THIRST PRODUCTIONS, LLC – TERMS OF SERVICE for WEB HOSTING/MAINTENANCE
Subject to the terms and conditions of this Agreement, Thirst Productions may provide Web Hosting services for Client subject to the following terms:
TERMS OF PAYMENT
Terms of payment are invoiced and C.O.D. unless credit approval has been granted by Company. We reserve the right to revoke any credit extended or to terminate any and all services provided if payment is in arrears for more than 30 days. All costs to resume service will be billed to the client and data/files may not be maintained if the account is in default. A late fee of 10% may be charged if financial obligations are not met.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Thirst Productions, LLC has no control over activities related to the natural life of the code base of a website. Updates to WordPress/plugins/themes/etc can cause websites to fail, and files and databases can become corrupted for no reason. Company provides the basic tools to host a website and makes no warrantee, express or implied, that a website will operate without fault. This includes issues caused by hackers/hacking and the natural lifecycle of a website. We cannot be responsible for security breaches, the theft of any information, or damages caused by such a breach, nor can we be responsible for issues caused by updates to code, plugins, themes, or the end of the useful life of a design. Any work completed to restore damaged sites – intentional or unintentional, to be billed at standard hourly billing rates, with the exception of a site restore from a prior backup. No warrantee/guarantee of website functionality is expressed or implied as part of the hosting services.
All issues related to legal compliance are the duty of the business owner to make. We encourage accurate, up to date and detailed privacy policies, terms of service and explanation of how personal data is used on all our sites – but it is not the duty of the webmaster or hosting service to ensure the content is compliant (examples include GDPR and CCPA). Please discuss compliance requirements with a lawyer so that you may understand and communicate precisely what policies and information needs to be present on your website.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client. 4) Lack of payment for services completed as outlined in Terms of Payment.
Thirst Productions, at its’ discretion, may terminate relationships with any hosting client for any reason. I will offer 30 days notice before closing the hosting account so that the client may relocate their website. Once terminated, any and all work performed will be billed at standard hourly rates (migrations, backup/restore, archiving of files, DNS transfer, etc).
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of NH. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
SECTION X – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Thirst Productions, LLC
300 Post Road
Greenland, New Hampshire 03870
Last Edited on September 16, 2020