What you need to know:
Wilmington Design Company has been in the hosting business for over 15 years. Our internal team, along with our managed hosting partners work together to provide a full range of high-quality, secure email and hosting solutions to ensure that your web presence is cost-effective, reliable, and secure. We have chosen enterprise-level managed hosting partners that provide a world-class environment designed and optimized specifically for hosting your website and or email. Our partners offer the industry’s highest uptime and service availability. We can handle the entire setup process including Domain Management, SSL Certificates, and Email accounts so you can have one point of contact for all of your website and technology needs.
Billing: Our hosting service charges are payable in advance on an annual or monthly basis. We process your hosting cost by credit card that you supply at the signing of this agreement. Hosting services will be discontinued after 60 days should nonpayment occur.
Support: Email support: our standard email hosting support comes with up to 1 hour of complimentary expert email set‐up and account configuration support each year. If your company will require more than 1 hour of email set‐up and configuration per year, we recommend you consider working directly with an IT company consultant to take care of your specific needs.
Website support: The training time we offer for websites that we have designed, developed and host will be listed in your project proposal. Unless otherwise indicated, typical website training is provided at the launch of your website.
Cancellation: You may cancel your hosting services at any time with a required 30 day written notification. Other conditions may apply. See the details below.
Availability: Our enterprise-level managed hosting partners provide world-class environment that offers the industry’s highest uptime and service availability. Although most clients have never experienced problems, the possibility exists that you may at some point experience some form of disruption in the service. If you have specific uptime requirements, please reach out to our hosting team for more information.
Back ups: We are currently deploying a daily onsite backup regiment of the content located on the web server.
Web & Email Hosting Agreement
Definitions
The Company, The Host – Wilmington Design Company, LLC
The Client – The business or individual accepting this agreement and listed on the signature page of the “WSA”.
Content – All text, pictures, sound, graphics, video, links, and other data stored by Client on the Company’s server computers.
Website – Means pages presenting the Content stored by Client on The Companies server computers.
Services – Means website hosting and or email hosting.
Acceptance
Your continued use of The Companies website and or email hosting services (“Services”) Client agrees to be bound by all terms and conditions of this Agreement.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Term/Length of Service
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the month or year in which this Agreement was executed. After the initial term, this Agreement shall be automatically renewed for successive monthly periods or annually until terminated by one of the parties as provided in this Agreement.
Annual Hosting: The initial hosting term for annual hosting is 12 months. After the initial term, this Agreement will automatically renew on an annual basis until terminated.
Monthly Hosting: Monthly hosting clients are charged monthly and automatically renew on a monthly basis until terminated.
Service Start Date
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon the Company’s receipt of payment for such first term of service or upon a mutually agreed-upon alternate date.
Payments and Fees
Hosting service charges are payable in advance on an annual or monthly basis. Hosting invoices are due upon receipt. The Company will charge the credit card that the Client provided at the signing of their agreement for the annual or monthly hosting fee established in the agreement and will continue to charge the recurring invoices to that card throughout the time that services are provided. Hosting services will be discontinued after 60 days should nonpayment occur.
Host reserves the right to change or modify its charges for Client’s plan from time to time with 25 days notice written or email to Client. Client’s continued use of the Companys services after receipt of such notice shall constitute Client’s acceptance of and agreement to be bound by the Companys modified charges for its services. Additional charges for add-on services not included in the Client’s plan will be made as mutually agreed upon. The client agrees to be billed for all recurring and one-time charges, including late charges for any Services ordered by the Client and any fees owed to Host. Any charges for upgrading the Client’s current Hosting package, or performing add-on requests, will be invoiced accordingly.
Renewal by the Customer
This Agreement will automatically renew for a twelve (12) month term unless canceled in writing by the Customer at least 30 days prior to the end of the term renewal date. Renewal prices are subject to change. Renewal of services by the Customer indicates agreement to any Contract revisions and price changes. Renewal fees will be automatically invoiced to the Customer’s credit card or invoiced to the customers account.
Account and Billing Updates
It is the responsibility of the Customer to maintain accurate billing information with the Company. This may include updated credit card information, email address and a mailing address for billing and contact. Changes in Client’s account information may be reported to Host by email at kim@wilmingtondesignco.com, support@wilmingtondesignco.com
Ownership of Content
All Content stored by Customer on The Companies server computers shall at all times remain the property of the Customer. The Customer grants to The Company a non-exclusive, worldwide license to the Content and the Customer Content only to the extent necessary for the Company to host the website.
Content-control
The Customer will only use the Companies services for lawful purposes and the Customer will not store or provide any Content or link to any material that violates foreign, federal, state or local law.
Remedy for Violation
Should the Company become aware that the Customer is in violation, at its option, remove the Content in violation, immediately terminate hosting Customer’s Website and/or notify the authorities. If hosting is terminated, the Company may, in its sole discretion, reinstate hosting upon an adequate showing of Customer’s right to use the Content.
