Service Agreement

1. Service Agreement

The terms on this page and on the pages linked from it form a legally binding agreement between you and us, Foxeep, Inc., a web hosting and related services company based in the State of Delaware, United States of America. In this Agreement, Foxeep, Inc. is referred to as "we," "us," "our," the "Company," "Foxeep, Inc.," or "Foxeep."

You, the customer, are referred to as "you," "your," or the "Customer," whether you are an individual, a business entity, or a person acting on behalf of either. By clicking the “Complete Purchase” button on the checkout page, or the button to register a Client Area account, next to which these terms are referenced, or by obtaining one or more of the services offered by Foxeep, Inc., you electronically sign this Service Agreement. Your electronic signature has the same legal effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and the Delaware Uniform Electronic Transactions Act (UETA), 6 Del. C. Chapter 12A.

2. Term of the Agreement

You expressly acknowledge that Foxeep, Inc. may amend this Agreement and the services it provides from time to time, and that the terms and conditions of this Agreement remain in full force and effect for as long as you receive and use the services.

Your continued use of the services after any amendment to this Agreement or any change to the services takes effect constitutes your agreement to be bound by that amendment or change. We will notify you by email of any material change to this Agreement at least 30 days before it takes effect (see Section 23.1).

3. The Company Website

3.1 Website Access: This Agreement also governs your access to the Company's main website at https://foxeep.com, the Client Area at https://my.foxeep.com, and all other subdomains and additional domains controlled by the Company.

3.2 Customer Accounts: By creating a Client Area account, placing an order, clicking "Complete Purchase," or using the services, you confirm that you have read and acknowledged the Privacy Policy, and that you have read, understood, and agreed to this Agreement, the Refund Policy, the Acceptable Use Policy, the Domain Registration Agreement, the Service Level Agreement, the DMCA Policy, and the Cookie Policy published on the Company website (collectively, the "Published Policies"), which supplement Sections 8, 10, 11, 13, 20, and 22 of this Agreement, and that you have thereby signed them electronically. You also agree to receive invoices, receipts, renewal notices, and other notices about your services electronically at your account email address and in the Client Area (see Section 23.7). To receive and keep them, you need an internet connection, a current web browser, a valid email address, and software that opens PDF files. You may at any time update your email address in the Client Area, request a free paper copy of any notice, or withdraw your consent to electronic communications by writing to our Legal Department (see Section 25.5). Because the services are managed electronically, withdrawing this consent may require cancellation of the services; in that case, we will refund on a prorated basis any amounts prepaid for the unused period. If you accept this Agreement on behalf of a company, other legal entity, or another person, you represent that you have full authority to bind that entity or person, and "you" then refers to that entity or person.

3.3 Eligibility and Legal Age: To create an account or purchase any service, you must be at least 18 years old, or the age of majority in your state, territory, or country of residence if that age is higher (for example, 19 in Alabama and Nebraska, and 21 in Mississippi and Puerto Rico), and you must have the legal capacity to enter into contracts. Minors may not purchase the services, even with a parent's payment method. If we learn that an account holder is a minor, we will close the account and refund any amounts paid for the unused period.

3.4 Protecting Your Login Credentials: We strongly recommend that you protect your account login credentials and secure them by enabling two-factor authentication (2FA), and that you do the same for the email account associated with your account. If you notice any unauthorized access to your account, contact us immediately at our technical support email address (see Section 25.1).

3.5 Children's Privacy: The Company's services, websites, and subdomains are not directed to children under 13, and we do not knowingly collect their personal information, in accordance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq. If we learn that such information has been collected, we will delete it and cancel the associated account.

3.6 Accuracy of Our Offers: We make every effort to ensure that the descriptions, prices, and availability shown on foxeep.com are accurate, but errors may occur inadvertently. If you notice an error in any section or page of this website, please let us know at our technical support email address (see Section 25.1) so that we can correct it and update the information. The Company reserves the right to correct any information or offer, and to modify or cancel any order placed at an incorrect price, with a full refund of the amount paid for that order.

3.7 Promotions and Coupons: Promotions, coupons, and discounts are subject to their published terms, and you may request them from our sales team by opening a ticket through our support page at https://foxeep.com/support (see Section 25.7). If a promotion's terms conflict with this Agreement, the promotion's terms apply to that promotion only. We may modify or end any promotion at any time without affecting orders already paid.

3.8 Third Parties: Because some of the tools we use are provided by outside vendors (such as cPanel), our services and foxeep.com may include software, websites, or services belonging to our vendors or partners (see Section 21). We do not control their terms and are not responsible for their content, availability, or privacy practices, and your use of them is governed by their own terms. Even so, Foxeep, Inc. makes reasonable, ongoing efforts to protect your rights and keep the services we provide to you stable.

