WURK
WURK - Hosting Agreement
Last Revised: 03/12/2024
1. Overview
The Universal Terms of Service Agreement ("the Agreement") sets forth the
general terms and conditions of your use of the Site and the Services. This
Hosting Service Agreement this (“Service Agreement”) governs your use of
WURK’s Hosting services “Hosting Services”). Capitalized terms used, but not
defined, in this Service Agreement, are defined in the Agreement.
2. DESCRIPTION OF SERVICES
1. Web Hosting: Web Hosting plans place your site within one or more
servers. Resources are shared between many customers on the same
servers; however, your site is given a unique address (DNS)
2. Business Hosting: Managed Hosting plans, you get all of the benefits of
having your own VPS or Dedicated Server, but we will manage the server
for you including setting up your control panel, patching cycles and back-
ups
3. Managed WordPress Hosting: Managed WordPress Hosting plans give
you a streamlined and optimized experience to build and manage
WordPress sites. We handle the basic hosting administrative tasks,
including: installing WordPress, automated daily backups, WordPress
core updates and server-level caching
4. Virtual Private Server (“VPS”): VPS plans place your site within a server
shared with other customers, but you will have full control over your
server space and the complete configuration of your virtual instance on
the server. You will have administrator (root) access and a dedicated IP
address
5. Dedicated Server: Dedicated Server plans reserve an entire server
exclusively for your account and usage. You will have exclusive rights to
1your server's bandwidth, memory, and storage space, and your server’s
performance will not be affected by traffic and the usage patterns of other
customers
6. Managed Support: Managed Support plans are monthly subscription
plans that provide you with root/administrative access to the service and
Plesk or cPanel. We handle core patching, security, monitoring and
backups. Additional configurations and installations can be performed for
an additional fee
7. Fully Managed Support: Fully Managed Support plans are monthly
subscription plans that provide you with the option to enable
root/administrative access and we will handle core patching, security,
monitoring, and backups. Additional Expert Services are included with the
subscription
8. Hosting Premium Support/Expert Services: Hosting Premium Support/
Expert Services (“Expert Services”) are additional custom support
services available for a set fee. These Expert Services can provide
assistance if you need an experiences server administrator for
complicated tasks, including: optimizing databases, configuring firewalls,
or moving content
9. Hosting Backup: Hosting backup and plans save all your website files to
the cloud once per day. Storage limits may apply based upon the backup
plan that you have purchased. These backup and restore services are
available with website hosting plans and may be available for an
additional fee with our other hosting service plans. For hosting backup
services available as part of a Hosting subscription plan, those services
will be canceled if the Hosting subscription plan is canceled.
3. ACCOUNT TERMINATION; LIMITATIONS
1. Migration of Servers: You acknowledge and agree that as a normal
course of business, it may be necessary for us to migrate our servers. As
a result, even if you have a dedicated IP, you may be assigned a different
IP number. We do not warrant that you will be able to consistently
maintain your given IP numbers.
2. Termination of Hosting Services: You acknowledge and agree that
upon expiration or termination of your Hosting Services, you must
discontinue use of the Hosting Services and relinquish use of the IP
addresses and server names assigned to you in connection with Hosting
Services, including pointing the domain name system (“DNS”) for your
domain name(s) away from our servers. Prior to termination of the
Hosting Services, you are responsible for moving your website or server
content off our servers. We will not transfer or FTP your website or server
content to another provider. If you fail to move your website or server
content off our servers prior to cancellation, we will delete all such content
and we will not be able to provide a copy of such content.
3. Free Products Credits: Upon termination of the Hosting Services, all
free products provided as part of the Hosting Services will be cancelled or
revoked.
4. Notice Regarding Licensed Images on Migration or Export (where
available): Subject to all other applicable licenses terms and conditions,
images available and licensed for use are intended for WURK hosted
customers only and are subject to the terms and conditions of third-party
intellectual property rights and licensing restrictions. To the extent you
wish to export or migrate your hosted product or service to another
service provider (if available as an option), it is solely your responsibility to
ensure your continued right to use any images incorporated therein, and
you acknowledge and agree that WURK does not warrant and shall have
no responsibility for any claims resulting from your continued use after
migration and/or termination (whichever occurs first).
5. Storage Capacity: The total amount of usable storage capacity for
your particular Hosting Service(s) may differ from the represented
capacity, as there is required space for the operating system(s), system
file(s), and other supporting file(s). Additionally, Hosting Backup plans
may have storage limits.
