If you are using our managed hosting services, the following applies:
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 Market Rocket, acceptance is expressly limited to these Terms. “You” refers to the client, “us” and “we” refers to Market Rocket.
By using our hosting services, you agree to grant us access to your website and database for the purpose of hosting and/or backing up your website pages and its content. In order to address security vulnerabilities, we will first notify you, and then we may push an upgrade to your site or remove malicious code. We may scan your data and content to compile aggregated/anonymised statistics for our internal use to optimise the performance and security of the service. If you cancel your hosting with Market Rocket or if payment is more than one month late, you will no longer be able to access your hosting or backup data. In the event of a non-payment for or cancelling of services, we may not be able to recover backups or data more than fourteen (14) days after the hosting service becomes inactive. You own your data and content.
For sites hosted by Market Rocket, our goal is 100% uptime – meaning all sites are available 24/7/365. We know that sometimes this goal may not be achieved, and in these cases, the following Service Level Agreement (SLA) applies:
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 for 100% uptime not be met during a calendar month, you are entitled to an SLA Credit. You must contact us 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 uptime SLA applies to any human errors caused 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 client or 3rd party activities not commissioned or endorsed by Market Rocket including 3rd party code, user-error, or natural disasters such as floods or earthquakes.
By using our backup services, you grant us access to your website, database, and any virtual or physical servers relating to your website for the purpose of backing up and/or restoring your data and content. We may scan your data and content to compile aggregated/anonymised statistics for our internal use to optimise the performance and security of the service.
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.
Some Services require API access to enable all features and functionality. These currently include, but are not limited to WP Smush Pro, WP Smush, Hummingbird, Defender, Snapshot Pro, SmartCrawl, and Anti-Splog.
If you are using any of our API Services, the following applies:
You must maintain an active subscription with Market Rocket 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.
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.
Your website content will not infringe on any intellectual property rights (e.g., copyright, trademark, patent, or other proprietary rights); 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.
You agree that your company and any associated staff will not:
Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real-time activities through the website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
PAYMENTS & SUBSCRIPTIONS
Marketing, Hosting, Managed Backups, CDN, and other digital services invoice by Market Rocket (“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. 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 authorise 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 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 hosting subscription 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.
PLEASE NOTE: If you do not pay for your hosting or other website management services, your website is at risk of being taken down until payment is made. We will not give any notice before this happens. You have 30 days to dispute any invoices from the date they are issued.
Any third-party licenses must be upheld – e.g., rights-managed images. We will notify the client prior to the purchase of any assets that may fall into such criteria.
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, the Client must immediately notify Market Rocket of any unauthorised use of its sites, its account, or any other breaches of security.
Our Services are provided “as is.” Market Rocket 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 Market Rocket 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.
In no event will Market Rocket, 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 Market Rocket under this Agreement during the twelve (12) month period prior to the cause of action. Market Rocket 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.