1. Acceptable Use Policy

Client agrees not to use hosting or website services provided by the Service Provider to upload, publish, store, or transmit any of the following:

• Illegal content of any kind, or content that facilitates illegal activity
• Malware, viruses, spyware, or any code intended to disrupt, damage, or gain unauthorized access to systems
• Unsolicited bulk email ("spam"), or use of the site/server to send spam
• Content that infringes copyright, trademark, or other intellectual property rights
• Obscene, sexually explicit, or adult content, unless the site has been explicitly contracted and approved for such content
• Content that promotes hate speech, harassment, violence, or discrimination
• Phishing pages, fraudulent schemes, or content designed to deceive or defraud visitors
• Cryptocurrency mining scripts or any use that creates excessive, abnormal server/resource load
• Automated scraping, data harvesting, or unauthorized collection of third-party data

Violation of this policy may result in content removal, account suspension, or termination of services, at the Service Provider's discretion, as outlined in Section 8.

2. Administrative Access

If Client is granted administrative access to the WordPress dashboard, Client acknowledges that this access allows changes to plugins, themes, page builder settings, and core site structure. Any changes made directly by Client or Client's staff/contractors that result in errors, broken layouts, downtime, or lost content are made at Client's own risk and are not covered under standard hosting or maintenance included in this agreement.

3. Elementor Pro License

The website is built using Elementor Pro, a premium page-builder plugin licensed under the Service Provider's account. This license enables certain design features, templates, and functionality and remains the property of the Service Provider; it is not transferable to Client. If Client terminates services, changes hosting providers, or requests removal of the Service Provider's license from the site, some design elements or functionality built using Elementor Pro may cease to function correctly and may require a rebuild under a separately licensed account, quoted separately from this agreement.

4. Unauthorized Changes & Repair Fees

Client agrees not to install, update, remove, or modify plugins, themes, or core WordPress settings without prior notice to the Service Provider, as unapproved changes — including third-party plugin updates initiated by Client — can cause conflicts, downtime, or loss of functionality. Diagnosis and repair of issues resulting from such changes are billed at a flat rate of $75 per fix. If the scope of work required exceeds one (1) hour, Client will be notified and an adjusted fee will be assessed based on the time and complexity involved before work continues.

5. Account Security

Client is responsible for maintaining the confidentiality of any login credentials issued for administrative access. The Service Provider is not liable for unauthorized access, data loss, or damages resulting from compromised credentials, weak passwords, or credentials shared by Client with third parties. Client should notify the Service Provider immediately if credentials are lost, stolen, or suspected of being compromised.

6. Data & Legal Compliance

Client is solely responsible for ensuring their website content and business practices comply with applicable laws and regulations relevant to their industry and location, including but not limited to privacy laws (such as GDPR or CCPA, where applicable), accessibility requirements (such as the ADA), and industry-specific regulations. The Service Provider does not provide legal compliance guarantees and is not liable for Client's failure to comply with such laws. Client is encouraged to consult a qualified attorney regarding compliance obligations specific to their business.

7. Backups & Data Loss

The Service Provider performs routine backups as part of standard hosting; however, Client is encouraged to maintain their own independent backup of critical content. The Service Provider is not liable for data loss resulting from Client-side changes, third-party plugin conflicts, hosting outages beyond the Service Provider's reasonable control, or force majeure events.

8. Suspension & Termination

The Service Provider reserves the right to suspend or remove content, or suspend hosting/site access, if Client's site is found to violate the Acceptable Use Policy (Section 1). Where the violation does not pose immediate legal, security, or operational risk, the Service Provider will provide notice and a reasonable opportunity to correct the issue before suspension. Where content poses immediate legal, security, or operational risk (e.g., malware, illegal content, active abuse), the Service Provider may suspend access immediately without prior notice.

9. Copyright Complaints (DMCA)

If the Service Provider receives a valid copyright infringement notice regarding content hosted on Client's site, the Service Provider may remove or disable access to the disputed content and will notify Client. Client agrees to cooperate in good faith to resolve any such claims and acknowledges that repeated or unresolved infringement may result in suspension of services.

10. Indemnification

Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, or legal fees arising from content uploaded by Client, Client's violation of this policy, or Client's failure to comply with applicable laws.

11. Limitation of Liability

The Service Provider's total liability under this agreement is limited to the total fees paid by Client. The Service Provider is not liable for indirect, incidental, or consequential damages, including lost revenue, loss of business opportunity, or third-party platform/service changes.

12. Governing Law

This agreement is governed by the laws of the State of Texas. Any dispute arising under this agreement will be resolved through good-faith negotiation first, and if necessary, in the appropriate courts of the Service Provider's home county.