Whole Web Works

Terms of Service

About the Terms & Conditions

Whole Web Works is owned and operated by Whole Web Works, LLC.

The following terms and conditions (“Terms”) govern all use of the Whole Web Works website and all content, services, and products available at or through the website, including, but not limited to, Whole Web Works hosting, domains, all plugins, and our API services (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Whole Web Works’s Privacy Policy), and procedures that may be published from time to time by Whole Web Works (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Whole Web Works, acceptance is expressly limited to these Terms.

Use of our Services requires a Whole Web Works account. You agree to provide us with complete and accurate information when you register for an account.

Plugins

As a member, you are granted an inalienable right to own and continue to use all plugins and themes that you have downloaded from Whole Web Works, even after your membership subscription is canceled. Whether you are a current member or not, all plugins and themes will continue to function “as is” regardless of if your membership expires.

Updates are released often for compatibility, feature upgrades, and additions and are only available to customers who have an active membership with Whole Web Works. ‘Automatic Upgrades’ are available to customers who have a current membership with Whole Web Works.

We are committed to doing our best to ensure that all of our products and services are compatible with the latest versions of WordPress within 24 hours of any release. We can give no guarantee that products will work with older versions of WordPress, though we will work to support backward compatibility whenever reasonably possible.

Hosting

If you are using our managed hosting services, the following applies:

By using our hosting services, you grant us access to your website and database for the purpose of hosting and/or backing up your content.
In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site, or we may access your site to remove malicious code.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
If you lose access to your Whole Web Works account or cancel your membership, you will not be able to access your hosting or backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

For sites that we host, our goal is an uptime of 100% – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in those cases, the following Service Level Agreement (SLA) applies:

We guarantee a 99.9% uptime SLA.
We do not place any hard limits on traffic, visits, or bandwidth on your sites. Should your site experience a spike in traffic (both human and/or by bots), your site may experience performance problems or even downtime. We will send an alert on how to upgrade your hosting plan to higher resources in this case, and our SLA will not apply.
Should the SLA not be met during a calendar month, you are entitled to an SLA Credit. You must contact support to request an SLA Credit within 30 days of the end of the month for which the SLA was not met. Credits will be valued at 5% of your monthly hosting charges for each full hour of downtime beyond the SLA and will not exceed 100% of your hosting charges. Downtime will be determined by our monitoring tools.
Our SLA applies to any human errors by our team and by employees or contractors of any 3rd party service providers that we use to supply the hosting service.
Our SLA does not apply to any downtime that is out of our control, including problems resulting from 3rd party code, user error, or natural disasters such as floods or earthquakes.

API Services

Some Services require API access to enable all features and functionality. These currently include, but are not limited to Smush, Hummingbird, Integrated Video Tutorials, the Hub, Defender, Snapshot, SmartCrawl, and Forminator.

If you are using any of our API Services, the following applies:

You must maintain an active subscription with Whole Web Works to make use of API services. API-based services may only be accessed by our plugins designed for that purpose.
API services use an assigned API key to connect. You may only use your API key on sites that belong to you or those of your clients. You may not resell, share, or publish your API key.
Violation of any of these terms may result in the immediate termination of API access and/or your Whole Web Works membership.
We reserve the right to suspend API access to users that use an unusual amount of API requests or resources that we feel may impact the services to other members.
By utilizing the Defender plugin, you authorize us to access, license, and aggregate your firewall IPs to improve our ability to identify potential threats and prevent attacks on sites secured by Defender.

Snapshot & Hosting Backups

All Whole Web Works members have free storage space shared across all Hub-connected sites and can store Snapshot backups for up to 50 days. The storage capacity depends on the membership plan, and additional space can be purchased if needed.
All Whole Web Works hosting plans include nightly Hosting backups with no storage costs. Hosting backups can be stored for up to 30 days. Hourly Hosting backup services can be purchased for individual sites at an additional cost.

If you are using the Snapshot Pro backup service, the following applies:

By using our Snapshot or Hosting backup services, you grant us access to your website, database, and any virtual or physical servers for the purpose of backing up and or restoring your data and content.
We may scan your data and content to compile aggregated/anonymized statistics for our internal use to optimize the performance and security of the service.
If you lose access to your Whole Web Works account or cancel your membership, you will not be able to access your backup data. We may not be able to recover backups or data more than fourteen (14) days after the account goes inactive.
You grant us a worldwide, royalty-free, and non-exclusive license to copy and store your data and content only to the extent necessary to operate the Service. You own your data and content.

