Website Hosting Terms | Acadia Marketing

1. Scope and Acceptance

These Website Hosting Terms ("Hosting Terms") govern the website hosting and related services that Acadia Marketing LLC, a Maine limited liability company ("Acadia Marketing LLC", "we", "us"), provides for websites we build, manage or host for our clients ("you"). They apply together with the applicable agreement between you and us, and with our Terms of Use, Privacy Policy, Acceptable Use Policy, and Disclaimers and Limitation of Liability. If these Hosting Terms conflict with the applicable agreement, the applicable agreement controls.

2. What Hosting Includes

Unless the applicable agreement states otherwise, hosting includes:

making your website files and content available on infrastructure operated by the hosting provider;
connecting your domain name to the website through DNS records managed by us or by the registrar;
secure connection certificates, where the hosting provider supports them;
email setup for the domain, where the applicable agreement includes it; and
publishing changes that you have approved.

Hosting does not include website design, new content, advertising management, text-message lead alerts or other services unless the applicable agreement says so. Those services are governed by their own terms.

3. Client Responsibilities

You are responsible for:

providing accurate business, billing and contact information and keeping it current;
keeping each access code confidential, as described in our Access Code and Authentication Policy, and telling us promptly if you suspect unauthorized access;
ensuring that content you provide is lawful and that you hold the rights to use it, as described in our Intellectual Property and Copyright terms;
paying fees on the agreed schedule, including fees charged by third parties for domain registration and renewal; and
complying with our Acceptable Use Policy.

4. Maintenance and Updates

We and the hosting provider may perform maintenance, security updates, software updates and configuration changes at any time. These activities can cause temporary interruptions or changes in how a website behaves. We use reasonable efforts to limit disruption but do not promise that none will occur. We may change the hosting provider, infrastructure or software used to host a website when we consider the change appropriate.

5. Backups

We or the hosting provider may keep copies of website files and data for recovery purposes. The scope, frequency and retention of those copies can vary and are not guaranteed. Backups are a recovery convenience, not an archive or a substitute for your own records. You should keep your own copies of your content, images and business records. We do not guarantee that any particular file or data can be restored.

6. No Uptime Guarantee

HOSTING IS PROVIDED ON AN AS-AVAILABLE BASIS. WE DO NOT GUARANTEE THAT ANY WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR AVAILABLE AT ANY PARTICULAR TIME.

Outages and slowdowns can result from the hosting provider, the registrar, network carriers, attacks, software defects and events outside our control. We do not promise any level of availability or performance, and we are not responsible for lost business or other loss caused by unavailability, as further described in our Disclaimers and Limitation of Liability.

7. Suspension

We may suspend or restrict hosting, in whole or in part, if:

fees are not paid on the agreed schedule;
a website or its content violates our Acceptable Use Policy or applicable law;
a website poses a security risk to our systems, the hosting provider or other users; or
we are required to do so by law or by the hosting provider.

Where practical, we will notify you by email before or promptly after suspension. We may restore hosting once the reason for suspension has been resolved to our satisfaction. Suspension does not relieve you of amounts owed. We may record access and activity as described in our Access Logging and Security Notice.

8. Migration Away

You may ask us to move your website or domain name to another provider. Requests are handled under our Website and Domain Transfer Terms. We will cooperate reasonably and will provide the website files and content that belong to you in a commonly used form. Some themes, tools, licenses and third-party components are not transferable and may need to be replaced. Domain transfers are subject to the rules of the registrar. Amounts due must be settled before a migration is completed. Where hosting remains relevant after a transfer, it continues under the existing agreements until those agreements end by their terms.

9. Termination and Its Effects

Hosting may be ended by either party as provided in the applicable agreement. When hosting ends:

we may take the website offline and remove it from the hosting provider's servers;
we may retain copies for a reasonable period for recovery and record-keeping, and then delete them;
we may keep records that the law requires us to keep;
access to email, forms and other features that depend on the hosted website may stop; and
fees already owed remain payable.

You should export and keep any content you need before hosting ends. Provisions that by their nature should continue after termination, including those on payment, disclaimers and limitation of liability, will continue.

10. Changes to These Terms

We may update these Hosting Terms by posting a revised version on the Sites. Continued use of hosting after a revised version is posted means you accept it. Notices are given as described in our Electronic Communications and Notices terms.

11. Governing Law and Contact

These Hosting Terms are governed by the laws of the State of Maine, and venue lies in Cumberland County, Maine, as described in our Governing Law and Dispute Resolution terms. Questions and notices may be sent to Acadia Marketing LLC, 218 Pond Road, Wilton, ME 04294, by email to info@acadiamarketingmaine.com, or by phone at (207) 716-9079.