Hosting:
Terms & Conditions

Updated September, 2025

1. Agreement to Terms

By purchasing hosting services from WhatArmy, Inc. ("WhatArmy," "we," "us," or "our"), you ("Customer," "you," or "your") agree to be bound by these Hosting Terms of Service ("Terms"), our Service Level Agreement ("SLA"), Data Processing Addendum ("DPA"), Acceptable Use Policy ("AUP"), and the Order Form provided at the time of purchase (collectively, the "Agreement").

1.1 Order of Precedence
If there is a conflict between any documents comprising the Agreement, they shall govern in the following order: (1) Order Form, (2) these Terms of Service, (3) SLA, (4) DPA, (5) AUP.

1.2 Entire Agreement
This Agreement constitutes the entire agreement between you and WhatArmy and supersedes all prior proposals, agreements, or communications between the parties. Any terms contained in your purchase orders, vendor portals, or other documents shall be void and without effect.

2. Service Description

2.1 Hosting Services

WhatArmy provides managed WordPress hosting services on Amazon Web
Services (AWS) infrastructure with Cloudflare CDN integration.

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IMPORTANT: Your site's availability and performance depend on AWS and Cloudflare infrastructure. While these are industry-leading providers, outages and service disruptions can occur. WhatArmy is not responsible for availability issues caused by AWS, Cloudflare, or other third-party infrastructure providers. Such outages are excluded from our SLA commitments.

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The specific hosting plan, resources, features, and limitations applicable to your account are set forth in your Order Form and your account dashboard in the WhatArmy customer portal (if applicable).

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Standard hosting plans use single-region AWS infrastructure. For mission-critical sites requiring higher availability, we offer Multi-Region Hosting with automatic failover between AWS regions. Contact sales for pricing.

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2.2 What's Included
All hosting plans include, unless otherwise specified in your Order Form:

  • Managed WordPress hosting on AWS infrastructure
  • Cloudflare CDN integration
  • SSL certificate provisioning and renewal
  • Automated backups (retention period as specified in Order Form)
  • 24/7 uptime monitoring
  • WordPress core, plugin, and theme updates (if maintenance is included in your plan)
  • Email support during business hours
  • Emergency support 24/7 for critical outages

WordPress Maintenance (If Included):

  • Automated updates to WordPress core, plugins, and themes
  • Manual updates for compatibility-sensitive sites (upon request)
  • Backup before major updates

IMPORTANT DISCLAIMER:
WordPress, plugin, and theme updates are performed to maintain security and compatibility. However, updates may occasionally cause:

  • Compatibility issues between plugins/themes
  • Broken functionality or features
  • Visual/design changes
  • Performance changes

WhatArmy will:

  • Perform updates during low-traffic periods when possible
  • Maintain pre-update backups for rollback
  • Use commercially reasonable efforts to test updates

WhatArmy is NOT responsible for:

  • Functionality broken by third-party plugin/theme updates
  • Visual changes caused by theme updates
  • Custom code incompatibility with updated versions
  • Time required to troubleshoot update-related issues beyond basic rollback (may be billable)

If update causes issues, we will attempt rollback to previous version.
Extended troubleshooting or custom code fixes may require additional fees.

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2.3 What's Not Included

  • Email hosting (must be managed separately through third-party provider)
  • Custom development or design work (available as separate service)
  • Third-party software licenses
  • Domain registration, renewal, or DNS management (unless separately purchased)
  • Email deliverability for WordPress-generated emails (password resets,   notifications, contact forms, etc.)
  • Configuration of SMTP, SPF, DKIM, or DMARC records
  • Troubleshooting email delivery issues
  • We strongly recommend using a transactional email service   (SendGrid, Mailgun, AWS SES, etc.) for all WordPress emails
  • WhatArmy is not responsible for emails marked as spam, blocked by   recipient servers, or failing to deliver
  • Migration of non-WordPress websites

2.4 Service Modifications
We reserve the right to modify, replace, or discontinue features of the Services with reasonable notice. No such modification shall constitute a breach of this Agreement provided that the core hosting functionality remains substantially similar.

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2.5 Third-Party Infrastructure Failures

The following third-party infrastructure failures do NOT count as downtime for SLA purposes:

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AWS Service Outages:

  • AWS regional outages or availability zone failures
  • EC2 instance or network degradations beyond single-customer impactRDS database service outages
  • S3 storage service unavailability
  • CloudFront CDN failures
  • Route53 DNS service failures
  • AWS network connectivity issues
  • Any AWS service outage documented on the AWS Service Health Dashboard

Cloudflare Network Issues:

  • Cloudflare PoP (Point of Presence) outages
  • Cloudflare network routing issues
  • Cloudflare DDoS mitigation false positives
  • Cloudflare SSL/TLS certificate provisioning delays

Other Infrastructure:

  • DNS provider failures
  • Upstream bandwidth provider outages
  • Internet backbone routing failures (BGP issues)
  • Submarine cable cuts affecting regional connectivity
  • ISP-specific connectivity issues

Verification:

  • AWS outages must be verifiable via AWS Service Health Dashboard
  • Cloudflare issues must be verifiable via Cloudflare Status Page
  • WhatArmy will provide evidence of third-party infrastructure failure upon request for SLA credit claims
  • 2.6 Non-Production Environments

If your plan includes staging or development environments:

  • Non-production environments are NOT covered by SLA
  • Staging sites may experience downtime without notice
  • Staging sites are for testing only, not public use
  • Staging sites are not backed up as frequently as production
  • Support for staging environments is lower priority
  • Staging environments may have resource limitations
  • Staging environments are provided as a courtesy for testing purposes.
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  • They do not have the same availability, performance, or support guarantees as production environments.

