WORDPRESS HOSTING SERVICE AGREEMENT
Last Updated: 12/01/2024
PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBSCRIBING TO OR USING THE WORDPRESS HOSTING SERVICES (“SERVICES”) PROVIDED BY DB MARKETING CO. (“PROVIDER”), YOU (“CUSTOMER”) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
This WordPress Hosting Service Agreement (“Agreement”) is entered into by and between DB Marketing Co., a business located in Taylor County, Texas, with principal offices located in Abilene, TX (“Provider,” “we,” “us,” or “our”) and you, the individual or entity purchasing or using our Services (“Customer,” “you,” or “your”). Provider and Customer shall collectively be the “Parties.”
1. SERVICES PROVIDED
1.1 Scope of Services. Provider agrees to provide WordPress-based website hosting services to Customer as described herein. This includes hosting a single WordPress website and one (1) email account with up to 1GB of storage. Additional email addresses (up to 100 per domain total) may be purchased at $4.00 per month per additional address.
1.2 Resource Allocation. The Customer’s WordPress website may not exceed 5GB of storage. If Customer’s resource usage (including but not limited to CPU, memory, bandwidth, or storage) is deemed excessive by Provider, Provider will notify Customer. If usage is not reduced to acceptable levels within thirty (30) days after notice, Provider reserves the right to remove the website from its servers and terminate this Agreement without liability.
2. PAYMENT TERMS
2.1 Fees and Payment. The Customer agrees to pay $49.00 (U.S. Dollars) upfront for twelve (12) months of Services (the “Initial Term”). No refunds will be provided for any reason, including early cancellation or downtime.
2.2 Renewal. Upon expiration of the Initial Term, the Agreement will automatically renew for successive twelve (12) month terms at the same rate unless either Party provides written notice of non-renewal at least thirty (30) days prior to the renewal date.
3. ACCEPTABLE USE AND CONTENT RESTRICTIONS
3.1 Prohibited Content. Customer shall not use the Services to host or transmit any content that is illegal, harassing, threatening, harmful, obscene, pornographic, gambling-related, drug-related (including sites promoting illicit drug use), hateful, defamatory, or that infringes upon any third party’s intellectual property rights. Provider reserves the right, in its sole discretion, to determine what content is prohibited.
3.2 Compliance with Laws. Customer shall comply with all applicable federal, state, local, and international laws and regulations in connection with the use of the Services. Customer shall not use the Services for any illegal activity or transmit illegal materials via any associated email services.
3.3 Email Restrictions. Customer’s email use must comply with all applicable laws and must not be used to send any illegal, harmful, fraudulent, or spam communications. Provider reserves the right to suspend or terminate email services for violations of this provision.
4. SECURITY AND MAINTENANCE
4.1 Security Measures. Provider may implement basic malware protection and security measures. However, Customer acknowledges that ultimate responsibility for the security of the website, including code integrity, plugins, and themes, rests with the Customer.
4.2 Customer Responsibilities. Customer is responsible for regularly updating WordPress core files, themes, and plugins, ensuring they are secure and free from vulnerabilities. Provider is not liable for any security breach, malware infection, or unauthorized access resulting from Customer’s website code or third-party elements.
5. SERVICE AVAILABILITY & UPTIME
5.1 No Guaranteed Uptime. Provider strives to maintain a 99.9% uptime but makes no warranties or guarantees regarding uptime. There may be intermittent interruptions for maintenance, updates, or unforeseen events.
5.2 No Refunds. Customer understands and agrees that no refunds or credits shall be issued for any downtime, interruptions, or service failures, regardless of the cause.
6. TERM AND TERMINATION
6.1 Term. The Initial Term is twelve (12) months, paid upfront. The Agreement automatically renews annually unless terminated as provided herein.
6.2 Termination by Provider. Provider may terminate this Agreement immediately if Customer violates the Acceptable Use policy, fails to reduce excessive resource usage after notice, or engages in unlawful activity.
6.3 Termination by Customer. Customer may cancel the Services at any time; however, no refunds or credits will be provided for early cancellation.
