WEB DEVELOPMENT AGENCY

MANAGED WEB HOSTING & SERVICE AGREEMENT

Below you will find the details for our Web Hosting Only, Care Plan Only, and Web Hosting & Care Plans from our Web Development Agency.

LAST UPDATED: 2020-03-04 1:19

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. DESCRIPTION OF SERVICES

Web Hosting. Web Hosting plans place your site within one or more servers. On Shared VPS Servers (server running on top of a KVM hypervisor), the resources are shared between many customers on the same servers. On a “Dedicated” VPS Servers (server running on top of a KVM hypervisor) you have a dedicated amount of resources and unique IP Address.

Hosting Type

  • Shared Virtual Private Server (“VPS”). Shared VPS plans reserve a part of a server for your account and usage, where your website is placed within a VPS server running on top of a KVM hypervisor where you will have the set limit of disk space, RAM, and CPU on your application, however it shares a server’s total available resources of: bandwidth, memory, storage space, and IP Address of the server. The website performance can be affected by traffic and the usage patterns of other customers on other websites as you are sharing the total server resources. You will have administrator access via FTP, with Shared: SSD, CPU, RAM, and IP.
  • “Dedicated” Virtual Private Server (“VPS”). Dedicated VPS plans reserve an entire server exclusively for your account and usage. Your website is placed within a VPS server running on top of a KVM hypervisor where you will have exclusive rights to your server application’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers. You will have administrator access via FTP and a dedicated IP address, with Dedicated: SSD, CPU, RAM, and IP.  

Member Level. Hosting with us has its perks. Each Web Hosting & Care Plan offers various Membership Levels and perks for added benefits to our customers.

  • Member Perks. Member Perks includes: Full-access to Project Management software, Access to our monthly newsletters and updates, Lifetime Theme Updates (if using our theme).
  • Member Perks Plus. Member Perks Plus includes: All of the Member Perks, Lifetime Gravity Form Pro License Updates, Hour(s) of Care Applies to On-Page SEO Updates and changes.
  • Member Perks Plus+. Member Perks Plus+ includes: All other Member Level Perks, Discounted Web Service Rates on Future Projects, Discounted Hourly Rates When Added to Recurring Monthly Web Hosting Plan Payments.

Website Backups. Website backup and restore services saves all your website files to the server once per day and Amazon Cloud once per month. These backup and restore services are available with Web Hosting & Care Plans and may be available for an additional fee with our other hosting service plans or Care Only Plans.

Website Security. We install a WordPress security system to help protect your website. Upgrades on certain plans are available at a set fee.

Security Scans. We regularly scan your website application and when a security threat is found, our team jumps to action to secure it.

Hour(s) of Monthly Care. Please refer to 6. PROVISIONS SPECIFIC TO SUPPORT PLANS section.

Website Care Report. Set Web Hosting & Care Plans offer Website Care Reports were a monthly report of your is set out about your website. This service is only available for WordPress websites. Each report contains various information depending on the level of Web Hosting & Care Plan chosen, or for those who have purchased our Website Care Report as an add-on.

Website Migration Included. Website migrations from your old web hosting provider to Conceptualized Design are provided as a courtesy service and only for WordPress websites/files/database.

If you have your web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you backup your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Free Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files. If a website Migration over this limit is needed, this will be at a separate and additional fee.

We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed WordPress hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files and database. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed. Website migrations DO NOT include DNS entry migration (Only an A Record update to point to new web hosting server), email migration, or non-WordPress website, file, or content migrations. If any of these migration are needed, these will be at a separate and additional fee.

Self-healing Technology.  Our hosting providers provide self-healing technology that checks the status of your PHP service every minute. If PHP has gone down, our platform will automatically attempt to start it back up.

Hosting Uptime 99.9%. Please refer to section 8. SERVICE LEVEL AGREEMENT (SLA) UPTIME GUARANTEE.

Support, Priority Support & Expert Services. Please refer to section 6. PROVISIONS SPECIFIC TO SUPPORT PLANS.

Free SSL Certificate. We provide Free Let’s Encrypt SSL Certificates and will install and configure an SSL Certificate on your website, if you are hosting with us. This is provided as a courtesy service and will renew each year for free using Let’s Encrypt. You acknowledge and agree that your use of Let’s Encrypt SSL’s is subject to the terms of service located here, which are hereby incorporated by reference. Any 3rd party SSL Certificates are not included for Free and must be purchased by the client, additional fees to install, configure, and renew such certificates is subject to additional fees.

