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Support and Hosting ToS

1. Introduction

Welcome to DB Marketing Co. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms” or “ToS”) govern your (“Client,” “you,” or “your”) access to and use of our website hosting, design, and support services (“Services”). By signing up for, paying for, or otherwise using our Services, you agree to be bound by these Terms.

2. Acceptance of Terms

  1. Binding Agreement. If you do not agree to these Terms, you must immediately discontinue use of our Services.
  2. Modifications. We reserve the right to update or modify these Terms at any time, and it is your responsibility to check for any changes. Your continued use of our Services after updates constitutes acceptance of the revised Terms.

3. Services Provided

We offer monthly website hosting, design, and support plans, each of which includes:

  • Up to 5 pages + a blog (unless otherwise specified in your plan)
  • Customized content tailored for your business
  • Mobile and tablet optimization
  • Loading speed optimization
  • Foundational local SEO package
  • Unlimited lead forms
  • High-end website hosting and proactive monitoring
  • Advanced website security and malware monitoring
  • Website backups

3.1 Plan Overviews & Pricing

  1. Starter Plan $199/mo

    • 5-page website
    • Advanced website hosting
    • Foundational local SEO
    • 2 hours of monthly updates/changes

  2. Pro Plan $299/mo

    • Includes everything in the Starter Plan
    • 5 additional pages (10 total)
    • Unlimited monthly updates/changes

  3. Growth Plan $549/mo

    • Includes everything in the Pro Plan
    • 5 additional pages (15 total)
    • Monthly SEO and keyword tracking
    • 1 new page or blog post per month (content included)
    • Google Business Reviews monitoring/support
    • 8 Google Business Profile posts per month
  4. One Time Projects
    • One time projects are anything that includes an individual proposal or statement of work. This might include things like a full website, development of an additional website feature, or custom web server set up.

Note: All plan fees are billed on a monthly basis. Any additional services beyond what is specified may be subject to additional charges.

4. Payment & Billing

  1. Monthly Billing. Your billing cycle begins on the date your website is fully live on our server (“Billing Start Date”). For example, if your site goes live on the 10th, you will be charged on the 10th of every month.
  2. Auto-Renewal. We offer automatic renewal for our hosting and support plans. You can opt in or out of auto-renewal at any time, but must provide us with written notice to discontinue future billing.
  3. Refunds. If you cancel mid-pay period and have already paid for the upcoming month, you will receive a prorated refund for any unused days in that pay period.
  4. Late Payment. If payment is 30 days late, we will issue a 10-day termination notice. If payment is not received within five days from that notice, your website and associated data may be removed from our server. We are not liable for any loss resulting from such removal.
  5. One Time Projects. Payments for one time projects are explained in the project statement of work or proposal. A written or verbal agreement to the statement of work or proposal is acceptance of the payment terms.  

5. Cancellation & Termination

  1. Client-Initiated Cancellation:

    • You must provide 30 days’ notice prior to canceling your Services.
    • After receiving your cancellation request, you have 15 days to migrate your website to another host. We do not provide migration services, but we will provide a ZIP file of your website and database or otherwise cooperate with your new host.

  2. Provider-Initiated Cancellation:

    • We reserve the right to terminate your account for any breach of these Terms, including non-payment or hosting of inappropriate or prohibited content (see Section 7).
    • If inappropriate or prohibited content is detected, you will receive notice and have 24 hours to remove such content. Failure to remove it within that timeframe may result in account termination and removal of your website from our server.

6. Scope of Support & Plan Limitations

  1. Starter Plan

    • Includes up to 2 hours of monthly updates/changes.
    • Examples of changes include adding new blog posts, minor design or layout tweaks, plugin updates, or small content edits.
    • No Rollover: Unused hours in a given month do not roll over to subsequent months.
    • Overage: Larger projects or tasks that exceed the 2-hour monthly allotment may be billed at $55 per hour (or another specified rate).

  2. Pro Plan

    • Includes unlimited monthly updates/changes, generally limited to routine tasks or incremental updates.
    • We reserve the right to assess additional charges for major redesigns, complex customizations, or projects requiring extensive development outside of normal maintenance.

  3. Growth Plan

    • Includes all features of the Pro Plan with 5 additional pages (15 total).
    • Monthly SEO and Keyword Tracking are provided, but no specific ranking or performance guarantees are made (see Section 10).
    • 1 new page or blog post per month (content creation included).
    • Google Business Reviews monitoring/support and 8 Google Business Profile posts per month.
    • As with the Pro Plan, any large-scale changes outside the standard scope may incur additional fees.

  4. Third-Party Integrations & Complex Tasks

    • We do not guarantee support for complex third-party tools, custom code, or specialized e-commerce systems unless explicitly agreed upon in writing.
    • Such requests may be evaluated on a case-by-case basis, and additional fees may apply.

