The Terms & Conditions below constitute an Agreement (“Agreement”) between Utilities International Inc., DBA Mainstreethost (“Mainstreethost”) and you (the “Client”, “Client’s”). By accepting the Agreement and using the services provided by Mainstreethost, the Client agrees to be bound by the terms and conditions listed below.
I. General Provisions
Authorization – Where applicable, the Client hereby authorizes Mainstreethost full access to their Website account. This might include but is not limited to the following as it pertains to fulfillment of services that are included as part of the Client’s Digital Marketing Agreement.
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Use of all Client logos, trademarks, website images, etc., for use in Website Development and content creation.
Acceptable Use – The Client agrees that the services offered by Mainstreethost will only be used for lawful purposes in accordance with local, state, and federal laws. Should the Client abuse the acceptable use policy, Mainstreethost reserves the right to terminate services at the expense of the Client.
Copyrights and Trademarks – Unless specifically agreed, Mainstreethost will hold its copyright on any scripts, CGI applications or software it has written. These materials may be commercially reproduced or resold only with the permission of Mainstreethost. All elements of website design projects including the website, graphics, content and any programming code remain the property of Mainstreethost until all outstanding accounts are paid in full.
Content Provided to Mainstreethost – Client is responsible for the accuracy of any and all content that they provide to Mainstreethost. i.e. testimonials, product data, company info., etc. Any falsified information given to Mainstreethost will not be utilized in any way.
Third Party Advertising Platforms – Any third party ad costs incurred will be paid directly to the corresponding platform (i.e. Google, Facebook, Amazon, etc.). Marketing costs paid to Mainstreethost include the campaign setup and management only.
Placement Guarantee – Due to the fact that Mainstreethost is not a search engine, (i.e. Google, Yahoo, Bing, etc.) it is impossible for Mainstreethost to guarantee any placement on the search engines. Mainstreethost, with its knowledge and experience for our clients in this industry, will provide the best possible organic placement without using any type of spam techniques or attempting to deceive the search engines in any way. This is our guarantee.
II. Website Development and Hosting
While every endeavor will be made to ensure that the web design project and any scripts or programs are free of errors, Mainstreethost cannot accept responsibility for any losses incurred due to malfunction of the web design project or any part of the web design project.
As soon as is reasonably possible, the Client will make available to Mainstreethost all materials required in order to complete the web design project to the agreed standard. Mainstreethost will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Mainstreethost estimates a timeline for development completion of ninety (90) days from when Mainstreethost receives all required materials necessary to complete the project and design concept has been approved by the Client. The Client will not receive access to Website until the project has been completed as ordered and approved by the Client.
When redeveloping an existing website, all content is obtained from the current website or marketing materials for use on the new site. Unless specifically agreed upon and negotiated prior to engagement, provision of content is the responsibility of the Client. Content is to be provided digitally and will be used as is and will not be proofread or adjusted prior to implementing on the website.
Mainstreethost does not warrant that the functions contained in the Website design project will be uninterrupted or error-free. All risks as to the quality and performance of the Website design project are with the Client.
Included in a standard Development Agreement with Mainstreethost are one (1) hour of support for design changes or additional training after the Website is completed. Additionally, Mainstreethost will provide the Client with 10GB of web storage space, daily Website backups, WordPress version, theme and plugin updates as deemed necessary, Website security monitoring, and SFTP Access.
Client will receive 3 POP or IMAP Emails (domain must be transferred to Mainstreethost’s account). Each mailbox will have a limit of 5GB; unless you choose to upgrade (additional fee will apply).
Plugins that are included with each development include, Akismet (spam protection), Yoast SEO, WP reviews (to display customer testimonials), EWWW Image Optimizer (image optimization and compression), Wordfence (Website security), Gravity Forms (form creation) and 301 Redirects to easily redirect old URLs to maintain website credibility. Unless otherwise agreed upon, features not included in Website Development include but are not limited to the addition of widget areas or “boxes” from the template layout (where applicable), special functionality or custom coded, or custom graphic design.