No Annual Contract. None of our Web Hosting or Web Hosting & Care Plans have contracts. We operate on a recurring subscription basis of month to month or year to year, based on which is available for each plan and which you choose at purchase.

Malware Cleanup Guarantee. If malware is found on your site (while utilizing our security systems and firewalls), we will clean your site and secure it at no additional charge. However, if it is determined that you, or someone on your team, or you have provided access to your website has disabled, adjusted, or modified the WordPress Website Security plugin, code, or scripts, or either intentionally or unintentionally installed malicious scripts, plugins, or other 3rd party services on your website causing the website to be infected, you will be charged $300 per occurrence to clean up the Malware on your website. Furthermore, if you choose to either 1) not have us update the theme, plugins, or necessary items for security on your website, or 2) refuse to purchase the required license(s) or subscription(s) to update your website theme(s), plugin(s), or any other required items that causes your website to become infected with malware, you will also be charged at $300 per occurrence.

Managed Hosting. Managed WordPress Web Hosting plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates, server-level caching, CDN (Content Distribution Network) setup and configuration.

Managed WordPress Updates. Managed WordPress Updates are covered by our team where we will handle core patching, security, monitoring, backups, and updates of: WordPress Core, Theme, and Plugins updates. Compatibility issues are resolved by us to keep your site running smoothly. *DOES NOT include any required purchases, subscriptions, licenses, or fixing of 3rd party extensions, plugins, themes, and/or services. Additional Expert Services can be included with an additional subscription/fee and are billed separately from web hosting fees.

WordPress Installs. Each Web Hosting & Care Plan has a limited to a set number of WordPress Installs on each plan. For clients who wish to host and manage multiple websites with us, they must purchase the proper Web Hosting & Care Plan and/or purchase the Add Website(s) to their current web hosting plan. If their web hosting resources exceeds the set amount on their given Web Hosting Plan, they must upgrade to make sure adequate resources are available for their websites to utilize.

Multi-Site Transfer Hours and Add Website(s). In set Web Hosting & Care Plans we offer Multi-Site Transfer Hour(s) that are transferable from one website to another, if you have a specific Web Hosting & Care Plan or have added “Add Website(s)” to your Web Hosting Plan, or if you have a Care Plan Only and managing multiple websites with us. All Hour(s) expire at end of month and Do Not roll over to next month. Adding Multi-Site Transfer Hours or Add Website(s), or if they are included in a web hosting plan, also adds each of your websites to our Project Management software, provides access to Member Perks on those sites. In addition to Website Care Reports and other features, if these are included in your Web Hosting Plan.

Multi-Site Resources. When hosting more than one website with us, your plan shares the total Web Hosting Plan server resources to each website application on your Web Hosting Plan.

CDN Setup & Integration. We will setup and integrate websites hosted on our servers with a CDN (Content Distribution Network) to help boost your website loading speeds and enhance web security. If you are not hosting with us, this is not included. However, we can utilize a 3rd party CDN service for you at an additional fee.

WordPress Multisite. Set plans have WordPress Multisite enabled for hosting and delivering a Multisite network to utilize the Web Hosting Plan’s set server resources.

Database Optimization. Set plans have WordPress Database Optimization, where on a regular basis we go through and optimize the database. This is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

Uptime Monitoring. Certain Web Hosting Plans include uptime monitoring keep us notified on our end if your website goes down, so we can get it back up and running as soon as possible. This monitoring is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

Broken Link Monitoring. Certain Web Hosting Plans include Broken Link Monitoring to keep us notified on our end if your website has a broken link and is notified to our team so we can get it reconnected. Keeping your website linked and not having SEO issues with broken site elements. This monitoring is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

