Terms of Service
The agreement between CaboWayne Web Hosting and the customer for hosting services.
This draft is a starting point written for review. It is not legal advice and must be reviewed and approved by a qualified lawyer before launch.
1. Who you are contracting with
CaboWayne Web Hosting is operated as a sole proprietorship by Wayne Richard Carlson, 3557 E County Highway 30A, Santa Rosa Beach, Florida 32459, United States ("CaboWayne", "we", "us"). These terms form the agreement between you and Wayne Richard Carlson trading as CaboWayne Web Hosting.
2. Acceptance
By purchasing, accessing or continuing to use CaboWayne Web Hosting services you agree to these terms. If you do not agree, do not use the service. If you are entering into these terms on behalf of an organization, you confirm you have authority to bind it; if you are contracting as an individual, you confirm you are of legal age.
3. Services
We provide shared web hosting, email hosting and related services as described on the plan you purchase. Plan limits, including storage, mailbox counts and fair-use bandwidth, are published on the pricing page. We grant you a limited, non-exclusive, non-transferable right to use the service within the plan you have selected.
4. Fees and billing
Services are billed in USD up front for the plan term shown at checkout — 12 months for the Starter, Business and Premium plans, or 1 month for the optional Setup & Tech Support add-on. Every term is charged at the plan's flat monthly rate multiplied by the number of months, with no discount for choosing a longer term. Prices are quoted in USD. Any sales, use or value-added tax that applies to your purchase is your responsibility unless stated otherwise at checkout. Payments are made in cryptocurrency through our payment processor, NOWPayments, and are charged once for the term shown. Terms do not renew automatically; you choose whether to pay for a further term before the current one ends.
5. Seller of record
Wayne Richard Carlson, trading as CaboWayne Web Hosting, is the seller of record for all orders. NOWPayments acts solely as our cryptocurrency payment processor and is not a party to the sale. All customer service, billing questions and refund requests are handled by us directly through the Support page.
6. Acceptable use and customer responsibilities
You must not misuse the service. Prohibited use includes unlawful activity, fraud, spam or unsolicited bulk email, infringement of intellectual property rights, and interference with security such as distributing malware, probing or scanning our systems, or unauthorized scraping. You are responsible for the content you host, for keeping your account credentials confidential, for all activity under your account, for providing accurate account information and keeping it current, and for maintaining your own copies of important data. Full details are in our Acceptable Use Policy.
7. Intellectual property
We retain all ownership of the service and its intellectual property, including software, configurations, documentation and branding. You retain ownership of your content and grant us a limited licence to host and process it solely to provide the service. You may not reverse engineer, resell or redistribute the service, or circumvent technical limits.
8. Service level and warranties
We target the availability described in our Service-Level Policy, but we do not guarantee that the service will be uninterrupted, secure or error-free. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability and fitness for a particular purpose.
9. Suspension and termination
We may suspend or terminate access for material breach of these terms, non-payment, security or fraud risk, or repeated or serious violations of the Acceptable Use Policy, with notice where reasonably possible. On termination you will have a reasonable window to export your data before it is deleted.
10. Limitation of liability
To the extent permitted by law, our aggregate liability is limited to the fees paid for the affected service in the twelve months preceding the claim. We exclude liability for indirect, consequential or special damages, including loss of profits, data or goodwill. Nothing in these terms excludes liability for fraud, death or personal injury where that exclusion is not permitted by law. You will indemnify us against claims arising from your content, your unlawful use of the service, or your breach of these terms.
11. Changes, governing law and assignment
We may update these terms with notice. These terms are governed by the laws of the State of Florida, United States, with venue in the state and federal courts serving Walton County, Florida. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition or sale of the business. Neither party is liable for delays caused by events beyond its reasonable control.