIFIC TO WEB AND WORDPRESS HOSTING
Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS (Virtual Private Server) or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
6. PROVISIONS SPECIFIC TO VPS, DEDICATED, MANAGED HOSTING
Automatic Back-Up. Backup of your website is included in certain separate maintenance plans as an option. If purchased, you acknowledge and agree that backup services may require additional down time to install and maintain. Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to provide backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You understand that backup services are not real-time and therefore will or may have data loss issues.
7. SERVICE UPTIME GUARANTEE
We offer a Hosting Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us in writing and request a credit of 5% of your monthly hosting fee for that month as the sole remedy for this Service Uptime Guarantee. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
8. THIRD PARTY SOFTWARE
Definition. “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.
Operating Software. The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
9. WARRANTIES, REMEDIES
Disclaimer of Warranties. Notwithstanding anything else in this Agreement to the contrary, and except to the extent as may be otherwise expressly identified in this Agreement as a “warranty” or “guarantee”: Services are offered on an “AS IS” basis and there are no warranties, whether expressed, implied, statutory or arising by custom or trade usage, including, but not limited to any implied warranty of merchantability or fitness for any particular purpose. Except as otherwise expressly and specifically provided herein, regardless of the form of action (whether in contract or in tort, including negligence and misrepresentation), WHPGH shall not be liable for special, indirect, consequential, incidental, punitive or exemplary damages, or for any claim for the loss of profits, business, use of data or information, or damage to good will, even if advised of the possibility of such damages. Your maximum remedy is a refund of any fee paid for the month in which any event occurs giving rise to such claim.
Hosting Services (Basic website or WordPress hosting with server and platform maintenance): $1,200 per year each, paid monthly.
You acknowledge that all of the terms and conditions contained in the DSA are part of this Agreement and are applicable, including, but not limited to limitations of damages and remedies.