PHD Consulting Website Hosting Agreement
This Website Hosting Agreement outlines the terms, policies, and responsibilities associated with website hosting services provided by PHD Consulting (“PHD Consulting,” “we,” “us,” or “our”). The individual or business receiving hosting services is referred to as the “Customer.”
By purchasing, renewing, or continuing to use website hosting services provided by PHD Consulting, the Customer agrees to the terms and conditions outlined below.
1. Website Hosting Services
PHD Consulting provides managed website hosting services designed to support the performance, security, reliability, and ongoing operation of Customer websites.
All websites built by PHD Consulting are required to be hosted within our managed hosting environment unless otherwise agreed to in writing. Maintaining websites within our hosting environment allows our team to better manage website performance, security, backups, software updates, troubleshooting, and technical support.
PHD Consulting may also host websites originally designed or developed by other companies. Acceptance of a third-party website into our hosting environment is subject to review and approval by PHD Consulting and may require website updates, migration services, security remediation, or other work before hosting can begin.
Hosting services apply only to the website(s) and services specifically associated with the Customer's hosting account or agreement. Customers may not resell, transfer, or provide PHD Consulting hosting resources to another individual or organization without prior written authorization.
2. Term of Hosting Agreement
Website hosting services are provided for an initial contract term of twelve (12) months or longer, as specified in the Customer's applicable proposal, service agreement, or hosting package.
The Customer is responsible for fulfilling the entire initial contract term. If the Customer cancels hosting services before the end of the agreed-upon term, the Customer remains responsible for the unpaid balance of the contracted hosting commitment.
Once the initial contract term has been fulfilled, website hosting will automatically continue on a month-to-month basis without requiring the Customer to enter into another long-term contract. Month-to-month hosting will continue at the then-current hosting rate until canceled by either the Customer or PHD Consulting in accordance with this Agreement.
3. Billing and Payment
Website hosting is billed according to the billing schedule and pricing established in the Customer's applicable proposal, service agreement, hosting package, or invoice.
Hosting fees are payable according to the due date shown on the Customer's invoice. The Customer is responsible for maintaining current billing and contact information with PHD Consulting.
Following completion of the Customer's initial contract term, hosting will continue on a month-to-month service basis at the then-current hosting rate. The frequency at which hosting is invoiced or paid does not create a new long-term contractual commitment unless otherwise agreed to in writing.
Domain registration or renewal fees, email services, licenses, third-party services, additional storage, website maintenance, development work, malware remediation, or other services not specifically included in the Customer's hosting plan may be billed separately.
The Customer is responsible for all applicable taxes associated with services provided under this Agreement, excluding taxes imposed on PHD Consulting's income.
4. Past-Due Accounts and Suspension of Service
Accounts that become past due may be subject to suspension or termination of hosting services.
PHD Consulting will make reasonable efforts to notify the Customer regarding an outstanding balance before suspending service. However, PHD Consulting reserves the right to suspend hosting, email, website access, maintenance, or other related services when an account remains delinquent.
Suspended services may require payment of all outstanding balances and, when applicable, a reconnection or restoration fee before services are restored.
PHD Consulting is not responsible for website downtime, lost business, lost revenue, lost email, reduced search visibility, or other damages resulting from suspension or termination due to nonpayment.
5. Website Performance and Availability
PHD Consulting uses commercially reasonable efforts to provide reliable website hosting and maintain the availability and performance of our hosting environment.
However, no website hosting provider can guarantee uninterrupted or error-free service. Website availability may occasionally be affected by scheduled maintenance, emergency maintenance, hardware or software failures, Internet connectivity issues, cyberattacks, third-party service interruptions, circumstances beyond our reasonable control, or other technical conditions.
PHD Consulting does not guarantee that hosting services will operate continuously or without interruption. When an issue involving our hosting environment occurs, our team will make reasonable efforts to restore normal service as quickly as practical.
6. Website Backups and Restoration
PHD Consulting may maintain backups of hosted websites as part of our managed hosting services. Backups are intended primarily for disaster recovery and operational purposes and should not be considered a permanent archival system.
While reasonable efforts are made to maintain usable backups, PHD Consulting does not guarantee that every backup will be available, complete, current, or capable of restoring all website data.
Customers are encouraged to maintain independent copies of any business-critical website content, files, databases, documents, images, or other information when appropriate.
Restoration requests resulting from Customer actions, third-party actions, malware, website modifications, deleted content, or circumstances unrelated to a failure of PHD Consulting's hosting environment may be subject to additional service fees.