Site Performance Monitoring. Certain Web Hosting Plans include Site Performance Monitoring to keep us notified on how your site is performing based on and subject to the following limitations on ManageWP’s system using Google’s PageSpeed Grade and Yahoo’s YSlow Grade Scores. These monitoring and reports provide us with areas that we can work to improve upon, helping to keep your website performing optimally and help to improve website search engine rankings. These monitoring and reports are included in Website Care Reports, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan. You acknowledge that some of these items may not be able to be fixed, optimized, adjusted or made to be better by Conceptualized Design and are subject to the following limitations, policies, terms of service and disclaimers on Google’s PageSpeed Grade site located here, Yahoo’s YSlow Grade site located here, and ManageWP located here, hereby included by reference. Furthermore, you acknowledge that since WordPress core, themes, plugins, and 3rd party extensions are are all built by different developers, with each being coded, built, and updated separately, that all of these will be able to be adjusted, optimized, or improved on your website, due to each group of developers not adhering to the same coding, guidelines, and/or best practices. Furthermore, if you are using a CDN (Content Distribution Network), WAF (Web Application FireWall), and/or any other website security system or 3rd party systems, that Conceptualized Design is limited and has little to no control over what our team can adjust, optimize, improve, and/or work with. You acknowledge that Conceptualized Design will do their best to improve such scores, where possible, and may or may not be able to optimize, adjust, change, improve, or keep scores constant. You acknowledge that Conceptualized Design does not warrant that any change or improvement of such scores will be made and you agree to hold Conceptualized Design harmless from any and all claims of any kind including, but not limited to, all lawsuits for decrease, improvement or any changes in scores of such laws damages, penalties, interest, legal fees, expert fees and court costs of any kind (“Claims”) arising out of, related to, or alleged to arise out of site performance.

Google Analytics Reporting. Certain Web Hosting Plans include Google Analytics Reporting to keep us notified on how your website analytics are performing and areas we can improve upon. Keeping your website optimally adjusted to help with traffic, SEO, rankings, and more. This monitoring is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

SEO Monitoring & Reporting. Certain Web Hosting Plans include SEO Monitoring and Reporting of the top SEO words we add to your website to keep us notified on how your site SEO is performing and areas we can improve upon. Keeping your website optimally adjusted to help with SEO rankings. This monitoring is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

WooCommerce Reporting. Certain Web Hosting Plans include WooCommerce Reporting for your website eCommerce store to keep you up-to-date with how your store is operating on a recurring monthly basis to help give you an idea of where things stand and what you can do different to grow your business. This monitoring is reported in your Website Care Report, if you have the upgraded report plan, or an applicable Web Hosting & Care Plan.

Quarterly Consulting Call. A scheduled call, occurring quarterly, the call will review your account & consult on digital marketing goals for the next quarter. This only applies if you have an applicable Web Hosting & Care Plan.

Forever Fresh Website. Your website will be aesthetically refreshed. *Requires 36 months of consecutive service on the Business Hosting & Care Plan and is for websites smaller than 60 pages. For larger websites, we will apply a 50% discount to the project (discount does not include discounts on 3rd party plugins, themes, licenses or extensions). This only applies if you have an applicable Web Hosting & Care Plan.

Website Hosting, Care Plans, Upgrades, and Additional Fees. Website Hosting and Care Plans by default do not include and/or cover any licenses, subscriptions, membership, 3rd party purchases, renewals, and/or any other form of purchase that may be required for the updating, maintenance, changes, and/or modifications to your website, WordPress core, WordPress theme(s), WordPress plugin(s), and/or any other 3rd party services and extensions. If you requests updates and changes to their website that is not currently enrolled into a Website Hosting and Care Plan with Hour(s) of Monthly Care, you will be charged at our current hourly rate for such work, in addition to any required theme, plugin, 3rd party license costs, or other applicable fees. If you requests updates and changes, If you would like to consolidate their theme, plugin, licenses and renewals, we can help to consolidate these into one monthly Website Hosting and Care Plan Payment. These payments would be in addition to your Website Hosting and Care Plan Payments, in addition to a set fee to cover any and all applicable taxes, processing, handling, renewal, updates, and hour(s) of work required. If your website utilizes all and/or exceeds the given Website Hosting and Care Plan’s server resources covered under your Website Hosting and Care Plan, the Website Hosting and Care Plan must be upgraded in order to cover the additional website hosting resources and/or requirements that are required for the website to function and perform as needed. If any additional server requirements are needed that are beyond the given resources for your Website Hosting and Care Plan, such as: Additional Gigabytes (GB’s) of Disk Space, Random Access Memory (RAM), Central Processing Unit (CPU’s), Bandwidth, a Dedicated Internet Protocol (Dedicated IP) Address, a Secure Sockets Layer (SSL) Certificate, a WildCard SSL, any other requested and/or required resource or service that is needed for the website will be billed separately and in addition to the your current Website Hosting and Care Plan at our current applicable rate.

