Web Hosting Terms and Conditions

By ordering web hosting services from Dom Kirby Creative, LLC (“We”, “Us”, “Our”), You agree to the Terms and Conditions contained herein. If You are an individual representing yourself, this Agreement is between You and Us. If You are an individual representing a company or an organization, You affirm that You have legal authority to execute agreements on behalf of Your Organization, and, if You are not authorized to enter such agreements, You agree to be personally responsible for all of the terms contained herein.

Deliverables

We will deliver the following services to You pursuant to this agreement:

• A single shared web hosting account on Our web hosting infrastructure for the sole purpose of hosting Your websites and related applications (the “hosting account”)
• The hosting account shall have resources entitled to it that are commensurate to the hosting plan you’ve selected.

Approval

Before We provision a hosting account for You, We will review and approve Your order. We reserve the right to reject any requests for hosting services for any reason. We are not required to provide You with a reason if we reject Your hosting services request.

Conditions and Acceptable Use

Acceptable Use

You may use the hosting account in Your normal course of business related to hosing your websites that are intended to be publicly available for general purposes of marketing, awareness, brand recognition, customer interaction, or similar activities. You may host applications intended for this purpose such as WordPress, Joomla, hand-coded HTML, or other similar web technologies. Our hosting services are not intended to host private information portals such as customer or employee portals, confidential information, or other classes of sensitive information. If You opt to use the hosting account to host nonpublic data, You are doing so at your own risk.

Examples of Unacceptable Use

Not Allowed: Hosting of or distribution of the following scenarios may lead to immediate account suspension or termination without warning: 

• IRC Servers
• Traffic Exchange, Crawlers, etc.
• Illegal Downloads/Uploads/Pirated content/etc.
• “Hacking” tools such as port scanners, IP scanners, etc.
• Any sort of email services except for regular transaction emails generated by your website applications
• Investment sites
• Adult content (pornography)
• Child Sexual Abuse Material (CSAM)
• Public proxies or VPNs
• Currency mining
• Game servers
• File hosting services
• P2P or file sharing networks

This represents a non-exhaustive list of non-permissible uses of Your hosting account. We may reach out and ask that You remove content or cease and desist certain activities. Failure to do so within a reasonable amount of time determined by us (and present in Our notice to You) may result in hosting account suspension or termination, with or without a refund as determined by Us.

Restricted Use

Payment Information

You may not host sensitive customer payment information such as credit card numbers, banking account information, or other such related data on the hosting account or on Our services. You may leverage tokenized payment gateways, such as Stripe, or similar technology that does not involve the storing of payment data on Our servers.

Qualifying Customers

By accepting these terms and registering for a hosting account, You agree that you are representing a business within the United States of America, are eighteen years of age or older.

Verification

We reserve the right to periodically validate that You are a qualified customer and may, at our discretion, suspend or terminate services if we deem that You are not qualified to receive hosting services from Us.

Fair Use

We reserve the right to throttle or suspend Your hosting account should it use an excessive amount of resources as deemed by Us. Examples of unfair use may be excessive resource utilization by one or more scripts of applications running within Your hosting account, such as improper SQL queries, inefficient code, etcetera.

Uptime

While We take commercially reasonable measures to ensure that Our servers are up and running to keep Your website(s) up, We do not guarantee any specific uptimes. You agree to hold us harmless for any damages resulting from unavailability of your hosting account. You also agree not to host business critical applications on Our servers.

Backups

We perform backups of Our servers and the data within them for Our purposes. We have no obligation to You to provide access to backup data, but We may (at Our sole discretion) choose to do so and may (at Our sole discretion) charge You additional fees for restoration of Your data from Our backups.

No Guarantee

We do not guarantee that you will not lose data hosted with Us. It is Your responsibility to perform Your own backups of Your hosting account.

Security

Administrative

We take commercially reasonable measure to protect Our hosting infrastructure from cyberattacks including unique accounts for administrators, multi-factor authentication, IP address limiting, and more.

Your Account

You are solely responsible for the security of Your hosting account. We shall not be held responsible for any damages resulting from a compromise of Your hosting account by an unauthorized party or as a result of You sharing Your hosting credentials. We strongly recommend that You take appropriate measures to protect Your account including using a strong password and multi-factor authentication.

We may immediately suspend Your hosting account without warning if we believe it is compromised or if we detect the hosting of malware, phishing, or other malicious content on Your hosting account. It is solely Your responsibility to maintain the security of Your hosting credentials and the applications you host on Your hosting account.

We may, at Our sole discretion, offer services to restore Your hosting account in the event of a compromise. We reserve the right to charge You a fee for such restoration activities at Our then current hourly consulting rates.

Sensitive Data

Our service is not meant for the handling of sensitive or confidential information but rather meant for hosting publicly accessible information. Our service is a shared service and, as such, we will not provide access to third party incident responders or other entities unless legally compelled to do so. We are under no obligation to hold for analysis any malicious code or other materials and may immediately delete it from Our servers upon discovery.

Term/Termination

This Agreement shall begin on the date You order services and will continue in perpetuity until cancelled. The Term of this Agreement shall match your chosen Payment Terms (see “Payment”). No refunds are given for early termination by You. You may terminate this agreement by providing Us with at least fifteen days’ notice. We may terminate this agreement by providing You with 30 days’ notice. If We terminate this agreement for convenience, we will refund any unused subscription time rounded to the nearest whole month, unless we have terminated Your account pursuant to other terms in this agreement. If You terminate this agreement for convenience, You are not entitled to any refunds.

Payment

For the services received, You agree to pay Us in monthly or annual installments in amounts previously quoted to you or specified in the ordering process. Failure to pay an outstanding Invoice within 14 days may result in suspension of the services. Failure to pay an outstanding Invoice within 45 days may result in deletion of your data from Our infrastructure, including any relevant backups.

Taxes

We do not collect taxes jurisdictions, You are responsible for reporting as applicable for use-tax or other relevant taxes.

Miscellaneous

Venue

You and Us mutually agree that the terms of this agreement and any disputes arising from it shall be governed by the laws of Jefferson County, Colorado.

Force Majeure

You agree to hold Us harmless in cases of Force Majeure.

Severability

If a judge or other appropriate legal entity finds that any part of this agreement is unenforceable, the rest shall remain in full force and effect.

Styling

Design elements of this agreement or its surroundings (such as logos) have no bearing on the legal terms contained herein. Headers or emphasis are present for clarity.

Changes

We reserve the right to change this Agreement as needed. The current version of this Agreement is always in force. Changes to this Agreement are tracked in the version control table. In the event of a change to this agreement, We will post notice on our customer portals and provide an email notification to appropriate customer contacts.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado. An award of arbitration may be confirmed in a court of Jefferson County, Colorado. Arbitration fees and reasonable legal costs are to be awarded to the prevailing party.

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