Terms of Service

1. Acceptance of this Agreement

This Terms of Service (the "Agreement") is a legally binding contract between you ("you", "Customer") and Foxeep, Inc., a Delaware corporation with its registered address at 16192 Coastal Hwy, Lewes, DE 19958, United States ("Foxeep", "we", "us" or "our"). It governs your access to and use of our website and all products and services we provide, including Web Hosting, WordPress Hosting, Managed WordPress Hosting, eCommerce Hosting, Reseller Hosting, domain name registration, domain transfer, domain privacy, email, SSL certificates and related services (collectively, the "Services").

By creating an account, placing an order, clicking "I agree" or using the Services, you confirm that you have read, understood and agree to be bound by this Agreement, our Privacy Policy, our Acceptable Use Policy (Section 8) and any service-specific terms referenced here, each of which is incorporated by reference. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

Under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., you agree that your electronic acceptance has the same legal effect as a handwritten signature, and you consent to receive all notices and disclosures electronically.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are not directed to children under 13, and we do not knowingly collect personal information from them, consistent with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

You agree to provide accurate, current and complete account information, and to keep it updated. You are responsible for all activity under your account, for keeping your credentials secure, and for enabling two-factor authentication where available. Notify us immediately at support@foxeep.com of any unauthorized access. We may verify your identity and refuse or cancel any order that appears fraudulent.

3. Description of Services and Service Delivery

We provide the Services described on our website at the time of your order. Features, resource allocations and prices vary by plan. We may modify, improve or discontinue features, provided that we will not materially reduce the core functionality of a paid Service during your current prepaid term without giving you the option to cancel for a prorated refund.

Beta, trial or preview features are provided "as is" and may be changed or withdrawn at any time.

Service delivery

All Services are digital and delivered electronically. No physical goods are shipped. Hosting accounts are normally provisioned within minutes after payment is authorized, and login details are sent to your account email and shown in the client area. Orders flagged by our fraud screening may be held for manual review for up to 24 hours; if we cannot verify an order, we cancel it and refund the payment in full.

Domain registrations and transfers are complete only when confirmed by the relevant registry. New domain registrations are activated automatically as soon as payment is complete; transfers generally take 1 to 7 days under ICANN rules. We notify you by email when your Service is ready.

4. Fees, Billing, Payments and Automatic Renewal

You agree to pay all fees for the Services you order, plus applicable taxes. All prices are listed and charged in U.S. dollars (USD). If your payment method is issued outside the United States, your bank may apply currency conversion or foreign transaction fees, which are not controlled by us. Introductory prices apply only to the initial term; subsequent terms renew at the regular rate disclosed at checkout and on the relevant product page.

Payment processing

Payments are processed by third-party payment processors, using the payment methods shown at checkout, and settled to our U.S. business bank accounts held with FDIC-insured banking partners. We comply with the rules of our payment processors, the card networks (Visa, Mastercard, American Express, Discover) and our banking partners, including their acceptable use and anti-money-laundering requirements. Your payment is also subject to the processor's own terms and privacy policy. We never receive or store your full card number or security code; card data is collected and tokenized directly by our PCI DSS Level 1 certified processor. Charges appear on your statement under a descriptor containing FOXEEP.

You represent that you are authorized to use the payment method you provide, and you authorize us and our processors to charge it for all fees you incur. We may perform a temporary authorization (for example, $1.00) to verify your card, which is released by your bank.

Automatic renewal and stored payment credentials

Services automatically renew for the same term length at the then-current regular price unless you cancel before the renewal date. By enabling auto-renewal at checkout, you consent to our storing your payment credentials with our processor and charging them on each renewal date for the renewal amount shown in your client area, until you cancel. This consent is provided in accordance with card network rules for stored credentials and recurring transactions.

Consistent with the Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8401 et seq., and applicable state automatic renewal laws, we clearly disclose renewal terms before purchase, obtain your express consent, send you a receipt for every charge, and email reminder notices before renewal: 35 days before renewal for terms of three months or longer (stating the renewal date, price and term, the deadline to cancel and how to cancel online), followed by the renewal invoice 15 days before renewal for annual or longer terms and 14 days before for quarterly and semi-annual terms; for monthly terms we send the invoice at least 7 days before renewal. You may turn off auto-renewal or cancel at any time online in your client area, without needing to call or email us.