Website Cookies, Web Policies, and Legal Compliance. Conceptualized Design offers auto-generating and auto-updating Terms of Service, Privacy Policies, Disclaimers, and End-User License Agreement (EULA) policies that are provided through their affiliate partnership with Termageddon, LLC, hereinafter known as (“Termageddon”), an Illinois limited liability company that offers these web policies, is subject to their terms of service located here, which are hereby incorporated by reference. Conceptualized Design offers these website policies to help clients who need website policies. If you agrees to use these website policies on their website, you understand and acknowledge that Conceptualized Design and Termageddon (collectively hereinafter “they” or “them” or “their”), are not law firms and any information contained on their websites is not legal advice and should not be treated as such. Any information on their websites should be used solely as a guide and does not replace the advice of a licensed attorney. You should always contact an attorney for help with your specific legal needs and issues. Depending on your jurisdiction, you may have to take additional actions to be in compliance with the law. Any use of these website policies contained on their websites are at your own risk. Any communication between you and them are not subject to attorney-client privilege. You understand and acknowledge that from time to time local, state, federal, and international laws and regulations may change that pertain to, but not limited to Terms of Service, Privacy Policies, Disclaimers, and End-User License Agreement (EULA) that applies to, but not limited to User Data, Personally Identifiable Information,Tracking, Cookies, Online Forms, Newsletters, Subscriptions, and eCommerce transactions. As the laws change, it is your responsibility to ensure their website remains in compliance with such law changes by updating and changing their policies as needed to remain compliant. You agree that you are solely responsible for compliance with any and all laws and regulations and is responsible for such web policy updates. You agree to defend, indemnify and hold Conceptualized Design, its employee, agents, subcontractor, independent contractor, or anyone acting on its behalf harmless from any and all claims of any kind including, but not limited to, all lawsuits for non-compliance of such laws damages, penalties, interest, legal fees, expert fees and court costs of any kind (“Claims”) arising out of, related to, or alleged to arise out of or relate to your non-compliance of such laws.

Your Web Hosting & Care Plan may provide you with access to use ManageWP. ManageWP is a website management console which allows its users to administer any number of websites including, but not limited to, management, monitoring, backups, deployment, reporting, publishing, and security tools. You acknowledge and agree that your use of ManageWP is subject to the terms of service located here, which are hereby incorporated by reference.

Start and Completion of Services. You acknowledge that Conceptualized Design’s start and completion of Services are dependent upon you providing all materials and login access including, but not limited to: text copy, web content, images, videos, links, website files, access to domain name provider, access to web hosting account, access to social media accounts, handouts, courses, quizzes, tests, documents, downloads, and any special input and instructions regarding said content, (collectively, “Content”), including timely reviews and approvals from you. You agree to provide Conceptualized Design with all Content needed to complete the Services within thirty (30) days of any request from Conceptualized Design. Any delay by you will affect the completion of Services. In the event that you do not timely provide Conceptualized Design with the requested Content, you agree that Conceptualized Design may use filler content of Conceptualized Design’s choosing to complete the Services. In the event of any such delay by you. You agree to be responsible for Conceptualized Design’s fees and any additional costs incurred for any additional work required to be done by Conceptualized Design. All additional work necessitated by your delay shall be billed at our current hourly rate. You acknowledges that Conceptualized Design is not responsible and agrees to hold Conceptualized Design harmless for any timelines, delays, and damages resulting from your failure to make such submissions in a timely manner.

Meetings and Approvals. You acknowledge and agree to meet with Conceptualized Design via online meetings as required by Conceptualized Design until the project is completed. Milestone and Task approvals and sign-offs must be responded to within dates specified by Conceptualized Design. A non-response by you to a requested approval or sign-off shall constitute that milestone or sign-off is approved by you.

Archiving of Project. If you go unresponsive for 30 days, the Project will be archived. If you want to resume the project, there will be an un-archiving fee of $300 to un-archive the project.

Changes/Additions to Agreed upon Services. In the event the you request to make changes to any work done by Conceptualized Design that has already been approved and accepted by you including, but not limited to: website copy, text, design, graphics, layout of a site, SEO, campaign strategy, custom programming services, application integration, custom functions, LMS, eCommerce, themes, plugins, add-ons, extensions, and/or any additional features that require purchase, subscription, membership, and/or any other form of purchase, or, if in the opinion of Conceptualized Design, any item of work requested by you is not within the scope of services outlined. You agree to pay Conceptualized Design at their current hourly or per service rate, in addition to any other costs incurred by Conceptualized Design for the completion of such services.

Electronic Commerce. You understand and acknowledges that from time to time local, state, federal, and international laws and regulations may change to include taxes, assessments, tariffs, and levies which pertain to internet electronic commerce. You agree that you is solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, and levies.

