This agreement applies to all clients receiving website hosting, business email, and/or administrative access to their website through EP Portfolio LLC ("Service Provider"), whether the site is built on WordPress, Shopify, a custom framework, or another platform. By checking the acceptance box below, Client agrees to the terms in full.
1. Services Covered
Hosting service includes, as applicable to Client's plan:
- Hosting of Client's website on servers managed by the Service Provider
- An SSL certificate so the site loads securely over https
- Business email accounts, where included in Client's plan
- Routine automated backups (see Section 13)
- Routine software and security updates to the hosting environment and, for WordPress sites, core, theme, and plugin updates applied by the Service Provider
- Basic security monitoring
Design changes, new pages, content updates, marketing, and other work outside the items above are not part of the hosting service and are quoted separately.
2. Fees & Annual Billing
Hosting is billed annually, in advance, at a rate of $19 per month ($228 per year) unless a different rate is stated in Client's written quote or invoice. Each hosting year begins on the date the site launches or the date hosting starts, whichever comes first (the "Renewal Date" each year after). Payment is accepted by the methods listed on the invoice. The Service Provider will give at least thirty (30) days' notice before any price change, and a new price takes effect only at the next Renewal Date.
3. First Year Free With a New Website
When Client purchases a new website build from the Service Provider, the first year of hosting is included at no charge, starting on the site's launch date. Annual billing at the standard rate begins on the first Renewal Date. The free year applies only to the website built in that project, has no cash value, cannot be transferred or exchanged, and does not apply if the website project is cancelled before launch.
4. Renewal, Late Payment & Suspension
Hosting renews automatically each year on the Renewal Date. The Service Provider will send the renewal invoice before the Renewal Date, and payment is due on the Renewal Date. If payment is not received within fourteen (14) days after the Renewal Date, the Service Provider will notify Client and may suspend the website and email services until the balance is paid. A suspended account is treated as closed for purposes of Section 6.
5. Cancellation
Either party may cancel hosting with at least thirty (30) days' written notice (email is sufficient). Cancellation takes effect at the end of the current paid hosting year, and services continue until then. Annual fees already paid are not refunded for unused months. To avoid being billed for the next year, Client must give notice at least thirty (30) days before the Renewal Date.
6. Data Retention, Restoration & Deletion
After hosting is closed — whether by cancellation, non-payment, or termination — the Service Provider keeps a copy of Client's website files, database, and email data on file for up to ninety (90) days:
- Within the first thirty (30) days after closing, Client may restore the account by paying any balance due, with no restore fee
- From day thirty-one (31) through day ninety (90), restoring the account requires payment of any balance due plus a one-time restore fee of $75
- After ninety (90) days, all of Client's data is permanently deleted and cannot be recovered. Returning after that point requires setting up a new hosting account, and any website that must be rebuilt is quoted as new work
Client is responsible for requesting a copy of any data they wish to keep before the end of the retention period.
7. Ownership, Domains & Moving Your Site
Client owns the content of their website, including their text, images, logos, and other materials Client provided or paid the Service Provider to create, subject to Section 10 (Licensed Software & Third-Party Services). Domain names are registered in Client's name whenever possible and remain Client's property; domain registration and renewal fees are separate from hosting unless stated otherwise in writing. On request while the account is active or within the retention period in Section 6, the Service Provider will provide a downloadable copy of Client's website files and database. Moving the site to another hosting provider on Client's behalf is a separate service and is quoted before work begins.
8. 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, or business email 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 16.
9. Administrative Access
If Client is granted administrative access to their website's dashboard or hosting account, Client acknowledges that this access allows changes to plugins, apps, themes, page builder settings, code, 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 by the hosting service.
10. Licensed Software & Third-Party Services
Some websites use premium software licensed under the Service Provider's accounts, such as Elementor Pro, premium plugins or apps, fonts, and stock images. These licenses remain the property of the Service Provider and are not transferable to Client. If Client cancels services, changes hosting providers, or requests removal of the Service Provider's licenses, some design elements or functionality may stop working correctly and may require replacement licenses purchased by Client or a rebuild, quoted separately. The website may also rely on third-party services (for example payment processors, email platforms, or Shopify); the Service Provider is not responsible for changes, outages, or fees imposed by those third parties.
11. Unauthorized Changes & Repair Fees
Client agrees not to install, update, remove, or modify plugins, apps, themes, code, or core settings without prior notice to the Service Provider, as unapproved changes — including third-party 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.
12. Account Security
Client is responsible for maintaining the confidentiality of any login credentials issued for administrative or email 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. The Service Provider takes reasonable security measures but cannot guarantee a site will never be compromised. Cleanup of malware or hacks resulting from Client's credentials, changes, or Client-installed software is billed under Section 11.
13. Backups & Data Loss
The Service Provider performs routine automated backups as part of the hosting service; however, Client is encouraged to keep their own independent backup of critical content. The Service Provider is not liable for data loss resulting from Client-side changes, third-party plugin or app conflicts, hosting outages beyond the Service Provider's reasonable control, or events described in Section 21.
14. Uptime, Maintenance & Support
The Service Provider uses commercially reasonable efforts to keep Client's website and email available, but does not guarantee uninterrupted or error-free service. Scheduled maintenance is performed at low-traffic times where possible. Support requests are accepted by email or phone during normal business hours (Monday through Friday, Central Time), and the Service Provider aims to respond within one (1) business day.
15. 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.
16. Suspension for Policy Violations
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 8). 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.
17. 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.
18. 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 agreement, or Client's failure to comply with applicable laws.
19. No Warranties
Except as expressly stated in this agreement, hosting and related services are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
20. Limitation of Liability
The Service Provider's total liability under this agreement is limited to the hosting fees paid by Client in the twelve (12) months before the claim. 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.
21. Events Beyond Reasonable Control
Neither party is responsible for delays or failures caused by events beyond its reasonable control, including natural disasters, power or internet outages, failures of upstream hosting or data-center providers, cyberattacks, government action, or labor disputes.
22. Changes to This Agreement
The Service Provider may update this agreement from time to time. Client will be notified by email at least thirty (30) days before material changes take effect. Continued use of the services after that date means Client accepts the updated agreement. Each version of this agreement is identified by the version code shown at the bottom of the page.
23. 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 state courts located in Dallas County, Texas.
24. Electronic Acceptance & General Terms
Checking the acceptance box and submitting this form is Client's electronic signature and has the same effect as a handwritten signature. This agreement, together with any written quote or invoice for Client's services, is the entire agreement between the parties regarding hosting and administrative access. If any part of this agreement is found unenforceable, the rest remains in effect. Notices may be sent by email to the addresses on file for each party.