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3. Billing and Payment

3.1 Payment Terms
Fees are due and payable as specified in your Order Form. Unless otherwise stated:

  • Monthly plans: Billed monthly in advance on the same day each month
  • Annual plans: Billed annually in advance

3.2 Payment Methods
We accept major credit cards, ACH transfers, and wire transfers. By providing a payment method, you authorize WhatArmy to charge that payment method for all applicable Fees.

3.3 Auto-Renewal
To prevent service interruption, all hosting plans automatically renew at the end of each billing period unless you cancel in accordance with Section 10 (Cancellation).

3.4 Renewal Notifications
You will receive renewal notices:

  • 30 days before annual renewal
  • 7 days before monthly renewal

3.5 Price Changes
WhatArmy reserves the right to change pricing with 60 days' written notice. Price changes apply to renewals only and will not affect your current billing period. We will notify you of any price increase before your renewal date. Continued use of the Services after the notice period constitutes acceptance of the new pricing.

3.6 Late Payments
If payment fails:

  1. We will attempt to process payment up to 3 times over 10 days
  2. You will receive email notification of each failed payment attempt
  3. We may suspend Services after 10 days of non-payment
  4. We may terminate your account after 30 days of non-payment
  5. A late payment fee of $25 may be assessed for each billing period overdue
  6. You will be responsible for all costs of collection, including reasonable attorney fees

3.7 Taxes
All Fees are exclusive of applicable sales tax, use tax, VAT, or other taxes or duties. You are responsible for payment of all such taxes except for taxes based on WhatArmy's income.

3.8 Disputed Charges
If you dispute any charge, you must notify us in writing within 30 days of the charge. Failure to dispute a charge within 30 days constitutes acceptance of the charge. We will investigate all good-faith disputes and work with you to resolve them.

3.9 Claiming Credits - Verification Requirements

To claim service credit, you must:
1. Email support@whatarmy.com within 30 days of downtime
2. Include dates, times, and duration of observed downtime
3. Provide evidence (screenshots, monitoring data, etc.)

We will investigate and verify:

  • Whether downtime was within WhatArmy's control
  • Whether downtime was caused by third-party infrastructure
  • Whether downtime was caused by Customer actions
  • Whether downtime qualifies under SLA terms

If downtime was caused by third-party infrastructure failure (AWS, Cloudflare, etc.), we will provide evidence from:

  • AWS Service Health Dashboard
  • Cloudflare Status Page  
  • Our internal monitoring logs

No service credits will be issued for third-party infrastructure failures, even if such failures caused downtime exceeding SLA commitments.

3.10 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute with your bank/card
issuer:

  • WhatArmy will immediately suspend your account pending resolution
  • You will be charged a $50 chargeback processing fee

If chargeback is found in WhatArmy's favor, you remain liable for:

  • Original charges
  • Chargeback processing fee
  • Any collection costs
  • a Reactivation fee ($100)

If chargeback is successful, WhatArmy reserves the right to:

  • Permanently terminate your account
  • Delete all data immediately (no 14-day retention)
  • Refuse future service
  • Report to credit agencies and fraud databases
     
    IMPORTANT: Before initiating a chargeback, please contact support to resolve billing disputes. Most disputes can be resolved without chargebacks, which damage both parties.

Fraudulent Chargebacks:
Chargebacks claimed fraudulently (when services were delivered as
agreed) may result in:

  • Legal action to recover funds
  • Reporting to fraud prevention servicesCollections agency referral

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4. Resource Limits and Overages

4.1 Plan Limits
Your hosting plan includes specific resource allocations as set forth in your Order Form, which may include:

  • Storage capacity (disk space)
  • Monthly bandwidth/data transfer
  • Monthly visitor limits
  • Number of hosted sites or environments

4.2 Storage Limits
If you exceed your storage limit:

  • You will receive notification at 80% capacity
  • You will receive final warning at 100% capacity
  • You must upgrade your plan or reduce usage within 7 days
  • WhatArmy may restrict file uploads or database writes until the issue is resolved

4.3 Bandwidth and Traffic Management
If you exceed your plan's bandwidth or visitor limits:

  • Overage charges will apply as specified in your Order Form or our then-current rate card
  • We will notify you when overages are detected
  • For consistent overages exceeding 150% of plan limits over 2+ consecutive months, we may require you to upgrade to an appropriate plan
  • For extreme overages (300%+ of plan limits) that impact infrastructure, we reserve the right to temporarily throttle traffic or require immediate plan upgrade

4.4 Performance-Based Limitations
If your site(s) use excessive server resources (CPU, RAM, I/O, database queries) beyond reasonable shared infrastructure usage:

  • We will notify you and work with you to identify optimization opportunities
  • You may be required to optimize your site(s) or upgrade to a higher-tier plan
  • WhatArmy reserves the right to temporarily suspend sites causing infrastructure instability or performance degradation affecting other customers, with notice when reasonably possible

