Website Hosting Terms

Website Hosting Terms

1. You are also engaging KPFdigital to host your website.
2. KPFdigital will provide a website hosting account to support your website’s goals and enable you to manage your website’s content yourself. You will have access to the administrative dashboard of a WordPress installation that will serve your website. You will not have access to the underlying hosting account unless the Project Specification so provides.
3. The Payment Amount covers hosting for the first year following the Effective Date.
4. Beginning one year after the Effective Date, an additional charge for continued hosting will be paid in advance annually, in an amount stated in the Project Specification (the “Annual Hosting Fee”). Thus, on each year’s anniversary of the Effective Date, the Annual Hosting Fee will be due for continued hosting for the following year, and KPFdigital will bill you accordingly.
5. The Payment Amount (during the first year) and the Annual Hosting Fee (in subsequent years) entitle you to operability of the hosting account and WordPress installation. Support for website content management is not included, unless stated by the Project Specification.
6. From time to time KPFdigital may notify you that it is changing its hosting price. In such event, if you are not satisfied with the new price, you may cancel or refrain from renewing your purchase of KPFdigital’s hosting services.

Cancellation or Nonrenewal of Hosting

7. You may inform KPFdigital in writing or by email at any time that you wish to cancel KPFdigital’s hosting of your website.
8. In addition, if you fail to pay a bill for continued hosting, you will be deemed to have cancelled KPFdigital’s hosting of your website on the date that your payment for continued hosting becomes 30 days past due.
9. Upon cancellation of your hosting, your website will no longer be publicly accessible.
10. KPFdigital will continue to make your website files and backups available for your retrieval for 30 days after cancellation of hosting. Thirty days after cancellation of hosting, KPFdigital will delete your website files and backups.

Website Backups

11. Under its standard hosting plan, KPFdigital performs backups of your website’s data and files on a daily schedule pursuant to a protocol that should be satisfactory for most routine website needs.
12. The standard backup protocol does not copy your website’s data and files more often than once per day, however, and the backups are preserved for a limited period. KPFdigital makes no representation or guarantee that all of your website’s data and files will always be recoverable from backup. You may request that KPFdigital provide more frequent or longer-lasting backup solutions for additional cost by separate contract.

Uptime

13. Although problems are rare, KPFdigital does not represent that your website will never go down. All computers malfunction from time to time, including due to software bugs, malicious attacks, hardware failure, configuration error, or acts of God. Occasional planned maintenance and upgrades also have to be carried out on hardware and software. Such circumstances can cause your website to be unavailable. It is impossible to keep a website up and running 100% of the time without a substantially more complex and redundant system than KPFdigital offers in its standard hosting package.
14. KPFdigital has a network monitoring system in place, and if problems arise, KPFdigital will do its utmost to rectify them as soon as possible. Any request for a refund of hosting fees based on downtime will be considered and negotiated on a case-by-case basis. Under no circumstances will KPFdigital be responsible for lost business or any other harm that you or any third-party may suffer as a consequence of your website being down.

Security

15. KPFdigital will use commercially reasonable efforts to protect its hardware and software systems from malicious activity.
16. The World Wide Web is public space, and security is a shared responsibility. You agree to use KPFdigital’s systems in such a way as to maintain the security of your website and KPFdigital’s services. This includes, without limitation, using secure passwords, refraining from sharing your passwords with others, exercising appropriate control over access to your website, and taking care that any software you install comes only from trusted, reputable sources for which you have a reasonable basis to expect their software is secure.
17. If unauthorized access is discovered (e.g., if your website is “hacked”), KPFdigital will take reasonable steps to try to repel the intrusion, reestablish security, and restore your website to a state in which it existed prior to the intrusion. However, you understand that KPFdigital cannot and does not guarantee the absence of malicious access, or that restoration would be possible in its event.
18. KPFdigital reserves the right to audit your website’s data, software, configuration, and passwords for compliance with reasonable security practices, and in KPFdigital’s discretion to make precautionary updates or modifications in order to maintain appropriate safeguards. If modifications are necessary for security, KPFdigital will endeavor to notify you as soon as possible, which might be before or after it has taken security protection measures.
19. You understand and agree that KPFdigital will have administrative-level access to your WordPress installation, and retains the right in its sole discretion to review all aspects of your website from time to time to audit its compliance with law, appropriate security practices, and KPFdigital’s acceptable use policy.

Acceptable Use

20. Using an Internet-connected server and publishing information on the Web requires common sense. You agree not to operate your website in ways that violate the law, harm other people or KPFdigital’s facilities, or breach Internet “community standards.” You also understand and agree that “acceptable use” is a distinct and narrower concept than “legal use.”
21. Among other prohibited uses: You may not overburden the facilities KPFdigital provides for your Website. You may not place excessive burdens on KPFdigital’s CPUs, servers or other resources, or interfere with the services KPFdigital provides to other customers. You may not use excessive bandwidth or data transfer. The website hosting facilities provided to you are not intended for storing files unrelated to operating your website — in other words, they are not to be used as a “Dropbox” or “Google Drive” style service.
22. You also agree to abide by KPFdigital’s “Acceptable Use and DMCA Policy,” which is available to read online at http://www.KPFdigital.com/acceptable-use-dmca-policy/. (The DMCA, or “Digital Millennium Copyright Act,” is a federal law that pertains to handling complaints of online copyright infringement.)
23. Because the nature of what is an acceptable use of the Internet evolves, KPFdigital reserves the right to make alterations to its acceptable use policy at any time. You agree that if you are not satisfied with any such changes, your only recourse will be to cancel your engagement of KPFdigital’s services without refund.

AMENDMENT OR WAIVER

1. Terms and conditions of the hosting services KPFdigital provides under this Agreement are subject to change by KPFdigital at any time for any reason upon written or email notice to you. If, upon receiving notice, you do not wish to continue using KPFdigital’s hosting services on the modified terms, you may cancel them pursuant to paragraphs 1.7 – 1.10 above. If you continue to use KPFdigital’s hosting services and do not cancel them within two weeks of notice of the modifications, you will be deemed to have accepted the modified terms, which will then be binding as of the date of notice of the modified terms.
2. This Agreement may not be amended or modified except by a writing signed by both Parties. No term or condition of this Agreement will be deemed waived and no breach consented to unless such waiver or consent will be memorialized in a writing signed by both Parties.