6. Support and Functionality: To ensure continued support and
functionality of our products, features, or software that have reached end-
of-life by third-party vendors, WURK may offer unpaid or paid support and
3patches either directly or through third-party vendors. For more detailed
information please refer to our help article.
4. YOUR OBLIGATIONS; REPRESENTATIONS AND
WARRANTIES
1. Justification. You acknowledge and agree that we shall have the right
to seek justification in connection with your use of the Hosting Services,
specifically your purchase of IP addresses, and you shall be obligated to
provide any and all information reasonably sought by us pursuant to such
justification. In connection with such purchase, you acknowledge and
agree that your name and justification may be disclosed to certain
registries including, but not limited to, the American Registry of Internet
Numbers, in accordance with policies promulgated by any and all such
registries and such information may be displayed publicly on the Whois
database.
2. Abusive Activities and Other Threats. You acknowledge and agree
that you may not use our servers and your website as a source,
intermediary, reply to address, or destination address for mail bombs,
Internet packet flooding, packet corruption, denial of service, or other
abusive activities that threaten the stability of our network or will damage
the systems of, or cause a disruption of internet services to, WURK, our
customers, or third-parties. Server hacking or other perpetration of
security breaches is prohibited and we reserve the right to remove sites
containing information about hacking or links to such information. Use of
your website as an anonymous gateway is prohibited. We prohibit the use
of software or scripts run on our servers that cause the server to load
beyond a reasonable level, as determined by us. You agree that we
reserve the right to remove your website temporarily or permanently from
our servers if you are in violation of this Service Agreement and/or there
are activities that threaten the stability of our network. You acknowledge
and agree that all websites associated with your hosting account may be
removed if one website is in violation of this Service Agreement. You
further acknowledge and agree that WURK reserves the right to scan your
4hosted account for malicious content (e.g., malware), and that, in the
event any such content is discovered, WURK may take whatever steps it
deems reasonably necessary to mitigate or remediate any security threat
relating to such malicious content, including but not limited to disabling
access to your account, or removing your hosted account entirely.
3. Storage and Security. You shall be solely responsible for undertaking
measures to:
(i) prevent any loss or damage to your website or server
content;
(ii) maintain independent archival and backup copies of your
website or server content; and
(iii) ensure the security, confidentiality and
integrity of all your website or server content transmitted through or stored
on our servers.
Our servers are not an archive and we shall have no liability to you or any
other person for loss, damage or destruction of any of your content. The
Hosting Services are not intended to provide a PCI (Payment Card
Industry) or HIPAA (Health Insurance Portability and Accountability Act)
compliant environment and therefore should not be used or considered as
one. You shall not use the Service in any way, in our sole discretion, that
shall impair the functioning or operation of our services or
equipment. Specifically by way of example and not as a limitation, you
shall not use the Hosting Services as:
(i) a repository or instrument for
placing or storing archived files; and/or
(ii) placing or storing material that
can be downloaded through other websites. You acknowledge and agree
that we have the right to carry out a forensic examination in the event of a
compromise to your server or account.
4. Website/Server Content. You shall be solely responsible for providing,
updating, uploading and maintaining your website or server and any and
all files, pages, data, works, information and/or materials on, within,
displayed, linked or transmitted to, from or through your website or server
including, but not limited to, trade or service marks, images, photographs,
illustrations, graphics, audio clips, video clips, email or other messages,
meta tags, domain names, software and text, all of which is User Content
as defined in the Universal Terms of Service Agreement. You
acknowledge and agree that in the course of providing you with technical
5assistance, it may be necessary for our support staff to modify, alter or
remove the content of your hosted product. Your website or server
content shall also include any registered domain names provided by you
or registered on behalf of you in connection with the Hosting Services.
If access to a third-party hosting website is required in the provision of any
Service, you represent and warrant that you are authorized to provide us
with access to the third-party hosting account for the purposes of this
Service Agreement. You agree that you retain sole contractual and any
other legal or fiduciary responsibilities related to your third-party hosting
account.
If you request that we install any Third Party Software (defined below) not
provided as part of the Hosting Services, you represent and warrant that
(1) you have the right to use and install the Third Party Software,
(2) you have paid the applicable licensing fees for the Third Party Software,
and
(3) the Third Party Software does not and shall not infringe on the
intellectual property rights of any other person or entity.
