Terms of Service

Acceptance of Terms

By subscribing to the web hosting and design services provided by Website Solutions (“we,” “us,” or “our”), you (“Client” or “you”) agree to be bound by these Terms of Service (“ToS”). If you do not agree to these terms, do not subscribe to or use our services.

Description of Services

Website Solutions provides a subscription-based service that includes the design, development, hosting, and maintenance of a website (“Website”) for the Client. The Website is built and managed by Website Solutions, and the Client does not have direct access to edit or modify the Website’s code or design unless explicitly agreed upon in writing. The subscription plan is offered on a monthly, quarterly, or annual basis, as selected by the Client.

Subscription and Payment

1. Subscription Plans

The Client agrees to pay the subscription fees as outlined in the selected plan (monthly, quarterly, or annual). All fees are non-refundable unless otherwise stated in a separate written agreement between the parties.

2. Payment Terms

Payments are due in advance of each billing cycle. The Client authorizes Website Solutions to charge the provided payment method automatically for recurring fees.

3. Late Payments

If payment is not received by the due date, Website Solutions reserves the right to suspend or terminate the Services, including taking the Website offline, without prior notice. A reasonable attempt to contact the Client regarding non-payment will be made, but the suspension of service may occur without additional warning.

4. Price Changes

Website Solutions may modify subscription fees at any time with 30 days’ written notice to the Client (via email or through the Services). Continued use of the Services after such notice constitutes acceptance of the new fees. If the Client does not agree to the new fees, they may cancel their subscription per the Termination section of these ToS.

Ownership and Licensing

1. Website Ownership

The Website, including its design, code, graphics, and other assets, is the sole property of Website Solutions. The Client is granted a non-exclusive, non-transferable license to use the Website solely for their business purposes during the active subscription period. This license is revoked upon termination or cancellation of the subscription.

2. No Transfer of Ownership

The Client does not own the Website or any of its components. In the event of subscription termination, cancellation, or non-payment, the Client has no right to receive, access, or use the Website, its code, or any related assets. No Website files, source code, or proprietary assets will be provided to the Client upon termination.

3. Client Content

Any content provided by the Client (e.g., text, images, logos, documents) remains the Client’s property. The Client grants Website Solutions a non-exclusive, worldwide license to use, display, modify, store, and maintain such content for the purpose of providing the Services. Website Solutions will not use Client content for any other purpose without written consent.

Service Termination

1. Termination by Client

The Client may terminate the subscription by providing 30 days’ written notice to Website Solutions (via email to support@websitesolutions.com or through the Client portal). Termination becomes effective 30 days after notice is received. No refunds will be issued for partial billing cycles or prepaid fees.

2. Termination by Website Solutions

Website Solutions may terminate or suspend the Services immediately, without prior notice, for reasons including but not limited to:

  • Non-payment of subscription fees
  • Violation of these ToS or Website Solutions’ acceptable use policy
  • Illegal use of the Website or Services
  • Use of the Website to distribute malware, spam, or illegal content
  • Breach of intellectual property rights
  • Threats, harassment, or abusive behavior toward Website Solutions staff

Website Solutions will attempt to provide notice before termination when possible, but immediate termination may occur without notice in cases of serious violation or threat.

3. Effect of Termination

Upon termination by either party, the Website will be taken offline within 48 hours, and the Client will lose all access to the Website and related services. Website Solutions is not obligated to provide the Client with any Website files, code, databases, or assets upon termination. The Client is responsible for retrieving any Client content (photos, text, documents) before the termination date if desired.

Client content will be retained for 30 days after termination for retrieval purposes, then deleted from Website Solutions’ servers.

Client Responsibilities

1. Accurate Information

The Client agrees to provide accurate and complete information for billing, communication, and domain registration purposes. The Client is responsible for updating this information if it changes.

2. Lawful Use

The Client agrees to use the Website in compliance with all applicable federal, state, and local laws and regulations. The Client is solely responsible for ensuring their content does not:

  • Infringe on third-party intellectual property rights (copyrights, trademarks, patents)
  • Contain defamatory, obscene, or illegal material
  • Violate privacy or data protection laws
  • Constitute harassment or threats
  • Violate any applicable industry regulations (HIPAA, legal ethics, etc.)

3. Domain Registration

If Website Solutions registers or manages the domain on the Client’s behalf, the domain remains registered in the Client’s name. The Client is responsible for keeping domain contact information current. Upon termination, the Client retains ownership of the domain; Website Solutions will not transfer domain control without written request from the Client.

Limitation of Liability

To the fullest extent permitted by law, Website Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use the Services, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill. This applies even if Website Solutions has been advised of the possibility of such damages.

Website Solutions’ total liability for any claim shall not exceed the amount paid by the Client for the Services in the preceding 12 months. If the Client has paid nothing, liability is limited to $0.

Some jurisdictions do not allow limitations on liability, so this limitation may not apply in all cases.

Indemnification

The Client agrees to indemnify, defend, and hold Website Solutions, its affiliates, officers, and employees harmless from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from:

  • The Client’s use of the Services or Website
  • Violation of these ToS
  • Violation of any applicable law or third-party rights
  • Client content or materials provided to Website Solutions

Website Solutions will provide prompt notice of any claim and reasonable cooperation in the Client’s defense.

Intellectual Property

All intellectual property rights in the Website, including but not limited to design, code, layout, graphics, and proprietary tools developed by Website Solutions, remain exclusively with Website Solutions. This includes any custom functionality, plugins, themes, or modifications created for the Client.

The Client may not copy, modify, reverse-engineer, distribute, or reproduce the Website or its components without express written permission from Website Solutions. Unauthorized copying or distribution of Website Solutions’ work violates these ToS and applicable copyright law.

Data Privacy and Security

Website Solutions takes data security seriously. We maintain industry-standard security practices including SSL encryption, regular backups, and security monitoring. However, no online service is completely secure, and Website Solutions does not guarantee absolute security against all threats.

The Client is responsible for keeping login credentials confidential and for any activity that occurs using their account. Website Solutions will not be liable for unauthorized access resulting from the Client’s failure to protect their password or account credentials.

For more information on how Website Solutions collects, uses, and protects data, please see our Privacy Policy.

Governing Law and Jurisdiction

These ToS shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising under these ToS shall be resolved in the state or federal courts located in Duval County, Florida, and both parties consent to the exclusive jurisdiction and venue of these courts.

Modifications to Terms

Website Solutions reserves the right to modify these ToS at any time. Material changes will be communicated to the Client via email at least 30 days in advance. Continued use of the Services after such notice constitutes acceptance of the updated ToS. If the Client does not agree to changes, they may cancel their subscription per the Termination section.

Entire Agreement

These ToS, together with any service agreement or quote issued by Website Solutions, constitute the entire agreement between the Client and Website Solutions regarding the Services. These ToS supersede all prior and contemporaneous agreements and understandings, whether written or oral.

Contact Information

For questions, concerns, or notices regarding these ToS or the Services, please contact us at:

Website Solutions
Jacksonville, Florida
Email: support@websitesolutions.com
Phone: (904) 721-8973
Website: https://904websitesolutions.com

By subscribing to our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.