Prohibited Uses

When using Whole Web Works Services, you agree not to:

violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights, including copy & graphics on the Whole Web Works site, the Whole Web Works blog and Whole Web Works plugins & services);
publish, host, or transmit content that is defamatory, slanderous or trade libelous;
publish, host, or transmit content that is threatening or harassing;
publish, host, or transmit content that is discriminatory based on gender, sexual orientation, race, age or promotes hate;
disclose the sensitive personal information of others;
distribute material that is or enables malware, spyware, adware, or other malicious code;
send spam or bulk unsolicited messages;
interfere with, disrupt, or attack any service or network;
resell, share, or publish Whole Web Works credentials or access;
make any Whole Web Works plugin available for public download in ways that violate the Terms of the GPL 2.0 license.

Payments & Subscriptions

Whole Web Works is a membership site and many of our Services require an active paid subscription – including Whole Web Works Memberships, Hosting, Managed Backups, and our CDN (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services.

We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

Refunds

If you are experiencing a technical issue, before requesting a refund, let our support team help resolve the issue by submitting your request here.

Refunds requested are issued at the discretion of our support staff. No refunds whatsoever will be given for scheduled subscription payments after 30 days, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund and we may revoke your access to our Services in general.

Refunds are available once per person or entity and will not apply if your account is in violation of these Terms.

Product not available for refunds:
Domain Registration, Renewal, Transfer & Redemption fees are not refundable under any circumstances.

Support

We offer our Services ‘as is’, with no implied meaning that all Services will function exactly as you wish or with all 3rd party components and plugins.

Support is provided on the Whole Web Works site.

While our support staff are located around the world, to ensure we reach the widest possible audience our support services are offered in English only.

We will do our utmost to support anything WordPress-related, however, some requests may require complex or custom work which is beyond the scope of what we can reasonably provide. We reserve the right to determine which requests and levels of support that we can and can’t provide.

Support for site-related issues is only provided for sites that are connected to your Hub. You may grant our support team access to your sites in order to troubleshoot and resolve problems. It is your responsibility to always obtain a backup of your site prior to requesting support or granting access to support staff. Further, you take full responsibility for lost content or any downtime as a result of support – both on staging and production sites. We strongly recommend that troubleshooting take place on staging environments first whenever possible.

To receive support for any Service, you must be using the most recent version of our products, WordPress, and any other theme or plugin utilized on your site. Whole Web Works makes no guarantees and cannot provide support to anyone using outdated or otherwise altered versions of our products.

Security

You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure and you must immediately notify Whole Web Works of any unauthorized uses of its sites, its account, or any other breaches of security.

Legal Notices

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Our Services are provided “as is.” Whole Web Works and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Whole Web Works nor its suppliers and licensors, make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Indianapolis, Indiana.

In no event will Whole Web Works, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Whole Web Works under this Agreement during the twelve (12) month period prior to the cause of action. Whole Web Works shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Domains

Domain names purchased from Whole Web Works are owned as indicated by applicable ICANN rules. By purchasing a domain name from Whole Web Works, you acknowledge that domain name registration is subject to cancellation or change in accordance with any and all applicable rules, including: ICANN, UDRP, registrar policies, or any country code top-level domain registry procedures.

Domain Name Agreement

The following Domain Name Agreement applies to your use of domain names registered through or transferred to Whole Web Works. This Agreement is an integral part of the Whole Web Works Terms of Service and together with the Registrant Agreement provided by the respective Registry or Registrar of record, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP) represents the entire Agreement between you and Whole Web Works with regard to your use of domain names and any domain-related services.

By purchasing a domain from or transferring a domain to Whole Web Works, you declare that you have read, understood, and agree to be bound by these Terms. The terms and conditions of our Registrars can be reviewed at:

Whole Web Works is not responsible for any domain names associated with our services but not registered through us.

Domain Name Registration

You may submit a request for domain name registration from Whole Web Works. We cannot guarantee that the domain name applied for at the time of request submission will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted a request to register a domain name until you receive a confirmation message in The Hub indicating that your request has been accepted and your domain has been registered.