Introductory offer: first month for $1

Some hosting plans are offered to new customers with a first month for $1.00 on monthly billing (the "Introductory Offer"). The plans that qualify are marked "First month $1" on our website. The following terms apply:

• The Introductory Offer is available once per customer, household and payment method, for new hosting customers only, and cannot be combined with other promotions. A free domain is not included with the Introductory Offer.
• After the first month, your plan automatically renews every month at the regular monthly price shown next to the offer at checkout (for example, $12.99/mo), plus applicable taxes, until you cancel.
• We will email you a reminder at least 7 days before the first charge at the regular price, with the amount, the date and a direct link to cancel.
• You can cancel at any time before the end of the first month from your client area, and you will not be charged again. Your receipt for the $1.00 charge also explains how to cancel.
• The $1.00 charge is covered by our 30-day money-back guarantee as described in our Refund Policy.

Price changes

We may change regular prices from time to time. Any price change applies only from your next renewal, and we will notify you by email 30 days before it takes effect, giving you the chance to cancel before it takes effect.

Late or failed payments

If a payment fails, we will retry the charge and notify you. Services may be suspended if payment is not received within 5 days of the due date, and terminated 30 days after the due date. Your data is kept during a suspension, the Service is reactivated automatically once payment is received, and we send a final notice at least 7 days before termination. Domain names that are not renewed enter the expiration process described in Section 14.

Chargebacks and payment disputes

If you believe you were charged in error, please contact our billing team at billing@foxeep.com before disputing the charge with your bank or PayPal. Most billing issues are resolved within one business day, and approved refunds are issued under our Refund Policy.

If you file a chargeback or payment dispute, we may suspend the related Services while the dispute is pending and will provide the processor and your bank with records of your order, consent and use of the Services. If the dispute is resolved in our favor, you remain responsible for the disputed amount. This does not limit any right you have under the Fair Credit Billing Act, the Electronic Fund Transfer Act or your card issuer's rules.

Taxes

Fees exclude sales, use, VAT and similar taxes, which we collect where required by law based on your billing address.

5. Money-Back Guarantee and Refunds

Our Refund Policy is part of this Agreement and explains in full when refunds are available and how they are processed. In summary:

• 30-day money-back guarantee: if you cancel a new hosting plan within 30 days of your first payment (including the $1.00 first-month offer), we refund the hosting fee you paid.
• Automatic renewals: if a hosting plan renews automatically and you request cancellation within 7 days of the renewal charge, we refund that renewal charge in full.
• Non-refundable items: domain registrations, renewals and transfers once submitted to the registry, premium domains, ICANN fees, issued SSL certificates, third-party licenses and completed professional services, except where a registration or transfer fails or where we made an error.
• How refunds are paid: to the original payment method only, by bank card or PayPal. Card refunds typically appear within 5 to 10 business days, depending on your bank.

6. Your Content and Responsibilities

You retain all rights to the websites, files, data, email and other content you upload or transmit ("Customer Content"). You grant us a limited, non-exclusive license to host, copy, cache, transmit and display Customer Content only as needed to provide, secure and support the Services.

You are solely responsible for Customer Content and for ensuring that you have all necessary rights to it; that it complies with all applicable laws; and that you comply with any laws applicable to your website, such as privacy notice requirements, consumer protection laws and accessibility obligations. You are responsible for keeping software you install (including WordPress core, themes and plugins on non-managed plans) updated and secure.

7. Backups and Data Loss

We perform backups according to your plan as a courtesy for disaster recovery. Backups are not guaranteed and are not a substitute for your own backups. You are responsible for maintaining independent copies of your Customer Content. To the maximum extent permitted by law, we are not liable for any loss or corruption of Customer Content.

8. Acceptable Use Policy

You may not use the Services, or allow others to use them, to:

• Violate any applicable federal, state, local or international law or regulation, including export control and sanctions laws.
• Send unsolicited bulk or commercial email, or otherwise violate the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.; operate open mail relays; or buy or use purchased email lists.
• Host or distribute malware, phishing pages, botnets, command-and-control servers or exploit kits, or conduct port scanning, brute-force or denial-of-service attacks.
• Infringe any copyright, trademark, patent, trade secret or other intellectual property or proprietary right.
• Host child sexual abuse material (which we report to the National Center for Missing & Exploited Children as required by 18 U.S.C. § 2258A), non-consensual intimate imagery, or content that promotes terrorism or incites violence.
• Engage in fraud, deceptive practices, identity theft, unlawful gambling, or the sale of illegal drugs, weapons or counterfeit goods.
• Harass, threaten, defame or violate the privacy or publicity rights of others, or dox any person.
• Mine cryptocurrency, run public proxies or VPN endpoints, run game servers, or use shared hosting primarily for file storage, backups or media streaming unrelated to a website.
• Consume resources in a way that degrades the Services for others. Shared plans are subject to CPU, memory, process, inode and I/O limits described in our knowledge base. "Unmetered" bandwidth means we do not charge for data transfer within normal website use; it does not mean unlimited resources.
• Resell the Services without a Reseller plan, or attempt to bypass account limits or security controls.