2. ACCOUNT TERMINATION; LIMITATIONS
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

Termination of Web Hosting & Care Plan Services. You may cancel any Web Hosting Plan Subscription, at any time with a 30 day advance notice. Cancellation prior to end of a monthly web hosting period will require that month to be paid in full. If a cancellation occurs, you has 30 days to migrate your website to a new web hosting provider. If the website is not migrated before the next billing period or within such time, You will be billed for the next month of continued web hosting services, and will continue to be charged for web hosting payments until your website has been completely migrated off of Conceptualized Design’s servers.

If a client wishes to cancel their web hosting services, we require a 30 day notice by written email notification. Any payments or renewals during this 30 day notice are not refunded as services are still being provided to host and managed the website. If a client submits a cancellation, they have a 30 day period to migrate to a new hosting provider. However, before a web hosting cancellation can be processed and website migration can occur, ALL payments for services rendered to-date are due and must be paid in full before any web hosting services are cancelled, and before a client is given access to migrate their website to a new hosting provider. We do not have any cancellation fees. However, if your website is not migrated within the 30 day period, your web hosting payments will continue until the site is migrated from our servers. If you need help to migrate your website, we charge a $250 migration fee to migrate websites to another hosting provider, or we can provide you with the necessary login information to migrate your website on your own or using a 3rd party service, free of charge.

You acknowledge and agree that upon expiration or termination of your Web Hosting Services, you must discontinue use of the Web Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Web Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Web Hosting Service Plan Subscription, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation of your Web Hosting Service Plan Subscription Payment, we will delete all such content on our servers and we will not be able to provide a copy of such content until all Subscription payments are paid in full, in addition to a $300 unarchiving fee, and a $250 website migration fee. If you wish to have us migrate your website, there will be a $250 Fee for a website migrations. A Website Migration does not include migrating anything but WordPress files, any other files, emails, DNS records, etc. will not be migrated.

Free Products Credits. Upon termination of any Web Hosting & Care Plan Services with Conceptualized Design, you acknowledge and agree that upon expiration or termination of your  Services, all free products provided as part of your Web Hosting & Care Plan Services with us will be cancelled and revoked, these include, but are not limited to Developer Licensing Key(s) of Theme Updates, Contact Form Plugin Updates, Slider Plugin Updates, eCommerce (WooCommerce) Plugin License Updates, Calendar Plugin Updates, Web Policy Updates, Free SSL Certificate(s) & Updates, CDN (Content Distribution Network), Caching System(s), Website Backup(s), Website Security System(s), as well as access to any of our Member Perks, Perks Plus, Perks Plus+, Hour(s) of Monthly Care, Discounts on Web Projects and Hourly Rates, Website Care Reports, Google Analytics Account, or any other web services or benefits offered in your web hosting plans will be discontinued.). Cancellation on your part will disconnect any these from your website and you will be required to purchase, install, reactivate, and reconnect these to your website on your own, after migrating your website, in order to continue to receive updates or for continued services of such items for them to function properly on your website.

Property Rights. Upon final payment of all Services, ownership of the completed assembled website including website design, graphics, text, and the HTML source code, shall be transferred to CLIENT. Rights including, but not limited to stock photographs, audio clips, video clips, other source codes, computer programs, and licenses, are specifically not transferred to you, and remain the property of their respective owners.

Notice Regarding Licensed Images on Migration or Export (where available). Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Conceptualized Design hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Conceptualized Design does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

Storage Capacity. The total amount of usable storage capacity for your particular Web Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), plugins, and other supporting file(s).

RAM Capacity. The total amount of usable RAM capacity for your particular Web Hosting Service(s) may differ from the represented capacity, as there is required demands for the operating system(s), system file(s), plugins, and other supporting file(s).

CPU Capacity. The total amount of usable CPU capacity for your particular Web Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), plugins, and other supporting file(s).

3. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES

Warranties and Representations. You acknowledges and agrees that Conceptualized Design has no control of changing external economic, and social factors that can affect your business, and that any of the services and products that Conceptualized Design provides cannot and will not guarantee that your sales, revenue, income, and/or business activity will stay the same or increase. You further acknowledges and agree that Conceptualized Design has made no representations, guarantees, or warranties that any Services provided by Conceptualized Design will improve your ranking or placement on any internet search engine, keep a consistent ranking, and/or out-perform competition.

Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Web Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, Conceptualized Design, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Conceptualized Design reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in Conceptualized Design’s discretion for security purposes.

In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Web Hosting Services, which includes, without limitation, use of the Web Hosting Services to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; or (3) use your server as an “open relay” or for any of the above purposes.

We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Web Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Web Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Web Hosting Services.

If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.

