Web Hosting Terms of Service

Introduction

All web hosting plans include the great service you have come to expect from Steven Michael Fies (“Steve”) and his team at S.MICHAEL Creative Branding. Furthermore, your web hosting plans are the result of key partnerships between Steve and major global companies like WP Engine, SiteGround, and Namecheap. Your web hosting plan will be a business-grade solution that is fast, reliable, and scalable.

Steve designed his web hosting plans after building many websites, and realizing the almost universal need for customers to access a business-grade solution that was SEO-friendly and included key features like routine WordPress updates and maximum cybersecurity protection.

To that end, your plan was designed end-to-end to include everything Steve wants for his own websites: fast and secure DNS routing via CloudFlare, malware security by WordFence and/or WP Engine (depending on your plan), and maximum site speed and performance.

Your plan was also designed to include convenience features like quarterly WordPress updates, giving you the peace of mind that your site will always be up-to-date, and initial email setup to make sure you hit the ground running. There are some limitations to keep in mind, however.

Plan Limitations

WordPress updates, plugin updates, and theme updates are provided quarterly when they are routine. For purposes of your web hosting plan, updates are considered routine when they are quick, minor by nature, and they do not break or affect the appearance or functionality of your website. Updates to WordPress, plugins, and/or themes that break or affect the appearance or functionality of your website are considered non-routine, and will require your advance approval of fees to perform extended updates and related maintenance.

Initial email setup includes up to five (5) accounts for a single domain, either directly on your server or through Zoho Mail or GSuite in the case of optimized WordPress plans. Zoho Mail has a free plan available, but you may incur extra charges if you require features on one of their upgraded plans. Likewise, GSuite (formerly “Google Apps”) currently charges $5/user/month for their email and apps services. Prices are subject to change and these fees shall be paid directly to the third parties by the client all cases unless otherwise negotiated.

Tier 1 plans (“Done For You”) include up to 2GB local storage, 10K monthly visitors, and up to 100GB data transfer. Additional visits are just $2.50 per thousand, and up to 10GB of additional local storage can be granted for an additional $2.50 per 1GB per month.

Tier 2 plans (“Max Performance”) include up to 20GB local storage, 50K monthly visitors, and 1TB data transfer. Unlimited additional storage and data transfer are available for an extra fee by switching to a customized plan suited to your needs, to be negotiated with Steve and/or his team at S.MICHAEL Creative Branding.

Tier 3 plans (“The Rolls Royce”) include up to 100GB local storage, 100K monthly visitors, and unlimited data transfer. Additional visits are just $1 per thousand and additional storage can be made available upon request for an extra fee, to be negotiated with Steve and/or his team at S.MICHAEL Creative Branding.

General Disclaimers

No web host can offer 100% uptime. Even plans that costs thousands of dollars per month and utilize load-balancing technology to distribute web traffic across multiple cloned servers fail sometimes. S.MICHAEL Creative Branding cannot offer a 100% uptime guarantee, nor that your site will be available and accessible at any given time by any given person using any given device, computer, or system.

None of these web hosting plans include website support and maintenance beyond the limited quarterly updates specified above. All of your support requests will be billable under your agreement with Steve and/or S.MICHAEL Creative Branding at the full hourly rate agreed upon for such services.

All S.MICHAEL web hosting plans include a business-grade firewall for cybersecurity protection. However, S.MICHAEL Creative Branding cannot absolutely guarantee your site will not be hacked or compromised. There are many factors outside of our control that make it impossible to provide a blanket guarantee. Similar to how no web host can guarantee 100% uptime, no web host can guarantee their servers are 100% hack-proof.

As a customer, you are expected to use strong passwords and tightly control user-access to your website(s), because weak passwords are easily brute-force cracked and anyone with access to your website has the potential to login and change, modify, and erase your data or use our servers for illicit purposes. By signing up for web hosting with S.MICHAEL Creative Branding, you accept sole liability for any illicit activity that occurs on our servers as the result of negligence or usage of weak passwords.

Finally, like with any web hosting plan, you as the customer are solely responsible for the time and cost of backing up, moving, and/or migrating your data in the event you cancel your web hosting plan with S.MICHAEL Creative Branding. The backups and maintenance provided while you are subscribed to your web hosting plan with S.MICHAEL Creative Branding will no longer be available if and when you cancel your service. Furthermore, your website and its corresponding data will be automatically and permanently deleted if you do not independently back up, move, and/or migrate your website and its corresponding data to another server prior to the cancellation of your web hosting plan with S.MICHAEL Creative Branding.

You can expect a migration or change of web host to require approximately +/- 10 hours of billable time from a professional web developer should you hire someone to perform this function for you, although every situation is different. S.MICHAEL Creative Branding reserves the right to quote this work on a case-by-case basis should you decide to move or migrate your website(s), if you elect to hire S.MICHAEL Creative Branding to perform this work. S.MICHAEL Creative Branding shall not have an obligation, however, to quote or perform this work on your behalf.

Your web hosting plan with S.MICHAEL Creative Branding will be cancelled immediately if you submit a written request confirming your cancellation. Your web hosting plan with S.MICHAEL Creative Branding will be also cancelled automatically if you fail to remit payment for more than thirty (30) calendar days after your bill is due.

S.MICHAEL Creative Branding will not be liable for a breach of the Web Hosting Terms of Service nor for outages, downtime, or defective service in your web hosting plan; unless you give S.MICHAEL Creative Branding written notice within ten (10) days of the time you discover or ought to have discovered the breach, outage, downtime, or defective service. At its sole discretion, S.MICHAEL Creative Branding will either repair or re-perform such services (or the defective part), or credit or refund the price of such services at the pro rata rate of your web hosting plan that corresponds to the duration of the breach, outage, downtime, or defective service. These shall be your sole and exclusive remedies and S.MICHAEL Creative Branding’s entire liability for any breach of the Web Hosting Terms of Service or for outages, downtime, or defective service in your web hosting plan.

In situations where this agreement is in conflict with your contract with Steve and/or Collaboration Enterprises LLC d.b.a. S.MICHAEL Creative Branding, your contract will control (and not these Terms of Service). Any and all disputes will be governed under the laws of the State of Texas and any legal remedies shall be pursued at the Travis County Courthouse located therein.