We may investigate suspected violations and may remove content, suspend or terminate Services, and cooperate with law enforcement. Where practical and lawful, we will give notice and an opportunity to cure before suspension, except in cases of security threats, legal risk, or harm to others. Report abuse to abuse@foxeep.com.

9. Web Hosting Terms

Web Hosting plans are shared hosting environments. Resource allocations (websites, storage, email accounts and approximate traffic) are listed on the plan card at purchase. Estimates of monthly visits are for guidance only and depend on your site's efficiency.

If your account uses resources beyond its plan limits or in a way that threatens server stability, we may throttle resources, temporarily disable scripts or sites, or require an upgrade. We will notify you and help you identify the cause where possible. Free domains, CDN, email and other included features are available only while your hosting plan is active and in good standing.

10. WordPress Hosting Terms

WordPress Hosting includes a pre-installed WordPress environment, server-level caching and the tools described on the product page. WordPress is open-source software licensed under the GNU General Public License; Foxeep is not affiliated with or endorsed by the WordPress Foundation.

Where automatic updates are enabled, we will attempt to update WordPress core, themes and plugins and to create a backup beforehand. You may disable automatic updates, in which case you assume responsibility for keeping software current. We are not responsible for incompatibilities caused by third-party themes or plugins.

11. Managed WordPress Hosting Terms

Managed WordPress plans run in isolated containers and include expert-managed updates, performance tuning, uptime monitoring and the "hack-free guarantee". Under the hack-free guarantee, if your site is compromised by malware while on an active plan, we will clean it at no additional charge. The guarantee does not cover compromises caused by stolen or shared credentials, intentionally installed malicious code, or disallowed plugins, and does not guarantee recovery of data not present in our backups.

A list of disallowed plugins is published in our knowledge base and may be updated. We may disable disallowed plugins after notice. Visit and bandwidth allowances are measured as described in our knowledge base; we will not suspend a site for a temporary traffic spike but may require an upgrade for sustained overages.

12. eCommerce Hosting Terms

eCommerce Hosting provides an environment for operating an online store. You are the merchant of record for all sales on your store and are solely responsible for your products, pricing, fulfilment, returns, customer service, sales-tax collection and compliance with consumer protection laws, including Federal Trade Commission rules on advertising and shipping (16 C.F.R. Part 435).

Payment processing for your store is provided by third-party processors under their own terms. You must comply with the terms of the processors you use (for example, your card processor's services agreement and restricted businesses list, or the PayPal Terms of Service and Acceptable Use Policy) and with applicable card network rules, and you may not use the Services to sell products or services that those processors or card networks prohibit. You are responsible for your PCI DSS compliance obligations. We recommend hosted or tokenized payment fields so that cardholder data does not pass through or reside on your hosting account, and you must not store full card numbers or security codes on the Services.

13. Reseller Hosting Terms

Reseller plans allow you to create and sell hosting accounts to your own customers ("End Users") under your own brand. You are the service provider to your End Users and are solely responsible for billing, support, account management and all obligations to them.

• You must require each End User to accept terms at least as protective of Foxeep as this Agreement, including the Acceptable Use Policy. You are responsible for all End User activity, and violations by an End User are treated as your violations.
• You must provide first-line support to End Users. Our support team assists you, not your End Users directly.
• Total usage across all End User accounts must remain within your plan's limits.
• Included third-party licenses (such as WHMCS or cPanel) are provided subject to their licensors' terms and only while your plan is active.
• Domain reseller accounts are subject to Sections 14 and 15 and to the applicable registrar reseller agreement, and you must pass through all required ICANN and registry terms to your customers.
• On termination, you are responsible for migrating End User data. If we terminate for a reason other than non-payment or a serious violation, we will provide a 14-day retrieval window. For non-payment, your data remains available throughout the suspension period that precedes termination.

14. Domain Name Registration Terms

Domain registration services are provided by Foxeep as a reseller of, or through, one or more ICANN-accredited registrars (the "Registrar"). By registering a domain, you also agree to the Registrar's registration agreement, the policies of the applicable registry operator, and all applicable ICANN consensus policies, including the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the Uniform Rapid Suspension (URS) system and the Transfer Policy. ICANN's Registrants' Benefits and Responsibilities are linked in our Legal Center.