4.5 Overage Billing
Unless otherwise specified in your Order Form, overage charges are:

  • Billed monthly in arrears
  • Calculated based on actual usage above plan limits
  • Non-refundable
  • Due within 30 days of invoice

4.6 Mandatory Plan Upgrades

If your usage consistently exceeds plan limits:

  • After 2 consecutive months exceeding limits by 150%+ or 3 consecutive
    months exceeding limits by 120%+:

WhatArmy may require you to upgrade to appropriate plan

  • You will receive 14 days notice to upgrade

If you do not upgrade within 14 days:

  • WhatArmy may automatically upgrade your account to appropriate tier
  • You will be billed at the higher tier rate starting immediately
  • No refunds for automatic upgrades
     
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WhatArmy may suspend services until you upgrade or reduce usage

You acknowledge that:

  • Consistent overages indicate your plan is inadequate for your needs
  • Automatic upgrades are necessary to maintain infrastructure stability
  • You will be billed for the tier that matches your actual usage

Exception: Traffic spikes due to viral content or temporary campaigns
will not trigger mandatory upgrades if usage returns to normal within
30 days.

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5. Acceptable Use Policy

5.1 Prohibited Uses
You may not use WhatArmy hosting services for:

  • Illegal activities or content that violates any applicable laws or regulations
  • Adult content, pornography, or sexually explicit material
  • Phishing, malware, viruses, trojans, or malicious code
  • Spam, unsolicited bulk email, email harvesting, or email address scraping
  • Cryptocurrency mining or distributed computing projects
  • Proxy services, VPN services, or TOR exit nodes
  • File sharing, file storage, or torrent hosting services
  • Reselling or redistributing hosting services without written authorization
  • Content infringing on copyright, trademark, patent, or other intellectual property rights
  • Harassment, hate speech, threats, or content promoting violence or discrimination
  • Child sexual abuse material (CSAM) or content exploiting minors
  • Terrorist activities or content promoting terrorist organizations
  • Fraudulent schemes, pyramid schemes, or deceptive practices

5.2 Additional Restrictions

  • No cryptocurrency or NFT minting operations
  • No automated scraping or data harvesting of third-party sites
  • No hosting of "cPanel nulled" or pirated software
  • No high-frequency, automated trading systems or similar CPU-intensive applications
  • No sites designed primarily for click fraud or ad fraud schemes

5.3 Enforcement
Violation of this AUP may result in:

  • Immediate suspension without prior notice
  • Termination of Services without refund
  • Reporting to law enforcement or regulatory authorities as required by law
  • Legal action to recover damages

5.4 Investigation Rights
WhatArmy reserves the right to investigate suspected violations of this AUP and to cooperate with law enforcement. We may disclose information about your account and usage as required by law, legal process, or good-faith belief that such disclosure is necessary to protect our rights or the rights of others.

5.5 Customer Responsibility
You are solely responsible for all content, data, files, and activity associated with your hosting account and any sites hosted on your account. This includes content posted by any users of your site(s) or any third parties who gain access to your account.

5.6 Customer Legal Compliance

You are solely responsible for ensuring your website and use of
Services comply with all applicable laws and regulations including:

Data Privacy Laws:

  • GDPR (EU General Data Protection Regulation)
  • CCPA (California Consumer Privacy Act)
  • Other US state privacy laws
  • Cookie consent and privacy policies
  • Data processing agreements with your users

Accessibility Laws:

  • ADA (Americans with Disabilities Act)
  • Section 508 compliance
  • WCAG (Web Content Accessibility Guidelines)

Industry-Specific Regulations:

  • HIPAA (if handling health information)
  • PCI DSS (if processing payments)
  • COPPA (if targeting children)
  • FTC regulations on advertising/disclosures
  • Industry licensing requirements

Intellectual Property:

  • Copyright compliance (content, images, videos, music)
  • Trademark compliance
  • Licensed software/plugins

WhatArmy does NOT:

  • Provide legal advice or compliance guidance
  • Monitor your content for legal compliance
  • Ensure your site meets accessibility standards
  • Verify your privacy policies or terms of service
  • Ensure GDPR, CCPA, or other regulatory compliance

You indemnify WhatArmy against any claims arising from your failure to comply with applicable laws.

RECOMMENDATION: Consult with qualified legal counsel regarding your compliance obligations.

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6. Data, Backups, and Ownership

6.1 Backup Policy
WhatArmy performs automated backups of your hosting account as specified in your Order Form. Standard backup retention is 14 days unless otherwise specified. Backups are provided for disaster recovery purposes only.

6.2 Migration and Data Transfer Risks

YOU ACKNOWLEDGE that migrating websites between hosting providers
carries inherent risks including data loss, corruption, or
incompatibility. You are solely responsible for:

  • Maintaining independent backups before migration
  • Testing all site functionality after migration
  • Verifying data integrity post-migration

WhatArmy's migration assistance does not guarantee perfect replication of your previous hosting environment.