7. Website Security
PHD Consulting takes reasonable measures to maintain the security of its managed hosting environment. These measures may include server security, software updates, backups, monitoring, access controls, and other security practices we determine appropriate.
However, no website, server, software application, or Internet-connected system can be guaranteed to be completely secure.
Customers are responsible for protecting passwords, administrator credentials, email credentials, and other account access information provided to them.
Customers must promptly notify PHD Consulting if they suspect unauthorized website access, compromised credentials, malware, hacking, or another security issue.
PHD Consulting reserves the right to temporarily restrict, suspend, quarantine, or disable a website when we reasonably believe it presents a security risk to our servers, other customers, visitors, or third parties.
8. Website Software, Updates and Maintenance
For websites covered by managed maintenance services, PHD Consulting may perform software updates, security updates, compatibility updates, performance adjustments, and other maintenance we determine reasonably necessary to maintain the website or hosting environment.
Some websites rely on third-party software, themes, plugins, applications, APIs, integrations, payment processors, or other external services. PHD Consulting does not control these third-party products and cannot guarantee their continued availability, compatibility, security, functionality, or pricing.
Additional work required because of changes to third-party software or services may be billed separately when the work falls outside the Customer's hosting or maintenance plan.
9. Customer Content and Responsibilities
The Customer is responsible for all content, products, information, images, files, software, and other materials placed on or transmitted through the Customer's website.
The Customer represents that they have the legal right to use and publish all content provided to PHD Consulting or placed on their website.
Customers may not use PHD Consulting's hosting services for unlawful, fraudulent, abusive, malicious, or unauthorized purposes.
The Customer is responsible for complying with laws and regulations applicable to their business, website, products, services, privacy practices, accessibility requirements, and collection or processing of customer information.
Unless specifically contracted to provide such services, PHD Consulting is not responsible for determining whether a Customer's website complies with laws or industry-specific regulatory requirements.
10. Acceptable Use
PHD Consulting hosting services may only be used for lawful business and website-related purposes.
Prohibited activities include, but are not limited to:
- Sending unsolicited bulk email or spam;
- Hosting or distributing malware, viruses, ransomware, malicious scripts, or other harmful software;
- Phishing, fraud, identity theft, or deceptive activity;
- Attempting to gain unauthorized access to servers, websites, accounts, networks, or computer systems;
- Copyright, trademark, intellectual property, or other rights violations;
- Hosting or distributing illegal material;
- Using hosting resources in a manner that creates unreasonable server, bandwidth, storage, security, or performance demands;
- Activities that threaten the security, stability, reputation, or operation of PHD Consulting's hosting environment;
- Reselling hosting services without written authorization from PHD Consulting; or
- Hosting adult-oriented websites featuring nudity or sexually explicit material.
PHD Consulting reserves the right to determine whether particular activity violates this Acceptable Use Policy and may suspend or terminate services when reasonably necessary to protect our hosting environment, our customers, or third parties.
11. Malware and Compromised Websites
If a hosted website becomes infected with malware, compromised, hacked, or otherwise presents a security risk, PHD Consulting may immediately take reasonable action to protect the hosting environment.
This may include temporarily disabling the website, restricting access, removing malicious files, restoring a backup, changing credentials, updating software, or taking other appropriate security measures.
Malware cleanup, website repair, security remediation, restoration, or development work required because of a compromised website may be subject to additional fees unless specifically included in the Customer's service plan.
If a website cannot reasonably be secured or continues to create a risk to our hosting environment, PHD Consulting reserves the right to discontinue hosting services.
12. Domain Names
At the Customer's request, PHD Consulting may register, renew, configure, or manage domain names on the Customer's behalf.
Domain registration and renewal fees are the responsibility of the Customer unless specifically included in another service agreement.
Domain names are subject to the policies, availability, pricing, and requirements of third-party domain registrars and governing organizations. PHD Consulting cannot guarantee the availability, renewal, transfer, or continued use of any particular domain name when circumstances are outside our control.
Customers are responsible for maintaining current account and contact information and paying applicable domain renewal fees when due.
13. Email and Third-Party Services
Website hosting does not automatically include business email, Microsoft 365, domain registration, premium software licenses, or other third-party services unless those services are specifically included in the Customer's plan.
Third-party services are governed by the terms, policies, availability, and technical requirements of their respective providers.
PHD Consulting is not responsible for outages, service changes, pricing changes, discontinued products, data loss, security incidents, or other issues caused by third-party providers outside our reasonable control.
14. Technical Support
Hosting-related support may be requested by telephone or email using the contact information provided by PHD Consulting.