• Accurate data: You must provide accurate and complete registrant contact information and update it within 7 days of any change. Under ICANN's Registrar Accreditation Agreement, we must verify your email address; if it is not verified within 15 days, the domain may be suspended. Providing false information, or failing to respond within 15 days to an inquiry about accuracy, is grounds for suspension or cancellation.
• No guarantee: A domain is not registered until the registry confirms it. We are not liable if a name you requested becomes unavailable before registration, or for pricing errors, which we may correct.
• Your rights: Registration grants you the right to use the domain for the paid term, subject to these terms and applicable policies. It does not grant ownership of any trademark.
• Representations: You represent that your registration and use of the domain do not infringe the rights of any third party, including trademark rights protected under the Lanham Act and the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d), and are not for an unlawful purpose.
• Disputes: You agree to submit to mandatory administrative proceedings under the UDRP or URS and acknowledge that we and the Registrar will comply with decisions and court orders affecting your domain.
• Expiration and renewal: We send renewal reminders approximately 35, 15 and 7 days before expiration, 1 day after expiration, and again about 25 days after expiration. After expiration the domain may stop resolving. Most generic domains have a renewal grace period (generally up to 30 days, varying by registry) followed by a redemption grace period of about 30 days, during which restoration requires a redemption fee. Expired domains that are not renewed may be deleted, auctioned or re-registered by others.
• Privacy service: Free WHOIS privacy is provided through a privacy or proxy service. We may disclose your underlying contact details where required by law, by ICANN policy, in response to a valid legal process, or to address abuse, and we may terminate the privacy service if the domain is used in violation of this Agreement.
• Country-code domains: ccTLDs such as .us, .ca and .uk have their own eligibility requirements and policies, which you must satisfy. The .us usTLD requires a U.S. nexus under its Nexus Requirements, and .us registrations are not eligible for privacy service.

15. Domain Transfer Terms

When you transfer a domain to us, you authorize us to act on your behalf with the losing registrar and the registry. Transfers are governed by the ICANN Transfer Policy as amended.

• You must be the registered name holder or authorized by them, and must provide a valid authorization (EPP) code.
• Registrars may deny a transfer in certain cases, including within 60 days of initial registration or a prior transfer, during a pending UDRP proceeding, or where there is evidence of fraud. Contact changes may trigger a 60-day inter-registrar transfer lock unless you opted out where permitted.
• Transfer fees generally include one additional year of registration, added to the current expiration date (subject to a 10-year maximum). Some ccTLDs do not add a year.
• If a transfer fails because of incorrect information, locks or a denial by the losing registrar, you may retry or request a refund of the unused transfer fee within 30 days.
• You may transfer domains away from us at any time, subject to the same policies. We will provide your authorization code promptly through your dashboard and will not deny a valid transfer request except as permitted by ICANN policy, such as for unpaid fees or evidence of fraud.

16. Uptime Guarantee (Service Level)

We guarantee 99.9% network and server uptime for hosting Services each calendar month, excluding scheduled maintenance announced at least 24 hours in advance, emergency security maintenance, issues caused by your content or configuration, third-party services, DNS propagation, and events beyond our reasonable control.

If monthly uptime falls below 99.9%, you may request a credit within 30 days: calculated as set out in our Service Level Agreement, from 5% up to a maximum of 50% of that month's hosting fee. Credits are applied to future invoices, are not redeemable for cash, and are your sole and exclusive remedy for downtime.

17. Intellectual Property and DMCA

The Services, our website, software, trademarks and logos are owned by Foxeep, Inc. or its licensors and are protected by U.S. and international laws. Except for the limited rights expressly granted to use the Services, no rights are transferred to you.

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Our designated agent registered with the U.S. Copyright Office can be reached at legal@foxeep.com or by mail at 16192 Coastal Hwy, Lewes, DE 19958, United States, Attn: DMCA Agent. A notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work; (3) identification of the infringing material and its location (URL); (4) your contact information; (5) a statement of good-faith belief that the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

If your content is removed, you may submit a counter-notification under 17 U.S.C. § 512(g). We will terminate, in appropriate circumstances, the accounts of repeat infringers.

18. Privacy, Security and Legal Requests

Our collection and use of personal information is described in our Privacy Policy. We use administrative, technical and physical safeguards appropriate to the nature of the Services.