The registration and ongoing use of a domain name are subject to the relevant naming authority’s terms and conditions of use, which are hereby incorporated by reference. You acknowledge and agree that Whole Web Works bears no responsibility should a naming authority refuse to register a domain name.

Domain names and any domain-related services are subject to renewal and termination as set out in the Terms of Service. Domain registration and renewal fees are non-refundable. The maximum renewal period for different top-level domains may vary depending on the respective Registry. Renewal fees for expired domain names may vary depending on the Registrar.

Registrant Information

As part of the registration process, you are required to provide certain information to us and to promptly update this information as needed to ensure that it’s up to date. We will use this information in accordance with the Terms of Service and our Privacy Policy. The information required in order to process your domain name registration is set out at the time of purchase.

If you provide information about a third party, you hereby represent that you have provided notice to such third party of and have received their explicit prior consent to the disclosure and use of their information as set forth in the Terms of Service and our Privacy Policy.

Some Registries require that you confirm your contact information after initial registration and/or after any change or contact details, before a domain name registration is completed or updated. If this applies for your domain, either Whole Web Works or the Registrar of record shall send you an email notification with instructions on how to confirm your details. If you fail to confirm your details within the specified deadline, your domain will be suspended or deleted which will affect the functionality of any Whole Web Works services associated with that domain. You are solely responsible for following any instructions you receive in order to keep your domain name registration in good standing.

The information you provide determines the ownership of the domain. For non-expired domain names registered through Whole Web Works, and subject to availability and the requirements of the respective Registry, this information may be updated through your account.

You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. You are responsible for any changes to your domain name contact details made through your account.

You acknowledge and agree that if you (i) provide inaccurate information; (ii) fail to update contact information promptly; or (iii) fail to respond to Whole Web Works or Registrar inquiries regarding the accuracy of your domain name contact details within any specified timeframe, this shall constitute violation of the Terms and may result in suspension and/or cancellation of your domain name registration.

Registration Information

By registering a domain name through or transferring a domain to Whole Web Works, you understand and agree that the Registrar of Record, relevant Registry or ICANN may establish guidelines, limits, and/or requirements regarding what information Whole Web Works must collect from you in order to provide services to you and how we may use such information.

You acknowledge and agree that Whole Web Works will make available domain name registration information you provide, or that Whole Web Works otherwise maintains, to ICANN, the Registrar of record, the Registry, and other third parties as required or permitted by ICANN and applicable laws.

You hereby give your explicit consent to the collection, use, and disclosure of domain name registration information as set out in this Agreement, the Terms of Service, our Privacy Policy. You hereby irrevocably waive any and all claims and causes of action you may have arising from such use or disclosure of information by Whole Web Works.

Dispute Resolution

If you purchase domain name services from Whole Web Works, the domain name shall be associated with your account and you shall be solely responsible for managing the domain in full compliance with this Agreement and the Terms of Service, even if the domain is registered to or owned by a third party.

Any dispute between you and any third party regarding a domain name must be resolved between the parties involved. Whole Web Works will neither be a party in a dispute nor will facilitate dispute resolution. We reserve the right, upon becoming aware of a dispute and at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the Registrar of Record or the relevant Registry. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party. In any case, disputes for the ownership of domain names shall be governed by ICANN’s UDRP which is an integral part of this Agreement.

This Domain Name Agreement is an integral part of the Whole Web Works Terms of Service and may be modified in accordance with the provisions set therein.

Uniform Domain Name Dispute Resolution Policy (UDRP)
(As Approved by ICANN on October 24, 1999)

1. Purpose
This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available here and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a “Provider”).

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that:
(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.

6. Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. Policy Modifications
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at link. at least seven (7) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Trademark / Copyright policies

If you believe that a domain name and its use violates your trademark, you may either pursue the matter in a court of law or have the matter adjudicated under the Uniform Domain Name Dispute Resolution Policy (“UDRP”).

The UDRP is a mandatory administrative proceeding adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) to resolve disputes regarding the registration of domain names. All ICANN accredited registrars are required to follow the UDRP. Nothing in this policy should be construed to amend or overrule the UDRP. More information regarding the UDRP is available here.

