- Upress provides a managed WordPress hosting and support services (the "Services"), through Upress's propriety - platform, other related applications and personnel (''Website''). The websites created by Customer through the use of Upress Services referred to herein as "Customer's Website". Any third-party user and/or visitor at Customer's Website are referred as "End Users" .
- Certain Third-Party products and/or services which are not sold or licensed by Upress will be made available for Customer, at Customer's sole discretion, to enable and/or integrate it with the Services (e.g. third-party themes and plugging available through the User Portal) ("Third-Party" and/or "Third-Parties"). NOTWITSTANDING, UPRESS PROVIDING LIMITED SUPPORT, SERVICES OR ADVICE TO CUSTOMER IN RELATION TO THIRD PARTY SERVICES, UPRESS HEREBY DISCLAIM ANY AND ALL LIABILITY AND/OR WARRENTIES FOR THIRD PARTY SERVICES. SUCH SUPPORT, SERVICES AND ADVICE ARE PROVIDED IN GOOD FAITH, AS-AVAILABLE AND AS-IS, AND SOLELY FOR CUSTOMER CONVENIENCE.
- Customer acknowledge that Upress may engage Third-Parties to provide Services and/or enable Third-Parties to provide parts of the Services.
- Customer shall use the Services only for its intended purpose, in accordance with this Agreement.
- Customer shall provide Upress with all information, materials and assistance reasonably required to execute its Services for Customer.
- Upress will provide support through the means that are ordinarily available to its Customers [chat, ticket or e-mail].A user a Customer have authorized to access and/or manage its account through the User Portal shall be referred to herein as 'Authorized User".
- Upress provides Customer an access to a website for the purpose of managing Customer's account and managing Services ["User Portal].
- The scope of Services provided under the Agreement may be amended by any document showing mutual agreement between the Parties including (without limitation) email, click-through terms, your selections in the User Portal, and support ticket/s. Any additional fees associated with the amended scope of Services will be invoiced separately upon payment.
- From time to time, Upress may provide replacements for certain components of the Services or cease supporting them altogether. No such replacement or cease shall constitute a breach of the Agreement.
- Upress may release beta services, the beta services (i) may be in early stages of testing or development; (ii) are not recommended for production use; and (iii) are subject to additional disclaimers and limitations as described herewith("Beta Services").
- If you request or utilize any Beta Services, such Beta Services shall be provided on an AS-IS basis with all faults. No SLA, indemnity, representation, or warranty shall apply to Beta Services. Upress reserve the right to terminate the Beta Services at any time at its sole discretion. Upress make no representation that Beta Services will be released into production.
- HIPAA and senstive data Disclaimer: Upress is not “HIPAA” compliant. Customer are solely responsible for any required compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data (e.g finance data). Customer acknowledge that the Services not appropriate for the storage or control sensitive data, such as information about children or medical or health information. Upress does not control or monitor the information or data you store on, or transmit through, the Services. Upress specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Customer agree that Upress is not a Business Associate or subcontractor or agent of customer pursuant to HIPAA. It is further clarified that if the customer chooses to operate an e-commerce site on our platform, he must adhere to appropriate standards and working methods and refrain from processing or storing credit card information and various financial data.
- The perform of actions that cause, or may cause, over usage of computer resources that the site is stored in, including over usage of the processor and/or memory resources and/or any use other that Upress believes, in its sole discretion, that it constitutes an unreasonable use in its systems and/or resources. Without detracting from the above said, all of these, but not only, will be considered unreasonable actions, unless approved in advance and in writing by Upress:
- Hard disk – performing operations that constitute intensive IO.
- Bandwidth – use of bandwidth higher than 10MBIT, for a time exceeding one minute.
- Active connections – amount of connections in excess of 20 active connections simultaneously for a single user.
- Processing tasks – more than 20 processing tasks simultaneously for a single user.
- Upload archive files (TAR/ZIP/ISO) in size exceed in MB250 per file.
- Uploading an advertising media campaign on a shared server.
- Upload over 1,000,200 files to a single account.
Upress, in its sole discretion, and before taking any other action, will alert Customer with a notice if Customer have reached the limit of the utilization of Upress's resources allocated to Customer.
a) Customer Website shall be accessible to third parties via the Internet 99.5% of the time, except for:
- Scheduled maintenance and required repairs.
- Any loss or interruption of Services due to causes beyond the control of Upress or which are not reasonably foreseeable by Upress, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures or cyber attack. It is clarified that although Upress doing everything within its means to protect its systems, it's systems are not immune from cyber attacks, to the extent that Upress's systems will be under cyber attack, and such cyber attack successeed to and harms Customer Website, it shall be considered as a matter that is beyond Upress's control.
In the event of any loss or interruption of Services, as stated herein above, Customer's sole and exclusive remedy, and Upress's sole and exclusive liability - for any loss or interruption of Services in case it exceeds a continual period of 24 hours - shall be credit against future Upress Services equal to a pro rata portion of Upress Services fees for the period of downtime.
In the event of loss or interruption of Services, in case it exceeds a continual period of 6 hour, due to matters that are within the scope of Upress's responsibility, customer's sole and exclusive remedy, and Upress's sole and exclusive liability, shall be credit against future Upress Services equal to a pro rata portion of Upress Services fees for the period of downtime.