Taxes
The Customer is solely liable for any taxes or fees payable for products or services sold by Customer on the Website.
Cancellation Policy
Clients have the right to cancel the hosting service at any time. Cancellation by Client must be in writing with 30 days notice. Cancellation will not take place until this notice is received. Requests for cancellation of service should be made in writing by email to the address provided in the notification section, and cancellation will occur within 3 business days of receipt. You may request a refund for prepaid hosting fees for the full months remaining after cancellation. Refunds for partial months are not provided. Setup fees, if incurred, are not refundable. Host is not responsible for failure to use the hosting service, and non-use of the service does not constitute a cancellation.
If You cancel service, moving your website and or email to another hosting provider is your responsibility. Hosts will provide the information necessary for you to transfer your website and or email prior to cancellation, but will not conduct the actual transfer. Additional costs may be incurred for compiling and backing up the website. All information pertaining to your account is deleted from our servers within 14 days of cancelation.
Limitation of liability.
The company, its owners, employees, affiliates, agents, vendors, and the like shall not be liable for any lost profits, lost business, lost data or direct, indirect, incidental, special, or consequential damages that result from the use or inability to use the company hardware or services. Customer agrees that its sole and exclusive remedy shall be return or reduction of fees payable to the company.
General Provisions.
This Agreement will be governed and construed in accordance with the laws of the State of North Carolina. Both parties agree to submit to personal jurisdiction in New Hanover County, NC, and further agree that any cause of action or dispute arising under this Agreement will be litigated or arbitrated in New Hanover County, NC, United States of America.
Severability and Waiver.
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Indemnification of Host
User will indemnify and hold Host harmless against any claims incurred by Host arising out of or in conjunction with User’s breach of this Agreement, as well as all reasonable costs, expenses, and attorneys’ fees incurred therein. Host’s total liability under this Agreement with respect to the Services, regardless of cause or theory of recovery, will not exceed the total amount of fees paid by the client to Host during the six (6) month period prior to the date the claim arises.
Entire Agreement
This Agreement shall constitute the entire agreement between Client and Host, and no other agreement, statement, or promise relating to the subject matter of this agreement which is not contained herein shall be valid or binding.
Excessive Use of Services
The Company may impose an additional charge or a restriction of services at any time that the Customer’s use of the Email the Companying Services imposes a considerable effect on the Company resources or system performance. The Company shall have sole discretion as to what constitutes excessive use and what activity is considered a violation of either the Company Acceptable.
Use Policy, or level of service that the Customer is currently using. The Company is responsible for monitoring such excessive use for the account as a whole and has no responsibility to identify a user individual end-user, employee, or other agents who may or may not be responsible for the excessive use of services.
List the “sending an unacceptable volume of bulk spam” We need to address these abuses and put a cost for handling the violation.
Anti-SPAM
You may not at any time utilize the Services for the sending of unsolicited email messages (sometimes called and hereinafter referred to as “spam”). All messages sent by means of your use of our Services shall be in compliance with the terms of this Agreement and shall only be used for lawful purposes in compliance with all other applicable U.S., state, local and international laws governing your business, operations and activities, which may include (1) the U.S.’ CAN-SPAM Act of 2003 (“CAN-SPAM”), any other jurisdictions’ policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement, child protective email address registry laws, laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services and laws that govern false, unfair and deceptive practices, etc. Click the links provided for more information on compliance with CAN-SPAM
Censorship
The Company will exercise no control whatsoever over the content of the information passing through the network, email, or website.
Liability, No Warranty, Limitation of Damages
Our enterprise-level managed hosting partners provide the highest uptime for its web and email servers. Although most clients never experienced disruptions, the possibility exists that you may at some point experience some form of disruption in the service. The Company shall have no liability of any kind for any damages or loss arising as a consequence of downtime or unavailability.
Host’s, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or implied, that their services will not be interrupted or error-free; nor do they make any warranty as to the result 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 and or provided through their services, unless otherwise expressly stated in this Agreement.
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 the services, or for any damages that result from mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or transmission, or any failure of performance whether or not limited to act of God, communication failure, theft, distraction, or unauthorized access to his records, programs or services.
The Company will exercise no control over the content of the information passing through the Company network except those controls expressly provided herein.
The Company makes no warranties or representations of any kind, express or implied, for the services it is providing. The Company also disclaims any warranty of merchandise ability 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-deliverables.
Account Deactivation, Termination, or Cancellation
Upon account deactivation, termination, or deletion, all stored files, logs, email messages, attachments, address book entries, mailing lists or other data stored on the Company servers will be immediately deleted. The Company has no obligation or responsibility to store the Customer’s data after the Customer’s account has been deactivated or terminated.
Service and Support Availability
A member of our technical support help desk staff will be available to assist you with problems and questions regarding the hosting services. We will supply telephone and/or email support to you regarding the hosting services Monday – Friday between the hours of 9:00 AM and 5:00 PM EST.