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6.3 Backup Limitations and Disclaimers

  • WhatArmy performs automated backups as a convenience only. You acknowledge and agree that:
  • Backups may be incomplete, corrupted, or fail entirely
  • Database backups may be corrupted if database is active during backup
  • Large files may be excluded from backups due to size/time constraints
  • Backup restoration may fail partially or completely
  • Restored sites may have data loss or corruption
  • Backups are snapshots in time and do not capture real-time changes
  • Backups may not include all server configurations or customizations

BACKUP RESTORATION DISCLAIMER:

  • If you request backup restoration, you acknowledge that:
  • Restoration may not be successful
  • Restoration may restore only partial data
  • Restoration may take 2-48 hours or longer
  • Some data loss between backup time and restoration is expected
  • We cannot guarantee restoration to exact previous state
  • Restoration may cause additional downtime

YOU ARE SOLELY RESPONSIBLE FOR:

  • Maintaining your own independent backups (off-site, off-platform)
  • Testing backup integrity regularly
  • Verifying restoration success
  • Any data loss regardless of cause

WHATARMY STRONGLY RECOMMENDS:

  • Regular manual backups to external storage (not just our backups)
  • Testing restoration process periodically
  • Maintaining version control for custom code
  • Documenting critical configurations
  • BY USING OUR SERVICES, YOU ACCEPT ALL RISKS ASSOCIATED WITH DATA LOSS AND BACKUP FAILURES.

6.4 Backup Restoration
We will use commercially reasonable efforts to restore your site from available backups upon request. Backup restoration is provided as a courtesy and:

  • May require several hours to complete
  • May not restore all data, particularly recent changes
  • May not be available for all time periods requested
  • Does not guarantee complete or successful restoration

6.5 Data Ownership
You retain all ownership rights to your data, content, files, databases, and intellectual property hosted on WhatArmy's Services. You grant WhatArmy a limited, non-exclusive, worldwide license to host, store, cache, transmit, display, and process your content solely as necessary to provide the Services under this Agreement.

6.6 Data Retention After Termination
Upon cancellation or termination:

  • We will provide a complete backup (files and database) via download link
  • This backup will remain available for download for 14 days after termination
  • All data, files, databases, and backups are permanently deleted from our systems 14 days after termination
  • After deletion, data cannot be recovered under any circumstances
  • Extended data retention (beyond 14 days) is available upon request for an additional fee

6.7 Your Backup Obligations
YOU ACKNOWLEDGE AND AGREE THAT:

  • You must maintain your own complete and independent backups of all Customer Content
  • WhatArmy backups are provided as a convenience only and are not a substitute for your own backup procedures
  • You should download and verify backups regularly
  • WhatArmy bears no responsibility for any data loss regardless of cause

7. Service Availability and SLA

7.1 Uptime Commitment
WhatArmy commits to the uptime percentage specified in our Service Level Agreement (SLA), currently 99.9% monthly uptime measured per hosting account.

7.2 SLA Reference
Detailed uptime guarantees, measurement methodology, exclusions, and remedies are set forth in our SLA located at [URL] and incorporated herein by reference.

7.3 Scheduled Maintenance
We may perform scheduled maintenance with:

  • At least 48 hours' advance notice via email
  • Scheduling during low-traffic periods when reasonably possible
  • Expected duration and impact disclosed in advance
  • Scheduled maintenance does not count against SLA uptime commitments

7.4 Emergency Maintenance
We may perform emergency maintenance without advance notice to address:

  • Critical security vulnerabilities
  • Infrastructure failures or outages
  • Service disruptions affecting multiple customers
  • Threats to system integrity or security

7.5 Third-Party Infrastructure Dependencies

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WhatArmy's Services are provided using third-party infrastructure including:

  • Amazon Web Services (AWS) for hosting infrastructure
  • Cloudflare, Inc. for CDN and DDoS protection
  • Other third-party service providers as necessary
  • Infrastructure failures or outages

WhatArmy makes commercially reasonable efforts to select reliable
infrastructure providers, but we do not control and cannot guarantee
the availability, performance, or uptime of third-party infrastructure.

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Service disruptions caused by third-party infrastructure providers are
beyond WhatArmy's reasonable control and are excluded from our SLA
uptime commitments as detailed in Section 2 of the SLA.

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You acknowledge and agree that:

  • AWS regional outages may affect site availability
  • Cloudflare network issues may impact site performance
  • Third-party service degradations are not breaches of this Agreement
  • WhatArmy will use reasonable efforts to mitigate impact of third-party outages but cannot prevent them

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Emergency maintenance necessary to protect our infrastructure or other customers does not count against SLA uptime commitments.

8. Security

8.1 WhatArmy Security Measures
We implement industry-standard security measures including:

  • Web Application Firewall (WAF)
  • DDoS mitigation through Cloudflare
  • Daily malware and vulnerability scanning
  • SSL/TLS encryption for data in transit
  • Encryption at rest for data storage
  • Regular security patches and updates
  • Intrusion detection and prevention systems
  • Network isolation between customer accounts

8.2 Security Incidents and Breach Notification
If your site is compromised or we detect unauthorized access:

  • Immediate Actions:
  • We will attempt to notify you within 24 hours of discovery
  • We may immediately suspend your site to prevent further damage, malware spread, or attacks on other infrastructure
  • Suspension protects our infrastructure and other customers

Your Responsibilities:

