Terms and conditions
This is for all you “Ts-&-Cs” fans out there. We wouldn’t want you to go away disappointed.
Every website has some sort of legalese that lays out terms and conditions. This is an attempt to make that legalese human-readable while still telling you everything you need to know. It won’t be shorter, but we hope it’s clearer. We’d never pass a bar exam, but we know what we want to say, so here goes.
First, let’s get our terminology straight. All the alternative terms are for this page you’re reading. A lot of things get capitalized here that ordinarily wouldn’t be capitalized, but that is how lawyers like things so they’re easy to find in case any nasty stuff happens.
- The company is WraySites LLC, or just “WraySites” or “the Company” or “we” or “us” or, in the possessive, “our.” WraySites is a limited liability company (LLC) that is registered in the state of Texas (in the United States of America) and operates at the registered address of 2220 Coit Road, Suite 480-227, Plano, Texas 75075.
- The services we sell are “the Services.” The computing power, storage space, software, and other computing assets which allow us to deliver the Services are “the Computing Assets.”
- The arrangements of Services which we offer are the “Plans.”
- The WraySites website you’re using now is https://www.wraysites.com — also called “wraysites.com” or “www.wraysites.com” or “the Main Website” or “the Main Site.”
- The vendors from which we rent the Computing Assets are “the Vendors.”
- The text on this page is “the Agreement.”
- The terms and conditions contained in the Agreement are “the Terms” or “the Terms of Service”).
- The credentials (such as, but not necessarily only, user IDs and passwords) you use for accessing the Services and the Computing Assets are “the Credentials.”
- When you pay us for use of the Services, that’s your “Order.”
- Any one-time fee that is part of your Order and which we require for initiation of your access to one or more of the Services is a “Startup Fee.”
- Some of the Services, such as website hosting, are available only either year-to-year or month-to-month. The time period which this involves — either a year or a month, respectively — is the “Services Period.” When your Order is set up so that the Services Period is one year, you are on an “Annual Plan.” When your Order is set up so the Services Period is one month, you are on a “Monthly Plan.”
- A “Business Day” is a Monday, Tuesday, Wednesday, Thursday, or Friday that is not a U.S. federal government holiday.
If you use the Website and/or the Services, you agree to the Terms and are entering into the Agreement. (That’s pretty much the way every website works, so it’s not sneaky. We’re just making it a bit more understandable.) With all of that understood, please read this carefully before using the Site and/or the Services.
1: The Terms and you
The Terms may apply to you differently, depending on your use of the Site and/or the Services.
1.1: Updates to the Terms
We can update these Terms at any time, but we’ll try to notify you at least 30 days before making any major change(s) in them — and only we will determine what’s a “major change.” If you keep using the Site and/or the Services after any such update, you agree to be bound by the revised Terms.
2: Privacy, security, and you
3: The financial stuff
When you carry out an Order, we may ask for certain information that is necessary to process payment. By submitting this information, you grant us the right to provide the information to our payment processor(s) of choice.
When you carry out an Order, you agree that you have the legal right and access to the payment method you use, and that the information you supply during the Order is true, correct, and complete.
While we will try to accommodate you, we reserve the right to refuse or cancel your Order at any time before we have processed your payment. Of course, if we do so, we have no intention to take your payment; so, if we have refused or cancelled your order but payment has been processed erroneously and you subsequently provide what we consider to be appropriate documentation to that effect, we will refund that payment within 30 calendar days. Reasons we might refuse or cancel an order can include, but are not limited to, inability to deliver the Services in what we consider a timely fashion, errors in how the Services were described to you (e.g., pricing that is listed as lower than it really is), our belief that you are committing fraud, and/or our belief that you intend to use the Services for purposes contrary to the Terms (See 6: Code of conduct).
Here’s a quick summary of the remainder of this part: If you pay your invoice on time, everything will be fine. Unfortunately, not everybody does, so we must describe the nasty things that will occur if you don’t. We’re sorry if it comes off as sounding harsh. Even if you’ve never missed a payment in your life and don’t intend to start now, please read this to make sure you understand our policy.
Because of our pay-as-we-go, lean-and-mean business model, we must charge in advance for your access to the Services. That’s why it’s very important that you pay us on time as we describe herein.
Before we activate your access to the Services, we receive payment when you execute your Order. That payment is for any Startup Fees and, if applicable, your first Services Period of access. For each subsequent payment (such as for continuing your access to the Services during the next Services Period), we will issue an invoice.