3.9 Prohibited Use of the Website: You may not copy or collect the website's content or prices by automated or systematic means, interfere with the operation or security of the website, attempt to gain unauthorized access to it, or use it to transmit unlawful or harmful material (see Section 20). Our Cookie Policy explains how we use cookies and similar technologies.

4. Account Information Accuracy

4.1 At Registration: You must provide true, complete, and accurate information when you create your account and subscribe to the services of Foxeep, Inc.

4.2 Changes to Your Information: You must update your account information within seven (7) days after any change to it.

4.3 Inaccurate Information: If we have reasonable grounds to suspect that your information is inaccurate or out of date, we may ask you to verify it, and if a violation is confirmed, we may suspend your account or terminate the services in accordance with this Agreement and applicable law (see Section 14.2).

5. Service Descriptions and Activation

5.1 Service Descriptions: We provide the services as described on foxeep.com or on our other websites or subdomains. Features, specifications, resources, and prices vary by plan. The Company may modify or discontinue them, but will not materially reduce the core functionality of a paid service during its prepaid term.

5.2 Service Activation: Instant activation applies only to services advertised as instant, such as shared hosting, other hosting plans, and domains, which are activated as soon as payment is approved and, where required, after identity verification. No service linked to an unpaid invoice can be activated unless that service is free, and services the Company provides free of charge with certain primary services cannot be activated until the invoice for the related primary service is paid (including, without limitation, the free domain offer with hosting plans described in Section 6.2.2).

5.3 Domain Activation: New domain registrations, and transfers of your existing domains to us, start automatically as soon as payment is completed, and the details are sent to your email address and to your Client Area account, unless manual intervention is required for any reason. A registration or transfer is complete only after the relevant registry confirms it, and a transfer usually takes from one to seven days, depending on ICANN rules and the response of your current registrar (see Section 10). In every case, we will notify you by email when your service is ready. If a registration or transfer cannot be completed, we will retry several times; if it still cannot be completed for any reason, we will credit the amount to your account balance for use toward other domain registrations or transfers or toward renewing your services, or we will refund it to your original payment method if you ask us to within 30 days (see Section 13).

5.4 Orders Canceled Before Activation: If the Company cancels an order before activation because it cannot be verified, the full amount paid will be refunded to the original payment method. If an order is found to be fraudulent, such as an order placed with a stolen card, it will be canceled and the amount refunded only to the owner of the original payment method, and the Company may report it to the bank, the payment processor, and the appropriate authorities.

6. Service Terms and Promotions

6.1 $1 First-Month Offer: The Company offers certain hosting plans to new customers at $1.00 for the first month, limited to one per customer. The offer cannot be combined with other promotions and does not include a free domain. After the first month, you may either upgrade the service to a longer term or let it renew monthly at the regular price shown in the offer. To avoid any further charge, you must turn off automatic renewal at least 5 days before the end of the first month. The $1.00 amount is non-refundable and is not covered by the money-back guarantee (see Section 13.2).

6.2 Shared Hosting Terms: The resources, features, and specifications of shared hosting plans are listed on the plan card shown on the main website and in the Client Area at checkout.

6.2.1 Resource Exhaustion: If your website and account exceed the limits of your plan or threaten the stability of the server, we may restrict resources, temporarily disable scripts or websites, or, where strictly necessary, require an upgrade (for example, when disk space runs out), and we will notify you and help you identify the cause where possible. Disk space, CPU, and memory are allocated solely to run the websites hosted on your plan and their associated email, not for storage or processing unrelated to them. Any account that the Company determines is using resources for other purposes will be suspended without a refund, subject to the notice provisions of Section 20.3, and the money-back guarantee in Section 13 will not apply in that case (see Section 20.2).

6.2.2 Included Features: Free domains, the content delivery network (CDN), email, and other included features are available only while your plan is active and your account is in good standing.

6.3 WordPress Hosting Terms: WordPress hosting plans are subject to the following terms:

6.3.1 WordPress Environment: WordPress hosting includes a preinstalled WordPress environment, server-level caching, and the tools described on the product page.

6.3.2 Automatic Updates: When automatic updates are enabled, our system updates the WordPress core, themes, and plugins. You may disable them, in which case you become responsible for updates (see Section 19.3). We are not responsible for incompatibilities caused by third-party themes or plugins, and you agree to follow the rules that apply to this hosting, in particular that you are responsible for the security of your website and for staying within the resource limits of your plan.

6.4 Managed WordPress Terms: Managed WordPress plans are subject to the following terms:

6.4.1 Security Guarantee: Managed WordPress plans run in an isolated environment and include updates managed by our team, performance optimization, uptime monitoring, and a "Hack Protection Guarantee."

