1. Introduction
This Terms of Service ("Agreement") outlines the terms and conditions under which Creative Link Inc (the "Company") agrees to provide Essential Managed Web Hosting services (the "Services") to you, the customer ("You" or"Your"). By using the Services, You agree to be bound by this Agreement.
2. Definitions
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Service: The Company's provision of a web hosting environment managed by the Company for You.
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Account: Your unique login credentials and account information used to access the Client Area to manage your subscription and support requests.
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Website: Your website that is being hosted in your Account.
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Content: All data, files, and other materials uploaded, stored, or transmitted through Your Website.
3. Services
The Company will provide You with a shared web hosting environment, including:
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A virtual host (domain or subdomain) for storing and serving Your Content
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Disk space and bandwidth for storing and transmitting Your Content
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Basic server-side scripting languages (e.g., PHP)
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Database management tools (e.g., MySQL)
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A WordPress Installation
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Access to our Client Area portal where you can manage your account and support tickets
4. Use of the Service
You agree to use the Service only for lawful purposes. You are responsible for ensuring that all Content uploaded or transmitted through Your Account complies with this Agreement and any applicable laws and
regulations.
5. Restrictions on Use
You may not:
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Use the Service to store, transmit, or display illegal, obscene, or harmful content
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Engage in spamming, phishing, or other forms of unauthorized solicitation
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Disrupt or interfere with the Service's operation or the activities of other customers
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Attempt to hack, crack, or otherwise compromise the security of the Service or any network connected to it
6. Intellectual Property
You retain ownership and control over Your Content. The Company may use aggregated, anonymized data from Your Account for marketing or research purposes.
7. Payment Terms
The Company will charge You a recurring fee (the "Fees") for the Service. Fees are non-refundable unless otherwise stated in this Agreement. You must pay all outstanding Fees to continue using the Service.
8. Invoicing and Collections
Invoices for the Services will be sent to Your designated email address. The Company reserves the right to suspend or terminate Your Account if payment is not received within 30 days of the invoice date.
9. Refund Policy
All sales are final, and there are no refunds unless otherwise stated in this Agreement.
10. Service Levels and Uptime
The Company strives for 99% uptime and will use commercially reasonable efforts to maintain the Service. However, the Company cannot guarantee availability or performance of the Service due to factors outside its control (e.g., network outages, natural disasters).
11. Data Loss and Restoration
The Company will create daily backups of your website files and databases on a daily basis. Backups are retained for 7 days. You may request a restoration from a backup when you are actively subscribed at any time via email or a support ticket.
The Company does not guarantee data preservation or restoration in case of a failure or other issue beyond these daily backups preserved for 7 days.
Daily backups occur between the hours of 12am and 6am MST.
12. Support
The Company provides basic technical support to help You troubleshoot issues with the Service. Additional support services may be available at an additional cost.
13. Term and Termination
This Agreement commences on the date You begin using the Services and continues until terminated by either party in accordance with this Agreement.
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The Company may terminate Your Account if You breach this Agreement or fail to pay Fees.
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You may terminate Your Account at any time by contacting the Company's support team.
14. Limitation of Liability
In no event will the Company be liable for:
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Any damages resulting from the use of, or inability to use, the Service
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Loss of data or Content
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Interruption or failure of the Service
15. Indemnification
You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, judgments, costs, or expenses arising out of:
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Your use of the Service
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Your violation of this Agreement
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Any claim or complaint made by a third party due to Your actions or omissions
16. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising out of or related to this Agreement will be resolved through binding arbitration.
17. Entire Agreement
This Agreement constitutes the entire agreement between You and the Company regarding the Services, and supersedes all prior negotiations, understandings, and agreements.
18. Amendments
The Company reserves the right to modify this Agreement at any time by posting revised terms on its website. Your continued use of the Service after a modification becomes effective will constitute Your acceptance of
the modified Agreement.
19. Notices
Notices and other communications sent to You regarding the Services will be made through electronic means (e.g., email and Client Area notifications).
20. Effective Date
This Agreement is effective as of the date that you initiate your web hosting subscription and will continue until terminated by either party in accordance with this Agreement.
By using the Essential Managed Web Hosting services provided by the Company, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service. If You do not agree with any provision of this Agreement, You must refrain from using the Services.