We have two kinds of invoices — one for an up-front annual payment if you’re on an Annual Plan, and one for ongoing monthly activity if you’re on a Monthly Plan. We’ll call those invoices, respectively, the “Annual Invoice” and the “Monthly Invoice.” (There is no “Startup Invoice” because, as mentioned before, you have to pay upfront to get started in the first place.) Before we get into the details, let’s note that each invoice involves a “Due Time,” which we express as 2359 hours UTC (Universal Time Coordinate) because we deal with entities around the world. That’s the same as 6:59 PM U.S. Central Daylight Saving Time or 5:59 PM U.S. Central Standard Time.
3.2.1: Annual Invoice
If you’re on an Annual Plan, the month in which you executed the Order for that plan is the “Anniversary Month.” For example: if you executed the Order for your Annual Plan in June, 2017, the Anniversary Month is June, meaning the Service Period for this Order is from June of one year to June of the following year.
We generate, and email to you, your Annual Invoice on the last day of the month before your Anniversary Month for each year following your Order (remember, you paid in advance for the first year), and it tells you the exact amount you must pay in advance for your use of the Services in the following Service Period. You must pay the Annual Invoice in full by the “Annual Invoice Due Time,” which is 2359 hours UTC on the 15th calendar day after we sent the Annual Invoice.
Example: if you are an Annual Plan customer of the Services and your Anniversary Month is June, we generate and email your Annual Invoice for the next Services Period on May 31 and your Annual Invoice Due Time is 2359 hours UTC on June 15 (same year, of course).
If you do not pay the full amount of the Annual Invoice by the time it is due, we will suspend your account, which automatically suspends your use of the Services. You will then have 15 calendar days to complete payment-in-full of the Monthly Invoice. If you do not do so, we will (a.) terminate your account and, therefore, your use of the Services, (b.) delete any data stored (including backups) as part of your use of the Services, and (c.) provide no migration of the data to a different company.
Here’s an example. If your use of the Services includes a hosted website, and we suspend your account because you failed to pay the latest Annual Invoice on time, we will take that website offline but retain its data while the account remains in suspension. If the 15th day of suspension passes without payment of the Annual Invoice and we terminate the account, we will destroy the website’s data, thus taking the website permanently offline and with no migration of this data to a different host. (You will, of course, retain the Internet domain on which the website existed, but it will be necessary for you, on your own, to restart it with another host.)
3.2.2: Monthly Invoice
We generate, and email to you, your Monthly Invoice on the last day of each month, and it tells you the exact amount you must pay in advance for your use of the Services in the following month. You must pay the Monthly Invoice in full by the “Monthly Invoice Due Time,” which is 2359 hours UTC on the 15th calendar day after we sent the Monthly Invoice.
Example: if you are a customer of the Services at the beginning of May, we generate and email your Monthly Invoice for that month on April 30 and your Monthly Invoice Due Time is 2359 hours UTC on May 15 (same year, of course).
If you do not pay the full amount of the Monthly Invoice by the time it is due, we will have to suspend your account, which automatically suspends your use of the Services. You will then have 15 calendar days to complete payment-in-full of the Monthly Invoice. If you do not do so, we will (a.) terminate your account and, therefore, your use of the Services, (b.) delete any data stored (including backups) as part of your use of the Services, and (c.) provide no migration of the data to a different company.
It’s time for another example. If your use of the Services includes a hosted website, and we suspend your account because you failed to pay the latest Monthly Invoice on time, we will take that website offline but retain its data while the account remains in suspension. If the 15th day of suspension passes without payment of the Monthly Invoice and we terminate the account, we will destroy the website’s virtual server, thus taking the website permanently offline and with no migration of this data to a different host. (You will, of course, retain the Internet domain on which the website existed, but it will be necessary for you, on your own, to restart it with another host.)
3.3: Account cancellations
3.3.1: Cancellations by us
We have the right to cancel an account without notification or providing a reason for it but, if you are otherwise not in violation of the Terms, we will provide a refund on a pro rata basis within 30 calendar days of the cancellation.
Example: although you paid your Monthly Invoice on time and otherwise are not in violation of the Terms, something happens on June 18 that forces us to cancel your account. That means you would have an unused portion of the Monthly Invoice payment, which we would refund on or before July 17 of that year, 30 calendar days after the cancellation.
