WordPress Hosting+Maintenance Contract

1) Definition of Terms:

2) Service Provided:

5.12 Design Lab will provide web hosting for the above-named Client’s website(s). If the Client has more than one website with us, each website will need a separate contract and fee (unless other arrangements have been discussed and agreed upon). Hosting is provided via a dedicated server computer or cloud server and network that is integrated into the Internet. This server computer and network will send and receive information as related to the World Wide Web. The Client will be connected to and utilize the hardware and software facilities contracted by 5.12 Design Lab to establish an Internet web site. 5.12 Design Lab continually evaluates the service we receive from our vendors and reserves the right to move our client sites and assets to another vendor at our discretion, and without notification to the Client, in order to maintain site security, uptime, flexibility, and performance.

3) Content Limitations:

5.12 Design Lab reserves the right to refuse service and/or access to its servers to anyone. 5.12 Design Lab does not allow any of the following content to be stored on its servers: Abusive and unethical materials and uses including, but not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses and any infringement of privacy or libel. Illegal Material - Including copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation. Miscellaneous content - Including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc. and encrypting of any of the above. Also includes any sites providing "links to" or "how to" information about such material. Hosting or providing any of these materials will lead to immediate termination of the offending account without refund.

4) Unsolicited Bulk Email:

The sending of spam, or Unsolicited Bulk Email (UBE) is not permitted on accounts hosted by 5.12 Design Lab, and will lead to immediate termination of the offending account without refund.

5) Fee:

Our hosting fee is $480 per year. All hosting accounts are on an annual cycle that begins on the date this contract is signed. The Client’s hosting account will renew automatically on the same date annually; the Client will receive an invoice 15 days in advance for the next year’s contract. While changes to this fee are infrequent, said fees may be raised at the end of each annual cycle; Client will be informed of fee increases in advance and will be offered assistance in moving their site if they choose not to accept the new fee structure.

6) Cancellation:

5.12 Design Lab reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer violates 5.12 Design Lab’s terms of service, a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time, in writing, and will receive a pro rata refund based upon the remaining period of membership, with the pro rata amount determined from the beginning of the month following 5.12 Design Lab’s acknowledgement of intent to cancel. Client must notify 5.12 Design Lab of intent to cancel 15 days before the desired termination date.

7) Storage and Bandwidth:

Your hosting account has a 100GB disk quota and an extremely high number of monthly allowed pageviews (1,000,000 pageviews per month), shared across multiple clients. We realize that from time to time, a Client may have unanticipated circumstances which cause their web sites to exceed this limit. In rare cases, such overages may result in additional charges, or temporary suspension of service. Should this occur, 5.12 Design Lab will first make every effort to contact you to prevent any unexpected charges or service interruptions.

8) Privacy:

Your information is not shared with or sold to any other third party entity or individual for that entity or individual’s independent use.

9) Use of Employees, Partners, Subcontractors:

5.12 Design Lab reserves the right to have others assist in the maintenance and operation of the server. This right includes but is not limited to the use of system administration or programmer subcontractors.

10) Assignment:

The client’s obligation under this contract can not be assigned to another third party entity or individual without the express written consent of 5.12 Design Lab.

11) Copyrights and Trademarks:

The client warrants that any and all text, graphics, photos, designs, video, animations, and all other visible content used on this website are owned by the client, or that the client has permission from the rightful owner to use the same. The client will hold harmless, protect, and defend 5.12 Design Lab, its owners, officers, employee and subcontractors from any claim or suit arising from the use of such item furnished by the client.

12) Severability Provision:

If any provision of this contract is found to be invalid or unenforceable, the remaining terms still apply and the contract maintains its enforceability.

13) Severability Provision:

Client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 5.12 Design Lab, its owners, officers, employees and subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce. 5.12 Design Lab shall not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader Internet problems beyond our control.

14) Tax Advice:

The client understands and acknowledges that Internet Electronic Commerce may require the collection of duties, taxes, tariffs and/or similar obligations on the part of the Client. It is understood and acknowledged that the Client is solely responsible for the collection of duties, taxes, tariffs and /or similar obligations in the connection with his/her/its Internet Electronic Commerce. It is further understood and acknowledged that 5.12 Design Lab has not provided any tax advice in connection with development of the Client's website and the Client is solely responsible for complying with the Internal Revenue Code or applicable state or local tax law provisions.

15) Agreement:

The agreement contained in this "Website Hosting Contract" constitutes the sole agreement between 5.12 Design Lab and the Client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for 30 days.