You may contact our technical support help desk via email at support@wilmingtondesignco.com or by telephone at (910) 395-9997. We may, from time to time, develop additional methods for you to contact the help desk, and will make information regarding such methods available at our website.
The Company will provide the User reasonable amounts of support consultation via telephone and/or email support in the use of the system. Assistance with services that are not maintained or controlled by the Company can be provided at an additional cost. The time for this assistance and or support will be estimated in advance.
Website Training, Hosting Customer Service and Support
The training time for websites that we have designed, developed and host will be listed in your project proposal. Unless otherwise indicated, typical website training is provided at the launch of your website.
Email Hosting Customer Service and Support
You will receive up to 1 hour of complimentary expert level email set‐up and account configuration support each year via telephone and/or email in the use of the email service/system. If your company will require more than 1 hour of email set‐up and configuration per year, we recommend you consider working directly with an IT company consultant to take care of your specific needs.
Clause headings are for convenience only and do not affect the construction of this document.
Website & Web Application Hosting
Domain Registration.
At the Clients request, the Company may acquire a Domain Name on the Client’s behalf. The client agrees to waive any and all claims, or which may later arise, against Host for any damages, losses, claims or expenses related to the registration or use of the Domain Name. Any costs incurred by Host to obtain and/or maintain the Domain Name on your behalf shall be charged to you by Host. You will be notified when the Domain Name is due to expire, and you must provide payment for renewal prior to its expiration. The successful renewal of domain names after the expiration date is not guaranteed. Renewal attempts after the expiration date may result in additional fees, whether or not the renewal is successful. Registration and renewal fees are not refundable.
Plug-ins and Third Party Functionality
If the Company built your website on the WordPress platform we will maintain the standard plug-ins that were part of your website at launch. If software licenses fees for your plugins or third party functionality were required, the client is responsible for paying all costs associated with such licensing and ongoing renewals.
Custom built websites and web applications. If the Company build your website on a custom platform we will maintain the standard plug-ins and or functionality that were part of your website at launch. If software licenses fees for your plugins or third party functionality were required, the client is responsible for paying all costs associated with such licensing.
If additional third party functionality and or plug-ins are installed by the Company after the site launches, the client is responsible for all costs associated with licensing, maintenance, troubleshooting and updates.
The reliability of all third party plugins are the sole responsibility of the company providing the functionality.
Availability of Website
The Company will provide hosting services for the website that meet reasonable commercial standards for uptime. If you have specific uptime requirements for your website, please contact us for options and pricing.
Data Files, Backup and Security
The Company will take commercially reasonable steps to prevent unauthorized access to the Website and the information stored on The Company’s server computers.
The Company is currently deploying a daily onsite backup regiment of the content located on our web servers. In addition we also retain 3 days of backups. If you have specific backup requirements, please contact our hosting team.
Email Hosting
Type of Service
This service agreement provides email service and includes Web Mail access (email accounts are accessible through a web browser) as well as POP, SMTP, or IMAP protocols for sending and receiving email.
Email Exchange services are also available – please contact our support department for pricing.
Limitations of Service
The Company is not responsible for training the Customer or the Customer’s employees on the use of their respective email clients. (Example “email clients” include but are not limited to: Microsoft Outlook, Apple Mail, Gmail, Thunderbird etc)
The Company is not responsible for the setup and configuration of email on mobile devices, including but not limited to mobile phones, laptops, iPads, iPods and or tablet devices.
The Company is not responsible for troubleshooting email problems that are not directly related to the Email Services.
The Company is not responsible for maintaining and renewing the Customer’s domain name MX records or other DNS-related functions if the Customer’s domain name is not hosted by the Company.
The Company is not responsible for the Customer’s domain being listed on any third-party blacklist or suppression list, not under the Company’s direct control.
The Company is not responsible for troubleshooting or correcting any problems with the Customer being able to send or receive emails to or from a third party due to blacklists, suppression lists, third party software or firewalls, network security settings or any other factor not directly under the Company’s control.
Antivirus, Trojan, and Malicious Code Disclaimer
The Company email servers make use of enterprise-class antivirus software in order to protect the server and detect virus-infected email messages. Due to the nature of virus, Trojan, and other malicious code dangers, the Company makes no warranty that these features will detect, delete, or otherwise protect the Customer from these dangers. the Customer is responsible for implementing their own internal policies and procedures for opening potentially dangerous attachments and is encouraged to install antivirus software on all access points or computers using the Company Email the Companying Services.
SPAM Filtering
SPAM filtering is provided as a courtesy service to the Customer through our third party host and is not warranted to the Customer for any type of protection. The Company may provide SPAM filtering to the Customer to assist in the elimination of undesired commercial email, reduce network traffic and system processing. The Company is not responsible for any data loss, false positives or quarantined messages. It is the Customer’s responsibility to maintain all email messages. The Company has the right to manage the SPAM filter according to management direction.