6.4.2 Guarantee Exclusions: The guarantee does not cover compromises resulting from stolen or shared login credentials, intentionally installed malicious code, or prohibited plugins, and it does not guarantee the recovery of data that is not in our backups (see Section 9).

6.5 Store Hosting Terms: Store hosting plans are subject to the following terms:

6.5.1 Store Environment: Store hosting provides an environment for running one or more online stores, depending on your hosting plan.

6.5.2 Merchant Responsibility: You are the merchant of record for all sales made through your store, and you are solely responsible for your products, prices, payment methods, shipping, returns, customer service, collection of sales tax where applicable, and compliance with consumer protection laws, including the rules that govern the sale of physical goods.

6.6 Reseller Hosting Terms: Reseller plans are subject to the following terms:

6.6.1 End Users: Reseller plans allow you to create hosting accounts and sell them under your own brand to your customers ("End Users"). You are their service provider and are solely responsible for billing, support, account management, and all other obligations to them.

6.6.2 Equivalent Terms: You must require each End User to accept terms that include acceptable use rules (see Section 20). You are responsible for all of their activity, and their violations are treated as your violations.

6.6.3 First-Line Support: You must provide first-line support to your End Users. Our team supports you, not your End Users directly (see Section 18).

6.6.4 Usage Limits: The combined usage of all End User accounts must remain within the limits of your plan.

6.6.5 Third-Party Licenses: Included third-party licenses (such as WHMCS or cPanel) are subject to the terms of their licensors and to the third-party services provisions (see Section 21), and remain valid only while your plan is active.

7. Website Migration to Our Servers

7.1 Free Migration: Free website migration is included with eligible hosting plans, up to the number of migrations stated in the plan, and additional migrations may be offered for a flat fee. Migration covers website files, databases, and email data only.

7.2 Access Authorization: By requesting the migration of your website to us, you expressly authorize us to access the hosting account you are moving from using the credentials you provide (see Section 18.3), and you represent that you have the right to transfer that content. You remain responsible for keeping a backup of your data with your current provider until the migration is confirmed as complete (see Section 9).

7.3 Migration Limitations: We carry out migrations with care, but we cannot guarantee success if your previous provider restricts access to some or all of your website's components, or if the data is incomplete, corrupted, or in an incompatible format.

7.4 DNS Records: Updating DNS records or nameservers after the migration remains your responsibility, unless you ask us to transfer both your hosting and your domain, in which case the Company will configure the settings needed to move your website to its servers.

7.5 Rejected Content: Foxeep, Inc. may refuse to migrate any content that violates our acceptable use rules (see Section 20).

8. Uptime Guarantee (SLA)

8.1 Uptime Commitment: The Company guarantees 99.9% network and server uptime for hosting services in each calendar month, excluding scheduled maintenance announced at least 24 hours in advance (except in circumstances beyond our control), emergency security maintenance, issues caused by your content or settings, third-party services, DNS propagation, and events beyond our reasonable control (see Section 23.3).

8.2 Service Credits: If monthly uptime falls below 99.9%, you may request a credit within 30 days after the end of the affected month equal to 10% of that month's hosting fee for each full hour of downtime beyond the guarantee, up to a maximum of 50% of the monthly fee, in accordance with the Service Level Agreement. Credits are applied to your account balance, are not paid in cash, and are your sole and exclusive remedy for downtime.

8.3 Maintenance: Maintenance covers hardware, software, security updates, and control panels, and we schedule it to keep its impact on your services as low as possible.

8.4 Uptime Measurement: Uptime is measured by our monitoring systems and internal logs. Reports from third-party monitoring tools are not used to calculate credits.

9. Backups

The Company makes backups according to your plan as an additional, secondary service. This free service is not a substitute for your own backups, and you are solely responsible for keeping independent copies of your content. To the maximum extent permitted by law, we are not responsible for its loss or corruption (see Sections 15.1 and 15.4).

10. Domain Transfers

10.1 Transfer Authorization: When you transfer a domain to us, you authorize us to act on your behalf with the previous registrar to complete the transfer of your domain. Transfers are governed by the ICANN Transfer Policy, as amended from time to time.

10.2 Transfer Requirements: You must be the registrant of the domain or be authorized by the registrant, and you must provide a valid authorization code (EPP/Auth Code).

10.3 Transfer Denial: A transfer may be denied in certain cases, including within 60 days after registration or a previous transfer, during UDRP proceedings (see Section 11.5), or where there is evidence of fraud. A change to the registrant's information may lock the domain against transfer for 60 days, unless you opt out where that is permitted.

