Terms & Conditions: WordPress Hosting

Effective Date: January 3, 2023

These Hosting Terms apply to any hosting services purchased from MacMillan Design. Hosting package details, included features, support levels, and applicable service limits are determined by the specific hosting option selected by the client at the time of signing.

By selecting or purchasing a Hosting option from MacMillan Design, the client agrees to these Hosting Terms.

1. Hosting Services

MacMillan Design provides managed WordPress hosting as a hosted service solution for client websites. Hosting services are designed to provide website availability, performance, security, and support based on the package selected by the client.

Specific hosting allowances, included features, service levels, and support inclusions are defined by the hosting option selected in the applicable proposal, invoice, renewal, or service agreement.

2. Scope of Basic Hosting

Unless otherwise stated in writing, basic hosting includes managed WordPress hosting infrastructure, content delivery optimization, core software updates, platform-level security protections, uptime coverage, and hosting-related technical support.

Basic hosting does not include content edits, design services, custom development, plugin setup, theme customization, SEO work, copywriting, marketing services, or general website administration unless specifically included in the selected package or approved separately in writing.

3. Selected Package Controls

The selected hosting package determines the applicable service level, included support, maintenance scope, and any usage thresholds tied to the client’s service.

If the client upgrades, downgrades, renews, or otherwise changes hosting services, the terms of the newly selected package will apply as of the effective date of that change.

4. Term and Renewal

Hosting services are provided for the billing term stated in the applicable proposal, invoice, renewal, or service agreement. Unless otherwise stated, hosting fees are billed in advance.

If the client wishes to cancel hosting at renewal, written notice must be provided before the renewal invoice due date. Failure to provide notice may result in renewal of the hosting service for the next billing term.

5. Payment

Hosting fees must be paid on time to maintain uninterrupted service.

MacMillan Design reserves the right to suspend or terminate hosting services for nonpayment. Restoration of service after suspension may require payment of all past due amounts and any applicable reactivation fees.

6. Acceptable Use

The client may not use hosting services for unlawful, infringing, abusive, deceptive, or malicious activity. Prohibited uses include, without limitation:

• distributing malware or malicious code,

• sending spam or abusive automated communications,

• hosting illegal or infringing content,

• attempting unauthorized access to systems or data,

• engaging in activity that threatens platform stability, security, or availability.

MacMillan Design reserves the right to suspend or terminate hosting services immediately if a client website, account, or related activity creates a legal risk, security risk, operational burden, or threat to the hosting environment.

7. Client Responsibility

The client remains solely responsible for all website content, data, media, user submissions, plugin selections, third-party tools, business activity, and legal compliance associated with the hosted website.

The client is responsible for ensuring that its website complies with all applicable laws, regulations, licensing requirements, privacy obligations, and intellectual property rights.

MacMillan Design does not review or guarantee the legality, accuracy, or compliance of client-provided content.

8. Third-Party Software and Plugins

WordPress websites may rely on third-party plugins, themes, integrations, and external services. MacMillan Design is not responsible for failures, vulnerabilities, incompatibilities, licensing issues, service interruptions, or abandoned software caused by third-party products or providers.

If a selected package includes plugin-related support, maintenance, sourcing, or setup, MacMillan Design will make commercially reasonable efforts to provide those services within the scope of that package. Compatibility and uninterrupted operation of third-party software cannot be guaranteed.

Any third-party software, premium plugin, or licensing cost is the responsibility of the client unless expressly stated otherwise in writing.

9. Performance and Scalability

Hosting services are provided according to the package selected by the client. The selected package may include specific usage thresholds or service allowances, as described at the time of signing.

MacMillan Design may recommend a plan upgrade or service adjustment if website traffic, resource usage, storage demands, bandwidth needs, or technical requirements materially exceed the selected package.

Where the hosting environment allows, MacMillan Design may scale resources or make hosting adjustments to support traffic spikes, concurrent usage, or other operational demands. Increased usage may require an upgraded plan, revised pricing, or additional service charges.

10. Uptime and Availability

MacMillan Design will make commercially reasonable efforts to maintain a stable and available hosting environment.

Any uptime target associated with a selected hosting package is subject to scheduled maintenance, emergency maintenance, internet outages, force majeure events, denial-of-service attacks, third-party failures, client-side issues, and other circumstances outside MacMillan Design’s reasonable control.

MacMillan Design does not guarantee uninterrupted or error-free service at all times.

11. Security

MacMillan Design provides managed hosting with security measures appropriate to the selected package. These may include platform-level monitoring, firewall protections, threat mitigation, update management, and restoration support where applicable.