3.3.2: Cancellations by you
You also may choose at any time to cancel your account by notifying us via email at support (at) wraysites.com; we will then reply to your cancellation notice, asking you to confirm that you do, indeed, wish to cancel. If you proceed with cancellation after having already paid your Monthly Invoice for the month during which you issue the cancellation, we will provide a refund on a pro rata basis within 30 calendar days of the cancellation. Once we have confirmed your wish to cancel, we will (a.) terminate your account and, therefore, your use of the Services, (b.) delete any data stored (including backups) as part of your use of the Services, and (c.) provide no migration of the data to a different company.
3.4: Account terminations
Upon termination of your account, you will immediately lose access to the Services (e.g., your website will be taken offline and its associated data, including backups, will be deleted) and there will be no refund of any previous payment.
3.4.1: Termination by us
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you have violated the Terms (in the latter case, you are ineligible for any refund).
3.4.2: Termination by you
If you choose to terminate your account, you must notify us via email at support (at) wraysites.com. We will confirm this as soon as possible and notify you that we have completed the termination. Please note that, because this is a termination, we will refund no payment already made for the Monthly Invoice; this lack of a refund is the chief difference between a cancellation by you and a termination by you.
We provide a 30-day money-back guarantee for the first purchase you make with us under your account. If, for any reason, you are dissatisfied with the Services during the first 30 days following the Services Access Initiation, submit to accounts (at) wraysites.com a request for a cancellation and refund. We obviously don’t want to displease a customer, so we will attempt to address your concerns; but, if we cannot do so to your satisfaction, we will issue you a refund.
From time to time, we may stage contests or other promotions (“Promotions”) which may be governed by rules separate from the Terms. If you have an active account and choose to participate in a Promotion for which existing accounts are eligible, you will review the applicable rules and be aware that, where the Promotion’s rules conflict with the Terms, the Promotion’s Rules shall supersede the Terms as appropriate.
5: Availability, uptime, and support
As necessary, we will update our offerings of the Services, including their pricing and description. Of course, mistakes happen, and this may result in errors in how the Services are depicted regarding their pricing, feature descriptions, and/or availability; and, while we will always strive to resolve such errata as quickly as possible, there will be times when we cannot do so immediately. For these reasons, we neither can nor do guarantee the accuracy or completeness of any information we publish on the Website or elsewhere.
Pricing, and descriptions, of the Services are subject to change without notice.
Our business model includes an extreme emphasis on ensuring the maximum amount of uptime. However, you understand that, due to circumstances beyond the scope of what WraySites and the Vendors can control, including but not limited to Acts of God, it is impossible to provide true 100% uptime. It is the goal toward which we strive; but, like infinity, it is unreachable.
You can reach WraySites Support via Website chat or via email at support (at) wraysites.com.
6: Our Code of Conduct
This section details our Code of Conduct, conformance to which you accept by agreeing to the Terms.
This Code is for your protection, ours, our Vendors’, and that of anyone who may come into contact with content hosted on the Computing Assets. While our particular business model restricts some Customers’ use of the Computing Assets due to the differing aspects and capabilities of their respective Plans, we recognize that certain individuals may find ways to circumvent this restriction. Such methods are, themselves, violations of the Terms and will be met with immediate account termination. Nonetheless, we describe herein what is considered unacceptable behavior on the part of our customers in those “gray areas” where they may somehow find legitimate, Terms-honoring ways of circumventing the restriction and gaining the freedom to commit harm. Moreover, if a customer’s credentials become compromised and someone else using them commits the acts described herein, we will hold the customer responsible and terminate his/her account(s) immediately.
We have a zero-tolerance policy that prohibits all illegal activity of any kind on the Computing Assets. This activity includes, but is not limited to: unauthorized storage or distribution of copyrighted material (including software), trademark infringement, malware or sites which distribute malware, violations of the laws of any jurisdiction under which the Terms are governed, and selling or distributing contraband. You must verify your compliance with the law when using the Computing Assets.
We have a zero-tolerance policy that prohibits using the Computing Assets in any way to abuse others, verbally or otherwise. Moreover, the policy specifically prohibits acts including but not limited to spam, “mail-bombing,” denial-of-service attacks, and running packet sniffers or port scanners. Such activities compromise not only our Services but the Vendors’ services, as well.
