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Hosting Terms & Conditions

1. Agreement to Terms

These Hosting Terms of Service (this “Agreement”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Cave Interactive Media LLC, an Illinois limited liability company (“Company,” “we,” “us,” or “our”). By purchasing, accessing, or using any hosting services provided by the Company, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use our services.

2. Services

The Company provides website hosting services, including but not limited to managed WordPress hosting, shared hosting, virtual private server (VPS) hosting, and dedicated server hosting (collectively, the “Services”). The specific features, resources, and configurations applicable to your account will be determined by the service plan you select at the time of purchase or as subsequently modified by mutual agreement.

3. Account Registration and Security

You agree to provide accurate, current, and complete information during the registration process and to keep such information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to protect your account credentials.

4. Billing, Payment, and Renewal

4.1 Billing Cycle

Unless otherwise arranged by a separate written contract, all Services are billed on a month-to-month basis. Invoices are generated on the first day of each calendar month for the upcoming month of service.

4.2 Auto-Renewal

Your subscription will automatically renew at the beginning of each billing cycle unless you provide written cancellation notice in accordance with Section 4.4 of this Agreement.

4.3 No Refunds

Because the Company provisions dedicated hardware and resources from third-party infrastructure providers based on your commitment to the Services, no refunds will be issued once the current service period has begun. All fees are non-refundable.

4.4 Cancellation

Customers are requested to provide at least thirty (30) days’ advance written notice prior to cancellation. Cancellation requests should be submitted via email or through the Company’s designated support channels.

4.5 Non-Payment

If payment is not received by the invoice due date, the Company will provide a fourteen (14) day grace period during which your hosted website or application will remain online. If payment is not received within the grace period, the Company reserves the right to suspend or terminate your account and Services without further notice.

5. Acceptable Use Policy

You agree not to use the Services for any purpose that is unlawful or prohibited by this Agreement. Without limiting the foregoing, you specifically agree not to use the Services to:

  • Host, store, transmit, or distribute any content that is illegal under federal, state, or local law
  • Host, store, transmit, or distribute pornographic, obscene, or adult content
  • Send unsolicited bulk email (spam), operate mailing lists without proper opt-in consent, or engage in any form of email abuse
  • Engage in cryptocurrency mining or any similar resource-intensive computational activity not expressly authorized by the Company
  • Consume server resources in a manner that exceeds the limits of your plan or that negatively impacts other customers or the stability of shared infrastructure
  • Host phishing pages, scam websites, fraudulent schemes, or any content intended to deceive or defraud
  • Operate or maintain websites or applications that have been compromised by malware, unauthorized code, or security exploits, and fail to take prompt corrective action upon notification
  • Distribute malware, viruses, trojans, or any other malicious software
  • Infringe upon or violate the intellectual property rights of any third party
  • Host or facilitate any activity that could result in legal liability or regulatory action against the Company or its third-party infrastructure providers

The Company reserves the right to determine, in its sole discretion, whether any use of the Services violates this Acceptable Use Policy. Violation of this policy may result in immediate suspension or termination of your account as described in Section 9.

6. Customer Responsibilities

6.1 Content and Applications

You are solely responsible for all content, data, applications, plugins, themes, and software hosted on or transmitted through your account. The Company does not monitor, review, or endorse Customer content and assumes no liability for it.

6.2 Backups

The Company may maintain internal backups for its own disaster recovery purposes. However, these backups are not guaranteed to be available to the Customer and are maintained at the Company’s sole discretion on terms established on a per-account basis. You are solely responsible for maintaining your own independent backups of all data, content, and configurations. The Company shall not be liable for any loss of data regardless of the cause.

6.3 Security

You are responsible for the security of your hosted applications, including but not limited to keeping all software, plugins, and themes updated, using strong passwords, and implementing appropriate security measures. The Company is not responsible for vulnerabilities or breaches resulting from Customer-managed software or configurations.

