WEB HOSTING AGREEMENT
Effective Date: February 21, 2025
By clicking “I Agree and Continue,” You agree to be bound by all of the terms and conditions of this Web Hosting Agreement with Kre8ivTech, LLC. This Web Hosting Agreement (the “Agreement”) is entered into by and between Kre8ivHosting, a division of Kre8ivTech, LLC, located at 2186 Jackson Keller Rd Ste 2005, San Antonio, Texas 78213 (“Provider”), and the individual or entity (“Client”) utilizing the Provider’s hosting services.
1. SERVICES PROVIDED
1.1 Scope of Hosting Services
Provider shall provide the Client with web hosting services, which may include:
- Managed Hosting: AWS EC2-based hosting with WHM/cPanel and Imunify360 security.
- VPS Hosting: Virtual private server hosting on 20i.
- WordPress Hosting: Optimized WordPress hosting through 20i.
The Provider is responsible for maintaining the hosting environment, ensuring uptime, and providing security protections, but does not warrant against all cybersecurity risks.
1.2 Third-Party Infrastructure
The Provider utilizes third-party services, including:
- Amazon Web Services (AWS) EC2 (subject to AWS Service Terms)
- WHM/cPanel (subject to cPanel Legal Agreements)
- Imunify360 Security Suite (Terms of Use)
- 20i VPS and WordPress Hosting (Legal Agreements)
The Client acknowledges that the Provider is not responsible for outages, interruptions, or limitations caused by these third-party vendors.
2. CLIENT RESPONSIBILITIES
2.1 Website Content & Compliance
The Client is responsible for all content hosted on their website, including:
- Ensuring content does not violate copyright, trademark, or other intellectual property laws.
- Compliance with all applicable laws and regulations.
- Not using the hosting service for illegal, abusive, or unethical activities.
2.2 Security & Backups
- The Client is responsible for maintaining backups of their data. The Provider performs routine backups but does not guarantee the availability of any backup.
- The Client must keep login credentials secure and notify the Provider immediately of any unauthorized access.
2.3 Prohibited Uses
The Client agrees not to:
- Engage in spam or bulk emailing.
- Host malicious scripts or participate in hacking activities.
- Store or transmit illegal, defamatory, or obscene content.
- Violate AWS, WHM/cPanel, Imunify360, or 20i’s terms of service.
3. SERVICE LEVEL AGREEMENT (SLA) & SUPPORT
3.1 Uptime Guarantee
The Provider guarantees 99.9% uptime monthly. If uptime falls below this threshold (excluding scheduled maintenance and force majeure events), the Client may receive:
- 99.8%-99.5% uptime: 5% credit of monthly fee.
- 99.4%-98.0% uptime: 10% credit.
- Below 98.0% uptime: 20% credit.
3.2 Support Services
- Standard support is available via email and ticketing system during business hours.
- Emergency support for critical issues is available 24/7.
- Support excludes third-party software, custom website coding, and content management.
4. FEES & PAYMENT TERMS
4.1 Billing & Invoicing
- Hosting fees are billed monthly in advance.
- Payments are due within 7 days of the invoice date.
- Late payments may result in suspension or termination of services.
4.2 Refunds & Termination Fees
- Monthly Plans: No refunds after payment.
- Annual Plans: Pro-rated refunds available for cancellations within 30 days.
- Early Termination: A fee of one month’s hosting fee applies if the Client cancels before the contract term ends.
5. DATA PRIVACY & SECURITY
5.1 Confidentiality
Both parties agree to maintain the confidentiality of proprietary or sensitive information.
5.2 Data Protection & Liability
- The Provider employs Imunify360 for malware protection and server security.
- However, the Provider is not responsible for data loss, security breaches, or cyber-attacks.
- Clients handling Protected Health Information (PHI) under HIPAA must notify the Provider and may require a Business Associate Agreement (BAA).
6. SUSPENSION & TERMINATION
6.1 Provider’s Right to Suspend or Terminate
The Provider may suspend or terminate services immediately if the Client:
- Fails to make timely payments.
- Violates acceptable use policies or third-party terms (AWS, cPanel, 20i).
- Engages in unlawful or abusive activities.
6.2 Client Termination
The Client may cancel services by providing 30 days’ notice via email.
7. LIMITATIONS OF LIABILITY
- The Provider’s total liability is limited to the amount paid by the Client in the last two months.
- The Provider is not responsible for:
- Loss of business, profits, or data due to downtime.
- Third-party failures (AWS, cPanel, Imunify360, 20i).
- Security breaches beyond its control.
8. INDEMNIFICATION
The Client agrees to indemnify and hold the Provider harmless from any claims, damages, or legal actions arising from:
- Violations of copyright, trademark, or content-related disputes.
- Illegal or unauthorized use of the hosting services.
- Third-party claims related to Client’s content or website activities.
9. GENERAL PROVISIONS
9.1 Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of Texas.
9.2 Force Majeure
Neither party shall be liable for failures due to natural disasters, cyberattacks, strikes, or third-party provider outages.
9.3 Entire Agreement
This Agreement represents the full understanding between the parties and supersedes any prior agreements.