  • You are solely responsible for cleanup and remediation
  • You must address all security vulnerabilities identifiedYou are responsible for any required notifications under data breach laws (GDPR, CCPA, etc.)
  • You are responsible for costs of forensic analysis if required

WhatArmy Cleanup Services (Optional):
If you request WhatArmy to perform security cleanup:

  • Basic malware scan/removal: $175-500 (billed at $175/hour, 1-3 hours)
  • Advanced cleanup/forensics: $500-2,000+ (complex infections)
  • Preventive hardening: $250-500
  • All cleanup services billed separately from hosting fees
  • Cleanup fees are non-refundable
  • Cleanup is best-effort; we cannot guarantee removal of all malware
  • We may decline cleanup services for severely compromised sites

Alternative:

  • You may perform cleanup yourself or hire third-party security firm
  • Site remains suspended until security issues are resolved
  • We reserve the right to permanently terminate accounts that pose ongoing security risks

Repeat Infections:

  • If your site is repeatedly compromised within 90 days:
  • Additional cleanup fees apply for each incident
  • We may require security deposit or plan upgrade
  • We may terminate your account if issues persist

Cross-Contamination Liability:
If your compromised site affects other customers' sites or our infrastructure:

  • You are liable for all damages caused
  • You indemnify WhatArmy against third-party claims
  • We may charge for infrastructure remediation costs
  • We may immediately suspend your site to prevent further damage or spread
  • You are responsible for cleanup, remediation, and any required notifications
  • We may charge additional fees for extensive cleanup or restoration work beyond normal support scope

8.3 Customer Security Responsibilities
You are responsible for:

  • Maintaining strong, unique passwords for all accounts
  • Not sharing account credentials
  • Keeping WordPress core, plugins, and themes updated (if self-managing)
  • Monitoring your site for unauthorized access or suspicious activity
  • Promptly addressing security vulnerabilities identified by our scans
  • Implementing appropriate access controls for your site users
  • Securing any API keys, tokens, or credentials used by your site

8.4 Security Incident Cooperation
You agree to cooperate with WhatArmy and law enforcement in investigating security incidents. You will provide reasonable assistance and information as requested.

9. Support

9.1 Support Channels
Support is available through:

9.2 Support Hours

  • Standard Support: Monday-Friday, 9 AM - 5 PM Eastern Time (ET), excluding U.S. federal holidays
  • Emergency Support: 24/7/365 for critical site outages that render your primary production site completely inaccessible.

9.3 Support Scope
Standard support includes assistance with:

  • Hosting infrastructure and server issues
  • SSL certificate provisioning and renewal
  • WordPress core, plugin, and theme updates (if maintenance plan included)
  • Performance troubleshooting related to hosting infrastructure
  • Backup restoration requests
  • Account and billing questions
  • Migration assistance as specified in your Order Form

9.4 Support Exclusions
Support does not include:

  • Custom development, coding, or programming
  • Website design, layout, or aesthetic changes
  • Content creation or updates
  • Third-party plugin or theme troubleshooting
  • Training on WordPress, plugin, or theme usage
  • SEO services or optimization
  • Email server configuration or troubleshooting
  • Issues caused by Customer's code, configuration, or customizations
  • Recovery from Customer-caused data loss

9.5 Support Response Times
Target response times are specified in our SLA and vary based on issue severity. Response times are goals, not guarantees. Actual response times may vary based on ticket volume and complexity.

9.6 Authorized Contacts
Support will only be provided to authorized contacts designated in your Customer Portal. You are responsible for keeping your authorized contact list current.

9.7 Migration Services Disclaimer

If WhatArmy provides migration assistance:

  • Migrations are provided as a courtesy on a best-effort basis
  • Customer is responsible for providing complete access to source hosting (credentials, backups, etc.)
  • Customer is responsible for testing site functionality post-migration

WhatArmy is not responsible for:

  • Data loss during migration
  • Broken functionality due to plugin/theme incompatibilities
  • SEO ranking changes post-migration
  • Third-party integrations that stop working
  • Email deliverability changes
  • Performance differences between old and new hosting
  • DNS propagation delays
  • Customer must verify site functionality within 48 hours of migration
  • After 48 hours, site is deemed accepted and WhatArmy has no liability for migration-related issues
  • Complex migrations may require additional fees beyond standard migration assistance
  • WhatArmy reserves the right to refuse migration of sites with incompatible configurations

9.8 Support Recommendations Disclaimer

Support staff may provide recommendations, suggestions, or guidance
regarding:

  • Plugin selections
  • Configuration changes
  • Performance optimizations
  • Security best practices
  • Third-party services

YOU ACKNOWLEDGE:

  • Recommendations are provided as courtesy only
  • Support staff are not making guarantees or warranties
  • You implement recommendations at your own risk

WhatArmy is not liable if recommendations:

  • Cause site issues or downtime
  • Result in data loss
  • Break functionality
  • Have unintended consequences

You are responsible for:

  • Testing changes in staging environment first
  • Maintaining backups before implementing suggestions
  • Verifying compatibility of recommended plugins/services
  • Support is provided in good faith but cannot account for all possible configurations and customizations

If support recommended changes cause issues, we will help troubleshoot but are not liable for damages.

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10. Refunds and Cancellations

10.1 30-Day Money-Back Guarantee
New customers may request a full refund within 30 days of initial payment if dissatisfied for any reason.