No hosting environment can guarantee absolute security. MacMillan Design does not warrant that a hosted website will be free from vulnerabilities, intrusions, malware, credential misuse, denial-of-service attacks, or other security events.

The client is responsible for maintaining secure passwords, user access controls, and internal access practices for anyone with access to the website.

12. Backups and Recovery

MacMillan Design may provide backup, restoration, or recovery support depending on the selected package or hosting environment.

Unless expressly stated otherwise in writing, the client remains responsible for maintaining independent copies of critical website content and business data.

MacMillan Design is not liable for lost content, corrupted files, database damage, plugin conflicts, failed updates, malicious deletion, or data loss beyond the recovery obligations specifically included in the selected package.

13. Support Scope

Support is limited to the hosting services and package inclusions selected by the client.

Unless expressly included in the selected package, hosting support does not include:

• graphic design work,

• branding or visual redesign,

• copywriting,

• SEO strategy or implementation,

• custom development,

• extensive content entry,

• third-party vendor coordination,

• consulting outside hosting scope,

• emergency work outside the selected package.

If the selected package includes maintenance services, developer support, discounted support time, or priority support, those services are limited to the scope described in that package.

Unused support time does not roll over unless expressly stated otherwise in writing.

14. Priority Support

Some hosting packages may include priority support. Priority support means requests receive elevated handling relative to standard requests. It does not guarantee immediate response, same-day completion, or continuous staff availability.

If a selected package includes discounted developer support time, that support applies only within the service term and scope of the selected package.

15. Client Cooperation

The client agrees to provide timely access, credentials, approvals, domain settings, DNS cooperation, and any other information reasonably necessary for MacMillan Design to provide hosting services.

MacMillan Design is not responsible for delays, interruptions, or failures caused by the client’s failure to provide access, approvals, or required information.

16. Migrations and Launches

If migration or launch assistance is included in the selected package, the client must provide timely access to the existing website, hosting account, registrar, domain, DNS, and related systems as needed.

Migration or launch timelines are estimates only. MacMillan Design is not responsible for delays, downtime, data discrepancies, or configuration issues caused by prior providers, unsupported software, incomplete access, registrar issues, or undocumented systems.

17. Suspension and Termination

MacMillan Design may suspend or terminate hosting services for any of the following:

• nonpayment,

• breach of these Terms,

• unlawful use,

• abusive conduct,

• security threats,

• excessive or destabilizing resource use,

• refusal to cooperate in resolving a material hosting issue.

Upon suspension or termination, MacMillan Design may disable hosting access, remove the website from its managed environment, and cease related support services.

18. Offboarding and Transfer

Upon cancellation or termination of hosting services, MacMillan Design may provide a reasonable opportunity for the client to migrate the website elsewhere, subject to payment of all outstanding balances.

Migration away from MacMillan Design is not included unless separately stated in writing. Offboarding assistance, manual transfer work, export assistance, or coordination with a new provider may require a separate paid service.

MacMillan Design is not responsible for issues that occur after the website leaves its managed hosting environment.

19. Limitation of Liability

To the fullest extent permitted by law, MacMillan Design will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, or loss of opportunity arising from or related to hosting services.

MacMillan Design’s total liability arising out of or relating to hosting services will not exceed the amount paid by the client for the applicable hosting service during the twelve months immediately preceding the event giving rise to the claim.

20. No Warranty

Hosting services are provided on an “as is” and “as available” basis, except as otherwise expressly stated in writing.

MacMillan Design disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

21. Indemnification

The client agrees to defend, indemnify, and hold harmless MacMillan Design from and against any claims, damages, liabilities, losses, costs, and expenses arising out of or related to:

• the client’s website content,

• the client’s business activities,

• misuse of hosting services,

• violation of law,

• infringement claims,

• third-party software or data used by the client,

• breach of these Terms.

22. Changes to These Terms

MacMillan Design may update these Hosting Terms from time to time. Updated terms become effective upon posting to the Hosting Terms page unless otherwise stated.

Continued use of hosting services after an update constitutes acceptance of the revised Terms.

23. Governing Agreement

These Hosting Terms are incorporated into any signed proposal, invoice, renewal, estimate, or service agreement for hosting services.

If there is a direct conflict between these Hosting Terms and a separately signed written agreement, the signed written agreement will control to the extent of that conflict.

24. Contact

Questions regarding hosting services or these Hosting Terms may be directed through the contact information listed on MacMillan Design’s website.

Selection of any Hosting option in a MacMillan Design proposal or service agreement constitutes acceptance of these Hosting Terms.