EasyWP Terms of Service Agreement

Acceptance of Terms

This Terms of Service Agreement (the "Agreement") sets forth the terms and conditions of Your Use of EasyWP service ("EasyWP", “Subscription” and/or "Service(s)"). It is in addition to Namecheap’s Universal Terms of Service, EasyWP Acceptable Use Policy, and Namecheap’s hosting terms/policies, including Hosting Acceptable Use Policy (collectively "Namecheap Terms"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant, or person authorized to act on Your behalf. "We," "Us" and "Our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies ("Namecheap").

You agree to be bound and abide by the terms and conditions of this Terms of Service Agreement (“Agreement”) and all of the applicable Namecheap Terms. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you are entering into this Agreement for that entity and representing that you have the authority to bind such entity to this Agreement, in which case the term “You” will refer to such entity. If you do not agree to this Terms of Service Agreement, you should not access or use the Service.

Proprietary Rights

The Service, all confidential and proprietary software used in connection with the Service, Materials, and all other materials and services provided by or through EasyWP are owned by Namecheap or other parties that have permitted the use of their materials, content, or provided services to Us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

“Materials” means any necessary software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.

Namecheap gives You permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit You to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without Our prior consent or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Namecheap or their respective owners. Except as otherwise specifically provided herein, no permission or right to use any Mark is granted without the express written permission of Namecheap or the respective third-party Mark owner.

We do not want to receive confidential or proprietary information from You through the Service or by email. Unless otherwise agreed in writing by an authorized Namecheap representative, any material, information or idea You transmit to Us by any means may be disseminated or used by Us without compensation or liability to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to Our Privacy Notice.

Account and Security

You are responsible for maintaining the security of Your account and website, for all activities that occur or actions taken under the account or in connection with the website. You agree to notify Us immediately in writing of any unauthorized uses of the account or any other security breaches. We will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will We be liable, in any way, for any of Your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.

You are solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality, and integrity of Your content transmitted through or stored on Namecheap servers; and (iv) ensure the confidentiality of Your password. Namecheap's servers are not an archive and Namecheap shall have no liability to You or any other person for loss, damage, or destruction of any of Your content.

EasyWP service is not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Namecheap shall have no liability to You or any other person for Your use of Namecheap products and/or services in violation of these terms.

Content rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials You post or allow to be posted on a website via the Service ("Content") are Your sole responsibility. You are responsible for all Content that You upload, post, transmit, or otherwise make available via the Service, including Content that You allow to be posted by other parties. We do not control the Content You post via the Service.

Under no circumstances will We be liable for Your Content or the content of any third party, including, but not limited to, for any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable at Our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by Us. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

You further agree that You will comply with Our content guidelines and Acceptable Use Policies, including but not limited to those in Namecheap's Universal Terms of Service and Namecheap’s hosting terms/policies, including Hosting Acceptable Use Policy.

We retain the right to terminate any account or user who has violated any of the above prohibitions. Any material that in Our judgment is harmful, illicit, or threatening is strictly prohibited and may be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation as well as what is the appropriate severity of any corrective action to be applied. At its discretion, Namecheap will take further actions to ensure the stability of Our services including, but not limited to, restricting public access to certain Content, disabling plugins, themes, accounts, scripts, services, etc. Namecheap shall have no liability to You or any other person for loss, damage, or destruction of any of Your content or website.

You expressly (i) grant to Namecheap permission to cache the entirety of the content that is submitted, stored, distributed, or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Namecheap under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

Billing, payment, and cancellation

Subscription-based Service & Autorenewal. EasyWP is a subscription-based service that renews automatically. The automatic renewal option must be enabled prior to the subscription renewal date. In the event the auto-renew option is disabled, the Subscription will be canceled on the renewal date and Your website content will be permanently deleted.

In the event that the auto-renew option is enabled, but the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card or insufficient funds, Namecheap will try to perform additional renewal attempts. After five consecutive failed attempts to renew the EasyWP Subscription, We may elect, in Our sole discretion, to either: (a) continue the Subscription and accrue the amount You owe to Us, which You acknowledge includes the right to charge interest against the amount You owe; or (b) cancel the Service, which will result in permanently deleting Your website content.

BY PURCHASING EASYWP, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPLICITLY AGREE TO THE ABOVE.

Subscription Fees.
The cost for EasyWP Subscriptions (“Fee”) include the cost of the Subscription plus any interest that may be charged per the Terms outlined above. The Fee is exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are responsible for payment thereof.

Billing + Payment.
When You purchase Our Services, You consent to Namecheap, or Our third-party service providers, storing Your payment card information and You authorize Us to charge Your payment card: (a) any Fees for Services You may purchase; (b) any applicable taxes in connection with Your use of the Services, should We be required to collect them; and (c) any interest We may charge for overdue amounts. In addition, You agree that You will be liable for and reimburse Us for any and all costs to collect monies You owe Us.

Cancellation.
You agree that You are required to cancel the Subscription should You no longer wish to use this Service. Until such time, you authorize Us to continue billing You and You will remain responsible for any uncollected Fees. You may cancel the Subscription by turning the auto-renewal off. If You want to cancel it immediately by submitting a helpdesk ticket or opening a Live Chat under EasyWP category.

If You cancel the Service, Your cancellation will take effect at the end of the paid subscription period. After cancellation, You will no longer have access to Your website and We may delete all information on Your website. We accept no liability for such deleted information or content.

