These Terms and Conditions, in conjunction with any terms acknowledged during the acquisition of services (referred to as an “Order”), outline the terms and conditions governing the provision of services (“Agreement”) by micMAC Global Media (“Host”) to the account owner (“Client”). This Agreement becomes effective on the date of the Order.
By acknowledging this Agreement and utilizing the Website Hosting Services (“Services”) provided by Host, the Client agrees to abide by all the terms and conditions outlined herein.
Provision of Services
Host undertakes to furnish the Client with services related to their website, encompassing WordPress website support & maintenance, WordPress website hosting, website design & development, domain name management, e-mail capability, regular theme and plugin updates, automated backup and snapshot recovery, daily security scanning, and any additional services as may be introduced by Host. Host retains the right to modify the features of the Client’s service plan with a notice period of thirty (30) days. The continued use of Host’s services after receiving notice of modification signifies the Client’s acceptance of the updated terms and conditions.
The initial term of this Agreement starts on the Order date and continues for either one (1) month or twelve (12) months, based on the payment option selected by the Client during the Order process. Subsequently, this Agreement automatically renews for successive monthly or annual periods, as per the chosen payment option, until terminated by either party.
Termination without Cause
(a) The Client may terminate this Agreement at any time, for any reason, by contacting Host through phone or e-mail to request the cancellation of the account. If terminated within sixty (60) days of the initial term (the “Grace Period”), Host will refund all amounts paid for hosting services, excluding one-time charges. No refunds are applicable after the Grace Period.
(b) Host reserves the right to terminate this Agreement with a written or e-mail notice of termination at least thirty (30) days before service termination.
(c) Upon termination, Host will back up all of the Client’s current website content, databases, and e-mail messages, providing them to the Client as an archive file.
Termination for Cause
Client commits to complying with this Agreement and Host’s general use policies. Host may change its use policies with a thirty (30) days notice to the Client. Violations by the Client may lead to immediate termination of the account.
(a) The Fees for the Services are outlined in the Order. Host may adjust charges with a thirty (30) days notice. Fees are payable in advance on a monthly basis, collected through the electronic payment method provided by the Client. Late payments may incur a fee.
(b) Any additional charges for upgrading the hosting package or add-on services will be billed in the next invoice.
Host is not responsible for taxes related to purchases made by the Client. The Client is fully liable for all associated taxes and fees.
Materials and Products
Any material or data provided by the Client to Host in connection with the Services must require no additional manipulation by Host. Host may reject material or data not meeting these conditions and will notify the Client for amendments or modifications.
Electronic Mail Abuse
E-mail harassment is prohibited, and the Client must not send unsolicited bulk e-mail messages. Malicious e-mail activities, including “mail bombing” and “trolling,” are not allowed. Violations may result in immediate account termination.
Violations of Network Security
Client is prohibited from attempting to violate the security of the network, and violations may lead to civil or criminal liability, as well as immediate termination of the agreement.
Warranty against Unlawful Use
Client warrants using the Services only for lawful purposes, abiding by all applicable laws. Failure to comply may lead to immediate termination.
Liability; No Warranty; Limitation of Damages
(a) Client expressly agrees that use of Services provided by Host is at Client’s sole risk.
(b) Host will provide 99.95 percent uptime for its hosting servers. If uptime for Client’s hosting server falls below 99.95 percent during any given month, Host will credit Client as follows: credits will be calculated as a percentage of the bill for the month that the unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of unavailability less Excused Downtime by the total number of minutes in that billing cycle. Any such credits shall be applied to future invoices. This credit shall be Client’s sole and exclusive compensation for any downtime or other unavailability of Host’s services under this Agreement. Host shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability. In order to receive credits, Client must make a request in writing to Host via Support or to Client’s account manager (if applicable) within 30 days of the event giving rise to such credits.
(c) Excused Downtime includes: scheduled outages or Force Majeure events; downtime caused by a non-standard environment, Client machine access, Client’s violation of the Agreement including the Acceptable Use Policy, Client authored code or changes to the Site or Services by parties other than Host, or use that exceeds Client’s plan capacity; emergency maintenance (e.g. in order to apply a patch to address a security vulnerability); and maintenance that is performed from 11:00 pm to 5:00 am Eastern Standard Time.
(d) Host, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(e) Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Host’s records, programs, or services.
(f) Host will exercise no control over the content of the information passing through Host’s network except those controls expressly provided herein.
(g) Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
Intellectual and Proprietary Rights
(a) This Agreement does not transfer any intellectual or proprietary rights to the Client, except for those expressly granted.
(b) Client warrants having the right to use any patented, copyrighted, or trademarked material transferred to Host servers.
Hardware, Equipment, and Software
Client is responsible for providing necessary equipment to access Host servers, and Host does not guarantee compatibility.
Client represents that they and anyone granted access to their Host account are at least 18 years old.
Client agrees to indemnify Host against any demands, liabilities, losses, costs, and claims arising from Services provided, including any products sold by the Client.
The prevailing party in legal actions to enforce this Agreement is entitled to reasonable attorneys’ fees.
Client must keep Host informed of current contact information. Failure to do so may result in account termination.
This Agreement is governed by the laws of the State of Texas.
Invalidity of any provision does not affect other provisions, which shall remain in force.
No waiver by Host of any breach is deemed a waiver of subsequent breaches unless in writing.
This Agreement constitutes the entire understanding between Client and Host, superseding any other agreements.