7. Service Level Agreement

7.1 Uptime Commitment

The Company commits to ninety-nine percent (99%) uptime of hosting hardware and network infrastructure availability, measured on a monthly basis, excluding scheduled maintenance windows.

7.2 Scheduled Maintenance

Routine maintenance will generally be performed during a recurring maintenance window of 12:00 AM to 4:00 AM Central Time. The Company will make reasonable efforts to provide advance notice of scheduled maintenance that may affect service availability, though advance notice is not guaranteed for urgent or emergency maintenance.

7.3 Application Availability

The uptime commitment applies exclusively to the hosting hardware and network infrastructure maintained by the Company. Overall website or application availability cannot be guaranteed, as downtime may result from factors outside the Company’s control, including but not limited to third-party plugins, Customer-installed software, administrative actions taken by the Customer, DNS propagation, or upstream provider outages.

8. Intellectual Property

Each party retains all right, title, and interest in its own intellectual property. The Customer retains ownership of all Customer content hosted on the Services. The Company retains ownership of all proprietary technology, tools, software, and systems used to deliver the Services. Nothing in this Agreement grants either party any rights in the other party’s intellectual property except as expressly set forth herein.

9. Suspension and Termination

9.1 Termination by Customer

You may terminate your account at any time by providing written cancellation notice as described in Section 4.4.

9.2 Termination by Company

The Company reserves the right to suspend or terminate your account and access to the Services immediately and without prior notice for any reason, including but not limited to: violation of this Agreement, violation of the Acceptable Use Policy, non-payment of fees, legal or regulatory requirements, or actions that pose a risk to the security, integrity, or availability of the Company’s infrastructure or other customers.

9.3 Effect of Termination

Upon termination by the Company for cause, the Company will, at its sole discretion, export a backup of your website or application data and retain that backup for fourteen (14) calendar days following the date of termination. After the fourteen (14) day retention period, the Company has no obligation to retain or provide any Customer data. It is your responsibility to retrieve your data within this period. No refunds will be issued for any remaining prepaid service period.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR INTERRUPTION OF SERVICE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; (d) any content hosted on or transmitted through your account; or (e) any third-party claim related to your website, application, or business operations.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

13. Privacy and Data

The Company may collect and process certain information in connection with providing the Services, including server logs, usage data, and account information. The Company will handle such data in accordance with its Privacy Policy, which may be updated from time to time. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

14. Third-Party Services and Providers

The Services may rely on third-party infrastructure providers, software, and services. The Company is not responsible for the acts or omissions of any third-party provider. Any third-party services accessed through or in connection with the Services are subject to their own terms and conditions. The Company makes no representations or warranties regarding third-party services and shall not be liable for any damages arising from your use of or reliance upon them.

15. Modifications to Terms

The Company reserves the right to modify this Agreement at any time. Material changes will be communicated to you via email or through a notice posted within your account dashboard. Your continued use of the Services following notification of any changes constitutes your acceptance of the modified terms. If you do not agree with any modification, your sole remedy is to cancel your account in accordance with Section 4.4.

16. Governing Law and Dispute Resolution

16.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.

16.2 Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement or the breach, termination, or validity thereof shall be resolved by binding arbitration administered in Sangamon County, Illinois. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Exceptions

Notwithstanding the foregoing, where mandatory arbitration is prohibited by applicable law, either party may pursue claims in a court of competent jurisdiction located in Sangamon County, Illinois. Additionally, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17. General Provisions

17.1 Entire Agreement

This Agreement, together with any separate written contracts or service orders, constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

17.2 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of the Company. The Company may assign this Agreement without restriction.

17.5 Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or third-party infrastructure outages.

17.6 Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed given when sent to the email address associated with your account or, in the case of notices to the Company, to the contact information provided on the Company’s website.

 

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Cave Interactive Media LLC

For questions regarding these terms, please contact us through the support channels listed on our website.