Refunds.
You may receive a refund if Your EasyWP subscription is canceled within the initial thirty (30) days after initial sign up (except for free trials) or within twenty-four (24) hours after renewal. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to: 1) free trial subscriptions, 2) SSL certificates, 3) domain registration-related fees and/or 4) any other products that may operate with this Service, such as but not limited to Add-ons.

If Your website is found to be in violation of Namecheap’s UToS and/or this Agreement, it will be suspended immediately and all payments forfeited.

Add-on Services

Namecheap provides some third-party software (“Add-on(s)”) to You for easier account management including but not limited to Brizy, etc. Such software is provided on an "as is" as available basis. Namecheap does not take responsibility for any faults in such software functioning.

By using Add-ons, you expressly agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. If You order Brizy to use, Your order constitutes explicit agreement with Brizy’s terms and agree to be bound by them. The terms of service for Brizy may be found here.

The Add-on billing cycle is adjusted to the parent`s service (EasyWP Subscription) billing cycle. In case the Add-on was not purchased during the initial subscription creation, the Add-on price will be adjusted accordingly on a prorated basis. Like the Subscription, Add-ons are renewed via the automatic renewal option with a designated credit card only. The auto-renewal settings are adjusted in accordance with the parent`s service setup. The automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the Add-on will be canceled along with its parent service on the renewal date and Your content will be permanently deleted.

Add-ons may be terminated by You via your EasyWP Dashboard >> Add-ons section.

Refunds do NOT apply to any Add-on product that is not included into the package and is purchased at additional fee.

Third-Party Software

You can add and use third-party software (like themes or plugins) on Your website only if it is compatible with Our platform. The list of the prohibited software can be found in Our Knowledgebase.

Your use of any third-party software is at Your own risk. Namecheap cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. Namecheap will have no liability or responsibility for any damage, loss of data, use, or other loss occurring in connection with Your use of third-party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Third-party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third-party Services. If you have questions or concerns about how a Third-party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.

Privacy Regulations and Your Obligations

You acknowledge that, in your use of the Service, you alone direct the content that is used in the Service. As such, you agree that you are Controller of any personal information included in your Content and processed by the Service, that Namecheap serves as Processor.

You further agree that you will comply with all privacy regulations applicable to you. If required by law, you agree that you will ensure consent and/or an appropriate lawful basis for directing Namecheap to process any third-party personal information via this Service. You also agree that Namecheap, as Processor, may engage sub-processors to provide you with the Service.

You acknowledge and agree that you will hold Namecheap, plus any/all sub-processors, harmless and fully indemnify Namecheap and sub-processors for processing third-party data where you did not comply with applicable privacy regulations.

Data processed via this Service may be transferred to the US and/or other locations not deemed to have “adequate protection” under the GDPR. Where such transfer occurs, Namecheap will transfer using an approved transfer mechanism, such as the Standard Contractual Clauses as outlined in our DPA.

Prohibited Activities

By using our services, You further agree that You will comply with Our content guidelines and Acceptable Use Policies, including but not limited to those in Our Universal Terms of Service, Hosting Terms of Service, and Hosting Acceptable Use Policy.

Namecheap reserves the right to refuse service to anyone at Our discretion. Any material that in Namecheap judgment, is either obscene or threatening is strictly prohibited and will be removed from Namecheap servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Namecheap will take corrective action at our own discretion and will notify You. Namecheap can and will remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of the removed content. Our decision in such a case is binding and final, and cannot be subject to further change. Namecheap cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Namecheap or any other third party.

Disk Usage Provision

Each of Your EasyWP subscription disc space is limited in accordance with the EasyWP Subscription plan:

Backups created via EasyWP Dashboard are counted towards disk usage of the subscription. The over-usage of the provided disk space may lead to the suspension of the account in question.

Similar to disk space, the database size for each EasyWP Subscription is restricted to 3GB. Database size is not counted towards the overall disk usage of the subscription. Exceeding the database limit may lead to the suspension of the account in question.

Under its sole discretion, Namecheap reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made at its reasonable discretion.

Email Limits

In order to safeguard email deliverability and reduce the ability to use Our Service for sending spam emails originating from the websites hosted on EasyWP, the number of outgoing emails sent from a single website using the PHP mail() function is limited to 50 emails per day.

Namecheap reserves the right to further limit the volume of email messages You can deliver through our Services, as determined by Us at Our sole discretion. Namecheap may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our Services. Namecheap may block any message You attempt to submit using our Services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Namecheap be liable to You or any other party for any indirect, special, economic, or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.

If you are using a third-party SMTP service to send emails from the website, we do not limit the number of such outgoing emails on our end.

Visitors limit

We do not limit the number of visitors that can visit your website. However, we recommend the Starter plan for websites with up to 50,000 visitors per month, the Turbo plan for 200,000 visits per month, and Supersonic for 500,000 visitors per. The amount of traffic that can be handled depends on how optimized the site is, etc.

We will not block the site if it goes above the recommended number of visitors. However, under Our sole discretion, We reserve the right to determine any kind of unfair or inappropriate use of the Service and, accordingly, it may result in an upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Namecheap and shall be made at its reasonable discretion. In case of the refusal of the upgrade, Namecheap reserves the right to suspend and terminate the Subscription in question.

Transfer of Content

In the event, You terminate this Agreement or Your use of these Services, You agree that it is Your responsibility to have made and retained Your own backups of Your website for further use, including transferring Your content to another provider.

You acknowledge that You understand that Namecheap will not transfer or FTP Your website content to another provider.

Terms of Service Revisions

You agree that We may modify this Agreement and the related Services from time to time. By Your continued use of the Services, You agree to be bound by any changes Namecheap may reasonably make to this Agreement when such changes are made.