Terms of Service
Last updated: January 1, 2024
Welcome to EternalWeb. These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing or using EternalWeb's services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms.
2. Description of Services
EternalWeb provides website design, development, managed hosting, domain management, maintenance, security hardening, and related services for death care businesses. Our services include but are not limited to:
- Custom website design and development
- Content management system setup and management
- Website hosting and server management
- Domain registration and DNS management
- SSL certificate installation and management
- Security monitoring and threat protection
- Performance optimization and monitoring
- Technical support and maintenance
3. Account Responsibilities
When you create an account with us, you are responsible for:
- Providing accurate and complete information
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services.
4. Payment Terms
Setup Fees
One-time setup fees are due before project commencement. These fees cover initial design, development, and configuration work. Setup fees are non-refundable once work has begun.
Monthly Fees
Monthly service fees are billed in advance on a recurring basis. Payment is due on the billing date each month. Services may be suspended if payment is not received within 7 days of the due date.
Late Payment
Late payments may incur a late fee of 1.5% per month on the outstanding balance. We reserve the right to suspend or terminate services for accounts with payments more than 30 days overdue.
5. Service Level Agreement
We strive to maintain high availability for all hosted services. Our service level agreements vary by plan:
- Starter Plan: 99.5% uptime target
- Growth Plan: 99.9% uptime SLA
- Premium Plan: 99.95% uptime SLA
Uptime is calculated monthly and excludes scheduled maintenance windows. Service credits may be available for downtime exceeding the SLA threshold.
6. Content and Intellectual Property
Your Content
You retain ownership of all content you provide to us. You grant us a license to use, modify, and display this content as necessary to provide our services. You represent that you have all necessary rights to the content you provide.
Our Work Product
Upon full payment, you own the custom website we create for you. We retain ownership of any pre-existing tools, frameworks, or code libraries used in the project. We may showcase your project in our portfolio unless you request otherwise.
7. Data Backup and Recovery
We perform daily backups of hosted websites. Backup retention periods vary by plan:
- Starter Plan: 7-day retention
- Growth Plan: 14-day retention
- Premium Plan: 30-day retention
While we take reasonable measures to protect your data, you are responsible for maintaining your own backups of critical content and data.
8. Security
We implement industry-standard security measures to protect your website and data. However, no system is completely secure. You are responsible for:
- Using strong passwords for your accounts
- Keeping your credentials confidential
- Promptly reporting any security concerns
- Not engaging in activities that could compromise security
9. Termination
Termination by You
You may terminate your service at any time by providing written notice. Monthly fees will not be prorated for partial months. Setup fees are non-refundable.
Termination by Us
We may suspend or terminate your service for:
- Violation of these Terms
- Non-payment of fees
- Illegal or harmful activity
- Extended periods of inactivity
Upon termination, we will provide reasonable access for you to retrieve your content.
10. Limitation of Liability
To the maximum extent permitted by law, EternalWeb shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of the cause of action or the theory of liability.
Our total liability for any claim arising from or related to our services shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless EternalWeb, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you provide to us
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved in the state or federal courts located in Delaware.
13. Miscellaneous
These Terms constitute the entire agreement between you and EternalWeb regarding our services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14. Contact Information
For questions about these Terms, please contact us:
- Email: hello@eternalweb.com
- Phone: +1 (555) 123-4567