General Terms of Service

These Terms of Service (the "Agreement") are an agreement between Create.com, LLC ("Create", "us", "our", or the “Company”) and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Create and of the Create.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.Create.com LLC agrees to provide the services described by the website for all purchases made by the customer. The customer may add services at any time and agrees to pay for the services in advance whether this be a 1 time charge or recurring fee.

Customers agree that they are at least 18 years of age on the date of purchase. Any use of the services provided by Create.com, LLC by a user under the age of 18 is a violation of this agreement and will result in termination of said agreement.

INVOICES & PAYMENT

Create.com, LLC will invoice Customer for Fees and Expenses based on the term selected at the time of order. Create.com, LLC may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customer request immediately upon Create.com, LLC’s provision of such Service(s). Customer acknowledges that Create.com, LLC will invoice certain Service(s) in advance of the provision of such Service(s).

REFUNDS & CANCELLATION

All payments to Create.com, LLC are non-refundable (except under the 50 day money back guarantee). This includes prepayment fees, and subsequent charges regardless of usage. A customer may be eligible for a prorated refund for hosting package terms greater than 1 month. Refund eligibility will be evaluated and determined at the time of valid cancellation receipt, submitted by the customer. No refunds are issued on account downgrades, instead, a credit for the difference will be added to the account for future invoices.

Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our contact form located at https://create.com/cancel and you must have all account information before a cancellation can be processed. Cancelation requests must be submitted by the owner of the account.

Only first time accounts are eligible for a refund. If you purchase a hosting service, then purchase a new or secondary service later, that new service would not be eligible for a refund under the 50 day money back guarantee.

Under certain circumstances, you may be asked to make a payment via bank wire, check, or money order. No refunds of any kind will be provided on payments using bank wire, check or money order. If you are asked to use one of these payment methods and a situation comes up that would normally grant a refund, a credit for the same amount will be added to your account to be applied to new or future services.

MONEY BACK GUARANTEE

Create.com offers a fifty (50) day money-back guarantee for Create.com, LLC’s managed shared and reseller hosting services only. The money back guarantee does not include domains or any paid 3rd party products like SSL certificates.Subject to the terms described in this article, if you are not completely satisfied with these hosting services and you terminate your account within fifty (50) days of the account being provisioned for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to domains, administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

DOMAIN RENEWALS

Domains purchased from Create.com, LLC will begin the renewal process 30 days before expiration. You will receive a notice of expiration/renewal 30 days and 7 days before the expiration date. If a payment method is saved on file, no action is needed and the domain will renew automatically 5 days prior to expiration. Failure to pay the invoice on time will result in the domain being suspended for 30 days. Afterwards the domain will be placed in redemption. Domains that are expired may, at our discretion, be granted a grace period. By default Create.com offers a 15-day grace period starting on the listed expiration date. During this time, the DNS of the domain is updated, thereby disabling the customer’s host records. To restore the prior DNS settings, the customer must renew the domain or complete a transfer of the domain to another registrar. All redemption renewal requests must be submitted manually by emailing us at [email protected]. There is no guarantee that a domain will be available to renew once the domain enters the redemption period as some domains are not eligible for a grace period such as ccTLD (Country Code Top Level Domains). It is a customer's responsibility to keep a valid form of payment on file at all times to prevent renewal issues.

TERMINATION

Create.com, LLC may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:

  • (i) You fail to pay any fees due hereunder to Create.com;
  • (ii) You violate the terms and conditions of this Agreement;
  • (iii) Your conduct may harm Create.com, LLC or others, cause Create.com, LLC or others to incur liability, or disrupt Create.com’s business operations (as determined by Create.com, LLC in its sole discretion);
  • (iv) You are abusive toward Create.com’s staff in any manner; or
  • (v) For any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such an event, Create.com, LLC will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

DATA MIGRATIONS

Our automated Migrations Tool and Migration Support Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. Our data migration tool is available for use by any customer. In no event shall Create.com, LLC be held liable for any lost or missing data or files resulting from a transfer to or from Create.com. You are solely responsible for backing up your data in all circumstances.

BANDWIDTH OVERAGES

Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances. This includes, website traffic, email and attachments as well as any distribution of files being stored on the hosting account. Shared accounts have unmetered bandwidth resource usage. This means that the bandwidth transfer speed of the server is set, but there is no restriction to how much you can use. Reseller and WordPress accounts are subject to the terms of the plan that was purchased.

RESOURCE USAGE

All use of hosting space provided by Create.com is subject to the terms of this Agreement and the Acceptable Use Policy.

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Create.com expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Create.com may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Create.com’s terms and conditions. Create.com reserves the right to temporarily suspend any account found using more than 25% of the server’s total resources (Memory, CPU, etc.) for more than 90 seconds at a time to maintain the integrity of the server.

UPTIME GUARANTEE

Shared and Reseller accounts are held to an uptime standard of 99.9%. If either of these servers experience physical downtime, a credit of 1 month is added to the associated billing account. The uptime of the server is defined as the reported uptime of the operating system and Apache Web Server, which may report differently than the uptime of other services. 3rd party monitoring tools like Pingdom cannot be used to justify downtime. All credit request approvals are up to the discretion of Create.com, LLC employees and can be requested by emailing us at [email protected].

USER CONTENT

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Create.com, LLC that:

  • (i) You have all the necessary rights to post or distribute such User Content, and
  • (ii) Your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Create.com, LLC exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Create.com’s servers, network hubs and points of presence or the Internet. Create.com, LLC does not monitor User Content. However, you acknowledge and agree that Create.com, LLC may, but is not obligated to, immediately take any corrective action in Create.com’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Create.com, LLC shall have no liability due to any corrective action that Create.com, LLC may take. All User Content must meet legal requirements for the state of Texas, as well as the United States Federal Government.

DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to respond to clear notices of alleged infringement. If you feel that a site is hosting your content without your permission, please contact us at [email protected] with your DMCA take down request. We will need the following information:

  • Your name / Copyright owner’s Name
  • Email address
  • [email protected] number
  • Work(s) being infringed
  • Description of the work(s) being infringed
  • Name of infringing material
  • Description of infringing material
  • Location (URL)

You may read more about the DMCA process here. The DMCA take down process is listed under section 512.

BACKUPS

Create.com, LLC will not be held responsible for any loss of data held on our servers. As such, we do provide daily backup as a courtesy to our customers for all package types except for the shared Starter package. Create.com customers on the Starter plan will have to request for a back up from our support team by creating a ticket to [email protected]. Create.com is not responsible for the data if the back ups become lost or corrupted as it is the responsibility of the customer to maintain current backups of their website data.

CPU USAGE & DISK USAGE

Shared hosting space (shared, WordPress, and reseller plans) may only be used to store website files, images and active email. This space may NOT be used for media storage, personal computer backup space or any type of cloud storage replacement. Running an FTP host is also prohibited under these terms. We reserve the right to review accounts as needed to ensure the integrity and availability of our services. Accounts found in violation of this agreement may be subject to further review. We reserve the right to terminate access to services and terminate the files themselves if they are in violation of this agreement.

TERM

The term of this Agreement begins upon the date the hosting account is purchased and will last until notice of cancellation is received and processed.

WARRANTY

The services provided under this agreement are provided on an "as is" and "as available basis." Except as expressly provided in this section, Create.com and our employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder.

Create.com and our employees, agents, suppliers and licensors make no representations or warranties

  • (i) that the services will be uninterrupted, error free or completely secure;
  • (ii) as to the results that may be obtained from the use of the services; or
  • (iii) as to the accuracy, reliability or content of any information provided through the services.

Create.com and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.

WARRANTIES OF CUSTOMER

Customer hereby covenants, represents and warrants that: Customer will not, and will not permit others to, use any Service(s):

  • (i) For any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity,
  • (ii) In violation of any applicable law or regulation,
  • (iii) In a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or
  • (iv) In connection with any conduct or activity that is, in the sole opinion of Create.com, LLC, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortious or violative of the rights of any other person or entity.

    • Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s); No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will:

    • (i) Interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party,
    • (ii) Unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or
    • (iii) Create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party.

COMPLIANCE

You agree to comply with all applicable laws, rules, and regulations, including without limitation, all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email, and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside.

Services are controlled and operated by us from our offices within the United States and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

THIRD PARTY PRODUCTS

Third Party Providers

Create.com, LLC may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

Create.com, LLC does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Create.com, LLC is not an agent, representative, trustee, or fiduciary of you or the third party provider in any transaction.

Create.com, LLC as Reseller or Licensor

Create.com, LLC may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Create.com, LLC Products”). Create.com, LLC shall not be responsible for any changes in the Services that cause any Non-Create.com, LLC Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Create.com, LLC Products, either sold, licensed or provided by Create.com, LLC to you will not be deemed a breach of Create.com’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Create.com, LLC Product are limited to those rights extended to you by the manufacturer of such Non-Create.com, LLC Product. You are entitled to use any Non-Create.com, LLC Product supplied by Create.com, LLC only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Create.com, LLC Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Create.com, LLC Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Create.com, LLC (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

PROHIBITED PERSONS AND COUNTRIES

Create.com, LLC Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine. A full list can be found here.); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Create.com, LLC also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

INDEMNIFICATION

Create.com, LLC reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Create.com, LLC. We reserve the right to remove, delete, disable or block transmission of any data or materials which Create.com, LLC reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by the Customer. Customer agrees to defend, indemnify and hold harmless Create.com, LLC, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively “Indemnitees”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with:

  • (i) Customer’s purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or
  • (ii) Customer’s breach of any provision of this Agreement.

LIMITATION OF LIABILITY

In no event will create.com its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Create.com is aware or has been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, Create.com’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Create.com for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. the existence of more than one claim hereunder will not increase this limit.

FORCE MAJEURE

If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.

CONSTRUCTION, VENUE, JURISDICTION

This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Texas. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Texas. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

SUPERIOR AGREEMENT

This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to Create.com, LLC, shall be of no effect, unless otherwise expressly provided in the Agreement.

ASSIGNMENT

This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without Create.com, LLC’s prior written consent. Any attempted assignment without Create.com, LLC’s written consent shall be null and void.

NOTICE

Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person’s successor, by either:

  • (i) Registered mail;
  • (ii) Certified mail, return receipt requested;
  • (iii) Overnight mail;
  • (iv) Email that is replied to as accepted – appropriately directed to the attention of the Party executing the Agreement or that person’s successor.

Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received.

SEVERABILITY

If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

VENUE

The customer agrees that the exclusive venue for litigation shall be Harris County, Texas. All lawsuits shall occur here and the customer agrees that any judgments may be domesticated to their local court of appropriate jurisdiction to enforce the judgment.

Acceptance – Customers’ payment of their initial invoice shall constitute acceptance of this agreement. This agreement shall be modified from time to time by Create.com, LLC and the then current version shall be posted on the Create.com, LLC website. If a customer does not agree to the new terms – the customer should cease utilizing the services at the next term.

If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.