If you request that we install any Third Party Software (defined below) not provided as part of the Web Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

4. PROVISIONS SPECIFIC TO WEB, Web Hosting Only AND Web Hosting & Care Plans 

Storage and Plan Limits. All Web Hosting and Web Hosting & Care Plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations under their specific plans listed for Web Hosting & Care Plans outlined here (www.conceptualizeddesign.com/services/website-care-plan/) and for Web Hosting Only outlined here (www.conceptualizeddesign.com/services/managed-wordpress-hosting/), hereby included by reference. No more than a) 90% of one CPU core; b) 512MB/768MB/1GB of Plan RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added for additional fees or by upgrading your plan.

Web Hosting Plans may only be used to host a WordPress website or Moodle website. Only a single WordPress or Moodle installation is allowed per website hosting plan. Any WordPress or Moodle hosting account found to be hosting a non-WordPress, or non-Moodle website may be issued a network violation warning and will be required to remove the non-WordPress/non-Moodle website, or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate Web Hosting Plan, or an additional Web Hosting Plan in order to host the non-WordPress or non-Moodle site should you wish to continue hosting the non-WordPress or non-Moodle site on our network.

Each website on it’s own application on either a Shared VPS server or a “Dedicated” VPS Server. If you add the Web Hosting Plan Add-on: “Add Website(s)”, this will allow you to add additional WordPress website(s) to your Web Hosting Plan to share your Web Hosting Plan’s total server resources, shared between each of your WordPress website applications. This Web Hosting Plan add-on also adds “Multi-Site Rollover Hours” from one of your websites to another within the your Web Hosting Plan. If additional web hosting resources (Disk Space, RAM, CPU’s, Application Install, Software, etc.) are required for any of the websites being hosted, your Web Hosting Plan must be upgraded in order to accommodate the websites’ resource usage. Please note that ALL Hour(s) DO NOT roll over month to month, and ALL hours Expire at the end of each month.

You acknowledge and agree that inbound UDP is not support in shared or dedicated hosting environments.

Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

Use of Client’s Materials. Should Conceptualized Design, upon your written request, verbal instruction, and/or delivery of materials, utilize your materials which may include, but are not limited to, photographs, text, software, code, copyrighted material, and/or materials that may be owned by third parties, hereinafter known as (“Client’s Materials”). you acknowledges and agrees that neither Conceptualized Design nor its employee, agents, subcontractor, independent contractor, or anyone acting on its behalf have made any representation to you regarding your entitlement to use your Materials. You acknowledges and agrees that you have relied on its own investigation to establish whether you are entitled to use your Materials. you agree to defend, indemnify and hold Conceptualized Design, its employee, agents, subcontractor, independent contractor, or anyone acting on its behalf harmless from any and all claims of any kind including, but not limited to, all lawsuits for damages, royalties, penalties, interest, legal fees, expert fees and court costs of any kind (“Claims”) arising out of, related to, or alleged to arise out of or relate to any use of your Materials unless such Claims are due to Conceptualized Design’s gross negligence or intentional misconduct. If any form of copyright, trademark, and/or any other infringement issue does occur on the your website and/or server, you agrees to pay Conceptualized Design a fee of $250 per occurrence to cover any work, updates, changes, issues, and/or any other inconveniences that this may cause. Until the fee is paid in full, Conceptualized Design reserves the right to suspend hosting and/or any other services until the fee is paid in full.

Unlimited Bandwidth Website Plans. Web Hosting Only and Web Hosting & Care Plans are designed to host most personal, small business and large business websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance, or uptime of our servers, data storage, networking, or other infrastructure, you may be required to upgrade to a separate “Dedicated” VPS Server or we may take action to restrict the resources your website is utilizing.

Website CDN Service. Our Website CDN service (“CDN”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

In order to be eligible for Website CDN, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted with Conceptualized Design; (2) your domain name A record must be set up correctly; (3) you must not use DNSSEC; (4) you may not change operating systems.

If you are using a 3rd Party website system for WAF Security, CDN, or another service that requires your domain records to go through their service, such as Sucuri, these are a separate service and are not covered by us, for any and all technical issues, support, updates, and other issues, you must reach out to the service provider for help on these issues. Any billing for these services is billed directly to the client and not included in any Web Hosting & Care Plans that we offer.

5. PROVISIONS SPECIFIC TO VPS HOSTING

Server Access. Having a plan with us, you hereby authorize us to log into your server and application for purposes of installing and configuring the MS SQL or Managed Backups, or any other items necessary for us to do our work.

IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.