Customers should provide sufficient information for our team to identify and investigate the issue.
PHD Consulting will make reasonable efforts to respond to hosting-related support requests within one (1) business day. Emergency or widespread hosting issues may be addressed sooner when practical.
Support involving website development, content changes, third-party applications, email configuration, Customer equipment, malware remediation, or services outside the Customer's hosting plan may be billed separately.
15. Cancellation and Termination
Requests to cancel website hosting services must be submitted to PHD Consulting in writing.
If the Customer cancels hosting services before completing the initial contract term specified in the Customer's proposal, service agreement, or hosting package, the Customer remains responsible for all hosting fees due through the end of that contracted term.
Once the Customer has fulfilled the initial contract term and hosting has transitioned to month-to-month service, the Customer may cancel hosting without entering into or being responsible for another long-term contractual commitment.
The Customer remains responsible for all charges incurred through the effective cancellation date and for any outstanding invoices, fees, or other amounts owed to PHD Consulting.
All outstanding balances must be paid before the Customer's account is considered closed and before final transfer assistance or release of website materials is completed, where applicable.
PHD Consulting may suspend or terminate hosting services for nonpayment, violation of this Agreement, illegal activity, security threats, abuse of hosting resources, or other material breach of these terms.
PHD Consulting also reserves the right to discontinue hosting services upon reasonable notice when continuing to host a particular website or Customer is no longer commercially, technically, or operationally practical.
16. Website Files Following Cancellation
Upon termination of hosting services and payment of all outstanding balances, PHD Consulting will reasonably cooperate with the Customer in providing a copy of Customer-owned website files and data that are available within our hosting environment.
The Customer is responsible for arranging replacement hosting and completing any migration within the timeframe provided by PHD Consulting.
PHD Consulting is not obligated to indefinitely retain website files, databases, backups, email, or other Customer data following termination of services.
Unless otherwise agreed in writing, PHD Consulting may permanently delete Customer website data and backups from its systems after a reasonable period following termination.
Third-party software, licenses, proprietary tools, hosting configurations, or services owned or licensed by PHD Consulting are not transferred unless otherwise agreed in writing.
17. No Warranties
PHD Consulting will use commercially reasonable efforts to provide dependable hosting services; however, hosting and related services are provided on an “as available” basis.
To the fullest extent permitted by applicable law, PHD Consulting makes no warranties, express or implied, regarding uninterrupted availability, error-free operation, fitness for a particular purpose, merchantability, or the performance of third-party systems or services.
PHD Consulting does not guarantee specific search engine rankings, website traffic, sales, leads, revenue, or placement within Google, Bing, AI-powered search platforms, or other third-party services as a result of hosting services.
18. Limitation of Liability
To the fullest extent permitted by applicable law, PHD Consulting will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to hosting services.
This includes, without limitation, loss of revenue, profits, business opportunities, website traffic, search rankings, data, email, business information, or the inability to access or operate a website.
To the fullest extent permitted by applicable law, PHD Consulting's total liability arising from hosting services will not exceed the amount paid by the Customer to PHD Consulting for the applicable hosting services during the twelve (12) months immediately preceding the event giving rise to the claim.
19. Indemnification
The Customer agrees to defend, indemnify, and hold harmless PHD Consulting, its owners, officers, employees, agents, and service providers from claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from the Customer's website content, products or services; violation of applicable law; infringement or alleged infringement of third-party intellectual property or other rights; misuse of PHD Consulting's services; or violation of this Agreement.
This provision survives termination of the hosting relationship to the extent permitted by applicable law.
20. Changes to Hosting Services and Terms
PHD Consulting may modify its hosting services, policies, pricing, or the terms of this Agreement as business, security, technology, legal, or operational requirements change.
PHD Consulting will provide at least thirty (30) days' notice of material changes to this Agreement or recurring hosting fees when reasonably applicable.
Continued use of hosting services after the effective date of an updated Agreement constitutes acceptance of the revised terms to the extent permitted by applicable law.
21. Entire Agreement and Severability
This Website Hosting Agreement, together with any applicable proposal, service agreement, hosting package, invoice, or other written agreement between PHD Consulting and the Customer, constitutes the agreement between the parties regarding the hosting services covered by those documents.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Failure by PHD Consulting to enforce any provision of this Agreement does not constitute a waiver of that provision or PHD Consulting's right to enforce it in the future.
22. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of Maine, without regard to conflict-of-law principles.
23. Contact Information
Questions regarding website hosting, billing, technical support, cancellation, or this Agreement may be directed to PHD Consulting using the current contact information published on our website.