InSync Media Hosting Agreement and Terms of Service
This document is intended to bring clarity to our hosting services. By paying for our hosting services, you agree to uphold this document and the Marketing Contract. These terms shall be considered an addendum to the terms of the InSync Media Marketing Contract, which may be read in full online: https://terms.insync.media/marketing-contract/.
1. Services
We agree to host your website, perform hourly, daily or weekly backups, update your theme and plugins, optimize your website for speed, and maintain industry-standard security protocols on your website and our hosting servers.
If there is any issue with your website caused by our services (hosting, backup, security, updates), we agree to fix the website back to the original working order within twenty-four (24) hours of the problem being identified and/or verified by InSync Media. If we deem the issue will take longer than 24 hours, we will let you know as soon as possible.
The scope of Services provided under the Agreement may be amended by any reasonable means showing mutual agreement between the Parties. Any associated fees will be clearly and conspicuously provided to you before you agree to any such change.
We will provide the Services in accordance with the terms of the Agreement. You acknowledge that we may engage third parties to provide or enable elements of the Services, provided that we are responsible to you for the performance of such third parties as if we performed the Services ourselves. You shall use the Services solely for the intended purpose in accordance with the Agreement and provide us with all information, assistance, and materials reasonably required for our ongoing provision of the Services.
From time to time, we may provide replacements for certain components of the Services or cease supporting them altogether. No such replacement or end of life shall constitute a breach of the Agreement.
HOURLY CREDIT. We include a two (2) hour per month credit towards any of the above mentioned fixes without any additional charges, with the max credit of six (6) hours per twelve month period. We may charge you an hourly rate for any time over the two hours per month or max six hours per twelve months.
BACKUPS. We backup your website hourly, daily or weekly, depending on your hosting service agreement. This allows us to get your website back up and running in the event of a crash or hack within 24 hours, unless we notify you that it will take longer for various reasons.
CUSTOMER SUPPORT. We will provide complimentary support on your hosting and security services to you through the standard means we make available to our customers.
UPDATES. InSync Media regularly updates the theme files, server software, and plugins, and we perform a manual check on your website after major updates. We agree to make any fixes necessary after theme/plugin updates. In the event that a plugin is abandoned by it’s developer or becomes a known security risk we will replace it with a better option. If a plugin replacement changes the design or incurs a subscription cost you will be notified and the offending plugin will be deactivated while an agreement is reached on the appropriate measures before action is taken.
SPEED. We perform a speed optimization on your website when you begin our hosting services. However, there are circumstances outside of our control that can and will slow your website down (uploading large files, images, videos, or other content, adding plugins or features).
REPORTING. You will receive monthly reports from us for your hosting and security services. If you have any questions or concerns let us know within three (3) business days of receiving the report.
2. Fees; Invoicing
You agree to pay the Fees beginning on the Effective Date and according to the payment terms set out in the Order. Fees are not refundable except as expressly stated herein.
Unless other arrangements have been made (such as a discount on a bundled package), this is a month-to-month service; no long-term contracts. You agree to keep a valid credit card on file and not initiate a chargeback for our hosting services. If your account becomes delinquent, we have the right to stop hosting your website after reasonable attempts to contact you for payment.
If you wish to change hosting providers, we are happy to help you with the migration at our standard hourly rate, or you can authorize someone else to move it for you or do it yourself. No refunds shall be given for partial months.
We have a strict no-refund policy on our hosting and security services.
You agree to the issue and acceptance of invoices in electronic format. We will invoice you immediately upon execution of the Order and on each renewal date thereafter. If you elect to pay via credit or debit card, we will charge the provided credit or debit card immediately upon account activation and on each renewal date thereafter, up to one week prior to the due date.
