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Support and Hosting ToS

Terms of Service

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 WordPress website hosting 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

If you do not agree to these Terms, you must immediately discontinue use of our Services. 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

Our Services include, but are not limited to:

  • Advanced website hosting on our servers
  • Page speed & database optimization
  • Cloudflare setup & optimization
  • Full website backups (daily backups retained for two weeks)
  • Website security & malware prevention
  • Website hacking recovery (subject to certain disclaimers, see Section 11.1)
  • DNS management & support
  • Monitored WordPress core, theme, & plugin updates
  • 24/7 website down detection
  • Support & changes per plan:
    • Starter Plan: Up to 2 hours of changes per month, limited to tasks of 30–60 minutes each
    • Pro Plan: Unlimited changes each month, limited to tasks of 30–60 minutes each

4. Payment & Billing

  1. Monthly Billing: We bill monthly, starting from 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 at any time.
  3. Refunds: If you cancel mid-pay period and have already paid for the upcoming month, you will receive a prorated refund for unused days in that pay period.
  4. Late Payment: If payment is 30 days late, we will provide a 10-day termination notice. If payment is not received within five days from that notice, your website and associated data will be removed from our server. We are not liable for any loss resulting from such removal.

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 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 2 hours of website changes per month. These changes are limited to tasks that generally take 30 to 60 minutes each.
    • Examples of changes include:
      • Adding a basic new page (Client must provide all content and images)
      • Minor CSS or design tweaks
      • Plugin updates or small configuration changes
      • Small content edits such as adding new blog posts
    • No Rollover: Unused hours do not transfer to the following month.
    • Exceeding 2 Hours: Larger projects or tasks that exceed these limits will be billed at $55 per hour.
  2. Pro Plan: Includes unlimited changes, subject to the requirement that individual tasks generally take 30 to 60 minutes each.
    • Larger tasks or projects falling outside the scope of routine maintenance may incur additional charges at $55 per hour.
  3. Third-Party Integrations & Complex Tasks:
    • We do not guarantee support for complex third-party tools or custom code. Such requests may be evaluated on a case-by-case basis, and additional fees may apply.

  4. Traffic & Server Resource Usage

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

7. Content Guidelines

  1. Prohibited Content: You may not publish or distribute:
    • Illegal content in any jurisdiction relevant to Taylor County, Texas, or the United States
    • Adult material, pornography, or sexually explicit content
  2. Ownership of Content:
    • You maintain ownership of all content you publish. We do not claim ownership rights.
    • You are solely responsible for ensuring you have the legal rights to publish any text, images, videos, or other media on your website.
  3. Domain & Registrar Issues:
    • While we manage your DNS if requested, 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 only collect the personal data you provide upon signup (e.g., name, email address, billing information).
    • We do not collect any additional personal data from you or from your website users beyond what is necessary to perform our Services.
  2. Data Usage:
    • We use this information solely to provide Services (e.g., billing, account setup, and notifications).
    • We do not sell or rent your data to third parties.
  3. Security:
    • While we implement reasonable security measures to protect your data, 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 aim to keep your website accessible 99.9% of the time within any given monthly period.
  2. Exclusions: This guarantee does not apply if downtime is caused by:
    • Client actions or inactions (e.g., installing a faulty plugin, 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 these 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. This compensation will be in the form of a credit on your next invoice.

10. No Guarantees of Specific Results

  1. Performance & Speed: We optimize your website for speed and performance, but we do not guarantee specific load times or speed metrics, as these depend on multiple factors beyond our control.
  2. Marketing & SEO: We do not provide marketing or SEO services. Consequently, we make no guarantees regarding site traffic, search engine ranking, or lead generation.

11. Disclaimers & Limitation of Liability

  1. Hacking Recovery:
    • We attempt to restore and clean hacked websites. However, we cannot guarantee complete restoration or prevention of future hacking attempts.
    • Severe or repeated hacks may require additional, billable remediation beyond your monthly plan.
  2. Malware Prevention & Security:
    • We implement malware prevention measures and security best practices. However, we do not guarantee that your site will be immune to malicious attacks or hacking incidents.
  3. Third-Party Plugins & Themes:
    • We regularly update your WordPress core, themes, and plugins. We are not liable for conflicts, bugs, or vulnerabilities introduced by third-party developers. Extensive troubleshooting or custom fixes are subject to additional fees.
  4. Backups:
    • We perform daily backups retained for two weeks. While we make good-faith efforts to maintain complete backups, we are not liable for any data loss or backup failure.
  5. Disclaimer of Warranties:
    • Our Services are provided “as is” and “as available,” without any warranty of any kind, whether express or implied, including, but not limited to, 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, whether 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 make use of third-party services (e.g., Cloudflare, WordPress plugins). We do not control or guarantee the performance or availability of these services, 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 these 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 agreement or policy referenced herein, constitute the entire agreement between you and DB Marketing Co.
  3. No Waiver: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.