5. PROVISIONS SPECIFIC TO WEB, BUSINESS AND
MANAGED WORDPRESS HOSTING
1. Storage and Plan Limits. All Web Hosting and WordPress Hosting
plans, including the unlimited plans, are subject to a limit of no more than
250,000 inodes per account for Linux® hosting accounts or 500,000 files
and folders per account for Windows® hosting accounts, and all plans are
limited to no more than 100GB of disk storage. The plans are also limited
to no more than 1,000 tables per database and no more than one
gigabyte of storage per database. Any account or database that exceeds
these limits may be issued a network violation warning and will be
required to reduce the number of inodes, files and folders, tables or
gigabytes (as the case may be), or may be temporarily or permanently
suspended, in our sole discretion. All Linux hosting plans are subject to
6the following limitations: no more than a) 25% of one CPU core; b) 512MB
of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s
disk IO. In the event these limitations are exceeded, your site may slow
down or not be served until more resources are added. More resources
may be added for additional fees.
WordPress Hosting may only be used to host a WordPress website. Only
a single WordPress installation is allowed per website. Any WordPress
hosting account found to be hosting a non-WordPress website may be
issued a network violation warning and will be required to remove the
non-WordPress website, or may be temporarily or permanently
suspended, in our sole discretion. Additionally, you may be required to
purchase an appropriate hosting plan in order to host the non-WordPress
site should you wish to continue hosting the non-WordPress site on our
network.
Free Trial hosting credits are subject the following limitations: no more
than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website
connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes;
g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these
limitations are exceeded, your site may slow down or not be served until
more resources are added. More resources may be added by upgrading
to a paid plan.
You acknowledge and agree that inbound UDP is not supported in shared
hosting environments.
2. Website Metrics. As part of the Service, and for continued
improvement, you are opted into Real User Metrics (RUM) and Google
Core Web Vitals (CWV). This allows us to identify internal bottlenecks and
optimization opportunities by inserting a small snippet of JavaScript code
into customer websites. The snippet of JavaScript code allows us to
measure and track the performance of your website and collects
information such as connection time and page load time. We don't collect
any user information with RUM. The data we collect allows us to improve
7our systems, optimize DNS resolution, improve network routing and
server configurations.
3. Website/Server Content. Your website may not include any of the
following content:
(a) image hosting scripts that allow an anonymous user to upload an
image for display on another website (similar to Photobucket or Tinypic);
(b) banner ad services for display on other websites or devices
(commercial banner ad rotation);
(c) file dump/mirror scripts that allow an anonymous user to upload a file
for other to download (similar to rapidshare);
(d) commercial audio streaming (more than one or two streams);
(e) push button mail scripts that allow the user to specify recipient email
addresses;
(f) anonymous or bulk SMS gateways;
(g) backups of content from another computer or website;
(h) Bittorrent trackers; or
(i) any script that causes a degradation in the performance of our server
or network environment.
4. Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and
WordPress Hosting plans are designed to host most personal, small
business and organization websites, and thus we offer unlimited
bandwidth and some plans offer unlimited disk space and websites. This
means that we do not set a limit on the amount of bandwidth, websites or
disk space you may use in the operation of your website, provided it
complies with this Service Agreement. In the event the bandwidth,
number of websites or disk space usage of your website presents a risk to
the stability, performance or uptime of our servers, data storage,
networking or other infrastructure, you may be required to upgrade to a
VPS or Dedicated Server, or we may take action to restrict the resources
your website is utilizing.
5. Website Accelerator Service. Our Website Accelerator service
(“Website Accelerator”) provides a content delivery network (CDN) designed
8to optimize your website performance through caching and secure distribution
of static website content on a network of nationally dispersed servers. You
acknowledge and agree that your website content will be stored throughout
the United States. You acknowledge and agree that Website Accelerator may
be discontinued or suspended at any time, and your participation is subject to
eligibility, as detailed below.
In order to be eligible for Website Accelerator, you acknowledge and agree
that you meet and will keep in compliance with the following criteria:
1) your website must be hosted in Phoenix, AZ;
2) your domain name and hosting must be in the same account;
3) you must have DNS with us;
4) you must not use DNSSEC;
5) you may not have or add SSL certificates; if you add an SSL with CDN
activated, the SSL certificate will not function;
6) you must have an Ultimate web hosting plan; and
7) you may not change operating systems.
6. PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING
1. Server Access. If you purchase MS SQL or Managed Backups, you
hereby authorize us to log into your server for purposes of installing and
configuring the MS SQL or Managed Backups.
