A path forward
Terms & conditions
Billing & payment
Late Payment Penalties: Failure to pay invoices by the due date will result in a late payment penalty of 5% on the outstanding balance and a $15 administrative fee per month. Failure to pay for the website hosting services within 60 days of the invoice date may result in the suspension of services and termination of this agreement.
Notification & Grace Periods: We will provide a written notice of non-payment at least 10 days before the suspension of services. A final notice will be sent 10 days prior to the termination of the agreement, providing a grace period for the client to settle outstanding balances.
Refund Policy: If a client terminates the services before the end of the prepaid annual period, they may be eligible for a prorated refund for the unused portion of the service, minus any applicable fees and penalties. Refund requests must be submitted in writing and will be processed within 30 days of termination.
Service Rate Changes: Any changes in service rates will be communicated to clients at least 60 days in advance. Clients have the right to terminate the agreement without penalty if they do not agree to the new rates, provided they notify us in writing within 30 days of receiving the rate change notice.
Data and Content Transfer: All outstanding balances must be settled before any data or content is transferred to the client. Any costs associated with data migration will be billed to the client at a rate of $125 per hour.
User responsibilities & acceptable use
Clients must comply with all applicable laws and regulations while using our services. Engaging in illegal activities is strictly prohibited, including fraudulent activities, distributing malware, attempting unauthorized access to systems, hosting illegal content, and supporting terrorism. Spamming and resource abuse, such as excessive use of CPU, memory, or bandwidth beyond the allocated resources, are also forbidden.
Clients are responsible for securing their account credentials and ensuring the safety of their hosted content within the CMS, including third-party services like plugins, forms, and other integrations. Any violation of this acceptable use policy can result in the suspension or termination of services.
Cancellation & termination
Either party may terminate this agreement by providing the other party with a 30-day written notice of termination, delivered via certified mail or email with a read receipt. Upon termination, the client will be responsible for settling all outstanding balances. Hosting and maintenance services will cease on the termination date. Cumberland Marketing will provide all necessary information to facilitate the client's transition to a different hosting platform if desired. All outstanding balances must be settled before any data or content is transferred to the client, and any costs associated with data migration will be billed to the client at a rate of $125 per hour.
If either party breaches any material term of this agreement and fails to cure such breach within 15 days of receiving written notice, the non-breaching party may terminate this agreement immediately. Material breaches include failure to pay amounts due, repeated violations of the acceptable use policy (such as engaging in illegal activities, spamming, or resource abuse), unauthorized use or sharing of account credentials leading to security breaches, hosting illegal content, or failing to provide accurate and up-to-date information as required by this agreement.
Limitation of liability
We are not liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services, except as required by law. Our liability is strictly limited to the amount paid by the client for the services during the period in which the issue occurred. We provide daily and on-demand backups as part of our web hosting services and employ security measures and threat blocking to protect client data. However, we cannot guarantee absolute protection against all threats. This includes, but is not limited to, data loss or security breaches caused by third-party service providers, human error, malware and cyber-attacks, natural disasters, software or hardware failures, and any other external factors beyond our control. This limitation of liability does not apply to damages caused by gross negligence or willful misconduct.
Amendments & modifications
We reserve the right to modify these terms and conditions at any time. Clients will be notified of any significant changes at least 30 days in advance, and continued use of our services after such notification constitutes acceptance of the updated terms and conditions.
Governing law & dispute resolution
These terms and conditions are governed by the laws of the State of Tennessee. Any disputes arising under or in connection with these terms and conditions will be resolved through binding arbitration conducted in Tennessee, USA. Clients may opt out of the binding arbitration clause within 30 days of accepting these terms.