We disclose customer information to governmental authorities only as required by law, including the Stored Communications Act, 18 U.S.C. § 2701 et seq. We generally require a subpoena, court order or search warrant, as applicable, and will notify affected customers before disclosure unless legally prohibited or where notice would create a risk of harm. We may preserve records upon a valid preservation request under 18 U.S.C. § 2703(f).

Where we process personal data on your behalf as part of the Services, our Customer Data Processing Addendum applies.

19. Suspension and Termination

You may cancel Services at any time from your dashboard. Cancellation takes effect at the end of the current term unless you request immediate cancellation, subject to Section 5. We process cancellation requests within one business day.

We may suspend or terminate Services for non-payment, for violation of this Agreement, to comply with law or a court order, or to prevent harm to the Services, other customers or third parties. Where reasonable, we will give notice and an opportunity to cure. After termination for non-payment, Customer Content is permanently deleted and cannot be recovered. After termination for any other reason, Customer Content may be deleted after 14 days, except for serious violations, and we have no obligation to retain it. Sections that by their nature should survive (including fees owed, disclaimers, limitation of liability, indemnification and dispute resolution) survive termination.

20. Disclaimer of Warranties

Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

21. Limitation of Liability and Indemnification

These limitations do not apply to liability that cannot be limited under applicable law, such as liability for gross negligence, willful misconduct or fraud.

You agree to defend, indemnify and hold harmless Foxeep, Inc. and its affiliates from any third-party claims, losses and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Services, your End Users (for Reseller customers), your domain names, or your breach of this Agreement or applicable law.

22. Governing Law, Arbitration and Class Action Waiver

Governing law. This Agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), applicable federal law, and the laws of the State of Delaware, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before starting any formal proceeding, you and we agree to try to resolve the dispute informally for at least 30 days, beginning with written notice to legal@foxeep.com (for you) or to your account email (for us).

Binding arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for businesses). The arbitration will take place in Lewes, Delaware, or by video or written submission at your choice, and judgment on the award may be entered in any court with jurisdiction. For consumer claims, we will pay AAA filing and arbitrator fees in excess of the amount you would pay to file in court.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. Domain disputes may proceed under the UDRP, URS or in a court of competent jurisdiction as those policies allow.

Class action waiver. YOU AND FOXEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. JURY TRIALS ARE WAIVED TO THE EXTENT PERMITTED BY LAW.

30-day opt-out. You may opt out of this arbitration agreement by emailing legal@foxeep.com within 30 days of first accepting this Agreement, stating your name, account email and that you opt out. Opting out does not affect any other terms.

Venue. For any matter not subject to arbitration, you and we consent to the exclusive jurisdiction of the state courts located in New Castle County, Delaware, or the United States District Court for the District of Delaware.

23. Export Controls and Sanctions

You agree to comply with all applicable U.S. export control and economic sanctions laws, including the Export Administration Regulations (15 C.F.R. Parts 730–774) and regulations administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). You represent that you are not located in a comprehensively sanctioned country or region and are not on any U.S. government restricted-party list. We may refuse or terminate Services to comply with these laws.

24. General Provisions

• Changes. We may update this Agreement. We will post the updated version with a new "Last updated" date and, for material changes, notify you by email or dashboard notice at least 30 days before they take effect. Continued use after the effective date means you accept the changes; if you do not agree, you may cancel before they take effect.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government action, utility or internet failures, and large-scale cyberattacks.
• Assignment. You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of assets.
• Entire agreement. This Agreement and the documents it incorporates are the entire agreement between you and us about the Services and supersede prior agreements.
• Severability and waiver. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.
• Notices. We send notices to your account email. You send legal notices to legal@foxeep.com and by mail to Foxeep, Inc., Attn: Legal Department, 16192 Coastal Hwy, Lewes, DE 19958, United States.
• No third-party beneficiaries. Except as stated for the Registrar in Section 14, nothing in this Agreement creates rights for third parties.
• Consumer rights. Nothing in this Agreement limits any right you have under applicable consumer protection laws that cannot be waived by contract, including the Delaware Consumer Fraud Act, 6 Del. C. § 2511 et seq.
• Customer service. Our customer service team is available 24/7 at support@foxeep.com and +1 (302) 550-4769. Billing questions: billing@foxeep.com.

25. Contact

Questions about this Agreement can be sent to legal@foxeep.com, by phone at +1 (302) 550-4769, or by mail to Foxeep, Inc., Attn: Legal Department, 16192 Coastal Hwy, Lewes, DE 19958, United States.

These policies and agreements may be changed at any time when necessary. The current version is always published on this page with the date of its last update.