10.4 Transfer Fees: Transfer fees usually include one additional year of registration added to the expiration date (up to a maximum of 10 years); some country-code extensions do not add an extra year. If a transfer fails because of incorrect information, a lock, or a rejection by the previous registrar, you may try again, use the amount credited back to your account balance, or request a refund to your original payment method as provided in Section 5.3.

10.5 Transfers Away from Foxeep: You may transfer your domains away from us at any time under the same policies. Your authorization code is available in the Client Area without delay, and we will not deny a valid transfer request except where the ICANN policy permits (such as non-payment or fraud).

11. Domain Registration

11.1 Contact Information: When you register a domain, you must provide accurate and complete contact information and update it within 7 days after any change (see Section 4). Under the ICANN Registrar Accreditation Agreement, your email address must be verified (please check your spam folder if our message is not in your inbox), and if it is not verified within 15 days after the request, the domain may be suspended. Providing false information, or failing to respond within 15 days to an inquiry about its accuracy, is grounds for suspension or cancellation.

11.2 Registration Confirmation: A domain is not registered until the relevant registry confirms the registration and the domain appears in your Foxeep account. Because a very large number of domains are registered every day around the world, the Company is not responsible if another party registers the name before your order is completed. Nor is it responsible for pricing errors, which we may correct (see Section 3.6), or for spelling errors in the domain name you choose.

11.3 Right of Use: Registering a domain gives you the right to use it for the paid term under these terms and the applicable policies. It does not give you ownership of any trademark that may be associated with or similar to the domain name.

11.4 Third-Party Rights: You represent that the registration and use of the domain do not infringe the rights of any party, including trademarks protected under the Lanham Act and the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and that they are not for any unlawful purpose (see Section 20.1.4).

11.5 Disputes: You agree to submit to mandatory administrative proceedings under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the Uniform Rapid Suspension System (URS), and you acknowledge that we and the sponsoring registrar will comply with their decisions and with court orders concerning your domain (see Section 24.3).

11.6 Domain Expiration: If your domain is not renewed before its expiration date, it will stop working and may be pointed to a page stating that it has expired and explaining how to renew it. Most generic domains have a grace period of up to 30 days, depending on the registry, during which they can be renewed at the regular renewal price, followed by a Redemption Period of about 30 days during which the domain can be restored only for a restoration fee. Late renewal and restoration fees for each extension are shown on the domain pricing page and in the Client Area before payment (see Section 12.3). Expired domains that are not renewed may be deleted, auctioned, or registered by others.

11.7 WHOIS Privacy: WHOIS privacy is provided free of charge for the first year to keep your personal information from public view, and then renews automatically each year at the price shown at checkout and in the Client Area unless you turn it off. We may disclose your actual information where required by law, ICANN policy, or valid legal process, or to address abuse (see Section 20.3), and we may end the service if the domain is used in violation of this Agreement.

11.8 Country-Code Domains (ccTLDs): Country-code extensions such as .us, .ca, and .uk have their own eligibility requirements and policies. The .us extension requires a connection to the United States and is not eligible for privacy service.

12. Billing, Payment, and Renewal

12.1 Prices and Currency: All prices are shown and charged in U.S. dollars ($). Introductory prices apply to the first billing term only, and renewals are charged at the regular price shown at checkout and on the product page. If your card was issued outside the United States, your bank may add its own currency conversion fees.

12.2 Hosting Invoices and Notices: For hosting services, the due date is the renewal date shown in the Client Area. A separate invoice is issued for each renewal period 10 days before the due date for monthly, quarterly, and semi-annual plans and 15 days before the due date for annual and longer plans, stating the amount and the date of the automatic charge. If the invoice is still unpaid, a payment reminder is sent 5 days before the due date. If the invoice is not paid, we send overdue notices 1, 4, and 23 days after the due date, and your hosting is suspended on the fifth day after the due date. The day-23 notice is the final notice before your website, its data, and its backups are permanently deleted from the Company's servers on the thirtieth day after the due date (see Section 14.4). After deletion, Foxeep, Inc. is not responsible for the loss of your website's content and data.

12.3 Domain Invoices and Notices: The due date for a domain renewal is 7 days before the domain's expiration date, so that the renewal can be completed with the registry in time, and the renewal invoice, stating the amount and the date of the automatic charge, is issued 30 days before the due date. To help keep your project running, Foxeep, Inc. sends payment reminders to your account email address 14, 7, and 5 days before the due date, a renewal reminder 7 days before expiration if the domain has not yet been renewed, and two notices 1 day and 25 days after expiration, in accordance with the ICANN Expired Registration Recovery Policy (ERRP). We strongly recommend renewing your domains before their due date to avoid any interruption to your website, because a late renewal may result in the loss of the domain (see Section 11.6). You are responsible for keeping the email address in your account valid (see Section 4.1).

12.4 Payment Method: By completing payment, you confirm that you are authorized to use the payment method you used or are using.