Eligibility Requirements:

  • First-time WhatArmy hosting customers only
  • Applies to initial hosting plan purchase only
  • Must request refund within 30 days of initial payment date
  • Account must be in good standing with no AUP violations

Exclusions:

  • Does not apply to plan renewals (monthly or annual)
  • Does not apply to add-on services purchased separately
  • Does not apply to migration fees (if charged separately)
  • Does not apply to domain registrations or third-party services
  • Does not apply if account terminated by WhatArmy for AUP violations

10.2 Cancellation Notice Requirements
To cancel hosting services:

  1. Submit cancellation request via Customer Portal or email to go@whatarmy.com
  2. Provide at least 30 days' advance notice prior to next billing date
  3. We will confirm receipt within 1-2 business days
  4. Service continues through the end of the paid period
  5. No refunds for partial months or years (except as provided in 10.1)

10.3 Monthly Plan Cancellations

  • May cancel at any time with 30 days' notice
  • Service continues through end of current billing period
  • No refund for current month
  • Auto-renewal will not occur after notice period
  • Access to Customer Portal and support ends at termination date

10.4 Annual Plan Cancellations

  • May cancel to prevent next year's renewal
  • Must provide 30 days' notice before annual renewal date
  • No refunds for unused months in current annual period (except new customers per 10.1)
  • Service continues through end of paid annual term
  • Early termination does not entitle you to pro-rated refund

10.5 Effect of Cancellation
Upon cancellation or termination:

  • We provide complete site backup (files + database)
  • Backup available for download for 14 days
  • All data permanently deleted from our systems after 14 days
  • SSL certificates are revoked
  • DNS records pointing to WhatArmy servers may stop resolving
  • Email forwarding (if configured) will cease
  • All licenses for WhatArmy proprietary tools or services terminate

10.6 No Partial Refunds
Except as expressly provided in Section 10.1, all Fees are non-refundable. WhatArmy does not provide pro-rated refunds for:

  • Mid-month or mid-year cancellations
  • Unused resources or bandwidth
  • Downtime (except as provided in SLA via service credits)
  • Dissatisfaction with Services
  • Account suspensions due to Customer breach

11. Suspension and Termination

11.1 Suspension by WhatArmy
We may immediately suspend your Services without prior notice for:

  • Non-payment of Fees after 10 days from due date
  • Violation of Acceptable Use Policy
  • Excessive resource usage affecting infrastructure or other customers
  • Security threats, compromised sites, or malicious activity
  • Suspected fraudulent activity
  • Court order, subpoena, or law enforcement request
  • Emergency situations requiring immediate action to protect our systems or other customers

During suspension:

  • Your site(s) will be inaccessible
  • You will still be billed for Services
  • Suspension fees may apply as specified in Order Form
  • We will work with you to resolve the issue causing suspension

11.2 Termination by WhatArmy
We may terminate your account and this Agreement for:

  • Non-payment of Fees after 30 days from due date
  • Repeated or material violations of AUP
  • Repeated violations of this Agreement after notice and opportunity to cure
  • Fraudulent activity or misrepresentation
  • Abusive, threatening, or harassing behavior toward WhatArmy staff or contractors
  • Failure to cure suspension-triggering issues within specified timeframes
  • Any reason with 30 days' advance notice (termination for convenience)

11.3 Termination by Customer
You may terminate this Agreement:

  • At any time for convenience per Section 10.2
  • Immediately if WhatArmy materially breaches this Agreement and fails to cure within 30 days of written notice
  • Immediately if WhatArmy ceases business operations

11.4 Effect of Termination

  • All Fees remain due and payable through termination date
  • No refunds except as expressly provided in Section 10
  • Data retention and deletion follows Section 6.5
  • All licenses granted under this Agreement terminate immediately
  • Sections of this Agreement that by their nature should survive termination shall survive (including payment obligations, liability limitations, indemnification, and confidentiality)

12. Limitation of Liability

12.1 DISCLAIMER OF WARRANTIES
WHATARMY PROVIDES HOSTING SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHATARMY DISCLAIMS ALL WARRANTIES INCLUDING:

  • WARRANTIES OF MERCHANTABILITY
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES OF UNINTERRUPTED OR ERROR-FREE SERVICE
  • WARRANTIES OF ACCURACY, RELIABILITY, OR AVAILABILITY
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

12.2 LIABILITY CAP
WHATARMY'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL FEES PAID BY YOU TO WHATARMY IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
(B) ONE THOUSAND DOLLARS ($1,000)

This limitation applies on a per-claim basis and separately to each independent cause of action.

12.3 EXCLUDED DAMAGES
WHATARMY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR:

  • INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
  • LOSS OF DATA OR CORRUPTION OF DATA (except as provided in SLA)
  • LOSS OF GOODWILL OR REPUTATION
  • COST OF SUBSTITUTE SERVICES OR PROCUREMENT
  • BUSINESS INTERRUPTION OR DOWNTIME (except as provided in SLA)
  • DAMAGES ARISING FROM THIRD-PARTY ACTIONS OR CONTENT
  • DAMAGES ARISING FROM SECURITY BREACHES NOT CAUSED BY WHATARMY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT

These exclusions apply even if WhatArmy has been advised of the possibility of such damages.