6.4 Effect of Termination. Upon termination, Provider will remove Customer’s website and any associated data from its servers. Customer is responsible for maintaining backups of all data. Provider is not responsible for retaining any Customer data following termination.
7. NO ADDITIONAL SUPPORT SERVICES
7.1 Limited Support. Provider will maintain its servers to ensure basic uptime. Provider does not offer support services for coding issues, WordPress configuration, theme or plugin troubleshooting, or other website-specific assistance. Customer is solely responsible for managing and maintaining their WordPress site beyond the basic hosting environment.
8. BACKUPS
8.1 Daily Backups. Provider may perform daily backups of server data. However, Customer acknowledges and agrees that these backups are provided as a courtesy and without any warranty or guarantee.
8.2 Disclaimer of Liability for Backups. Provider shall not be liable for any loss of data, failure of backups, data corruption, or inability to restore data. Customer is strongly advised to maintain independent backups of all website data.
9. PRIVACY AND DATA HANDLING
9.1 Customer Data Responsibility. Customer is solely responsible for ensuring that any personal data or personally identifiable information collected, processed, or stored on the hosted website complies with all applicable laws, regulations, and industry standards. Provider does not monitor or control the data that Customer chooses to store or transmit.
9.2 Provider’s Limited Role. Provider may have access to certain limited Customer information (e.g., billing information, account credentials) to provide the Services, but will not actively monitor, access, or process personal information that Customer collects from their users unless required by law. Provider will take commercially reasonable efforts to safeguard any Customer information it holds but makes no guarantee against unauthorized access or data breaches.
9.3 No Liability for Customer’s Data Practices. Provider shall not be held liable for any claims, damages, or losses arising from Customer’s data collection, storage, or handling practices. Customer agrees to defend, indemnify, and hold harmless Provider from any claims related to Customer’s failure to comply with applicable data protection or privacy laws.
10. DISCLAIMER OF WARRANTIES
10.1 As Is Basis. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. Provider expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10.2 Customer’s Risk. Customer uses the Services at their own risk. Provider does not guarantee that the Services will be uninterrupted, error-free, or completely secure.
11. LIMITATION OF LIABILITY
11.1 No Consequential Damages. To the fullest extent permitted by law, Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill.
11.2 Cap on Liability. In no event shall Provider’s total liability to Customer for any claim arising out of or relating to this Agreement exceed the amount actually paid by Customer to Provider in the twelve (12) months preceding the event giving rise to the claim.
11.3 Third-Party Actions. Provider shall not be liable for any actions, inactions, or negligence of third parties, including but not limited to internet service providers, software developers, or external hosting partners.
12. INDEMNIFICATION
12.1 Customer Indemnity. Customer agrees to defend, indemnify, and hold harmless Provider, its affiliates, officers, directors, employees, and agents from all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) Customer’s use or misuse of the Services;
(b) Content hosted, stored, or transmitted by Customer;
(c) Any violation of this Agreement or applicable laws by Customer; or
(d) Customer’s infringement of any intellectual property or other right of any person or entity.
13. FORCE MAJEURE
Provider shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, wars, terrorism, riots, embargoes, strikes, or telecommunications failures.
14. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The Parties agree that the state and federal courts located in Taylor County, Texas, shall have exclusive jurisdiction and venue over any disputes arising out of or relating to this Agreement.
15. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remainder of the Agreement shall remain in full force and effect.
16. ENTIRE AGREEMENT & MODIFICATIONS
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements or discussions. Provider may update or modify this Agreement from time to time, and Customer’s continued use of the Services after such modifications constitutes acceptance of the updated terms.
17. NO WAIVER
A failure by Provider to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement.
18. NOTICES
All notices under this Agreement shall be in writing and delivered to the addresses provided by the Parties or as updated in writing.
19. ASSIGNMENT
Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Provider. Provider may assign this Agreement without restriction.
20. HEADINGS
Headings are provided for convenience only and shall not affect the interpretation of this Agreement.
BY USING OR CONTINUING TO USE THE SERVICES, CUSTOMER REPRESENTS AND WARRANTS THAT THEY HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS SET FORTH IN THIS AGREEMENT.