  5. Traffic & Server Resource Usage

    • We do not typically impose strict traffic or page-view limits. However, if your site consistently exceeds 50,000 monthly page views, we reserve the right to charge an additional fee starting at $10/month to cover the increased resource usage.

7. Content Guidelines

  1. Prohibited Content:

    • You may not publish or distribute any content that is illegal in any jurisdiction relevant to Taylor County, Texas, or the United States.
    • Adult material, pornography, or sexually explicit content is prohibited.

  2. Ownership of Content:

    • You maintain ownership of all content you publish, and you are solely responsible for ensuring you have the legal right to publish any text, images, videos, or other media.
    • We do not claim ownership rights over your content.

  3. Domain & Registrar Issues:

    • We may manage your DNS upon request, but we are not liable for domain registrar issues or domain renewal failures.
    • Any downtime resulting from domain or registrar-related problems is outside our control.

8. Privacy Policy

  1. Data We Collect:

    • We collect only the personal data you provide upon signup (e.g., name, email address, billing information).
    • We do not collect any additional personal data from your website users unless it is necessary to perform our Services.

  2. Data Usage:

    • We use this information solely to provide our Services (e.g., billing, account setup, and notifications).
    • We do not sell or rent your data to third parties.

  3. Security:

    • We implement reasonable security measures to protect your data, but no security measure is foolproof.
    • We are not liable for unauthorized access or data breaches that occur despite our safeguards.

9. Service Level Agreement (SLA) & Uptime

  1. 99.9% Uptime Guarantee:

    • We strive to keep your website accessible 99.9% of the time within any given monthly period.

  2. Exclusions:

    • Downtime caused by client actions or inactions (e.g., installing faulty plugins, misconfiguration, domain expiration)
    • Force Majeure events (e.g., natural disasters, war, acts of terrorism, government actions)
    • Scheduled maintenance or software updates (we strive to minimize disruptions)

  3. Compensation:

    • If we fail to meet our 99.9% uptime guarantee due to our own fault, we will compensate you proportionally for the time your site is down.
    • Compensation will be in the form of a credit on your next invoice.

10. No Guarantees of Specific Results

  1. Performance & Speed:

    • While we optimize your website for speed and performance, we do not guarantee specific load times or speed metrics, as these depend on various factors beyond our control.

  2. SEO & Lead Generation:

    • All plans include foundational local SEO, and the Growth Plan offers monthly SEO and keyword tracking. However, we make no guarantees regarding specific search engine rankings, lead volume, or revenue outcomes.
    • External factors like market competition, search engine algorithm changes, and business operations can affect results.

11. Disclaimers & Limitation of Liability

  1. Hacking Recovery:

    • We attempt to restore and clean hacked websites but cannot guarantee complete restoration or prevention of future hacks.
    • Extensive remediation may require additional fees beyond your monthly plan.

  2. Malware Prevention & Security:

    • We employ malware prevention measures and security best practices. However, no website is entirely immune to malicious attacks.

  3. Third-Party Plugins & Themes:

    • We regularly update WordPress core, themes, and plugins but are not liable for conflicts, bugs, or vulnerabilities introduced by third-party developers.
    • Significant troubleshooting or custom fixes may incur extra charges.

  4. Backups:

    • We perform regular backups and retain them for a limited time.
    • We are not liable for any data loss or backup failure, though we make good-faith efforts to maintain complete backups.

  5. Disclaimer of Warranties:

    • Our Services are provided “as is” and “as available,” without any warranty of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

  6. Limitation of Liability:

    • DB Marketing Co. is not liable for any damages whatsoever (direct, indirect, incidental, punitive, special, or consequential) arising out of or in connection with the use or inability to use our Services.
    • In the event a court finds us liable, our aggregate liability shall not exceed the fees you paid to us for the Service in the three months preceding the event giving rise to the claim.

  7. No Liability for Third Parties:

    • We use third-party services (e.g., Cloudflare, WordPress plugins) but do not control or guarantee their performance or availability and accept no liability for any issues they may cause.

12. Indemnification

You agree to indemnify, defend, and hold harmless DB Marketing Co. and its affiliates, officers, agents, and employees from and against all losses, expenses, damages, and costs—including reasonable attorneys’ fees—resulting from (a) your use of our Services, (b) any violation of these Terms, or (c) any claim that your content infringes on the rights of another party.

13. Dispute Resolution & Governing Law

  1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, applicable to agreements made and to be performed in Texas.
  2. Venue: Any legal action or proceeding related to these Terms shall be filed exclusively in Taylor County, Texas.
  3. Arbitration (Optional): At our sole discretion, we may require you to submit any disputes arising from the use of our Services to final and binding arbitration under the Commercial Rules of the American Arbitration Association.

14. Miscellaneous

  1. Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
  2. Entire Agreement: These Terms, along with any additional written agreements or policies referenced herein, constitute the entire agreement between you and DB Marketing Co. regarding our Services.
  3. No Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.