- WHEREAS, Cooperata is an reseller of information services connected to the Internet, Cooperata offers storage and transfer services over the Internet through access to Cooperata’s contracted web service provider;
- WHEREAS, Customer seeks Cooperata’s site care service and access to its servers for its own purposes;
- WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Cooperata can make no guarantee that any given reader shall be able to access Cooperata’s web hosting service at any given time.
- Cooperata represents that it shall make every good faith effort to ensure that its web server is available as widely as possible and with as little service interruption as possible;
- NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree here to as follows;
Account: When a customer purchases any Cooperata Website Care Service, a Cooperata account is created at https://app-597b65d6f911cc188049770a.closte.com/website-maintenance. In the context of this document describing the Cooperata terms of service, “Account” refers to Cooperata Customer accounts.
Services: Cooperata Webcare includes all website maintenance services designed to enhance the continued operation of each account’s website. The term “Services” includes monthly WordPress CMS and plugin checks and updates, daily backups of the wp-content folder and the database file, database optimization, and general security scans, and optional web hosting though hosting vendors Pressable or WP Engine.
Prohibited Businesses: By registering for Cooperata Website Care or requesting support forCooperata Website Care, you are confirming that you will not use the Services to accept payments in connection with the following businesses, business activities or business practices:
- sexually-oriented or pornographic products or services
- age restricted products or services
- drug paraphernalia
- illegal products or services
- substances designed to mimic illegal drugs
- pseudo pharmaceuticals
- fortune tellers
- mail-order brides
- counterfeit goods
- negative response marketing
- engaging in deceptive marketing practices
- any product or service that infringes upon the copyright, trademark or trade secrets of any third party
- any product, service or activity that is deceptive, unfair, predatory or prohibited by one or more Card Networks.
General Terms of Service
Cooperata Website Care Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer’s Account. Customer is responsible for maintaining the security of the Account, passwords, and files, and for all uses of Customer’s Account and of the Services in Customer’s name. Cooperata reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
Cooperata reserves the right to refuse service to anyone for any reason at any time.
Your use of the Cooperata Webcare Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Cooperata does not warrant that the service will be uninterrupted, timely, secure, or error-free.
Cooperata does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Cooperata does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
You expressly understand and agree that Cooperata shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
There may be a one time fee of $250.00 for migration services performed by Cooperata staff, from any existing hosting provider. This fee is non-refundable.
Billing will stop at end of term during which the service is canceled.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via email. After the first 15 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded.
Violations of Cooperata’s Terms of Service may, at Cooperata’s discretion, result in immediate and permanent disablement without refund.
Disputed charges (“chargebacks”) associated with any Cooperata account may, at Cooperata’s discretion, result in immediate and permanent disablement.
Cooperata shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Cooperata’s Webcare Hosting server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Use ofCooperata Website Care Hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc.
Cooperata will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service documents.
Cooperata reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
Cooperata reserves the right to disconnect any website or server deemed to present a security threat to Cooperata customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Cooperata is grounds for termination of all services.
Cooperata makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Cooperata also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Cooperata Webcare is at the Customer’s own risk, and Cooperata specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Cooperata expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Cooperata specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Cooperata may, at its option and at any time, reject this material, including but not limited to after it has been put on Cooperata agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Cooperata WordPress Hosting. If the Customer fails to modify the material, as directed by Cooperata, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through Cooperata, that are ‘parked’ or are otherwise not immediately associated with a Cooperata’s Webcare hosting plan will be automatically pointed to a “Cooperata Webcare Customer Website ” web page which informs visitors that the registrant has recently registered their domain name via Cooperata. The Coming Soon web page may be modified at any time by Cooperata without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Cooperata.
Trademarks and Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
- Hardware Equipment and Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Cooperata Webcare web hosting.
- Cooperata makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Cooperata Webcare web hosting service.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Pressable WordPress Hosting will accept termination by electronic mail. Notwithstanding the above, Pressable WordPress Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Pressable WordPress Hosting reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of Cooperata’s Web Hosting’s Service is at Customer’s sole risk. Neither Cooperata, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant thatCooperata Website Care web hosting service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Cooperata Website Care web hosting service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Cooperata, its offices, agents or any one else involved in creating, producing or distributingCooperata Website Care web maintenance or web hosting service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use theCooperata Website Care service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Cooperata’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Cooperata Website Care service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- By using a promotional (“promo”, “coupon”) code you waive the option to indicate who referred you to Cooperata.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with Cooperata.
Customer agrees that it shall defend, indemnify, save and hold Cooperata or harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Cooperata, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Cooperata against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Cooperata web hosting service by Customer;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement by Customer;
- any defective product which Customer sold on Cooperata’s web hosting server.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Cooperata.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.