Web Hosting Terms & Conditions

Last Revised: 4/7/2022
 
  1. Overview The Universal Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Hosting Service Agreement this (“Service Agreement”) governs your use of 620 Studio LLC’s Hosting services “Hosting Services”). Capitalized terms used in this Service Agreement, but not defined are defined in the Agreement.
  1. DESCRIPTION OF SERVICES
    1. Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
    2. Hosting Backup: Hosting backup and restore services saves all your website files to a separate server hard drive once per day. These backup and restore services are available with website hosting plans. For hosting backup services available as part of a Hosting subscription plan, those services will be canceled if the Hosting subscription plan is canceled.

What this means:

  1. Currently, we manage one dedicated server shared with other 620 Studio clients, but may expand to multiple servers in the future.
  2. Our server does backups every evening to a secondary drive. We are able to recover any lost data from the previous day.
  1. ACCOUNT TERMINATION; LIMITATIONS
    1. Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
    2. Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not automatically transfer or FTP your website or server content to another provider unless previously agreed upon including any financial obligations. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
    3. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for 620 Studio LLC hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that 620 Studio LLC does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).

What this means:

  1. Though it doesn’t happen often, we may transition from one server to another to upgrade the server benefits including speed, account storage, internet bandwidth, etc. During this time there will be down-time but you will be given notice well in advance.
  2. If you decide to discontinue your hosting plan with us, it is your responsibility to move your site. We will assist with this if you have an active Annual Support Plan. Otherwise, it will require a fee.
  3. If you are using any stock photography under the 620 Studio LLC license, if you decide to move your website away from our server, it will be your responsibility to purchase the usage license for each image you are using.

 

  1. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
    1. Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, 620 Studio LLC, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that 620 Studio LLC reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, it may be removed in 620 Studio LLC’s discretion for security purposes.
    2. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
    3. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services. If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.

What this means:

  1. Please don’t user our servers for spam or illegal purposes.
  2. Make sure you make backups of your website on your own. We do nightly backups and take extra precautions to avoid hard drive failures. Make sure you’re protected as well.
  3. You’re solely responsible for managing your content on your site. A web hosting service doesn’t not include any development time from us. If you need assistance, you can purchase an Annual Support Plan or we can help you at our hourly rate.

 

  1. PROVISIONS SPECIFIC TO WEB HOSTING
    1. Storage and Plan Limits. 620 Studio LLC provides the following hosting plans including the specifications therein. If during the course of the subscribed year your plan exceeds usage for hard drive space or bandwidth, 620 Studio LLC will upgrade your account to the next level to avoid any account down-time. Your next invoice will charge at the new plan rate.

What this means:

  1. See our web hosting plans. If you happen to exceed any specs under your current plan. We will upgrade you to the next conducive plan and your next invoice will reflect the new plan.

Starter

$150/yr

1gb space

20gb bandwidth

2 FTP accounts

1 database

3 subdomains

unlimited parked domains

Small Business

$175/yr

10gb space

50gb bandwidth

2 FTP accounts

1 database

5 subdomains

unlimited parked domains

3 addon domains

Large Business

$200/yr

20gb space

200gb bandwidth

5 FTP accounts

3 databases

25 subdomains

unlimited parked domains

10 add-on domains

High Bandwidth

$225/yr

30gb space

400gb bandwidth

2 FTP accounts

2 databases

25 subdomains

unlimited parked domains

3 add-on domains

Enterprise

$275/yr

50gb space

400gb bandwidth

5 FTP accounts

10 databases

unlimited subdomains

unlimited parked domains

15 add-on domains

  1. Continued…
    1. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (3) commercial audio streaming (more than one or two streams); (4) push button mail scripts that allow the user to specify recipient email addresses; (5) anonymous or bulk SMS gateways; (6) backups of content from another computer or website; (7) Bittorrent trackers; or (8) any script that causes a degradation in the performance of our server or network environment.
    2. Disk Space/Bandwidth/Website Plans. Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer a high-bandwidth plan. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required use of a VPS or Dedicated Server, with which your hosting services will need to migrate to another server.
    3. Secure Socket Layer (SSL) Certificate. An active hosting account on the 620 Studio LLC’s service allows you access to a free, self-generating, SHA256 SSL certificate for each registered domain and subdomain provided by Let’s Encrypt. This free SSL certificate does not include any financial warranties and is not recommended for eCommerce website, or any website that accepts payments. A warrantied SSL certificate is recommended and must be purchased and installed separately from the web hosting plan. Additional costs for the SSL certificate is the responsibility of the account holder.

What this means:

  1. Verify your content doesn’t include any scripts with malicious intent, insecure file uploading, using our server as a streaming server, backing up of content from another server, or any scripts that will cause the server as a whole become slow or unresponsive
  2. Verify which plan you need based on the disk space and/or bandwidth needed on the server. If you exceed your limits, we will automatically upgrade your plan.
  3. You’re given free SSL certificates, but the free versions aren’t as financially safe as a paid version with a warranty. If you have an eCommerce site, you’ll want to pay for a warrantied SSL certificate.
  1. PROVISIONS SPECIFIC TO SUPPORT PLANS
    1. Hosting Premium Support/Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our support services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Support services fees are non-refundable.
    2. Hosting Migrations. If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host. You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration.We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own hosting environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.

What this means:

  1. We provide website hosting on our server with Control Panel access which allows you to make file back-ups, DNS updates, access to the database, etc. If you require assistance from us, we will charge at our hourly rate.
  2. If you are moving an existing website from another server to ours, we can assist with this. It’s at our discretion if this will include a fee or as a courtesy. Depending on the nature of the migration, we may need to install a plugin on your website to assist with this.
  1. SERVICE UPTIME We pride ourselves with consistent and reliable 99.9% service uptime each month. If we fail to maintain this level of service in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. This service uptime does not apply to required service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

What this means:

  1. We do everything within our power to keep your website up and running. Our company website is on our server as well so it’s in everyone’s best interest. There are a few times there may be downtime: 1) during server maintenance, 2) custom scripts on your specific website install, 3) severe/extreme weather causing power loss, etc.
  1. THIRD PARTY SOFTWARE
    1. Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
    2. Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.620 Studio LLC makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.You will indemnify, defend, and hold harmless 620 Studio LLC from and against any and all claims imposed upon or incurred by 620 Studio LLC directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.The Hosting Services must be operated in a Linux® environment.“Personal Data” means any information relating to an identified or identifiable natural person or, to the extent applicable under Applicable Laws, a household; an identifiable person is one who can be defined, directly or indirectly, notably but not limited to by reference to a user identification or unique identifier, such as name, identification number, precise geo-location data, online user identification, or by reference to one or more factors specific to physical, physiological, genetic, economic, cultural, or social identity.

What this means:

  1. Our server is meant for website hosting but additional Linux-based software can be installed. Any software licenses is your responsibility.
  2. Our server uses software to run and is under the license of the server and/or 620 Studio LLC. You’re unable to use any server software as your own. That would be considered theft.

“Personal Data” does not include aggregated, anonymous, or de-identified data, such as Usage Data. “Usage Data” as used herein means any and all information reflecting the access or use of the Hosting Services by or on your behalf, including, but not limited to visit-, session-, steam-data and statistical or other analysis, information or data based on or derived from any of the foregoing. You acknowledge and agree that you have no rights to Usage Data. , as such terms are defined by Applicable Laws.Any use of any Hosting Services involving 620 Studio LLC’s Dedicated Servers running on the DED4 Platform that involves You storing specially protected data is subject to the following additional terms:

  • You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
  • You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
  • You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; and
  • You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.