2. IP Addresses. You acknowledge and agree you are required to begin
using at least ninety percent (90%) of your purchased IP addresses within
thirty (30) days of assignment of such IP addresses to you. In the event
you do not begin using at least ninety percent (90%) of your assigned IP
addresses within thirty (30) days of assignment, you acknowledge and
agree that we shall have the right to reclaim any unused IP addresses.
3. FTP Back-Up. We offer an FTP Backup option for an extra fee. You
acknowledge and agree that purchasing FTP Backup may require
additional down time to install and maintain. You further acknowledge and
agree that in utilizing the FTP Backup option, you shall be subject to a
9maximum disk space and bandwidth usage according to the plan you
purchase. Subject to the terms and conditions of this Service Agreement,
we shall use commercially reasonable efforts to provide FTP Backup
services on a twenty-four (24) hours per day, seven (7) days per week
basis throughout the term of this Service Agreement. You acknowledge
and agree that from time-to-time the FTP Backup services may be
inaccessible or inoperable for any reason, including, without limitation:
(a) equipment malfunctions;
(b) periodic maintenance procedures or repairs that we may undertake
from time to time; or
(c) causes beyond our control or that are not reasonably foreseeable
including, but not limited to, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network congestion or
other failures. FTP Back-up may not be available on all hosting plans.
(d) Configuration Add-Ons. We offer multiple configuration options
(“Configuration Add-Ons”) for an extra fee. The specific Configuration
Add-Ons available depend on which hosting package you purchase, but
may include a control panel, database, external firewall or RAID. You
acknowledge and agree that installing a Configuration Add-On will use
some of your available storage, may require additional provisioning time,
will require us to install Third Party Software (defined below), third party
hardware or internally developed custom software to your server, and, in
some cases, may limit the versions of Third Party Software available for
use with your server. Third Party Software, third party hardware and
internally developed customer software will be supported by us. If you
wish to cancel RAID, you will be required to cancel your server and
purchase a new one.
Plesk. In the event you add Plesk to your server, you agree to be bound by
the PleskEula, which is hereby incorporated by reference.
cPanel. In the event you add cPanel to your server, you agree to be bound
by the cPanel EULA, which is hereby incorporated by reference.
10cPanel Fair Usage Policy:
This policy is a guide to understand the intended uses of our Services, and to
prevent exploitation and abuse of the unlimited features offered in our plans. VPS
and dedicated hosting with cPanel offers unlimited number of accounts. Although
we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts
will be considered normal, reasonable use. We evaluate your usage in
comparison to typical levels of usage engaged in by other users. In the event that
you exceed this threshold, WURK may in its sole and absolute discretion, assess
additional usage charges for accounts in excess of the threshold or restrict
additional accounts from being created. Where possible, WURK will provide a
notice of your usage in excess of the normal use.
7. PROVISIONS SPECIFIC TO MANAGED SSL
If you purchased Managed SSL and are using an SSL certificate on a website
hosted by us, we will generate and securely store a corresponding private key.
For security reasons, at no time will we release your private key, even per
your request. If you wish to export your SSL certificate for use on a non-
WURK server, request a re-key of the SSL certificate - your current SSL
certificate will become invalid and we will issue a new certificate for use on
your non-WURK server.
We will automatically validate, issue and install the new certificate every two
years for subscribing customers using our hosting products. Customers using
3rd party hosting products will be required to reinstall the new certificate after
we automatically validate and issue a new certificate. We will alert customers
when to take action via the product dashboard and email.
You are permitted to assign a representative the authority to:
(1) sign and submit, or approve a certificate request on your behalf,
(2) sign and submit a Subscriber Agreement on your behalf and/or
(3) to acknowledge the Terms of Use on your behalf, provided you
acknowledge and agree that you are and will remain subject to and bound by
all terms and conditions of this Agreement.
8. PROVISIONS SPECIFIC TO SUPPORT PLANS
1. WordPress (“WP”) Premium Support. If you elect to use our WP
Premium Support Services (either as a subscription or as a one-time
Service), we reserve the right to charge any or all of the fees for such
Services prior to the commencement of any work being performed. All
services, both subscription and one time, will be listed as a "Best Effort
Service." Even after taking all reasonable steps, we may not be able to
resolve certain issues. We are not responsible for and will not provide
assistance with any issue(s) that arise beyond fourteen days of any use of
WP Premium Support Services. We may install a plugin on your hosted
WordPress site for the purpose of facilitating your WP Premium Support
Services. Its purpose is to facilitate the requested change and
maintenance of your WordPress files. The plugin allows us to access,
automate updates to core files, other plugins, themes, and other files
related to the maintenance of your site. You acknowledge and agree that
you shall not use WP Premium Support Services in a manner that, as
determined by us in our sole and absolute discretion:
2. displays or advertises pornographic, X-rated, sexually explicit, or
otherwise tasteless materials, images, products or services (including, but
not limited to: massage, dating, escort or prostitution services); or
3. uses pornographic, X-rated, sexually explicit keywords or images in
video names, descriptions or listings.
