11. Term and Termination
This Agreement shall be effective as long as our records indicate the Account is open, regardless of whether or not the Service are being used by you or any other person or party. This Agreement and all Service on the Account will automatically renew and you will be charged for additional terms equal to the previous term until and unless the Account is closed by you or Advanced WP in accordance with this Agreement. You may close the Account or any of the Service at any time by submitting a Request to Close through the Account dashboard. The Account dashboard is the only means through which you can submit a Request to Close the Account or a Service. For instructions on submitting a Request to Close, please see this guide. All fees due through the closure date are completely NON-REFUNDABLE. Terms set forth herein that govern the Account, payment of fees for the Service, resolution of any disputes between us, and other such terms that are surviving in nature, continue to apply even after you close the Account.
With the exception of closure by Advanced WP pursuant to this Agreement, the Account Owner is the only person authorized to close the Account or any of the Service associated with it. Account Contacts or other third parties are not permitted to close the Account nor any of the Service associated with it.
In some cases, the earliest available close date presented to you in the Account may not be soon enough for you. For example, if the earliest available close date is your next Billing Date, but you wish to close sooner than your next Billing Date, we can help you with that. If you would prefer to have your Service or Account closed sooner, you must simply choose the earliest available close date given in Account and submit the Request to Close. Following your submission, you will simply need to send us a Support Request asking us to disregard your chosen close date in favour of a more desirable close date. In order to be considered valid, your Support Request must also contain your unambiguous acknowledgement that you are aware that all Content associated with any closed Service or Account will be deleted upon closure and we will not have backups of the Content. We may refuse to process any request to expedite closure that does not explicitly and unambiguously include this acknowledgement. Requests are processed in the order in which received and may take anywhere from 24-48 business hours to process.
11.2. Our Right to Close your Account
Advanced WP reserves the right, in its sole discretion, to close the Account, without prior notice, for any one or all of the following:
- if you, whether intentional or unintentional, breach any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of Advanced WP;
- if we receive notice that you or your company will be or is subject to insolvency proceedings;
- upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the Account;
- if we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department;
- if, in our judgment, your use of the Service has the potential to pose any harm to Advanced WP, any of our affiliates, partners, service providers or customers;
- if the Account becomes past due and is not paid within twenty days of becoming past due;
- if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you;
- if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of the Account or any individual Service, to our satisfaction, and within the time frame we specify; or
- if, in our judgment, we have received too many complaints about your Content.
In the event of any such closure of the Account, you will not be eligible for a refund of any fees and you may be prohibited from reopening the Account, opening a new Account or accessing any existing Account. In other words, pay us on time and don’t be stupid or do anything that breaches or otherwise violates any section of this Agreement, and we shouldn’t have to close the Account. You agree that Advanced WP shall not be liable, in any way, for any closure pursuant to this section of this Agreement.
11.3. Effects of Closure and Suspension
11.3.1. Upon any closure of the Account:
- this Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive);
- all access to the Service and Account will cease immediately;
- you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed; and
- all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close the Account or any of the Service.
11.3.2. You agree to hold Advanced WP harmless from and against any and all claims, losses or damages arising from any closure of the Account. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access the Account or any of the Service formerly associated with the Account following any closure.
11.3.3. Upon any closure of an individual service: (i) all access to the Service shall cease immediately; (ii) you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed for the service; and (iii) all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close a service. You agree to hold Advanced WP harmless from and against any and all claims, losses or damages arising from any closure of any service. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after termination of this Agreement. You are not permitted to access any closed service following any closure of the service.
11.3.4. Upon any suspension of the Account, all Service associated with the Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of the Account or any individual Service, you will not be permitted to:
- add, upgrade, downgrade or modify any of the Service;
- request an emergency restoration;
- transfer any Service, including but not limited to domain name registrations;
- access any of the websites, email accounts or Content associated with the suspended Service or account.
You agree to hold Advanced WP harmless from and against any and all claims, losses or damages arising from any suspension of the Account or the individual Service.