Consent(Required) I have read, understand, and agree to be bound by the terms and conditions of this Agreement(Required)
1. Introduction
This Website Hosting Services Agreement ("Agreement") is entered into by and between Local Robot LLC ("Host") and the client ("Client") identified in the associated service order form. By accessing, using, or purchasing the hosting services ("Services") provided by the Host, the Client agrees to be bound by the terms and conditions of this Agreement.
2. Service Provision
The Host agrees to provide web hosting services as described in the service order form, which may include, but is not limited to, website hosting, domain name registration, email hosting, and related services.
3. Renewal and Price Changes
Services are subject to automatic renewal. The Host will provide at least 30 days' notice prior to any price changes.
4. Resource Usage and Overages
Resource usage is monitored to ensure optimal performance for all clients. While there is no hard limit on resources, The Host reserves the right to limit customers or increase their monthly rate if their website consumes excessive resources. "Excessive Resource" use is defined as any use that significantly impacts the loading time or causes errors for other websites on the same server. Clients will receive 30 days' notice to resolve the issue before any rate increase. Assistance to remedy the issue will be provided free of charge upon request. Failure to resolve the issue may lead to service termination.
5. Cancellation Policy
Clients may cancel services at any time. Cancellation will result in billing for the remainder of the current monthly billing period. The Host will provide a .wordpress file backup upon cancellation. Site migration and modifications for migration are not included.
6. Service Level Agreement (SLA)
Continuous service is aimed for but not guaranteed. In the event of service downtime, we aim to respond within 2 hours during business hours and work diligently to resolve the issue as quickly as possible. Daily site backups are guaranteed, ensuring data integrity.
7. Acceptable Use Policy
Prohibited content includes, but is not limited to, material that is illegal, harmful, explicit, defamatory, or violates copyright laws. Explicit content includes nudity, graphic violence, hate speech, and harassment. Content promoting illegal activities, such as drug use or piracy, is also prohibited. The Host reserves the right to remove content that violates these standards, and to make exceptions on a case-by-case basis.
8. Dispute Resolution
In the event of a dispute, The Host will engage in good faith efforts to resolve the matter amicably. If resolution cannot be achieved, standard legal proceedings in the jurisdiction of Rhode Island will apply.
9. Data Ownership and Intellectual Property Rights
Clients retain ownership of their data and intellectual property. The Host may access and retain copies of client data for purposes including service maintenance, compliance with legal obligations, and improvement of services.
10. Confidentiality
The Host commits to maintaining the confidentiality of client data, never selling it, and only disclosing it when legally required.
11. Force Majeure
Neither party shall be held responsible for failure to fulfill their contractual obligations due to events beyond their control, including but not limited to natural disasters, acts of terrorism, governmental actions, or war.
12. Compliance with Laws
Both parties agree to comply with all applicable laws and regulations.
13. Modification of Services
The Host reserves the right to modify, enhance, or discontinue services, partially or entirely, with at least 30 days' notice to clients via email or an announcement on the The Host website.
14. Indemnification
The Client agrees to indemnify and hold harmless The Host from any claims, damages, or expenses arising from the Client's use of the Services, including but not limited to infringement of intellectual property rights and any legal violations.
15. Liability Limitations
The Host’s liability is limited to direct damages and does not extend to indirect, consequential, or punitive damages. This limitation applies particularly to data breaches and security incidents.
16. Data Security
The Host commits to maintaining industry-standard security measures to protect client data on its servers. However, clients are primarily responsible for the security of their websites.
17. Jurisdiction and Venue
Disputes arising under this Agreement shall be governed by the laws of Rhode Island, and the parties consent to the exclusive jurisdiction and venue in the state and federal courts within Rhode Island.
18. Amendments to the Agreement
This Agreement may be amended or updated by The Host from time to time. Clients will be notified of any changes via email or an announcement on our website. Amendments will become effective 30 days after notification.
19. Contact Information
Local Robot LLC can be reached for support, billing inquiries, or legal notices via our website.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral.
21. Acknowledgment
By using the Services, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.