Hosting Terms

Terms of Service: Web Hosting



The Short Version

We understand that a legal “Terms of Service Agreement” can be long and detailed, so here are the core points every client should know. Complete details are provided in the full policy below.

  • Service Scope: BoydTech Design LLC provides web hosting, cloud server management, and website maintenance tailored to your site’s needs as outlined in your proposal or active invoice.
  • Acceptable Use: Hosting services must be used for legal online activities only. Accounts engaging in illegal activities, spam, or malicious software distribution will be suspended.
  • Billing & Invoices: Recurring hosting fees are billed monthly (on the 1st or 15th). Invoices are past due after 14 days. Account warnings are issued at 30 days, and a 2% monthly late fee applies at 60 days past due.
  • Infrastructure & Uptime: We utilize top-tier cloud data centers (e.g., Cloudways, GreenGeeks, AWS). While we maintain a 99.9% uptime target, outages caused by upstream data centers, global internet backbones, or third-party hardware failures are beyond our direct operational control.
  • Backups & Data: We maintain regular disaster-recovery server backups, but clients are encouraged to keep independent local archives of critical business data.
  • Cancellation: You may cancel hosting at any time prior to your next billing cycle. Please ensure you back up and migrate all site files and DNS records before requesting account termination.



Full Terms & Conditions

This policy represents the complete BoydTech Design LLC Terms of Service (“TOS”) and supersedes any prior oral or written agreements. By subscribing to, using, or paying for any hosting or maintenance services provided by BoydTech Design LLC, you (“Client,” “Customer,” or “You”) agree to be bound by the terms outlined below.

1. General Provisions & Definitions

  • “Provider,” “Company,” “We,” or “Us”: BoydTech Design LLC (boydtechdesign.com).
  • “Customer,” “Client,” or “You”: Any individual, business, or entity subscribing to or using services provided by BoydTech Design LLC.
  • Revisions: BoydTech Design LLC reserves the right to revise or update these terms at any time. The current version will always be maintained online at boydtechdesign.com/hosting-terms.

2. Scope of Included Services

  • Server Infrastructure: Web hosting services are provided on cloud server infrastructure tailored to the Customer’s specific site requirements, as outlined in the initial proposal, Statement of Work (SOW), or active invoice.
  • Included Allocations: Base hosting tiers include disk space, monthly bandwidth, SSL certificates, and performance configurations appropriate for the client’s designated hosting plan. System resources automatically scale or upgrade as needed to maintain performance, security, and stability.
  • Managed WordPress Updates: Routine maintenance including core WordPress updates, plugin patching, theme updates, and compatibility testing.
  • Bundled Software Licensing: Software licenses provided directly by Company (e.g., form builders, security tools, SMTP tools, premium themes) remain the exclusive property of BoydTech Design LLC. Migration off our platform requires Customer to procure independent licenses.
  • Security & Support: Active server monitoring, firewall management, basic malware remediation support, DNS troubleshooting, and partner agency coordination.

3. Billing, Payments & Cancellation

  • Recurring Billing: Hosting is billed automatically on either the 1st or 15th of each month following website launch, migration, or setup.
  • Payment Schedule & Late Fees:
    • Invoices are considered past due 14 days after the invoice date.
    • At 30 days past due, formal account overdue notices are issued.
    • At 60 days past due, a 2% monthly late fee is added to the outstanding balance and accrues monthly until paid in full. Continued non-payment may result in temporary account suspension.
  • Cancellation Policy: Customer may cancel hosting at any time prior to the next billing date via written email or phone notice. Fees are not pro-rated for partial months. Customer is solely responsible for backing up and migrating all website files, databases, and DNS zone records prior to cancellation. Once an account is terminated, server data is permanently deleted.
  • 30-Day Money-Back Guarantee: New hosting accounts are eligible for a full refund of monthly hosting fees if cancelled within the first 30 days of initial setup due to service dissatisfaction. Third-party add-ons, domain transfers, and custom development setup fees are non-refundable.

4. Third-Party Infrastructure, Service Levels & Warranties

  • Third-Party Infrastructure & Force Majeure: Customer acknowledges that BoydTech Design LLC utilizes upstream cloud infrastructure providers, data centers, hardware vendors, and telecommunications carriers (including Cloudways, GreenGeeks, AWS, and regional ISPs). BoydTech Design LLC shall not be held liable or responsible for service interruptions, server downtime, data center hardware failures, upstream fiber cuts, global cyberattacks, or events of Force Majeure beyond the Company’s reasonable operational control.
  • 99.9% Network Uptime Target: Company strives to maintain 99.9% uptime for internal managed infrastructure. Downtime caused by client code errors, third-party plugin conflicts, client-initiated DNS misconfigurations, or external DDoS attacks is excluded from uptime calculations.
  • Disclaimer of Express/Implied Warranties: SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOYDTECH DESIGN LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOYDTECH DESIGN LLC, ITS OFFICERS, MEMBERS, EMPLOYEES, OR SUBCONTRACTORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES—INCLUDING LOST PROFITS, LOST REVENUE, LOST SALES, BUSINESS INTERRUPTION, OR DATA LOSS—ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE/INABILITY TO USE HOSTING SERVICES.

MONETARY LIABILITY CAP: BOYDTECH DESIGN LLC’S TOTAL AGGREGATE FINANCIAL LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE STRICTLY CAPPED AT THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR HOSTING SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

6. Acceptable Use & Resource Policy

  • Acceptable Content: Hosting accounts must comply with all state, federal, and international laws. Prohibited uses include bulk unsolicited email (spam), hosting malware/phishing assets, illegal media distribution, copyright infringement, or storing non-website archives/backup dumps.
  • Excessive Resource Utilization: In shared or multi-tenant cloud environments, accounts that consume excessive CPU, memory, or I/O resources to the detriment of server stability may be temporarily rate-limited or throttled. Company will notify Client to discuss performance upgrades if resource demands consistently exceed plan baselines.
  • Script Security: Clients managing custom scripts or third-party plugins must maintain updated, secure code. If an unpatched client script causes a security vulnerability or server compromise, Company reserves the right to isolate or disable the vulnerable asset until patched.

7. Backups & Data Integrity

While BoydTech Design LLC performs routine server-level disaster recovery snapshots as part of managed hosting, Customer retains primary responsibility for maintaining independent local archives of critical business data, assets, and database records.

8. Indemnification

Customer agrees to defend, indemnify, and hold harmless BoydTech Design LLC, its members, employees, and subcontractors from and against any third-party claims, liabilities, losses, damages, or legal expenses (including reasonable attorneys’ fees) arising out of the content published on Customer’s website, business operations, or Customer’s breach of intellectual property rights.

9. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in the State of Connecticut, and both parties consent to personal jurisdiction therein.