Complaints

If you believe that you have a trademark complaint related to a domain name, you may submit a valid and formal notice of a trademark complaint as outlined below. When you submit a trademark complaint, you acknowledge and agree that we will forward your complaint to our customer. You further attest that you have authorization to share and instruct Incsub to disclose any personal information contained therein and agree to hold Whole Web Works harmless for the processing of this personal information. We will forward your complaint to our customer. It should include:

The domain name in question.
Details of the trademark or servicemark (“mark”) that is claimed to be infringed, including the registration number and jurisdiction or geographical area to which it applies.
The name, address, and telephone number of the owner of the mark.
A description of how you believe the mark is being infringed, including the precise location of the infringing mark.
Evidence that the owner of the domain that is claimed to be infringing the mark is a Whole Web Works customer.

You should be aware that, other than forwarding your trademark complaint to a customer, we cannot take any further action without a court order or a UDRP ruling.

Repeat Infringement

Repeated violation of this policy, or repeated infringement of copyrighted works, trademarks, or other intellectual property, will lead to termination in appropriate circumstances. Whole Web Works will, in its sole and absolute discretion, determine what constitutes repeat infringement.

Contact Information

If you have any questions about how Whole Web Works deals with trademark and copyright complaints, please contact us by email or regular mail at the following address:

Whole Web Works, LLC
PO BOX 69
Fillmore, IN 46128
USA
admin@wholewebworks.com

Webmail

Whole Web Works utilizes Tucows (OpenSRS) to offer you a hosted email solution, which we refer to as the “Webmail Service.” This utilization is aimed at delivering robust, reliable email functionality under your own domain names.

Webmail Service Features

The Webmail Service offers a range of features to enhance your email experience:
Mailbox Accounts: Accessible via IMAP and POP protocols through both desktop mail clients and web-based applications.
Email Forwarding and Alias: Optional services allow emails sent to one address to be automatically forwarded to another address, enabling users to send and receive emails from alternative email addresses (aliases) that are mapped to their primary mailbox.
Storage: Each mailbox comes with 5 gigabytes of storage.
Anti-Virus and Anti-Spam Filtering: Inbound and outbound messages are screened for spam and viruses, with messages caught by filters stored for seven days before deletion. Note that virus filtering may not scan certain types of attachments, like those that are password-protected or encrypted.

Customer Obligations

By using the Webmail Service, you agree to:
Provide all necessary customer service, billing, and technical support to your end users. Ensure compliance with Whole Web Works’s Terms of Service, reflecting our dedication to legal, ethical, and considerate email practices. Prevent any use of the Webmail Service that violates laws, infringes on rights, or is harmful.

Prohibited Actions

The following actions are prohibited:

Sending content that is unlawful, threatening, abusive, or vulgar.
Manipulating identifiers to disguise the origin of content.
Transmitting content without the right to do so.
Disrupting the Webmail Service or its infrastructure.
Sending mass emails beyond established limits.

Billing & Account Termination

Billing: Email accounts are billed on a per-account, per-month basis. It is the responsibility of the account holder to monitor their subscription(s) and billing cycles.
No Refunds Policy: Whole Web Works does not provide refunds for any renewal fees or in cases where an email account is deleted during an active subscription period.
Account Deletion and Backup: Once an email account is deleted, there is no option to restore or retrieve any emails from that account. Users are responsible for their data backup.
Right to Suspend: Whole Web Works reserves the right to suspend or terminate Webmail accounts found in violation of the Terms of Service.

Mass Emailing Policy

Our service, powered by Tucows (OpenSRS), is not designed for outbound mass mailing. To ensure service quality and maintain high deliverability, the following criteria are in place:
Daily Sending Limits: Limits are placed on the number of recipients per email and the total number of emails sent within a 24-hour period. These limits are subject to change without notice.
Limiting Emails to Direct Contacts: To ensure uninterrupted service, limit emails to individuals you have direct contact with. Mass mailing or large group emails are discouraged.
Enforcement: Misuse of mass mailing may result in suspension or termination of the Webmail Service. Repeated violations could lead to further consequences.
Alternatives for Mass Mailing: For needs involving large numbers of recipients, consider using specialized services like MailChimp or Campaign Monitor.