Web Hosting Terms of Service
Last Updated: January 1, 2016
This Terms of Service Agreement (“Terms of Service”, or “Agreement”) is an agreement between you (“User”, or “Client“) and Cemah Creative LLC (“We”, “Us”, or “Our”) to govern the use of Cemah Creative Web Hosting Platform (“Hosting”). By using the Hosting, you agree to comply with these Terms of Service, our Privacy Policy, and any other conditions or guidelines posted on this Website.
Web Hosting Service Description
Your website is located on one or more servers and resources are shared between multiple clients across our network. All software updates, including but not limited to: Linux, Varnish, Apache, NginX, Memcache, MySQL and WordPress are deployed after evaluations have been made.
WordPress typically has major releases every quarter to provide fixes and new features. We do our best to identify potential issues before deployment but there may be instances when a software update could introduce bugs to your website. Under these instances, we will work to resolve outstanding issues and return your website to the same state it was prior to receiving updates.
Authorized Access
Access to your site will be provided using the standard WordPress administration console. This address is your primary domain with “/wp-admin/” appended. We do not provide access to any servers via SSH, FTP, SFTP, FTPS or any other method outside of the public-facing WordPress administration console. Your hosting allows for a single (1) WordPress website to be deployed at a time. Any additional websites or applications you need hosted by Cemah Creative LLC will have additional rates.
Each website on our network is assigned a unique identifying address ending in “cemah.net”. It is the responsibility of the client to purchase and renew any specific domain names through a third party registrar. Cemah Creative LLC adheres to a strict policy of not purchasing domain names on behalf of the client. We believe it is important for every client to own their domain name and have a direct relationship with a registrar.
Authorized Users
You authorize Cemah Creative LLC employees to access your WordPress installation to make necessary software and configuration updates. At your request, we can make content updates for an additional hourly rate.
You may assign up to five (5) authorized users to access your WordPress administration console. You are responsible for all liabilities incurred by any additional users, including all losses and damages. If you wish to add authorized users to your account, please email their full name, email address and desired username to support@cemahcreative.com.
Security
Our hosting is not fully compliant with PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) and thus should not be used for these purposes. However, payment transactions can be performed by services such as PayPal, Stripe, or Braintree using external API’s. These services allow us to pass sensitive data directly to their servers without information needing to flow through our hosting network. This allows for PCI DSS Self-Assessment Questionnaire (SAQ) to be valid without the full scope of PCI compliance.
While we make all efforts possible to safeguard your data, we do not recommend using our systems to store confidential information of any type. Doing so is at your own risk. Cemah Creative LLC is not responsible for data loss or theft under any circumstances.
Service Availability
Cemah Creative LLC will provide service availability of 99.95%, calculated on a calendar month basis.
You will receive a credit of five percent for each hour we fail to meet this level of service. In order to receive a credit, you must make a request in writing to support@cemahcreative.com. Credit may be applied to future hosting services and will not be issued as a cash or credit refund.
Excused Downtime
Server maintenance may be performed during the following periods: Sunday 4am to 7am Eastern Time. We notify clients 48 hours ahead of time if we expect downtime during maintenance periods to exceed 15 minutes, with the exception of emergency security issues.
Acceptable Use Policy
You may not use our hosting to violate any local, state or federal laws or regulations. In particular, you may not use our systems for: copyright infringement, patent infringement, trademark infringement, distribution of pornography of any kind, gambling, defamation, harassment, libel, false advertising, slander, violence, hate speech, or illegal arms trafficking.
We reserve the right to deny service to any company we feel provides a risk to our networks or could result in targeted denial of service attacks (DoS).
Limitations of Liability
Cemah Creative LLC will not be liable to you in relation to the contents or use of our hosting for:
- any direct loss
- any indirect or consequential loss
- any business loss, loss of revenue, income, profits, contracts, business relationships, reputation or corruption of information or data
Exceptions to Liability
Nothing in these Terms of Service will exclude or limit anything unlawful to exclude or limit. Nothing in this Agreement will exclude or limit Cemah Creative LLC’s liability in respect of:
- death or personal injury caused by our negligence in regard to the use of our hosting
- fraudulent misrepresentations
- any matter that would be illegal for us to exclude or limit its liability
Other Parties
You agree that you will not bring any claim against Cemah Creative LLC’s officers or employees for any losses suffered in relation to our web hosting.
You agree that the limitations of warranties and liabilities set out in this Agreement will protect Cemah Creative LLC, our officers and employees, as well as subsidiaries, successors, and sub-contractors.
Indemnity
You hereby indemnify Cemah Creative LLC against any losses, damages, costs, liabilities, and expenses incurred by us arising from any claim or breach by you of any provisions of this Terms of Service. This includes, but is not limited to, legal expenses, settlements of a claim, and advice from legal advisers.
Breaches of this Agreement
If you breach these Terms of Service in any way, Cemah Creative LLC may take action we deem appropriate to deal with the breach. Action includes, but is not limited to, suspending access to your website or bringing court proceedings against you.
Variations of Agreement
Cemah Creative LLC has the right to revise these Terms of Service at any time. New versions of the Agreement will apply to our web hosting from the date of last update listed at the top of this page. To ensure you are familiar with the most updated version, please check this page often.
Assignment
Cemah Creative LLC may transfer or sub-contract our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer or sub-contract your rights and/or obligations under this Agreement.
Unenforceable Provisions
If any provision of this Agreement is deemed unenforceable by law, that will not affect the enforceability of all other provisions in this Agreement. If any part of a provision is deemed unenforceable, but the rest of the provision is deemed lawful if that part is deleted, it will be deemed deleted and the rest of the provision will be in effect.
Law and Jurisdiction
These Terms of Service will be governed by the laws of the United States of America. The exclusive jurisdiction for disputes relating to these Terms of Service shall be the state and federal courts located in Sanilac County, Michigan USA.
Questions About Our Web Hosting Terms of Service
If you have any questions or concerns regarding our Web Hosting Terms of Service, contact us at 800.948.4988 or support@cemahcreative.com.