12.5 Advance Payment: You agree to pay the fees for the services in your order. All fees are payable in advance for the entire billing term selected, by one of the payment methods available on the checkout page (such as bank cards, PayPal, bank transfer, Google Pay, or Apple Pay), and we are not required to provide any service before its invoice is paid. If you pay by bank transfer, your services will be activated only after the funds are confirmed as received, which may take 3 to 15 days depending on the country, the bank, and how it deals with U.S. banks.

12.6 Automatic Renewal: To keep your project running without interruption, Foxeep, Inc. services are set to renew automatically. Each service renews for a term equal to its previous term at the regular renewal price unless you cancel it or turn off automatic renewal. In accordance with the Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8401 et seq., the Delaware Automatic Renewal Law, 6 Del. C. § 2731 et seq., and similar laws, we show you the renewal terms, the renewal price, and the cancellation deadline before you place your order, and we ask for your express consent, which you give by clicking the “Complete Purchase” button directly below the agreement notice on the checkout page and which we record together with the date, time, and IP address. By giving your consent, you expressly authorize the Company to charge the renewal fee to the payment method saved in your account 3 days before the due date, and, if the charge fails, to retry it on the due date and once more 3 days after the due date.

12.7 Renewal and Cancellation Notices: Every renewal invoice and payment reminder states the renewal date, the renewal price, the date of the automatic charge, the cancellation deadline, and the cancellation link; for services with a term longer than one month, including domains, the renewal invoice is sent 30 days before the due date. For monthly services, we send a receipt for each charge and an annual reminder of your subscription and how to cancel it. You can cancel any service or turn off its automatic renewal online in the Client Area without having to contact us. To avoid the next renewal charge, you must turn off automatic renewal at least 5 days before the due date.

12.8 Failed Payments: If a payment fails, we may continue trying to charge the saved payment method. Hosting services are suspended 5 days after the due date and terminated 30 days after the due date (see Sections 14.2 and 14.4). Before termination, we send you several notices: before renewal, when a payment fails, and after the due date. Foxeep, Inc. is not responsible for any losses (including files, databases, email, and domain names) resulting from suspension or termination for non-payment after these notices have been sent.

12.9 Chargebacks: If you believe that Foxeep, Inc. charged you in error, contact us at our billing email address (see Section 25.3) within 60 days after the invoice date. Our billing team will review your request, respond within 24 hours, and promptly correct any confirmed error. If you dispute a payment with your bank or with PayPal, the affected services may be suspended until the dispute is resolved, without limiting your rights under the Fair Credit Billing Act, 15 U.S.C. § 1666, or the Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. An administrative fee of $25 applies only to a dispute resolved in our favor, and any amounts owed must be paid before the services are reactivated.

12.10 Price Changes: Foxeep, Inc. may change its prices. A new price applies to your services only from your next renewal. We will notify you by email as soon as the change is decided, even if your renewal is up to a year or more away, and in any case at least 30 days before your renewal date, stating the new price and providing the online cancellation link. If you do not agree to the new price, you may cancel or turn off automatic renewal before it takes effect.

12.11 Taxes: Prices do not include sales tax or similar taxes. We add them where required by law, based on your billing address.

13. Money-Back Guarantee and Refunds

13.1 Refund Policy: The Refund Policy is an integral part of this Agreement (see Section 3.2) and explains in detail when and how refunds are made.

13.2 30-Day Guarantee: If you cancel a new hosting plan within 30 days after your first payment, we will refund the hosting fees paid, except for the $1 first-month offer amount, which is non-refundable (see Section 6.1).

13.3 Renewal Refunds: If a plan renews automatically and you request its cancellation within 5 days after the renewal charge, we will refund the renewal amount in full or in part, depending on the type of service.

13.4 Non-Refundable Amounts: Domain registration, transfer, and renewal fees are non-refundable once the transaction is confirmed (see Sections 10 and 11), as are premium domains, ICANN fees, issued SSL certificates, third-party licenses (see Section 21), and completed professional services, except where a registration or transfer fails or we make an error.

13.5 Refund Method: Refunds are issued to the original payment method (such as a bank card or PayPal). Card refunds usually appear within 5 to 10 business days, depending on the bank and the country. If a refund cannot be made to the original payment method, we will credit the amount to your account balance or refund it by an alternative method that we agree on with you.

14. Suspension and Termination

14.1 Cancellation by You: When you cancel a service, the cancellation takes effect at the end of the current term unless you request immediate cancellation. We process cancellation requests within one business day and confirm them to you by email (see Section 12.7).