4. Further, you are responsible for ensuring that any product posted for
sale on your website is in compliance with all applicable laws and
regulations where your items can be purchased. We reserve the right and
sole discretion to determine whether the sale of any particular item is
illegal or otherwise prohibited and cancel your Services.
5. Managed and Fully Managed Hosting Support Plans. If you purchase a
Managed or Fully Managed Hosting Support Plan (“Managed Hosting
12Plan”) with VPS, we may install a limited number of applications
(“Supported Applications”) on your server at your request. A full list of
Supported Applications is available from our support team upon request.
If you request the installation of a Supported Application, we will install
and configure the Supported Application on our server as long as the
server has available resources (e.g., storage, RAM, processing power) to
support that particular application.
We will then provide the primary (administrator) username and password
to you, at which point you will take over the managed and additional
configuration of that particular application. We will not be responsible for
content, customization, or any other activities associated with the
Supported Application, including any repair of the Supported Application
should it stop working.
We shall limit technical support of an inoperable Supported Application to
restoring said Supported Application to its original state (fresh installation,
with no data or customization). The backups offered with these support
plans are snapshots taken on a 10-day cycle. Restores are available upon
request and may require an additional fee.
6. Hosting Premium Support/Expert Services. If we determine that any
support request falls outside the scope of your plan, you can request
custom support services (“Expert Services”) for a fee, or on a per service
basis, which we will quote to you before providing the custom support
service. If you elect to use our Expert Services, we reserve the right to
charge any or all of the fees for such Services prior to the commencement
of any work being performed. Expert Services fees are non-refundable.
You must, within fourteen days of any Expert Services, notify us if there
are any issues with the Expert Services. We are not responsible for and
will not provide assistance with any issue(s) that arise beyond fourteen
days of any Expert Services.
7. Hosting Migrations. If you have your domain name registered with us
and the web hosting associated with the domain is provided by a third-
party, we may, at your request and in our sole discretion, attempt to assist
13you to move the web hosting for the domain name to us (“Hosting
Migration”). Hosting Migrations are provided as a courtesy service, and
we do not make any guarantee regarding the availability, possibility, or
time required to complete a Hosting Migration. Each hosting company is
configured differently, and some hosting platforms save data in an
incompatible or proprietary format, which may make us unable to assist
you in the transfer of data from a third-party host.
You are solely responsible for reviewing the functionality and accuracy of
migrated content in its new location following a Hosting Migration. If you
are satisfied with the data migration, you will need to update the DNS
record for the domain name in order to publish the website in its new
location. We will not perform website backups or archives in connection
with a Hosting Migration, and we recommend that you back up your third-
party hosted website before migration to ensure that no data is lost. You
agree not to make any changes or revisions to your website during the
migration process.
You agree that we are not liable for any delay in website resolution or loss
of data related to your Hosting Migration. Hosting Migrations are not
available for websites with over 10GB of data or more than 100,000 files.
We may install a plugin on your external WordPress site for the purpose
of facilitating your WordPress migration into our own Managed WordPress
hosting environment. This plugin will not change anything on your source
site. Its purpose is to facilitate the Hosting Migration of your WordPress
files. You are welcome to disable the plugin on your source site after the
Hosting Migration has been completed.
9. SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”)
of available time per month. If we fail to maintain this Service Uptime
Guarantee in a particular month (as solely determined by us), you may
14contact us and request a credit of 5% of your monthly hosting fee for that
month. The credit may be used only for the purchase of further products and
services from us, and is exclusive of any applicable taxes. The Service
Uptime Guarantee does not apply to service interruptions caused by:
(1) periodic scheduled maintenance or repairs we may undertake from time to
time;
(2) interruptions caused by you from custom scripting, coding or the
installation of third-party applications;
(3) outages that do not affect the appearance of your website but merely
affect access to your website such as FTP and email;
(4) causes beyond our control or that are not reasonably foreseeable; and
(5) outages related to the reliability of certain programming environments.
