Terms and Conditions of Service – Website Hosting and Maintenance

1. Introduction

2. 1. Acceptance of Terms: By using the WordPress hosting services ("Services") provided by ListPage ("Provider"), you, the customer ("Customer"), agree to be bound by these Terms and Conditions of Hosting and Website Management ("Terms"). These Terms govern the relationship between the Customer and the Provider concerning the hosting and maintenance of a WordPress website on an Australian Virtual Private Server (VPS) environment.

3. Description of Services

4. 1. The Provider agrees to host the Customer's WordPress website, with the necessary resources and provisions according to the selected hosting plan.

   2. The Provider will offer technical support for issues directly related to the hosting services.

5. Service Provision

6. 1. The Provider commits to a 99.9% uptime guarantee each month for the Services. Planned maintenance and updates will be scheduled to minimize disruption, with the Provider notifying customers of both planned and unplanned service interruptions when possible or at the discretion of the Provider.

   2. The Provider will strive to schedule these activities at the most opportune times.

   3. Service interruptions may occur due to factors beyond the Provider’s control, including but not limited to acts of God, human-induced events, war, invasions, hostilities, civil unrest, acts of terrorism, government or quasi-government sanctions, embargoes, blockades, industrial disputes, strikes, lockouts, utility failures (including electricity and telecommunication), hardware malfunctions (the Provider’s or third-party), software failures, or unsuccessful software or hardware updates attributable to us, our suppliers, or any third party.

   4. Routine maintenance and service updates are necessary for the continued operation and security of the hosting services. The Customer acknowledges that these activities may occasionally result in temporary service disruptions.

7. Security and Indemnification

8. 1. Implementation of Security Measures

   1. The Provider commits to implementing robust security measures on the server and the Customer's website, which are in line with the protections outlined in the respective hosting plan selected by the Customer. These measures are designed to safeguard against unauthorized access, data breaches, and other cyber threats.

   2. Addressing WordPress CMS Vulnerabilities

   1. The Provider acknowledges the popularity of WordPress CMS and the consequent increased risk of cyberattacks targeting WordPress websites. To address this, the Provider employs a comprehensive cybersecurity approach:

   1. Standard Plan: Suitable for most small-scale brochure sites, offering a robust, yet basic level of security suitable for websites with standard requirements.

   1. Business Plan and Higher: For mission-critical websites that require advanced protection, the Business Plan includes vulnerability scanning, virtual patching, and a network firewall. These premium features are designed to provide a fortified defense against hacking attempts and are a result of increased investment in security infrastructure.

   3. Limitation of Liability and Indemnification for Hacked Websites

   1. Despite rigorous security protocols, the Provider cannot guarantee complete immunity from cyberattacks. Hacking incidents can occur even to the most secure corporate entities.

   2. In the event of a security breach or hacking incident, the Provider will endeavor to rectify the issue in accordance with the level of service outlined in the Customer’s hosting plan and/or in these Terms. However, the Provider is not liable for any hacking incidents or the consequences thereof, including but not limited to data loss, data theft, or service disruption.

   3. The Customer is responsible for maintaining the integrity of their login credentials and must adhere to best practices for password creation and management. The Customer agrees to:

   1. Use Strong Passwords: Create and use strong, complex passwords for all access points to their website.

   1. Secure Authentication Practices: Employ secure methods of authentication and regularly update credentials to protect against unauthorized access.

   4. Indemnity Clause

   1. The Customer agrees to indemnify and hold the Provider harmless in the event of a hacking incident, under the following conditions:

   1. No Fault Security Breach: If the security breach occurs without any fault or negligence on the part of the Provider, especially when the Provider has adhered to the security measures promised in the Customer’s hosting plan.

   1. Unavoidable Breaches: Recognizing that not all security breaches can be prevented, the Customer will not hold the Provider responsible for incidents that are the result of unforeseen vulnerabilities exploited in WordPress CMS core, in third-party plugins, themes or software used on your website, or by sophisticated cyberattacks.

   1. Poor or Weak Passwords: In the event of a security breach resulting directly from the Customer's use of weak passwords or from a careless approach to securing login credentials.

