These Hosting Terms (“Terms”) govern the web hosting, maintenance, and support services provided by Fifth and Missing Design Group Inc. (“Agency”) to the Client. By utilizing our hosting services, the Client agrees to be bound by these Terms in conjunction with our General Terms & Conditions.
The Agency provides web hosting services through third-party data center providers. We manage the configuration, maintenance, and monitoring of these services on behalf of the Client.
We aim to maintain a 99.9% network uptime. However, because hosting relies on third-party infrastructure and the public internet, we cannot guarantee uninterrupted service. Routine maintenance, technical failures, or force majeure events may cause temporary downtime.
Standard web hosting fees cover website infrastructure (files and databases) only. Email hosting is a separate, paid service available upon request. Unless the Client has subscribed to a specific Email Hosting plan, the Agency does not provide email accounts or support.
The Client may not use the hosting service to store, publish, or distribute illegal material, malware, copyrighted content without license, or content that promotes violence or hate speech.
The Client shall not use excessive server resources (CPU, RAM, or bandwidth) that negatively impact other users. The Agency reserves the right to throttle or suspend sites causing performance issues until the issue is resolved.
Sending unsolicited bulk email (SPAM) via our servers is strictly prohibited. Violation of this policy will result in immediate termination of services.
The Agency implements industry-standard security measures, including firewalls and regular software updates, to protect the server environment.
The Client is responsible for maintaining strong passwords and ensuring their own devices are free of malware. If a compromise occurs due to weak Client credentials, cleanup fees may apply.
The Agency performs daily backups. While we take every precaution, we cannot guarantee data integrity. Additional off-site backup solutions are available upon request for an additional fee.
Hosting fees are billed annually in advance unless otherwise agreed in writing. Invoices are generated 30 days prior to the renewal date.
Services will automatically renew for the same term unless cancelled in writing at least 30 days before the renewal date.
Accounts more than 30 days overdue are subject to suspension. A reactivation fee may be applied to restore suspended services.
The Client may terminate hosting services at any time by providing 30 days' written notice. Annual fees are non-refundable.
The Agency may terminate services immediately without notice if the Client violates the Acceptable Use Policy or fails to pay invoices.
Upon termination, we will provide the Client with access to retrieve their data for a period of 14 days, provided the account is in good standing.
Under no circumstances shall the Agency be liable for any loss of data, revenue, or business opportunities resulting from server downtime, hacking, or data corruption.
The Agency is not liable for service interruptions caused by upstream providers, domain registrars, or internet service providers.
The Agency’s total liability regarding hosting services shall not exceed the amount paid by the Client for hosting during the 3 months preceding the claim.
Hosting fees cover server-side maintenance and uptime monitoring. Support for website content updates, design changes, or email configuration on local devices is billed at our standard hourly rate unless covered by a separate Maintenance Agreement.