12.4 Sole Remedy for Service Failures
Service credits as provided in the SLA are your sole and exclusive remedy for:

  • Service availability failures
  • Uptime commitment breaches
  • Performance degradation
  • Service interruptions

12.5 Third-Party Service Failures and Force Majeure

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WhatArmy shall not be liable for any failure to perform obligations
under this Agreement, nor shall any service interruption count against
SLA commitments, when such failure or interruption results from
circumstances beyond our reasonable control, including but not limited to:

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Infrastructure Provider Failures:

  • Amazon Web Services (AWS) regional or service outages
  • AWS service degradations (EC2, RDS, S3, CloudFront, Route53, etc.)
  • Cloudflare network outages or performance degradations
  • DNS provider failures
  • Third-party CDN or caching service failures
  • Data center power, cooling, or connectivity failures

Force Majeure Events:

  • Acts of God (earthquakes, floods, fires, hurricanes, tornados, etc.)
  • Pandemic, epidemic, or public health emergency
  • Acts of war, terrorism, riots, or civil unrest
  • Government actions, sanctions, embargoes, or regulations
  • Labor disputes, strikes, or lockouts
  • Internet backbone failures or BGP routing issues
  • Submarine cable cuts or fiber optic network failures
  • DDoS attacks exceeding mitigation capacity
  • Zero-day exploits or widespread security vulnerabilities

Utility and Telecommunications Failures:

  • Power grid failures or rolling blackouts
  • ISP or telecommunications provider outages
  • Network routing failures beyond WhatArmy's network
  • Upstream bandwidth provider failures

WhatArmy will use commercially reasonable efforts to:

  • Minimize impact of third-party service failures
  • Communicate service disruptions promptly
  • Implement redundancy and failover where feasible
  • Work with infrastructure providers to resolve issues

However, WhatArmy has no liability for damages, service credits, or
any other remedies related to service failures caused by third-party
infrastructure or force majeure events.

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12.6 Essential Terms
You acknowledge that these limitations of liability and warranty disclaimers are fundamental elements of the Agreement and that WhatArmy would not provide Services at the current pricing without these limitations.

12.7 Jurisdictional Limitations
Some jurisdictions do not allow limitation of implied warranties or exclusion of consequential damages. If any limitation is found invalid in your jurisdiction, it shall be limited to the minimum extent required by law, and all other limitations remain in full effect.

13. Indemnification

13.1 Customer Indemnification Obligation
You agree to indemnify, defend, and hold harmless WhatArmy, its officers, directors, employees, contractors, agents, affiliates, and service providers (collectively, "WhatArmy Parties") from and against any and all:

  • Claims, demands, actions, or proceedings
  • Liabilities, obligations, damages, losses, or costs
  • Penalties, fines, or sanctions
  • Reasonable attorney fees and legal costs
  • Expert witness fees and litigation expenses

Arising from or relating to:

  1. Your use or misuse of the Services
  2. Your violation of this Agreement, including the AUP
  3. Your violation of any applicable law or regulation
  4. Content you upload, publish, or transmit through the Services
  5. Infringement or misappropriation of any intellectual property rights by your content or use of Services
  6. Any illegal activity conducted through your hosting account
  7. Third-party claims arising from content on your site(s)
  8. Breach of your representations or warranties under this Agreement
  9. Your negligence or willful misconduct

13.2 Indemnification Process

  • You will be notified promptly of any claim subject to indemnification
  • WhatArmy reserves the right to assume exclusive control of the defense and settlement of any indemnified claim
  • You may not settle any claim that admits liability on behalf of WhatArmy or imposes obligations on WhatArmy without our prior written consent
  • You will provide reasonable cooperation and assistance in defending any indemnified claim
  • You will pay WhatArmy all amounts due under this indemnification as they are incurred

13.3 WhatArmy Indemnification (Limited)
WhatArmy will indemnify you against third-party claims that the core WhatArmy hosting Services (excluding any third-party services, plugins, or themes) directly infringe a valid U.S. patent or copyright, provided that:

  • You notify WhatArmy promptly in writing of the claim
  • WhatArmy has sole control of the defense and settlement
  • You provide reasonable cooperation
  • The claim does not arise from your misuse, modification, or combination of Services with non-WhatArmy products

WhatArmy's sole obligation under this Section 13.3 is to, at its option: (a) obtain a license, (b) replace or modify the Services to be non-infringing, or (c) terminate your account and refund prepaid Fees for the unused portion.

14. Intellectual Property

14.1 WhatArmy Property
WhatArmy and its licensors retain all right, title, and interest in:

  • All WhatArmy software, code, tools, and applications
  • WhatArmy infrastructure, architecture, and systems
  • WhatArmy brand, logos, trademarks, and service marks
  • All proprietary technologies, processes, and know-how
  • All documentation, guides, and materials created by WhatArmy
  • System-generated data, performance metrics, and analytics
  • All modifications, improvements, derivatives of the above

Nothing in this Agreement transfers any ownership of WhatArmy intellectual property to you. You receive only a limited license to use the Services as set forth herein.

14.2 Customer Content
You retain all right, title, and interest in your Customer Content. You grant WhatArmy only a limited license as specified in Section 6.4.