10. THIRD PARTY SOFTWARE
1. Definition and Scope. As part of the Hosting Services, you may be
allowed to use certain software, widgets, or other applications (“Software”)
developed, owned, or licensed by a third-party. Your use of this Software
may be subject to additional terms. If the Software is accompanied by or
requires a license agreement from the third-party provider, your use of the
Software is subject to that license agreement, in addition to this Service
Agreement.
2. Terms and Conditions Applicable to all Software and Operating
Software. You may use the Software and Operating Software solely as
part of the Services. You may not remove, modify, or obscure any
copyright, trademark, or other proprietary rights notices that are contained
in or on the Software. Additionally, you may not sell, modify, re-use
reverse-engineer, decompile, disassemble, reverse compile, create
derivative works of or attempt to derive the source code from the Software.
WURK may provide your personal information or personal information
relating to your employees or representatives to third-party providers as
required to provide the third-party Software. WURK reserves the right to
modify, change, or discontinue provision of the Software at any time.
WURK makes no representations or warranties about any third-party
Software offered in connection with the Hosting Services, and expressly
disclaims any liability.
You will indemnify, defend, and hold harmless WURK from and against
any and all claims imposed upon or incurred by WURK directly or
indirectly arising from your use or misuse of the third-party Software. The
providers of the third-party Software are third-party beneficiaries to this
Services Agreement for purposes of enforcing their rights under this
Services Agreement.
The Hosting Services may be operated in both Linux® and Windows®
environments. Each time you commission a server, we will provision the
server with the operating system you choose.
We reserve the right to modify, change, or discontinue any Third-Party
Software at any time, and you agree to cooperate in performing such
steps as may be necessary to install any updates to the Third-Party
Software. The Third-Party Software is neither sold nor distributed to you,
and you may use the Third-Party Software solely as part of the Hosting
Services. You may not use the Third-Party Software outside of the
Hosting Services. We may provide your personal information to third-party
providers as required to provide the Third-Party Software. You
acknowledge and agree that your use of the Third-Party Software is
subject to our agreement(s) with the third-party providers. In addition, if
the Third-Party Software is accompanied by or requires consent to a
service or license agreement from the third-party provider, your use of the
Third-Party Software is subject to such service or license agreement. You
may not download, install, or use any Third-Party Software that is
accompanied by or requires consent to a service or license agreement
from a third-party provider unless you first agree to the terms and
conditions of such service or license agreement. You may not remove,
16modify, or obscure any copyright, trademark, or other proprietary rights
notices that are contained in or on the Third-Party Software. You may not
reverse engineer, decompile, or disassemble the Third-Party Software,
except and only to the extent that such activity is expressly permitted by
applicable law. You acknowledge and agree that the third-party providers
(and their affiliates and suppliers) make no representations or warranties
about any Third-Party Software offered in connection with the Hosting
Services, and expressly disclaim any liability or damages (whether direct,
indirect, or consequential) arising from the use of the Third-Party Software.
You acknowledge and agree that any Third-Party Software will be
supported by us and not by the third-party providers (or their affiliates or
suppliers).
Additional Terms and Conditions Applicable to images and
Software.
The third-party providers listed in this section make no representations or
warranties about any Software offered in connection with the Hosting Services,
and expressly disclaim any liability or damages (whether direct, indirect, or
consequential) arising from the use of the Software.
You are responsible for managing and maintaining in good standing any paid
subscription and/or account required with a third-party provider. You must
cancel or terminate your paid subscription and/or account with the applicable
third-party provider and not WURK.
Your use of the following Software is subject to the applicable linked terms,
which are incorporate by reference:
Acronis Hosting Backup.
Your use of Acronis Hosting backup is subject to the software license agreement
located here.
17 Any use of any Hosting Services involving WURK’s Dedicated Servers running
on the DED4 Platform that involves You storing specially protected data is
subject to the following additional terms:
1. You will not submit through the Hosting Services any unencrypted
Protected Health Information, as defined in the Health Insurance
Portability and Accountability Act (“HIPAA”) (“PHI”);
2. You will not submit through the Hosting Services any encrypted PHI
unless the Parties have entered into a mutually acceptable Business
Associate Agreement (“BAA”) in accordance with HIPAA;
3. You will not submit through the Hosting Services any unencrypted
Personal Data subject to regulatory protection under Applicable Laws of
the United States federal, state, or local governmental authorities; and
4. You will not submit through the Hosting Services any encrypted
Personal Data without providing prior notice and obtaining prior consent
from the data subject, as required by Applicable Law.