Terms of Service
Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the website hosting, domain, email, website, SEO, advertising, site-care, and related services (collectively, the “Services”) provided by DPE, Inc. dba Webquarry (“Webquarry,” “we,” “us,” or “our”). By ordering, accessing, or using the Services, or by creating an account, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Description of Services
Webquarry provides website hosting (including shared, reseller, and related hosting plans), domain registration assistance, email services, website design and maintenance, local SEO, paid advertising management, and related site-care services. Specific features, resources, and limitations for any plan are described at the time of order and may be updated. We reserve the right to modify, suspend, or discontinue any Service with reasonable notice where practicable.
Account Registration and Security
You must provide accurate and complete information when creating an account and keep that information current. You are responsible for maintaining the confidentiality of your usernames, passwords, and account credentials and for all activity that occurs under your account. You agree to keep all software, scripts, themes, plugins, and applications on your account up to date and to keep your own computers and networks free of viruses, malware, and unauthorized access tools. Any security breach or suspected compromise of your account may result in immediate suspension without prior notice until we are satisfied that the issue has been resolved. You are solely responsible for any loss or damage arising from your failure to protect your credentials.
Acceptable Use
You may use the Services only for lawful purposes and in a manner that does not infringe the rights of others or interfere with the operation of our systems or the use of the Services by other customers. You agree not to transmit, store, or distribute any material that violates applicable law, including copyrighted material, trademarks, trade secrets, or other intellectual property used without authorization; material that is obscene, defamatory, or constitutes an illegal threat; or material that violates export-control laws. Prohibited examples include, but are not limited to, hacker tools or archives, pirated software, phishing sites, warez, and IRC bots.
You may not use the Services to send unsolicited bulk email (spam) or to host sites or content advertised through spam, unsolicited usenet postings, or similar methods. You may not resell or make available to third parties any Webquarry services, mail forwarding, POP accounts, autoresponders, proxy services, or pre-installed scripts except as expressly permitted under a reseller account. Our servers are intended for the hosting of customer websites and related files that are linked to and served from those websites. Use of the Services primarily for storage or retrieval of images, audio, video, or other files not linked to a public website is prohibited.
Adult Content
We prohibit the hosting or serving of adult-related material of any nature, including links to adult sites or “Adult Check”-style password-protected sites. Accounts found to contain or link to such material will be suspended or terminated.
Resource Usage and Bandwidth
Shared resources (CPU, memory, disk, and bandwidth) must be used responsibly. Excessive use that negatively affects other customers may result in temporary limits, relocation to a different server, assistance with optimization, or account termination at our discretion.
We provide non-stop (unmetered) bandwidth to qualified shared hosting accounts that meet the following criteria: at least 80 percent of files are linked from publicly accessible HTML or equivalent web pages; the domain uses our nameservers; the site consists primarily of web pages and images used on those pages; the site is not adult in nature; and the site is not primarily designed to provide files for download. Sites that do not qualify (including download sites, sites where more than 80 percent of bandwidth is used by video/audio/flash files, adult sites, image galleries, primary message boards, or shopping carts exceeding 1,500 items) are subject to the bandwidth limits stated in the applicable plan documentation. Qualified accounts begin with standard limits and may request increases via support ticket once 80 percent of the current limit is reached. Increases are granted at our sole discretion after verification.
Scheduled tasks (cron or at) must be used sparingly and may not run more frequently than every 10 minutes.
Fees, Payment, and Billing
Fees for the Services are due in advance according to the billing cycle you select. All payments must be made in U.S. funds drawn on U.S. banks. We currently accept major credit cards and other payment methods disclosed at checkout. Accounts are billed on or about the first of each month (or the anniversary of the billing cycle) until you cancel. You authorize us to charge the payment method on file for recurring fees. Accounts more than 30 days past due may incur late fees and may be suspended or referred to collections, in which case additional collection costs may be added. Opening an account with another provider does not cancel your Webquarry account; you remain responsible for fees until you contact us and complete cancellation.
Refunds and Cancellations
We offer a 30-day money-back guarantee on new hosting accounts only. Domain registrations, SSL certificates, programming, design, SEO, advertising management, and other professional services fees are non-refundable. To cancel, you must contact us by phone or email and verify the last four digits of the credit card on file. Cancellation is effective at the end of the current billing period unless otherwise agreed in writing. We do not provide prorated refunds for partial periods except as required by law or under the 30-day hosting guarantee.
Backups and Data
You are solely responsible for maintaining your own backups of all data, websites, databases, and email. We maintain backups solely for our own disaster-recovery purposes and do not warrant the availability, completeness, or integrity of any backup. Recovery assistance, if available, is provided at our then-current hourly rate and only if the relevant files exist in our backups. Email storage is intended for active mail only. Mailboxes larger than reasonable operational limits or containing mail older than six months may be purged without notice. We recommend archiving large volumes of mail locally or with an external email service.
Intellectual Property
All rights in the Services, our website, software, trademarks, and content we provide remain our property or that of our licensors. You retain ownership of content you upload. You grant us a limited license to host, display, and transmit your content solely as necessary to provide the Services. You represent that you have all rights necessary to upload and use any content you place on the Services and that such content does not infringe third-party rights.
Customer Content and Indemnification
You are solely responsible for all content, data, and activity on your account. You agree to indemnify, defend, and hold harmless Webquarry, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the Services, your violation of these Terms, or your violation of any third-party rights or applicable law.
Limited Warranty and Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBQUARRY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, NOR DO WE WARRANT ANY PARTICULAR RESULTS OR COMPATIBILITY WITH THIRD-PARTY SOFTWARE OR SERVICES. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBQUARRY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NO ACTION MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Termination
We may suspend or terminate your account and access to the Services immediately, without prior notice, for any violation of these Terms, non-payment, security risk, or excessive resource use. You may cancel as described above. Upon termination, your right to use the Services ceases and we may delete your data after a reasonable period. Provisions that by their nature should survive (including liability limits, indemnification, and governing law) will survive termination.
Copyright and DMCA
We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To submit a notice, contact us at the address below with the information required by 17 U.S.C. § 512(c)(3). We may terminate accounts of repeat infringers.
Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference. We collect and process information as described in that policy. By using the Services you consent to such collection and processing, including transfer and storage in the United States.
Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms on our website and update the “Last Updated” date. Continued use of the Services after the effective date of changes constitutes acceptance of the revised Terms. Material changes will be communicated via email or account notice where practicable.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising out of these Terms or the Services shall be resolved exclusively in the state or federal courts located in Contra Costa County, California, and you consent to personal jurisdiction there. You waive any right to a jury trial or to participate in a class action to the extent permitted by law.
Miscellaneous
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right does not waive that right. These Terms constitute the entire agreement between you and Webquarry regarding the Services and supersede prior agreements on the same subject. You may not assign these Terms without our written consent; we may assign them freely. We are not liable for delays or failures caused by events beyond our reasonable control.
Contact
Questions about these Terms may be directed to:
DPE, Inc. dba Webquarry
PO Box 5403
Concord, CA 94520
Phone: (925) 726-4420
Email: support@staff.webquarry.com
Last Updated: 10/10/2026