It is your responsibility to maintain accurate and up-to-date billing details and ensure the Fees are paid by the due date. If you fail to maintain accurate and up-to-date billing details, your account may be suspended until such details are provided. If you are overdue on any Fees, we may: (i) charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum lawful rate permitted by applicable law, (ii) suspend provision of the Services, and (iii) terminate the Agreement in accordance with Section 3 below. You will be responsible for any charges associated with our collection efforts related to unpaid Fees.
3. Term; Termination
Our hosting services are a month-to-month term, each month renewing for successive Renewal Terms of one month, unless one Party notifies the other in writing of its intent not to renew. After you notify us of your intention to cancel these Services, you must move your website to a different hosting provider before the end of the current Term at your expense. Your monthly payments will be canceled on the day that your website is moved off of our servers. No refunds shall be given for unused portions of a Term.
We may terminate the Agreement prior to the end of a Term without refund: (i) if you materially breach the Agreement and fail to cure such breach within 10 days of our notice to you; (ii) if we reasonably believe that your use of the Services endangers or negatively affects our network or systems, violates the law, or interferes with our ability to provide services to our other customers; (iii) if you abuse, harass, or threaten any of our employees; (iv) if we provide you with at least 30 days notice; or (v) for any other cause stated herein.
4. Proprietary Rights
Customer Content is and remains your exclusive property, and we claim no rights whatsoever in the Customer Content except to the extent explicitly granted herein. For the Term of the Agreement, you hereby grant to us, our affiliates, providers of Third-Party Services, and subcontractors a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute the Customer Content (in whole or in part) solely and strictly to the extent required to provide the Services to you under the terms of the Agreement.
We and our licensors own and shall continue to own all right, title, and interest in and to the Services and the systems and networks used to provide such Services, including all system-generated data (e.g. performance data), modifications, improvements, upgrades, derivative works, and all intellectual property rights in and to any of the foregoing. Except for the express rights granted herein, we do not grant any other licenses, express or implied, to any of our intellectual property including software, services, or products.
5. Digital Millennium Copyright Act.
The unauthorized production or digital distribution of copyrighted items such as pictures, music, books, and so forth is prohibited on any website using our Services. We are not liable for content on your website that violates the DMCA. InSync Media LLC shall immediately block access to any and all questionable material as soon as we become aware of the potential violation until the issue is resolved. We reserve the right to cease all Services without refund should we deem Customer Content violates the DMCA.
The content on your website is your exclusive content. InSync Media claims no rights or responsibilities for the content. You agree not to post or host any content on your website that violates copyright laws, steals someone’s intellectual property, or incites violence/cyber bullying. InSync Media will not be held responsible for the publishing of such content.
We have the right to immediately take down any content we deem violates applicable laws as soon as we become aware of the issue. You will be notified if such action needs to be taken.
6. Security
We will maintain commercially reasonable technical and operational measures designed to protect our internal networks from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident.
We make every effort to secure your website and our servers from malware, crypto-locks, ransomware, or other malicious activity.
It is important for you to take the security of your website seriously by maintaining your own backups, not installing plugins without consulting with us, not sharing your passwords, adding additional users with generic usernames (etc: admin, administrator, sitename), and not allowing unauthorized users access to your website.
You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements. You agree to configure your use of the Services in such a way as to maintain the security of the Services and our network (e.g. by only uploading software that has been demonstrated to be secure, installing patches, and not sharing passwords).
Should we determine that our network has been accessed in an unauthorized manner, and that unauthorized access impacts your Services, we agree to notify you as soon as reasonably practicable after we have investigated the unauthorized access and fulfilled our legal obligations.
Likewise, you agree to notify us should you identify unauthorized access to the Services.
If the security of your website is breached, InSync Media LLC will take the necessary steps to restore the security of your website by removing the malicious contents, and/or restoring your website from a backup. InSync Media LLC is in no way assuming legal or ethical liability for any type of security breach on your website.