Mainstreethost does not provide any guarantee or warranty on any third party software that is used in the construction of the website including the code used in Open Source content management systems or WordPress plugins or themes. Plugin functionality is limited to the specific plugin and Client acknowledges this is not a function of Mainstreethost, nor can Mainstreethost alter the plugin in any way to change or add to its intended functionality
Database, Application and E-Commerce Development (If Applicable) – Mainstreethost cannot take responsibility for any losses incurred from the use of any software created for the Client. Every care has been taken to ensure products are problem-free and accurate; however, the ultimate responsibility of ensuring that all software is functioning correctly before general use lies with the Client.
It is assumed that all developments will be hosted by Mainstreethost. This covers third-party software vendor licenses and/or components under contract with Mainstreethost. In the event the Client opts not to host with Mainstreethost but still wishes to utilize any premium/paid components required for the development to function, the Client will be liable for all software licenses required to operate said platform.
Domain Name Registration – Client shall provide Mainstreethost with a registered domain name. If Client does not have a registered domain name, Mainstreethost will, upon request, use commercially reasonable efforts to register domain name(s) selected by the Client provided that such domain name is available for registration and does not violate any registration services’ policies, or any law or regulation. In the event of any dispute arising out of or related to Client’s domain name used in connection with the Website, upon Client’s request, Mainstreethost will attempt to register an alternative domain name chosen by Client and attempt to make the Website available under such alternative name.
Where applicable, Mainstreethost reserves the right to automatically renew domain registrations for a one-year period at a rate of $35.00. To opt-out of auto-renewal please email email@example.com.
Managed Hosting – Unless otherwise agreed upon, Mainstreethost will provide Web Hosting services for Client for a twelve (12) month contractual term of service (“Term”). New Website developments will include 12 months of free hosting beginning from date of contract execution. Total value of hosting is $525.
Mainstreethost reserves the right to automatically renew Website Hosting Agreement for a similar term thereafter, until terminated by either party with 30 days prior notice. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any contract revisions and price changes.
Upon renewal if hosting fees are not received within seven (7) days from expiration date, Mainstreethost reserves the right to remove the Client’s website from our servers.
Security – Mainstreethost will exercise no control over the content of the information passing through the network, Client email or Client Website. Any or all activities are at the discretion of the Client.
The Client is not allowed to violate, or to attempt to violate, the security of the network. Violations could result in criminal or civil liability, as well as termination of the Client’s Agreement. Mainstreethost will investigate any such incidents and will work with law enforcement to prosecute the Clients who violate the network security.
Email Use Policy – Mainstreethost prohibits harassment through email. This can include but is not limited to size of email messages, frequency of messages, and abusive language. The Client is not allowed to send email to those who do not want to receive it. Clients are not allowed to send unsolicited junk mail messages or spam.
Electronic Commerce Laws – The Client agrees that the Client is solely responsible for complying with electronic commerce laws, taxes and tariffs, and will hold harmless, protect and defend Mainstreethost and its subcontractors from any claim, suit, penalty, tax or tariff arising from the Client’s exercise of said electronic commerce.
Taxes – Mainstreethost is not liable for taxes and governmental fees regarding purchases made by the Client or transactions submitted on Client’s Website. In no way will Mainstreethost ever be held liable for the calculation or payment of sales tax. This responsibility is placed solely on the Client or online retailer. The Client agrees to be fully responsible for fees and taxes with products or services sold when using services offered by Mainstreethost.
Legal Notice – In no event will Mainstreethost or any affiliates be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by force majeure; lost profits; lost savings; consequential or special damages arising out of the operation of or inability to operate the web design project; failure of any service provider, telecommunications carrier, Internet backbone, Internet servers, or Internet software, even if Mainstreethost has been advised of the possibility of such damages.
Governing Law – This contract shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York and the Federal Laws of the United States of America applicable therein without reference to rules governing choice of law. Any action relating to this contract must be brought forward in Erie County, New York.
