Effective Date: [Insert Effective Date]
Welcome to 3RSiteCare (“Company,” “we,” “us,” or “our”). We specialize in providing WordPress web hosting and management services, along with associated support offerings (collectively, the “Services”). By using our Services, you (“Client,” “you,” or “user”) agree to these Terms of Service (“Terms”). If you do not agree to all of the terms and conditions herein, you must not use our Services.
1. Acceptance of Terms
- Binding Agreement: By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
- Age Requirement: You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and capable of entering into a legally binding agreement.
2. Description of Services
3RSiteCare provides the following WordPress-focused hosting and management services (the “Services”):
- WordPress Hosting: We provide hosting optimized for WordPress websites, including server resources, uptime monitoring, and security measures.
- WordPress Installation and Configuration: We install and configure WordPress for optimal performance and security.
- Theme and Plugin Management: We assist with the installation, updating, and troubleshooting of themes and plugins that are necessary for your site’s functionality and appearance.
- Security and Maintenance: We monitor and apply WordPress core updates, plugin updates, and security patches. This may include malware scans, firewall settings, and other security measures.
- Backup and Restore: We regularly back up your WordPress files and databases. In the event of data loss or corruption, we provide restoration services upon request.
- Customer Support: We offer technical assistance for issues related to your WordPress environment, best practices, and other questions within our scope of expertise.
Limitations and Scope:
- Our Services are limited to hosting and managing WordPress websites as described above. We do not provide custom web development, extensive graphic design, or specialized programming services unless otherwise agreed upon.
- Requests outside the standard hosting and management scope may require additional fees or a separate service agreement.
3. Account Registration and Security
- Registration: You may be required to create an account to access certain features of our Services. You agree to provide accurate, complete, and current information during the registration process.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials (username, password, etc.) and for all activities conducted under your account. You must notify us immediately of any unauthorized use of your credentials.
- Eligibility: We reserve the right to refuse registration or access to our Services for any reason permitted by law, including suspected violation of these Terms or security concerns.
4. Payment and Billing
- Fees: You agree to pay the fees associated with the Services you have selected, in accordance with the pricing schedule provided on our website or in a separate order form.
- Billing Cycle: Billing cycles may be monthly, quarterly, annually, or otherwise, as indicated at the time of purchase.
- Refund Policy: Our refund policy is detailed on our website or in a separate agreement. Please review it carefully to understand your rights regarding refunds or credits.
- Late Payments: If your payment is past due, we reserve the right to suspend or terminate your Services until outstanding fees are paid. You may also be responsible for additional charges such as late fees, interest, or collection costs.
5. Acceptable Use and Prohibited Activities
- Content Restrictions: You agree not to host or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Security Violations: You may not engage in any activity that disrupts or harms the security or stability of our servers or network, including unauthorized access or network scanning.
- Email and Spam: You are prohibited from sending unsolicited bulk email (“spam”) or engaging in other forms of abusive email practices through our network.
- Malware: You may not host or distribute malware, viruses, trojans, or any malicious software.
- Resource Abuse: Excessive use of server resources that may adversely impact other clients or our infrastructure is not permitted.
- Legal Compliance: You agree to comply with all applicable local, state, national, and international laws while using our Services.
6. Intellectual Property
- Company Content: All content, trademarks, logos, and service marks on our website or within our Services belong to 3RSiteCare or its licensors. You may not reproduce, modify, or distribute our content without prior written consent.
- Client Content: You retain all rights to the content you upload or host on our Services, provided it does not violate these Terms or third-party rights. By using our Services, you grant us a limited license to host, store, and display your content as necessary to provide the Services.
- Third-Party Software: We may include or recommend third-party themes, plugins, or software. Any use of third-party software is subject to the respective provider’s license terms.
7. Privacy Policy
Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in our Privacy Policy.
8. Data Backup and Retention
- Backup Frequency: While we perform regular backups, you acknowledge that the frequency and completeness of backups may vary.
- No Guarantee of Restoration: We will make reasonable efforts to restore your data upon request, but we do not guarantee that backups will be error-free or meet your specific data retention needs.
- Client Responsibility: You are strongly advised to maintain your own backups of critical data. We are not responsible for data loss resulting from hardware failure, security breaches, or other events beyond our control.
9. Service Availability and Maintenance
- Uptime: We strive to maintain a reliable hosting environment. However, scheduled maintenance, hardware/software failures, or unforeseen circumstances may result in temporary downtime.
- Maintenance Notifications: We will make reasonable efforts to inform you of any scheduled maintenance.
- Emergency Maintenance: In the event of an emergency (e.g., security patches, server failures), we reserve the right to perform immediate maintenance without prior notice.
10. Disclaimer of Warranties
- As-Is Basis: Our Services are provided on an “as is” and “as available” basis without any warranties, express or implied.
- No Warranty of Availability: We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free.
- No Warranty on Third-Party Products: We make no representations or warranties regarding third-party themes, plugins, or services integrated into or utilized by your website.
11. Limitation of Liability
- Indirect Damages: In no event shall 3RSiteCare, its employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits or business interruption.
- Monetary Cap: Our total liability for direct damages under these Terms shall not exceed the total amount paid by you for the specific Service in question during the three (3) months preceding the event giving rise to the claim.
- Jurisdictional Limitations: Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless 3RSiteCare, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from or related to:
- Your use of our Services;
- Your violation of these Terms;
- Your infringement of any third-party right, including intellectual property or privacy rights.
13. Termination and Suspension
- Termination by You: You may discontinue using our Services at any time. However, you remain responsible for all charges incurred up to the date of termination.
- Suspension or Termination by Us: We reserve the right to suspend or terminate your Services immediately if we believe you have violated these Terms, applicable laws, or for non-payment of fees.
- Effect of Termination: Upon termination, your access to the Services will be disabled, and we may delete your data unless otherwise required by law or in accordance with our data retention policies.
14. Modifications to the Terms
We reserve the right to update or change these Terms at any time. Any modifications will be effective immediately upon posting on our website. Your continued use of our Services after any changes indicates your acceptance of the new Terms.
15. Governing Law and Dispute Resolution
- Governing Law: These Terms and any disputes arising out of or related to them shall be governed by the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
- Dispute Resolution: Any claim arising from these Terms shall be settled through [arbitration / small-claims court / relevant legal process] in [city/state/country of your choice], unless otherwise agreed in writing.
16. Miscellaneous
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms, along with any other legal notices or agreements on our website, constitute the entire agreement between you and 3RSiteCare regarding the Services.
- Waiver: Failure by us to enforce any provision shall not be deemed a waiver of future enforcement of that or any other provision.
17. Contact Information
If you have any questions or concerns about these Terms or our Services, please contact us:
3RSiteCare
Address: [Insert Address]
Email: [Insert Email Address]
Phone: [Insert Phone Number]
Last Updated: [Insert Date]