   1. Cooperation in Recovery: The Customer will cooperate with the Provider in any recovery efforts, including the implementation of recommended security updates, changes, and improvements.

   1. This indemnity clause is intended to define the limits of liability for the Provider and establish the Customer's responsibility to indemnify the Provider against claims resulting from hacking incidents. It underscores the shared responsibility in managing cybersecurity risks and the importance of maintaining a collaborative approach to security.

9. Disaster Recovery and Backup Procedures

10. 1. In the event of a critical failure or compromised website due to a malicious breach, the Provider has established disaster recovery and backup procedures to ensure business continuity and data integrity:

    1. Site Suspension and Restoration: Upon notification of a security breach, the Service Provider will enact an immediate suspension of the affected website within 30 minutes. During the suspension period, a standard HTML holding page will be displayed, bearing the notice: "This site is currently unavailable, normal service should resume shortly." For straightforward restorations, the website will typically be reactivated within 2 hours of suspension. In cases where extensive restoration efforts are required, reactivation will occur within 4 hours during business hours or 12 hours outside of business hours from the time of suspension. This protocol ensures minimal disruption and maintains the integrity of our digital services while addressing security concerns efficiently.

    1. Regular Backups: For the purpose of data integrity and redundancy, a minimum of three distinct backup locations are utilized for each website: the local server, a cloud-based storage provider, and the server provider's facilities. This multi-tiered backup strategy ensures comprehensive data protection and recovery capabilities, safeguarding the Customer's digital assets against unforeseen events or data loss scenarios. Furthermore, the Provider has efficient restoration methods to ensure minimal downtime should a backup restore be required.

    1. Notification and Support: The Provider will notify the Customer of any critical failures and provide support during the recovery process to minimize downtime and impact on the Customer's operations.

11. 1. These mechanisms are in place to safeguard the Customer's digital assets and provide peace of mind that there are protocols to handle unexpected disruptions effectively.

12. Fees and Payment

13. 1. The Customer agrees to pay all fees associated with their selected hosting plan. Fees are due on a recurring basis, aligned with the Customer's chosen billing cycle.

14. 1. Failure to pay the due fees may lead to the suspension of the Customer's website or termination of the Services.

15. Use of Services

16. 1. The Customer is required to use the Services in a manner that is compliant with all applicable laws and regulations within the jurisdiction of Australia. Specifically, the Customer agrees to the following conditions:

    1. Prohibition of Illegal Content: The Customer shall not use the Services to publish, distribute, or disseminate any illegal material or data. This includes, but is not limited to, content that is fraudulent, defamatory, infringing on intellectual property, or in violation of any criminal law.

    1. Prohibition of Pornographic Material: The Customer is expressly forbidden from using the Services to host, share, or distribute pornographic content, including any material that is obscene, indecent, or adult in nature.

    1. Compliance with Regulations: The content hosted on the Customer's WordPress website must strictly adhere to all relevant laws and regulations governing online conduct and acceptable content.

    1. Responsibility for Content: The Customer is responsible for all content on their website and must ensure that it does not contribute to or facilitate the violation of any law or regulation.

    1. Immediate Action on Non-Compliance: If the Provider becomes aware of any breach of these conditions, it reserves the right to take immediate action, including suspension or termination of the Customer's account, and removal of the offending content.

    1. Notification of Law Enforcement: The Provider may disclose the Customer’s identity and contact information to law enforcement officials if the content is believed to violate applicable laws.

    1. Indemnification of Provider: The Customer agrees to indemnify and hold the Provider harmless from any claims, damages, losses, or expenses arising out of their failure to comply with these provisions regarding lawful use.

    2. By using the Services, the Customer acknowledges and agrees to these restrictions and responsibilities, ensuring that their website remains a lawful platform. Any violation of these conditions may result in legal action, service suspension, or termination by the Provider.

17. Third-Party Software

18. 1. Use and Restrictions of Third-Party Software: As part of the Services, the Customer is granted access to select Third-Party Software that can enhance and expand the functionality of their WordPress website. This Third-Party Software is provided under specific terms and conditions that form part of this agreement. Additionally, the Customer's right to use this software is governed by any applicable licenses provided by the third-party vendors.