14.2 Suspension by Us: We may suspend or terminate the services for non-payment (see Section 12.8), for violation of this Agreement (such as the acceptable use rules in Section 20), to comply with the law or a court order, or to prevent harm to the services, our customers, or others. Where reasonable, we will notify you and give you an opportunity to cure. We may also refuse or terminate any service for any other legitimate reason; in that case, we will refund the prorated value of the unused prepaid term if the termination is not due to your violation of this Agreement, and we will not refund it if the termination is due to your violation.

14.3 Discontinuation: If continuing to provide a service becomes impractical for technical, legal, or regulatory reasons, we may terminate it with at least 7 days' prior notice, provide you with a copy of your data where technically feasible, and refund the unused prepaid term on a prorated basis.

14.4 Content Deletion: After termination for non-payment, Customer content and its backups are permanently deleted on the thirtieth day after the due date and cannot be recovered (see Section 12.2). After termination for any other reason, the content may be deleted 15 days after termination, or immediately if the termination results from a serious violation or from your request for immediate cancellation, and we are not required to retain it after that unless the law requires us to.

14.5 Survival: Provisions that by their nature should survive the end of this Agreement will survive, including fees owed, disclaimers and limitations of liability (Section 15), indemnification (Section 15.6), and dispute resolution (Section 24).

15. Limitation of Liability and Indemnification

15.1 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOXEEP, INC. OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE AFFECTED SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

15.2 Data Protection: Our Privacy Policy explains how we collect, use, and protect personal information. We apply administrative, technical, and physical safeguards appropriate to the nature of the services, without expanding the scope of our liability as limited in this Section.

15.3 Exclusions: These limitations do not apply to liability that cannot lawfully be limited, such as liability for gross negligence, willful misconduct, or fraud.

15.4 Technical Failures: These limitations also apply to losses resulting from failures of networks, servers, software, or hardware, and to the loss or corruption of data (see Section 9).

15.5 Services "As Is": EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT (SUCH AS THE UPTIME GUARANTEE IN SECTION 8), THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOXEEP, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICES OR FOXEEP.COM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, THAT NO DATA WILL BE LOST, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

15.6 Indemnification: You agree to defend, indemnify, and hold harmless Foxeep, Inc. and its affiliates from and against any third-party claims, losses, and expenses (including reasonable attorneys' fees) arising from your content (see Section 19), your use of the services, your End Users under reseller plans (see Section 6.6), your domains (see Sections 10 and 11), or your breach of this Agreement or of the law.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable under the laws of the United States of America or the State of Delaware, or by a court decision, the validity of the rest of this Agreement will not be affected. As a matter of good faith and compliance with applicable law, Foxeep, Inc. will amend the unenforceable provision or provisions only to the minimum extent necessary to preserve the general rights of the Company and its customers (see Section 23.6).

17. Assignment and Resale

Your rights under this Agreement may not be assigned, transferred, or conveyed to any third party without the Company's consent, and any attempt to do so makes this Agreement subject to termination at the Company's discretion (see Section 14.2). Likewise, you agree not to reproduce, copy, sell, resell, or exploit any of the services provided to you by Foxeep, Inc. without the written consent of its management, except for licensed reseller plans described in Section 6.6. You may contact the Company about this at our technical support email address (see Section 25.1).

18. Technical Support

18.1 Support Channels: Technical support is included free of charge with hosting services through the ticket system in the Client Area and is available around the clock to customers with active services (see Section 25.6). Our sales email address (see Section 25.2) and the public ticket link (see Section 25.7) remain open to everyone for questions and pre-sales guidance.

18.2 Scope of Support: Our team will help you set up and run the services we provide and will try to help with related questions within the limits of our expertise, without guaranteeing that every issue will be resolved or that any particular result will be achieved.

18.3 Access Authorization: When you open a support ticket, you authorize our team, where necessary, to access your Client Area, control panel, hosting account, and associated domains to the extent needed to review and resolve your request.

18.4 Inability to Continue: If we are unable to continue working on a request, we will explain the problem and its cause, if known, why we cannot proceed, and what we have done up to that point.

18.5 Outside the Scope of Support: Issues with third-party software, custom development, design work, and excessive or unusually time-consuming requests are outside the scope of included support, and we may decline them or provide them for a fee announced in advance.

18.6 Abusive Communications: We may refuse or restrict support in the case of abusive or threatening communications or harassment of our team, and we will explain the reason to you.

19. Your Content and Responsibilities

19.1 Content Ownership: You retain all rights in the websites, files, data, email, and any other content you upload or transmit ("Customer Content"), and you grant us a limited, non-exclusive license to host, copy, cache, transmit, and display it solely to the extent necessary to provide, secure, and support the services.

19.2 Content Responsibility: You alone are responsible for the content of your website, including content posted by its users and visitors, for holding the rights necessary for it, and for its compliance with the law, including the privacy, consumer protection, and accessibility notices that apply to your website (see Section 15.6).

