Terms of Service
These Terms govern your subscription to Whittemore's website hosting service (the “Service”). By subscribing, you (“you,” the “Customer”) agree to them. If you are subscribing on behalf of a business, you confirm you have authority to bind it.
1. The Service
We host the website you identify at checkout on managed infrastructure that we operate through third-party hosting providers. The Service includes server space, an SSL certificate, content-delivery network, routine backups, and software updates for supported platforms, as described on our website at the time you subscribe. Design, development, content changes and other work outside hosting are not included unless separately agreed.
2. Fees and billing
- The Service is billed monthly at the price shown on your invite and at checkout (for example, Hosting at $25 per month, Hosting + Maintenance at $100 per month, and development hours at $100 per hour per month), in US dollars, plus any applicable taxes. Your plan's exact composition and total are shown before you subscribe and on every invoice.
- Your subscription renews automatically each month. By subscribing you authorize us, through our payment processor Stripe, to charge your payment method on each renewal date.
- You are responsible for keeping a valid payment method on file. You can update it at any time from the hosting portal.
- We may change the monthly price with at least 30 days' notice by email. The new price applies from your next renewal after the notice period; you may cancel before then.
3. Failed payments, suspension and termination
If a renewal payment fails, we (and Stripe on our behalf) will notify you by email and retry the charge over the following days. If the balance remains unpaid:
- we will send reminder notices stating the date on which hosting will be terminated;
- if the overdue balance is not paid within 60 days of the first failed payment, your subscription will be canceled and your website will be taken offline (“Termination for Non-Payment”);
- we may suspend the website (display an unavailable page) at any time after the first failed payment while the balance remains unpaid; and
- following Termination for Non-Payment we retain your website files and database for 30 days, after which they are permanently deleted. During those 30 days you may resume hosting by paying the outstanding balance and re-subscribing, or request a copy of your files.
You remain responsible for amounts accrued before termination.
4. Cancellation by you
- You may cancel at any time from the hosting portal or by emailing billing@whttmr.com.
- Cancellation takes effect at the end of the billing period you have already paid for. Your website stays online until then; no further charges are made.
- Fees are non-refundable and we do not prorate partial months, except where required by law or at our discretion.
- After cancellation takes effect, your website files and database are retained for 30 days and then deleted. Request a copy before then if you wish to move the site elsewhere.
5. Termination or suspension by us
We may suspend or terminate the Service immediately if your website or conduct violates Section 6, creates a security, legal or operational risk to us or others, or if required by law or by our hosting providers. We may otherwise terminate the Service for convenience with at least 30 days' notice, refunding any prepaid unused period.
6. Acceptable use
You agree not to use the Service to host or transmit content or run software that:
- is unlawful, infringes intellectual-property or privacy rights, or is defamatory, fraudulent or deceptive;
- distributes malware, spam, phishing, or facilitates attacks on other systems;
- involves adult content, gambling, or other categories restricted by our hosting providers or payment processor; or
- consumes resources in a way that degrades service for others (for example, abusive crawlers, proxies or crypto-mining).
You are responsible for the content of your website and for any user accounts you create on it.
7. Your content and access
You retain all rights to your website content. You grant us the limited rights needed to host, back up, update and display it as part of the Service. You agree that we and our hosting providers may access your site as needed to provide the Service, investigate issues, and apply updates. You are responsible for maintaining your own copies of any content you cannot afford to lose; our backups are a convenience, not a guarantee.
8. Availability and support
We aim to keep your website online continuously and respond to support requests within one business day, but we do not guarantee uninterrupted service. Planned maintenance, provider outages, software faults and events beyond our control may cause downtime. Our hosting providers' own service commitments are not passed through to you.
9. Disclaimer and limitation of liability
The Service is provided “as is.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. Our total liability for any claim relating to the Service is limited to the fees you paid us in the three months before the event giving rise to the claim. We are not liable for lost profits, lost data, or indirect, incidental or consequential damages.
10. Changes to these Terms
We may update these Terms from time to time. We will post the revised version here and, for material changes, email you at least 30 days before they take effect. Continuing to use the Service after that date means you accept the changes.
11. General
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules, and any dispute will be brought in the state or federal courts located there. If any provision is unenforceable, the rest remains in effect. These Terms, together with our Privacy Policy, are the entire agreement between us regarding the Service.
12. Contact
Whittemore, LLC · 3807 Sahler St, Cheyenne, WY 82009 · billing@whttmr.com