    1. Adherence to License Agreements: The Customer is required to comply with all licensing terms as stipulated by the third-party providers. This includes restrictions on the number of installations, usage scenarios, and any other stipulations outlined in the license agreements.

    2. Prohibited Actions: The Customer is expressly prohibited from undertaking any action that would infringe upon the proprietary rights of the software providers. This includes:

    1. Unauthorized Modification: Altering the software or its functionalities beyond the scope of the license agreement or the intended use prescribed by the third-party provider.

    1. Reverse Engineering: Attempting to deconstruct, decipher, or derive the underlying source code of the Software for any purpose unless the software license agreement allows it.

    1. Circumvention of Protection: Bypassing any security or protection measures put in place by the software provider.

    1. Illegal Distribution: Sharing, selling, or distributing the software or any of its components in any form not expressly permitted by the license agreement.

    3. Any such unauthorized use of Third-Party Software may lead to the immediate revocation of the Customer's right to use the Services, potential legal action by the third-party provider, and indemnification claims against the Customer.

19. Access to Premium Tools and Software

20. 1. The hosting plan selected by the Customer may include access to premium plugins or software that are licensed to the Provider. These tools offer advanced features and capabilities that are typically not available in free versions and can provide significant value in terms of website functionality, performance, and security.

    1. Scope of Use: The Customer is entitled to use these premium tools and software solely in connection with their website while it is hosted under the auspices of the Provider. The license for such premium tools remains with the Provider unless paid for by the Customer or otherwise arranged between the Customer and the Provider, and the Customer's access to these tools is a benefit of the chosen hosting plan.

    1. Hosting Plan Dependency: The continued use of these premium plugins or software is contingent upon the Customer maintaining an active hosting plan with the Provider. Should the hosting services be terminated or the Customer choose to migrate their website to another host, the licenses for these premium tools will not transfer and the Customer will no longer have access to them, unless another arrangement has been agreed upon between the Customer and the Provider.

21. Indemnification

22. 1. The Customer acknowledges that Third-Party Software provided as part of the Services may come with its own set of risks and/or unknown vulnerabilities and agrees to assume full responsibility for the use or misuse of such software on their website. As such, the Customer agrees to fully exonerate the Provider from any claims, liabilities, losses, damages, or expenses resulting from the Customer's use or misuse of Third-Party Software on their website.

23. 1. The Customer agrees to protect and hold the Provider harmless from any claims or damages arising from their use of the Services.

24. Modifications, Cancellation, and Termination

25. 1. The Provider reserves the right to modify these Terms or the Services and to notify the Customer of such changes.

    1. The Customer retains the right to discontinue the use of the Services provided by the Provider at their discretion. The process for cancelling the Services is as follows:

    1. Notification: The Customer must notify the Provider of their intent to cancel the Services in writing, adhering to any notice periods specified within these Terms.

    1. Settlement of Accounts: Prior to cancellation, the Customer is responsible for settling any outstanding balances or fees incurred during the use of the Services.

    1. Data Retrieval: The Customer is advised to secure all necessary data from their hosted services before cancellation as the Provider may not retain data post-termination.

    1. The Provider reserves the right to terminate the provision of Services to the Customer under certain conditions, which include but are not limited to:

    1. Non-Payment: Failure by the Customer to pay the due fees associated with their chosen hosting plan may result in termination of Services.

    1. Illegal Use: If the Customer uses the Services for illegal purposes or in violation of applicable laws, the Provider may terminate the Services immediately.

    1. Violation of Terms: Any breach or violation of the specific Terms outlined in this agreement, including but not limited to, unauthorized use of Third-Party Software, may lead to termination of Services.

    1. In all cases of termination, the Provider will communicate the cause and process of termination to the Customer. The Provider aims to ensure a transparent and fair resolution in line with the agreed Terms.

26. General Provisions

27. 1. These Terms constitute the entire agreement between the Customer and the Provider concerning the subject matter hereof.

28. 1. For any questions or concerns regarding these Terms or the Services, the Customer is encouraged to contact the Provider directly.

29. 1. This comprehensive version of the Terms and Conditions of Service for Hosting and Website Maintenance Agreement provides a detailed overview of the service expectations, responsibilities, and legal obligations of both the Customer and the Provider.