If your account is used, either by you or someone who has gained your credentials, to commit acts contrary to the Code of Conduct, we will terminate your account(s) without notice and, if any damages have occurred to WraySites and/or our Vendors, we will hold you liable for an amount equal to the cost of undoing the damages.
7: Disclaimers and limitation of liability
Some companies, in their own versions of this section, will put the text in ALL CAPS BECAUSE THEY THINK IT MEANS MORE THAT WAY, or it’ll impress a judge or jury more — or something. Well, it doesn’t, so we’ll just pass on that.
As much as the law allows, we and the Vendors (a.) disclaim all implied warranties and representations; (b.) do not guarantee that the Services will function without interruption or errors; and (c.) provide the Services, and including content and information about them, on an “as-is”/“as-available” basis.
To the extent permitted under law (and unless we have entered into a separate written agreement that supersedes this agreement), we and the Vendors shall not be liable to you or others for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, opportunities, reputation, profits, or revenues, related to the Services (e.g., offensive or defamatory statements, downtime or loss, use, or changes to your information or content).
In no event shall our liability exceed, in the aggregate for all claims, an amount that is the lesser of (a.) five times the most recent monthly or yearly fee that you paid for a Service, if any, or (b.) $2,000 (U.S.).
This limitation of liability is part of the basis of the bargain between you and us, and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and/or law), even if we have been told of the possibility of any such damage and even if these remedies fail their essential purpose.
Some jurisdictions do not allow certain disclaimers, and some jurisdictions do not allow the limitation or exclusion of liability. As a result, some, or all, of this section’s provisions may not apply to you, depending on where you make use of the Services.
8: External links
Our Services may contain links to external (third-party) websites or services that we neither own nor control.
In addition to the statements within “7: Disclaimers and limitation of liability,” we state that we neither have any control over, nor assume any responsibility for, other websites’ and/or other services’ content, policies, or practices.
Further, you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such contents, goods, or services available on or through such websites and services.
For this reason, among others, you should carefully read the terms and conditions, privacy policies, and any other terms for any external websites or services you access or use.
9: Intellectual property
Our trademarks, service marks, and/or logos may not be used in connection with any product or service without our prior written consent.
10: DMCA notices
Under the Digital Millennium Copyright Act (“DMCA”), it is possible to notify a service provider, such as ourselves, of a violation of the DMCA. In a DMCA Notice, a copyright owner can request us to remove any copyrighted material hosted on any Computing Assets through which we provide the Services. You may submit DMCA Notices to dmca-notice (at) wraysites.com with the following information:
- Full name, telephone number, address, and email address.
- Proof of ownership or authorization to act on behalf of the owner of copyrighted material.
- Specific website or IP address where the content is hosted.
- Reason for notification.
If the person named in such a notification is our customer and we decide that the notification merits our taking action, we will do so first by informing the suspected infringer of copyright (the “Subject”) of the DMCA Notice; and, should the Subject not take reasonable action further to our notification, we will suspend the Subject’s Services.
You agree to comply with all rules, regulations, and laws applicable to you in addition to these Terms.
11.1: Governing law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the state of Texas in the United States of America, without regard to its conflict-of-law provisions, and you irrevocably agree that the courts of Texas have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation, including non-contractual disputes or claims.
11.2: No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.3: Force Majeure
We will not be responsible for our availability, uninterrupted uptime, or data backups and integrity in the event of any change in or new laws, rules or regulations, or any act of a government, central bank, monetary authority, or other entity in any country relating to, without limitation, exchange controls, restrictions on convertibility, freezes, moratoria, expropriations, requisitions, changes in a country’s currency for any reason whatsoever (including countries that are part of any monetary union), involuntary transfers of any kind; force majeure, natural disaster, industrial action, acts of war, Acts of God, acts of terrorism, civil strife, riots or a state of political or economic chaos in any country; or any other circumstances beyond our control.
It’s possible a court may rule that a portion of these Terms is invalid or unforceable. Nonetheless, even if that occurs, the remaining provisions of these Terms will remain in effect.
11.5: Entire agreement
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
11.6: Contact and notice
Please contact info (at) wraysites.com with any questions you may have about these Terms, and we will do our best to respond to you in a timely manner. All notices affecting or concerning the Terms shall be communicated in writing, by you or us, through email, except where we determine providing notice is reasonable by publishing an announcement on the Website.
Last updated: July 2, 2017.