WordPress Hosting Terms and Conditions
This web hosting agreement has been entered into between You and Dom Kirby Create, LLC (“We”, “Us”, “Our”). The main purpose of this Agreement is to precede a longer-term contract arrangement under which We will provide Web Hosting services beginning on the date signed by You.
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 WordPress website 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.
Your use of the Hosting Account is subject to the following conditions:
- You agree not to upload any malicious content (as determined by Us)
- You agree not to upload or serve any content to which you do not own the copyright, and further agree to indemnify Us against any related claims
- You agree not to host any executable content
- You agree not to host any adult content (such as pornography)
- You agree not to attempt to circumvent resource limitations
We reserve the right to throttle or suspend Your hosting account should it use an excessive amount of resources as deemed by Us. This is often caused by erroneous or inefficient code and should be a rarity.
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.
We backup all accounts on Our servers on a weekly basis to an alternate cloud provider for our own restoration purposes. You are responsible for backing up your website, database, and any other critical files for your own restoration purposes.
In the event that a disaster occurs impacting uptime, We will follow the below process
- Assess the severity of the incident
- Most often, this is caused by a temporary cloud outage. We will tolerate this sort of outage for up to 3 business days
- If a more severe incident has occurred (such as a natural disaster), We will begin restoring websites to an alternative cloud provider which will require that You repoint Your DNS records. We will restore from Our latest server backup, which may be up to ten days old.
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.
We take commercially reasonable measures to protect your data including:
- Mandating that Our administrators use strong unique passwords and Multifactor Authentication
- Single Sign On is enforced where able
- Limiting access to Our infrastructure to only those that require it for business purposes
- Regular patching of Our servers
However, we encourage You to take Your own security measures such as:
- Setup MFA on your Plesk hosting account
- Configure WordPress to require MFA
- Perform Your own site backups
- Regular patching of WordPress
With that said, We do not guarantee the confidentiality of data hosted on Your account. Your account should not be used to host regulated data such as for HIPAA or a similar government or private sector regulation.
We reserve the right to temporarily suspend OR permanently terminate your Hosting account should your website experience a security incident. We do not provide incident response services but will restore your site to the latest confirmed backup.
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.
You agree not to host any payment information on Our servers but may use a third-party tokenization service such as Stripe to maintain securely tokenized payment information.
This Agreement shall begin on the date last signed 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. If You terminate this agreement for convenience, You are not entitled to any refunds.
For the services received, You agree to pay Us in monthly or annual installments in amounts previously quoted to you. 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.
We do not collect taxes jurisdictions, You are responsible for reporting as applicable for use-tax or other relevant taxes.
You and Us collectively agree that the terms of this agreement and any disputes arising from it shall be governed by the laws of Jefferson County, Colorado.
You agree to hold Us harmless in cases of Force Majeure.
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.
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.
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.
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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