19.3 Software Updates: You are responsible for updating and securing the software you install, including the WordPress core, themes, and plugins, except on the Managed WordPress plans described in Section 6.4.

20. Acceptable Use of Our Services (AUP)

20.1 Prohibited Uses: You may not use the services, or allow others to use them, to:

20.1.1 violate any federal, state, local, or international law or regulation, including export control and sanctions laws (see Section 23.2);

20.1.2 send unsolicited bulk or commercial messages (spam), violate the CAN-SPAM Act, 15 U.S.C. § 7701 et seq., operate open relays, or purchase and use mailing lists;

20.1.3 host or distribute malware, phishing pages, botnets, command-and-control servers, or exploit tools, or carry out port scans, brute-force attacks, or denial-of-service (DDoS) attacks;

20.1.4 infringe any copyright, trademark, patent, trade secret, or other intellectual property right (see Sections 11.4 and 22);

20.1.5 host pirated software, torrent file-sharing sites, or cracking tools (cracks/keygens);

20.1.6 forge or conceal the sender of an email (spoofing);

20.1.7 sell prescription drugs or controlled substances without the required license;

20.1.8 collect or store sensitive personal information (such as full card numbers or Social Security numbers) without the protection required by law;

20.1.9 host child sexual abuse material, which we report to the National Center for Missing & Exploited Children (NCMEC) under 18 U.S.C. § 2258A, non-consensual intimate images, or content that promotes terrorism or incites violence;

20.1.10 engage in fraud, deceptive practices, identity theft, or illegal gambling, or sell illegal drugs, weapons, or counterfeit goods;

20.1.11 harass, threaten, or defame others, violate their privacy or publicity rights, or publish anyone's personal information without permission (doxing);

20.1.12 mine cryptocurrency, run public proxy or VPN servers or game servers, or use shared hosting primarily for file storage, backups, or streaming unrelated to a website;

20.1.13 resell the services without a reseller plan (see Sections 6.6 and 17), or attempt to bypass account limits or security controls.

20.2 Resource Limits: Shared plans are subject to the CPU, memory, process, file, and input/output limits described in our knowledge base (see Section 6.2.1). "Unmetered" bandwidth means that we do not charge for data transfer under normal use; it does not mean unlimited resources.

20.3 Investigations and Enforcement: We may investigate suspected violations, remove content, suspend or terminate services, and cooperate with law enforcement (see Section 14.2). Where practical and lawful, we will notify you and give you an opportunity to cure first, except in cases of security threats, legal risk, or harm to others. The full Acceptable Use Policy applies in addition to this Section. If you notice a violation, please report it to our abuse email address (see Section 25.4).

21. Third-Party Services

Some or all of the services provided by Foxeep, Inc. may include third-party software that the Company did not develop and does not maintain (such as cPanel or WHMCS, mentioned in Sections 3.8 and 6.6.5), used to improve the customer experience and our customers' services. By obtaining the Company's services, you acknowledge that the Company is not responsible for the availability, maintenance, or official support of this software and cannot guarantee its functionality. Even so, the Company makes reasonable efforts to keep the Customer's services running, subject to the uptime guarantee in Section 8 and the force majeure provisions in Section 23.3.

22. Intellectual Property and DMCA Notices

22.1 Our Intellectual Property: The services, foxeep.com, our software, and our trademarks and logos are all owned by Foxeep, Inc. or its licensors and are protected by Delaware law, U.S. federal law, and international law. No rights are transferred to you other than the limited right of use expressly granted in this Agreement, and you may not use our trademarks without the Company's written consent.

22.2 DMCA Notices: We respond to notices of infringement under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Notices should be sent to our designated DMCA agent at legal@foxeep.com (see Section 25.5) or by mail to: Foxeep, Inc., Attn: DMCA Agent, 16192 Coastal Hwy, Lewes, DE 19958, USA. A notice must include:

22.2.1 a physical or electronic signature of the copyright owner or its authorized agent;

22.2.2 identification of the copyrighted work;

22.2.3 identification of the infringing material and its location (the direct URL);

22.2.4 your contact information;

22.2.5 a statement of good faith belief that the use is not authorized;

22.2.6 a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

22.3 Counter-Notices: If your content is removed, you may submit a counter-notice under 17 U.S.C. § 512(g), and we will restore the content within 10 to 14 business days unless the complainant files a lawsuit. In appropriate circumstances, we terminate the accounts of repeat infringers.

23. General Provisions

23.1 Amendments: We may amend this Agreement and our policies when necessary (see Section 2). The current version is always posted on this page with its last updated date. We will notify you at the email address registered in your account at least 30 days before material changes take effect, unless legal, regulatory, or security considerations require otherwise. Your continued use after the effective date constitutes acceptance of the changes; if you do not agree, you may cancel before they take effect (see Section 14.1). Minor changes that do not reduce your rights (such as clarifications or updated contact details) take effect when posted.

