Last Updated: December 1, 2024
1. Overview
This Terms of Service Agreement (“Agreement”) outlines the terms and conditions governing the provision of website hosting services (“Services”, “hosting”, “web hosting”, “website hosting”) by Cemah Creative LLC (“Provider”, “we”, “us”, “our”) to its clients (“Client”, “you”, “your”). These terms supplement the terms within our Universal Terms of Service Agreement.
2. Restrictions and Limitations
- Our website hosting is intended for marketing and promotional websites and is not suitable for mission-critical business functions.
- Our website hosting is specifically engineered to host websites we create. No additional websites, applications or databases can be installed.
- We do not provide access to any servers via SSH, FTP, SFTP, FTPS or any other method outside of the public-facing content management system administration portal.
- We do not allow third-party plugins or server code to be installed on our website hosting. However, in most cases we can provide the requested functionality via other means. If we are unable to fulfill a request, we will provide a detailed explanation along with any available alternate options.
- The file storage included with your website hosting is intended only for the assets used within the website. Any other file storage usage is prohibited.
- Website backups are intended for disaster recovery purposes. Retrieval of specific files or content from a point-in-time backup, if possible, may have additional costs.
3. Performance Guarantees
We guarantee the 95th percentile load time of your website will be less than or equal to 250 milliseconds, as measured over the previous 30 days. Load time is measured as the amount of time between a visitor initiating a request for a page, to our server returning their requested page.
In the event the 95th percentile load time is greater than 250 milliseconds, we will investigate and implement a solution to improve performance at no cost to you.
4. CMS Administration Portal Access
Access to the website’s content management system administration portal can be provided for up to 5 people. You agree to restrict usage of, and handle with care, any usernames and passwords associated with the website. Each person accessing the website administration portal must have their own unique login.
You agree to immediately deactivate, or request to deactivate, any user accounts associated with ex-employees or ex-representatives who are no longer associated with your business.
5. Form Submissions
Form submissions are made anonymously and cannot be verified for authenticity or accuracy. Any message containing claims, threats or calls-to-action must be handled with caution. Any messages containing website links or URLs must be handled with caution; only navigate to well-known, trusted websites.
The contents of form submissions are configured to be sent to an email address of your choice. Due to the nature of email systems, we cannot guarantee email deliverability. You agree to regularly check your email spam folder for form submissions and notify us if there is an irregularity in the frequency of notifications.
We use filtering to identify spam form submissions. If a submission is identified as potential spam, a notification will not be sent. We regularly audit spam submissions and if a message is identified as a false positive spam match, we will process the submission for delivery. This may delay delivery of form submissions. You can request to opt-out of spam filtering at any time.
A form submission notification passing our spam filtering is not an indicator that the message is authentic, accurate, non-malicious, or otherwise safe.
You may request an export of form submission logs of the last 45 days at anytime by contacting us at support@cemahcreative.com.
6. Data Retention
Detailed visitor traffic logs, form submissions and other visitor related data is retained for 45 days. Audit logs are retained for a minimum of 365 days. Aggregated, non-personally identifiable, statistics are retained indefinitely.
Analytics software is used to track basic metrics and respects website visitor privacy. Tracking takes place without the use of cookies and captures: visitors, pageviews, time on site, bounce rate, referrers, devices, browsers, and country of origin. Other analytics trackers can be installed at your request. You can request to opt-out of website analytics tracking at any time.
7. Network Abuse
We utilize network hardware & software designed to identify spam, hacking attempts, denial-of-service attempts and other requests with malicious intents. We reserve the right to block, throttle and/or degrade access to the your website from any network we have identified as abusive.
8. Traffic Spikes
You agree to notify us if you have any foreknowledge of a situation that may result in an exponential increase in traffic to the website; eg. “Shark Tank” appearance, major news coverage. While our hosting is designed to dynamically scale, having advanced notice will allow for additional preparation and improved performance.
9. Service Cancelation & Transfers
In the event of service cancelation after minimum term commitments are met, we will provide a ZIP archive containing all assets needed to re-deploy the website at later time or to a different host within 3 business days. This includes:
- The content management system software and files related to the website.
- An admin username & password for the content management software.
- A MySQL database export of the website’s database.
- DNS Zonefile exports of all hosted DNS records.
- CSV file exports of raw website analytics data.
- Domain EPP transfer authorization codes to transfer domain registrations.
10. Third-Party Service Terms
We may utilize the following third-party services within your website. You agree to the terms and conditions of the following third-party providers:
- Fathom Analytics – Provides privacy friendly visitor analytics
License Terms: https://usefathom.com/terms - Google Maps – Provides embeddable maps and location information
Terms of Service: https://cloud.google.com/maps-platform/terms