14.3 Feedback and Suggestions
If you or your users provide WhatArmy with feedback, suggestions, ideas, enhancement requests, or recommendations ("Feedback"):

  • Such Feedback is provided voluntarily and without compensation
  • WhatArmy may use such Feedback for any purpose without obligation to you
  • WhatArmy owns all rights to any products, services, or improvements developed from Feedback
  • You hereby assign to WhatArmy all rights in any Feedback provided

14.4 Proprietary Rights Notices
You may not remove, alter, or obscure any proprietary rights notices (including copyright, trademark, or patent notices) contained in or on the Services.

15. Changes to Terms

15.1 Right to Modify
WhatArmy may modify these Terms at any time. Material changes will be effective 30 days after notice.

15.2 Notice of Changes
We will provide notice of material changes by:

  • Email to the primary contact in your Customer Portal
  • Notification within the Customer Portal (if applicable)
  • Posting updated Terms at https://whatarmy.com/hosting-terms-and-conditions with "Last Updated" date

15.3 Acceptance of Changes
Your continued use of the Services 30 days after notice of changes constitutes acceptance of the modified Terms.

15.4 Rejection of Changes
If you do not agree to modified Terms, you may:

  • Terminate your account per Section 10.2 within the 30-day notice period
  • You will receive a pro-rated refund of any annual Fees for the unused portion (if you have an annual plan)

16. General Provisions

16.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or communications.

16.2 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

16.3 Waiver
Failure to enforce any provision of this Agreement does not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by an authorized representative of WhatArmy.

16.4 Assignment
You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without WhatArmy's prior written consent. Any attempted assignment in violation of this provision is void.

WhatArmy may assign this Agreement without your consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets. WhatArmy will provide notice of any such assignment.

16.5 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law principles.

16.6 Dispute Resolution

Informal Resolution: Before initiating any formal dispute resolution, the parties agree to attempt good-faith informal resolution by contacting each other with a written description of the dispute and proposed resolution.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

  • Arbitration shall take place in Massachusetts
  • Each party shall bear its own attorney fees unless the arbitrator awards fees to the prevailing party
  • The arbitrator may award any relief available in court
  • Judgment on the arbitration award may be entered in any court of competent jurisdiction
  • This arbitration provision survives termination of the Agreement

Exceptions to Arbitration:

  • Either party may seek injunctive or equitable relief in court without arbitration
  • Claims under $10,000 may be brought in small claims court in either party's jurisdiction
  • Either party may seek relief in court for unauthorized use of intellectual property

Opt-Out: You may opt out of arbitration by providing written notice to go@whatarmy.com within 30 days of first accepting this Agreement. If you opt out, disputes will be resolved in accordance with Section 16.7.

16.7 Venue and Jurisdiction (If Arbitration Opt-Out or Exception Applies)
If arbitration does not apply, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Hampshire County, Massachusetts.

16.8 CLASS ACTION WAIVER
YOU AGREE TO RESOLVE DISPUTES WITH WHATARMY ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED PROCEEDINGS WITH OTHER CUSTOMERS.

This waiver applies to claims brought in arbitration or court. If this class action waiver is found invalid or unenforceable, the entire Section 16.6 (Arbitration) is void, and disputes shall be resolved in court per Section 16.7.

16.9 Jury Trial Waiver
TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

16.10 Notices
Notices shall be in writing and delivered by:

  • Email to the contact address in your Customer Portal (for notices to you and where applicable)
  • Email to go@whatarmy.com (for notices to WhatArmy)
  • U.S. Mail to the address below (for formal legal notices)

Notices are effective upon delivery (email) or 5 business days after mailing (postal mail).

16.11 Publicity
Neither party may use the other party's name, logo, or trademarks in marketing materials, press releases, or public statements without prior written consent, except that:

  • WhatArmy may list you as a customer (name and logo only) in client lists and case studies
  • You may state factually that you use WhatArmy hosting services

16.12 Relationship of Parties
The parties are independent contractors. This Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.

16.13 Export Compliance
You agree to comply with all applicable export laws and regulations. You represent that you are not located in, or a national of, any country subject to U.S. embargo or on any U.S. list of prohibited or restricted parties.

16.14 Government Rights
If Customer is a U.S. government entity, the Services are provided as "Commercial Items" as defined at 48 C.F.R. §2.101, and government rights are limited to those granted in this Agreement per 48 C.F.R. §12.212 or 48 C.F.R. §227.7202.

16.15 Third-Party Beneficiaries
There are no third-party beneficiaries to this Agreement except as expressly stated herein.

16.16 Survival
Provisions that by their nature should survive termination shall survive, including: Sections 6 (Data Ownership), 10 (Payment for Services Rendered), 12 (Limitation of Liability), 13 (Indemnification), 14 (Intellectual Property), and 16 (General Provisions).

16.17 Force Majeure
Neither party shall be liable for failure to perform obligations due to causes beyond its reasonable control as described in Section 12.5.

16.18 Interpretation
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." Ambiguities shall not be construed against the drafter.

17. Contact Information

WhatArmy, Inc.
1981 Memorial Dr

#235
Chicopee, MA 01020

Email: go@whatarmy.com
Legal Notices: go@whatarmy.com
Customer Portal: Not Applicable

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