7. Limitations
Although we may perform regular backups of your site and Customer Content, we do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, content that is corrupted prior to being backed up or that changes during the time a backup is performed. We will provide support to you and attempt to troubleshoot any known or discovered issues that may affect your backups, but you acknowledge that we have no liability related to the integrity of your backups or the failure to successfully restore your content to a usable state. You agree to maintain a complete and accurate copy of any Customer Content in a location independent of the Services.
Although we routinely perform malware scans and install industry-standard security settings on our servers and your website, we do not guarantee that your website will never be hacked or have malware installed by a malicious third party. We are not liable for any loss of income or reputation (real or perceived) during the time your site is down due to non-payment, a security issue, downtime on our servers, issues with third-party plugins, issues with updates, or any other issues.
The limitations in this Section do not apply to the extent prohibited by applicable law or to your payment obligations for Services provided.
We maintain no control over and disclaim any and all liability for Third Party Services, even where we may have provided limited support or advice to you in relation to such services.
- You have full administrative logins to your website and hosting accounts (if requested). This means that you or anyone you give login access to has the ability to make changes which could compromise the security and stability of your website.
- If you or someone you authorize causes any issue on your site related to our Service knowingly or unknowingly that InSync Media has to fix, this is not covered by your two hours per month credit and will be billed at our standard hourly rate.
- You agree to inform InSync Media before installing new plugins to your site as some plugins may affect the security of our entire server network.
8. Definitions
a. “Agreement” has the meaning provided in Section 1(a).
b. “Authorized User” means a user whom you have authorized to access and manage your website.
c. “Confidential Information” means information disclosed by one Party to the other, directly or indirectly, in writing, orally, or by inspection of tangible objects, that should be reasonably understood to be confidential by its particular identification or designation, the circumstances of its disclosure, or the nature of the information itself. Confidential Information does not include information which, at such time: (i) is generally known or available to the public without breach of the Agreement by the receiving Party; (ii) is rightfully disclosed to the receiving Party without restriction as to further use or disclosure; or (iii) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information, as shown by documents and other competent evidence in the receiving Party’s possession. Confidential Information is and shall remain the property of the disclosing Party (or its licensors, as applicable), and no rights are granted to the Confidential Information other than those rights expressly granted in the Agreement.
d. “Customer,” “you,” or “your” means the entity entering into this Agreement with InSync Media LLC upon the actions taken by its authorized representative.
e. “Customer Content” means the text files, images, photos, videos, sounds, or other materials or works of authorship belonging to you or your end users that you cause to be stored within the Services, excluding Customer Data.
f. “Customer Data” means the information about you or your Authorized Users which is required by us in order to provide the Services to you.
g. “Effective Date” means the date your services with InSync Media began.
h. “Initial Term” means the term stated in the Order.
i. “Order” means the order form or online transaction which describes the Services and incorporates these Terms of Service.
j. “Party” means either Customer or InSync Media LLC; “Parties” means both Customer and InSync Media LLC.
k. “Privacy Policy” means the policy located at https://insync.media/privacy-policy/ as it may be updated from time to time.
l. “Renewal Term” means any successive term after the Initial Term.
m. “Services” means the hosting, support, backups, updates, and other related services we provide to you as described in the Order.
n. “Term” means the entirety of the Initial Term and all Renewal Terms.
o. “Third-Party Services” means certain third-party products or services which are not sold or licensed by us but which are made available for you, in your sole discretion, to enable or integrate with the Services (e.g. third-party themes and plugins available through the WordPress administrative portal). We maintain no control over and disclaim any and all liability for Third Party Services, even where we may have provided limited support or advice to you in relation to such services.
9. UPDATES.
We may update these Terms of Service from time to time at our sole discretion; the current version may be found at https://terms.insync.media/hosting. In the event of any material change, we will provide you with written notice via electronic communication and a notification on this site. Your continued use of the Services following such updates constitutes your acceptance of the same. If you do not agree to the terms of any modification, you may terminate the Agreement in accordance with the Termination section.
Questions may be directed to: InSync Media LLC. 118A N Cascade Montrose CO 81401 or [email protected].