WEB HOSTING TERMS OF SERVICE

Future Cloud Design LLC

Last Updated: December 2024

1. ACCEPTANCE OF TERMS

By paying an invoice for web hosting services from Future Cloud Design LLC (“FCD,” “we,” “us,” or “our”), you (“Client” or “you”) agree to be bound by these Web Hosting Terms of Service (“Terms”). Payment of any hosting invoice constitutes your acceptance of these Terms in their entirety.

These Terms govern exclusively the provision of web hosting services and are separate from any other agreements for design, development, or other services that may exist between FCD and Client.

FCD reserves the right to modify these Terms at any time. Clients will be notified of material changes via email. Continued use of hosting services or payment of subsequent invoices after such notification constitutes acceptance of the modified Terms.

2. HOSTING SERVICES

2.1 Hosting Infrastructure

FCD provides managed web hosting services through our infrastructure partner, SiteGround. FCD acts as the sole intermediary between the Client and SiteGround. Clients do not have direct access to SiteGround accounts, support, or services. All hosting-related requests must be directed to FCD.

2.2 Resource Allocation

Each Client’s standard hosting plan includes:

  • Storage Space: 5 GB of disk space
  • Monthly Traffic: Up to 14,000 visits per month
  • Email Service: Up to 800 emails per hour

 

If Client’s website exceeds these resource limits, an upgrade to a higher-tier plan will be required. Upgrades will be discussed and mutually agreed upon, with adjusted pricing as applicable.

2.3 Included Tools and Licenses

FCD maintains agency-level subscriptions for professional tools including Elementor Pro, Advanced Custom Fields Pro, and other premium plugins. These tools are provided at no additional cost as part of active hosting subscriptions. Client’s right to use these licensed tools is dependent on maintaining an active hosting subscription with FCD.

2.4 Uptime and Availability

FCD strives to maintain maximum uptime for hosted websites. However, FCD does not guarantee uninterrupted service and is not liable for downtime caused by factors beyond our control, including but not limited to: infrastructure provider outages, scheduled maintenance, force majeure events, or issues resulting from Client actions.

FCD strives to maintain maximum uptime for hosted websites. However, FCD does not guarantee uninterrupted service and is not liable for downtime caused by factors beyond our control, including but not limited to: infrastructure provider outages, scheduled maintenance, force majeure events, or issues resulting from Client actions.

3. ACCEPTABLE USE POLICY

Client agrees to use FCD’s hosting services in compliance with all applicable laws and regulations. The following content and activities are strictly prohibited: Adult, obscene, or pornographic content Content that promotes hatred, violence, or discrimination Copyrighted material without proper authorization Malicious code, viruses, malware, or any harmful software Spam, unsolicited commercial emails, or bulk communications Fraudulent, deceptive, or misleading content Content that harasses, threatens, or incites harm toward others Any content or activity that violates local, state, federal, or international law HIPAA Compliance Notice: FCD’s hosting services are NOT HIPAA compliant. Clients in healthcare or related industries requiring HIPAA compliance must seek alternative hosting solutions for protected health information (PHI). Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without refund.

4. PAYMENT TERMS

4.1 Billing Cycle

Hosting services are billed annually in advance. There is no setup fee for standard hosting plans. Payment is due upon invoice and must be received before the start of each billing cycle.

4.2 Late Payment and Service Suspension

In the event of non-payment, FCD reserves the right to suspend hosting services and take the Client’s website offline until all outstanding balances are paid in full. FCD is not liable for any damages, losses, or consequences resulting from service suspension due to non-payment.

5. BACKUPS AND DATA

5.1 Backup Services

FCD maintains backups through two methods: (1) automatic backups through our hosting infrastructure partner, and (2) manual backups stored on FCD’s physical drives. These backups are maintained for disaster recovery and service continuity purposes.

5.2 Data Loss Responsibility

FCD accepts responsibility for data loss resulting from our backup systems or hosting infrastructure failures. However, FCD’s total liability for data loss is limited as specified in Section 8 of these Terms.

6. SUPPORT

FCD provides technical support for hosting-related issues. Support requests should be communicated as follows:

  • Non-Urgent Requests: Via email
  • Urgent Requests: Via SMS text message

 

Scope of Hosting Support: Support includes server and hosting configuration issues, DNS management, SSL certificate management, and security plugin configuration related to the hosting environment.

Outside Scope: Custom code errors, conflicts between third-party plugins or themes, website-specific functionality issues, and issues resulting from Client modifications are outside the scope of hosting support. Such requests may be addressed under a separate service agreement.

7. TERMINATION

7.1 Client-Initiated Termination

Client may terminate hosting services at any time by providing written notice to FCD. Upon termination:

  • No refunds will be provided for any unused portion of the billing period
  • Website backups will be retained for a maximum of 90 days following termination
  • Backup files will be delivered to Client electronically upon request

7.2 Physical Backup Delivery

Upon written request, Client may receive physical backups of WordPress site content and databases on a storage drive. Physical backups are subject to:

  • Cost of hardware (storage drive) at current market rates
  • A $150 processing fee
  • All outstanding invoices and fees must be paid in full before physical backups are provided

7.3 FCD-Initiated Termination

FCD reserves the right to terminate hosting services immediately and without refund if Client violates these Terms, including but not limited to violations of the Acceptable Use Policy, non-payment, or any illegal activity.

8. LIMITATION OF LIABILITY

8.1 Maximum Liability

FCD’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO HOSTING SERVICES PROVIDED UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO FCD FOR HOSTING SERVICES DURING THE ONE (1) MONTH PRECEDING THE CLAIM.

8.2 Exclusion of Damages

FCD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: Lost profits or revenue Lost data (beyond the liability limits stated herein) Business interruption or downtime Loss of goodwill or reputation Any other indirect or incidental damages This limitation applies regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or any other basis.

8.3 Third-Party Services

FCD is not responsible for the actions, omissions, or failures of third-party services, tools, platforms, or providers, including but not limited to hosting infrastructure partners, domain registrars, or plugin/theme developers.

9. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless FCD, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: Content hosted on Client’s website Client’s use of hosting services in violation of these Terms Actions taken by Client or third parties through Client’s hosting account Client’s violation of any applicable laws or regulations Any claim by a third party related to Client’s website content or activities

10. CONFIDENTIALITY

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the hosting relationship. This includes, but is not limited to, login credentials, website data, and account information. This obligation survives termination of these Terms.

11. GENERAL PROVISIONS

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Denver County, Colorado.

11.2 Entire Agreement

These Terms constitute the entire agreement between FCD and Client regarding web hosting services and supersede all prior agreements, understandings, and communications related to hosting, whether written or oral. These Terms do not supersede or modify any separate agreements for design, development, or other services.

11.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

11.4 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.5 Assignment

Client may not assign or transfer these Terms without the prior written consent of FCD. FCD may assign these Terms to any successor in interest or affiliate without Client consent.

12. CONTACT INFORMATION

For questions regarding these Terms or to request support, please contact:


Future Cloud Design LLC
1375 S Newton St
Denver, CO 80219

By paying your hosting invoice, you acknowledge that you have read, understood, and agree to these Terms of Service.