23.2 U.S. Sanctions: You represent to Foxeep, Inc. that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions; that you are not listed on the Specially Designated Nationals and Blocked Persons (SDN) List maintained by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury or on any other U.S. government restricted party list; and that you will not use the services in violation of the OFAC regulations (31 C.F.R. Chapter V) or the Export Administration Regulations (EAR). We may refuse, block, suspend, or terminate the services where necessary to comply with these laws (see Section 14.2).

23.3 Force Majeure: We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, pandemics, war, terrorism, labor disputes, government action, utility or internet outages, and large-scale cyberattacks.

23.4 Assignment: You may not assign this Agreement without our written consent (see Section 17). We may assign it in connection with a merger, acquisition, or sale of assets.

23.5 Entire Agreement: This Agreement and the documents incorporated into it (listed in Section 3.2) constitute the entire legal agreement between us regarding the services and supersede any prior agreements. If this Agreement conflicts with any of those documents with respect to a specific service, the more specific provision governs that service, but only to the extent of the conflict; in all other respects, this Agreement prevails.

23.6 Severability and No Waiver: If any provision is held unenforceable, the remaining provisions remain in effect (see Section 16). Our failure to enforce any provision is not a waiver of it.

23.7 Notices: All notices concerning accounts, services, invoices, support tickets, and other matters are sent to the email address registered in your Client Area account at https://my.foxeep.com (see Section 3.2). Legal notices to the Company must be sent to our Legal Department email address (see Section 25.5).

23.8 Consumer Rights: Nothing in this Agreement limits any right that cannot be waived by contract under consumer protection laws, including the Delaware Consumer Fraud Act, 6 Del. C. § 2511 et seq., or deprives you of the mandatory protections granted to you by the laws of the state or country where you reside.

23.9 Language: This Agreement may be made available in Arabic, French, and Spanish for convenience and ease of understanding. The English version is the controlling reference version in the event of any conflict or difference in interpretation between versions, to the extent permitted by applicable law and without prejudice to any mandatory language rights or requirements established by law.

24. Governing Law and Dispute Resolution

24.1 Governing Law: This Agreement is governed by applicable U.S. federal law and the laws of the State of Delaware, without regard to conflict-of-laws rules. The arbitration agreement in this Section is governed by the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

24.2 Binding Arbitration: If a dispute, claim, or controversy arising out of this Agreement or the services provided by Foxeep, Inc. cannot be resolved informally within 30 days after you write to the Company's management at legal@foxeep.com (see Section 25.5), it will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individuals) or its Commercial Arbitration Rules (for businesses). The arbitration will take place in Lewes, Delaware, or remotely by video or in writing, at the Customer's choice, and judgment on the award may be entered in any court of competent jurisdiction. For consumer claims, the Company will pay the AAA fees and the arbitrator's compensation under the AAA Consumer Fee Schedule, to the extent they exceed what the Customer would have paid to file a claim in court.

24.3 Exceptions: Either party may bring an individual claim in small claims court, or seek injunctive relief for the infringement or misuse of intellectual property (see Section 22). Domain disputes may be heard under the UDRP or URS (see Section 11.5) or before a court of competent jurisdiction as those policies permit.

24.4 Right to Opt Out of Arbitration: You may opt out of this arbitration agreement by writing to legal@foxeep.com (see Section 25.5) within 30 days after you first accept this Agreement, stating your name, your account email address, and your clear intent to opt out. Opting out does not affect the remaining terms.

24.5 Class Action Waiver: EACH PARTY AGREES TO BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND BOTH PARTIES WAIVE TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. If this waiver is found unenforceable as to a particular claim, that claim will be heard by a court of competent jurisdiction rather than in class arbitration, and the remainder of this Section will remain in effect.

24.6 Mass Arbitration: If 25 or more similar arbitration demands are filed by or with the assistance of the same counsel, or in coordination with one another, the AAA Mass Arbitration Supplementary Rules will apply, the demands will be administered in successive batches in good faith, and statutes of limitations will be tolled for the demands awaiting administration.

25. Customer Service and Contact

25.1 Technical Support: support@foxeep.com

25.2 Sales and Pre-Sales Guidance: sales@foxeep.com

25.3 Billing and Accounts: billing@foxeep.com

25.4 Abuse Reports: abuse@foxeep.com

25.5 Legal Department: legal@foxeep.com

25.6 Customer Ticket System (Client Area): https://my.foxeep.com

25.7 Public Ticket and Inquiry System: https://foxeep.com/support