Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Sunny HQ, LLC (“Sunny HQ,” “we,” “us,” or “our”), a North Carolina limited liability company, governing your access to and use of our managed WordPress hosting, maintenance, and support services (the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Description of Services

Sunny HQ provides managed WordPress hosting, website maintenance, security monitoring, performance optimization, and technical support services. Our Services include:

• Managed WordPress hosting on enterprise-class infrastructure
• Daily backups and disaster recovery
• WordPress core, theme, and plugin updates
• Security monitoring, malware scanning, and removal
• Performance optimization and caching
• Technical support via email
• Uptime monitoring

The specific features available to you depend on your selected service plan. Plan details are available on our Plans & Pricing page.

Account Terms

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not use another persons account without permission. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• To violate any applicable law or regulation
• To infringe upon the intellectual property rights of others
• To transmit malware, viruses, or other malicious code
• To send spam, phishing attempts, or unsolicited communications
• To host content that is illegal, defamatory, obscene, or harmful
• To engage in any activity that disrupts or interferes with our Services
• To attempt to gain unauthorized access to our systems or networks
• To use excessive server resources that negatively impact other customers

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this Acceptable Use Policy.

Payment Terms

You agree to pay all fees associated with your selected service plan. Fees are billed in advance on a monthly or annual basis, depending on your plan selection. All fees are non-refundable except as expressly stated in our Refund & Cancellation Policy.

We accept payment by major credit cards and other payment methods as indicated on our website. You authorize us to charge your selected payment method for all fees when due. If payment fails, we may suspend your Services until payment is received.

We reserve the right to modify our pricing at any time. Price changes will take effect at the start of your next billing cycle following notice of the change.

Cancellation and Refunds

You may cancel your Services at any time by contacting us at [email protected]. Cancellation terms and any applicable refunds are governed by our Refund & Cancellation Policy, which is incorporated into these Terms by reference.

Intellectual Property

You retain all ownership rights to your website content, data, and intellectual property. By using our Services, you grant us a limited license to host, store, and transmit your content as necessary to provide the Services.

Sunny HQ and our logos, trademarks, and service marks are our exclusive property. You may not use our marks without our prior written consent.

Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for maintaining backups of your website content. While we perform daily backups as part of our Services, we do not guarantee the availability or integrity of backup data.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNNY HQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Sunny HQ, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees) arising out of or related to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content you submit, post, or transmit through our Services

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of our Services after any changes constitutes your acceptance of the modified Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and you consent to the personal jurisdiction of such courts.

Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Raleigh, North Carolina.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and Sunny HQ regarding your use of our Services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us:

Sunny HQ, LLC
Email: [email protected]
Phone: (866) 258-8822