FTP Backup. We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Service Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Service Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. FTP Back-up may not be available on all hosting plans.

Web Hosting Plan Add-ons. We offer multiple configuration options (“Web Hosting Plan Add-Ons”) for an extra fee. The specific WordPress Website Add-ons available depend on which Web Hosting Plan or Web Hosting & Care Plan you purchase, which may include, but not limited to security system, firewall, plugins, extensions, Add Website(s), Web Policies, Hours of Monthly Care, CDN (Content Distribution Network), additional server resources, or 3rd party website plugins. You acknowledge and agree that adding a Web Hosting Plan Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software is only installed and configured on the website or server by our team and any Third Party Software is not supported by us for updates and compatibility. Any support or compatibility issues are to be provided only through the Third Party Software developers and is not supported by us. Any website Add-ons that are not listed on our website and/or are required for your website will be billed separately at our hourly rates, in addition to any other related fees.

6. PROVISIONS SPECIFIC TO SUPPORT PLANS

You may reach our team for support through Email at (support@conceptualizeddesign.com) for Support. Support on our end will be done through our Support Desk for Proper handling of all Support. Please review our Support, Update, and Change Requests Policy located here (https://www.conceptualizeddesign.com/legal/support-update-and-change-requests/), which are hereby incorporated by reference.

Priority Support. Priority Support covers you where we handle core patching, security, monitoring, backups, restores, updates, changes, and fixes. Additional configurations, installations, and work can be performed for an additional fee. If you elect to use our Priority Support Services (either as part of your Web Care Plan or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed if beyond the scope as outlined in the use of Hour(s) of Monthly Care. All services, both Plan and One-time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of Priority Support Services.

We may install a plugin on your hosted WordPress site for the purpose of facilitating your WP Priority Support Services. Its purpose is to facilitate the requested change and maintenance of your WordPress files. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site.

You acknowledge and agree that you shall not use WP Priority Support Services in a manner that, as determined by us in our sole and absolute discretion:

  • Displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
  • Uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services. You furthermore acknowledge and agree to any and all other Conceptualized Design: Terms of Service, Privacy Policy, Disclaimers, EULA, Acceptable Use Policy, Web Hosting Details, and Service Level Agreement policies listed here, hereby incorporated by reference.

Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services. Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, moving content, custom programming (PHP, jQuery, and more).

Final Product Testing. You agree that you shall test the functionality of any website created by Conceptualized Design to ensure that it is working pursuant to your needs before it is used for your business or other related purposes. If you discovers that any website is not functioning properly, you shall immediately notify Conceptualized Design in writing. You agrees that if you fails to test the functionality of any website and suffers damages as a result, you shall hold Conceptualized Design harmless from any and all damages of any kind suffered by you.

7. MANAGED WORDPRESS AND HOURS OF MONTHLY CARE

Managed and Fully Managed Web Hosting Support Plans. If you purchased a Managed or Fully Managed Hosting Support Plan (“Managed Web Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.

We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working. We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). The backups offered with these support plans are snapshots taken on a 7-day cycle. Restores are available upon request and may require an additional fee.

Hour (s) of Monthly Care. Hour(s) on Website Hosting Care Plans DO NO rollover and do not compound over time. ALL hour(s) expire at the end of each month. Overages for hour(s) of work performed are billed at our current hourly rate. In certain Web Hosting Plans or by a Web Hosting Add-on, hour(s) are transferable from one of your websites to another website (“Multi-Site Rollover Hours“). Hour(s) of Monthly Care can be applied to the following items:

    1. Website Changes. Applies only to existing web pages, content, images, slides, sliders, forms, links, and blog posts. Hour(s) of Monthly Care cannot be used to create new pages, new forms, new sliders, new slides, new popups, and/or web development time for a redesign or any other services – These items will be billed separately and at our current rates.
    2. Posting. Adding a new blog post to your website. For scheduled blog posts, you must provide blog posting materials and content to Conceptualized Design at least 72 hours before the required post date in order for Conceptualized Design to schedule and assign the task of posting the blog, create the blog post and post the blog post. All scheduling and manual posts will be done between Monday and Friday during normal business hours, and are subject to changes for any Holidays, Emergencies, and/or any Closed Business Days.
    3. Consulting. Time can be used for any Web, Digital, Marketing, and Social Media consulting.
    4. Coding. HTML and CSS Coding is included. Any other custom coding including, but not limited to JavaScript (JS), PHP, jQuery, and other coding types are considered Expert Services and will be billed separately and at our current hourly rate for such services.
    5. Support. Customer support by email, phone, text, and/or online meeting is covered for any support item relating to any product and/or service that Conceptualized Design offers. Unless otherwise specified, student technical support, end-user technical support, computer, phone, tablet, mobile device, 3rd party plugins, themes, extensions, software, hardware, or in-office technical support are not covered and will be billed separately at our current hourly rate.
    6. Updates. Updates for WordPress Core, Theme, and Plugins to stay updated and secure are included. Such updates are to be performed only by the Conceptualized Design team to ensure quality control and that proper steps are taken for any website backups, updates, changes, and restores. If you perform any such updates or changes to your website, server, and/or any services provided by Conceptualized Design, that causes the website, server, and/or provided services to disconnect, break, not function properly, and/or cause other issues, you acknowledges that Conceptualized Design is not responsible and agrees to hold Conceptualized Design harmless for any problems, delays, damages, or loss resulting from your failure to follow Conceptualized Design’s processes and procedures.Any work required of Conceptualized Design to perform any such repairs, updates, changes, restoring, and/or other fixes needed to correct your mistake will be billed separately and at our current hourly rate and is not covered by any Hour(s) of Monthly Care on your Web Hosting Plan. Updates do not include any purchases of any 3rd party licenses of themes, plugins, memberships, subscriptions, and/or updates to any websites, Learning Management Systems (LMS), hosting, and/or any other services. If any such items are included in a your Web Hosting Plan, such items would be outlined in your Web Services Agreement or added to the recurring monthly web hosting payments. If any other purchases for such items are needed at any point in the future, these items will be billed separately an in addition to such work required.
    7. On-Page SEO (Search Engine Optimization). On-Page SEO updates and changes are available with certain Web Hosting & Care Plans, or as a separate website add-on service that covers On-Page SEO for website – Updates, Changes, and/or SEO Monitoring. If not included in current Web Hosting Plan, you may upgrade your Web Hosting Plan to include such service or purchase an add-on SEO service.You acknowledge and agree that Conceptualized Design does not make any claim, guarantee, or warranty that SEO will help you attain a specific search engine ranking, keep a consistent ranking, and/or out-perform competition. You acknowledge that Conceptualized Design has no control over any updates, changes, and/or fluctuations of any search engine ranking algorithms, or on-going SEO efforts by competitors. Conceptualized Design does not guarantee or warranty an SEO project timeliness, added expenses, and end results, if SEO work is destroyed either wholly or in part, or either knowingly or unknowingly by you or any other party with access to the website, other than Conceptualized Design’s team, or without the prior consultation/knowledge of Conceptualized Design. SEO work is considered to be destroyed if including, but not limited to any of the following changes are made to the website without first consulting Conceptualized Design: Renaming, re-locating, adding or removing any page, URL, file, folder, sub-domain, on a website or server, including but not limited to web documents, robots.txt, .htaccess file, sitemap.xml, and rss.xml. Making any changes on an optimized web page. Making any changes to the head section of a web page like changing the title tag or certain tags required for website authentication. Adding, removing, or modifying contents, functionality, or a widget. Making any changes to the anchor text. Removing the Google Analytics code from the website. Make any changes in the website architecture. Linking to any website without prior consultation. Taking down in part, or in whole the website. Conceptualized Design does not guarantee or warranty a project timeliness, additional expenses, and end results, if there is a server outage for prolonged time. If you fail to resolve SEO queries on time or make delays in providing required access, documents, permission, or any support for SEO purposes. If you fail to make necessary changes on the website as and when advised by Conceptualized Design. If you refuse to educate themselves about SEO. If you fails to pay on time or renew a domain, web services, or any other required services, causing a lapse in service.

8. SUPPORT, UPDATE, AND CHANGE REQUESTS

For Support, Update, and Change Requests, please refer to our Support, Update, and Change Requests Policy listed here (https://www.conceptualizeddesign.com/legal/support-update-and-change-requests/), hereby included by reference.

9. SERVICE LEVEL AGREEMENT (SLA) UPTIME GUARANTEE

We offer a Service Level Agreement (“SLA”) of available time per month. If we fail to maintain this SLA Uptime in a particular month (as solely determined by us), please refer to our SLA Agreement located here (https://www.conceptualizeddesign.com/legal/service-level-agreement/), which is hereby incorporated by reference. 

10. THIRD PARTY SOFTWARE

Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.

Operating Software. The Web Hosting Services are operated in Linux® environments.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Web Hosting Services. You may not use the Third-Party Software outside of the Web Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Web Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).