Indemnification – The Client agrees that it shall defend, indemnify, save and hold Mainstreethost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Mainstreethost, any affiliates, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. The Client agrees to defend, indemnify and hold harmless Mainstreethost against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Mainstreethost’s Web Design service; (ii) any material supplied by the Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Client was sold in the Web Design service.
The Client hereby agrees to indemnify and hold harmless Mainstreethost from any claim resulting from the Client’s publication of material or use of those materials. The Client hereby agrees to indemnify and hold harmless Mainstreethost in any claim resulting from the submission of illegal materials.
Client agrees to pay all fees as agreed upon in the Digital Marketing Agreement provided. Any and all deposits must be received prior to the start of any services provided. All payments are subject to the due dates listed on them unless otherwise noted by Mainstreethost. No deliverables shall be provided by Mainstreethost to Client until full payment has been received.
Any service obligations to the Client, including any prepaid amounts will expire and become null and void one (1) year from the date of the initial agreement, unless otherwise specified in a separate contract or agreement. Additionally, any unused prepaid credit in your account will be forfeited one (1) year from purchase date.
Client understands and agrees that you are not entitled to any refund amount already paid to Mainstreethost.
Failure to Pay – Client’s failure to pay any fees when due shall be considered a material breach of their Agreement with Mainstreethost. If Client fails to make payments when due, Mainstreethost reserves the right to suspend the deliverable until Client pays all outstanding fees. Website files will only be provided to the Client once Agreement is paid in full. Mainstreethost reserves the right to postpone Website launches if Client account is past due or outstanding balance remains.
In the event the Client fails to pay agreed upon fees, upon expiration of a seven (7) day period, Mainstreethost has the right to remove the Client’s Website from its servers until payment in full is made.
Payment Authorization – Client certifies that they are the holder of the credit card, or an authorized signer on the bank checking account provided. Client certifies that they will not dispute the payment with your credit card company; so long as the transaction corresponds to the terms indicated on the Agreement.
Cancellation of an order within three (3) business days from the time of purchase will result in a full refund. Cancellations made after the three-day cancellation period will result in a cancellation fee of 50% of the remaining balance due to Mainstreethost at the time of cancellation. Client understands and agrees that no refunds will be issued for amounts already paid to Mainstreethost after this period. All Cancellation requests are to be sent to firstname.lastname@example.org.
Mainstreethost may charge the Client’s payment method for Cancellation Fee or Mainstreethost may invoice Client for the Cancellation Fee, which invoice must be paid within seven (7) business days after the invoice date. No cancellation of an order will take effect until the Cancellation Fee has been paid, meaning that Mainstreethost may continue services and you shall continue to be obligated to pay for services in accordance with the terms of this Agreement. You acknowledge that the Cancellation Fee is not a penalty, but rather a reasonable amount of liquidated damages to compensate Mainstreethost for early cancellation of services.
Canadian Anti-Spam Law – Mainstreethost and all of its clients must abide by the Canadian Anti-Spam Law. Commercial electronic messages cannot be sent to any Canadian customers without their express or implied consent. Implied consent is defined in terms of this law as: existing customers or previous customers (as long as the customer has purchased a service in the last 2 years). An individual can also make a contact if the business owner’s phone number or email address is disclosed to the public (business cards, visible on websites, etc.) unless there are express instructions either verbally or in writing not to contact the person. Further information about this law can be found at https://fightspam.gc.ca.
EU General Data Protection Regulation (“GDPR”) – Mainstreethost is committed to ensuring the security and protection of the personal information that we process. We are dedicated to safeguarding the personal information under our remit and are committed to following new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance. When applicable, Mainstreethost requires that all clients must abide by GDPR. Further information about these regulations can be found at https://gdpr.eu/.
Please Note: Mainstreethost is not a legal firm and is not authorized to provide legal advice. Mainstreethost abides by all laws and regulations and encourages our clients to do the same. If you have any questions regarding the information provided, please contact your attorney.