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Web Hosting Terms of Service

Last updated: 2022-01-15

These terms apply specifically to web hosting. For our broader managed IT and consulting relationship, see our Master Terms of Service.

1. Agreement and Acceptance

These Web Hosting Terms of Service (the “Terms”) govern the web hosting services (the “Services”) provided by LS Consulting LLC (“LS Consulting,” “we,” “us,” or “our”) to the customer who orders, activates, uses, or pays for the Services (the “Client,” “you,” or “your”).

By ordering, activating, accessing, using, or paying for the Services — or by allowing a third party to do so on your behalf — you agree to be bound by these Terms, whether or not a separate signed agreement exists. If a separate written hosting agreement signed by both parties exists, that agreement controls to the extent it conflicts with these Terms; otherwise, these Terms apply.

Acceptance by payment or use. These Terms are the governing agreement for your hosting, and no signature is required. Payment of any hosting invoice — whether an initial or a renewal invoice — and your continued use of the Services each constitute acceptance of the version of these Terms then posted on our website. We reference these Terms on our invoices and keep the current version posted on our website.

Authorized agents and billing parties. Your Services may be arranged, configured, managed, or paid for on your behalf by an authorized third party, such as your web developer, design agency, or billing representative. You remain responsible under these Terms regardless of who arranges, manages, or pays for the Services, and we may accept instructions and payment from such an authorized party on your behalf.

2. Definitions

“Hosting Account” means the cPanel account, server resources, and related infrastructure we provision for you.

“Client Content” means all websites, applications, code, themes, plugins, files, databases, email, media, and data that you or your agents upload, install, create, or store using the Services.

“Authorized Agent” means a web developer, agency, or other party you have authorized to arrange, manage, or pay for the Services on your behalf.

3. Scope of Hosting Services

We provide hosting infrastructure only. A standard Hosting Account includes:

SSD disk space and server resources as specified in your plan, order, or invoice, on a Linux server
A cPanel control-panel account
An SSL/TLS certificate for supported domains
Routine daily backups of the Hosting Account (provided as a courtesy on a best-effort basis — see Section 10)
Server-level operating-system and control-panel maintenance and security patching

We will use commercially reasonable efforts to keep the Services available and secure at the infrastructure level. Specific resource limits, pricing, and plan details are set out in your order, invoice, or onboarding documentation.

3.1 Other Hosting and Infrastructure Services

In addition to standard shared cPanel hosting, LS Consulting also offers virtual private server (VPS) hosting, dedicated server hosting, and colocation, as well as custom IT and infrastructure arrangements. These services are provisioned according to a separate order or statement of work that specifies the applicable resources, management responsibilities, service levels, and pricing, and are governed by these Terms except where that order or a separate written agreement provides otherwise.

For VPS, dedicated server, and colocation services, the division of management and security responsibilities between you and LS Consulting is defined in the applicable order. You are responsible for the security, maintenance, updating, and lawful operation of every layer of the environment that you control or that is designated as your responsibility.

4. What the Services Do Not Include

Unless separately agreed in a written scope of work, the Services do NOT include, and we are not responsible for:

Website design, development, or content creation
Installation, configuration, updating, securing, or troubleshooting of Client Content, including WordPress core, themes, plugins, or other applications and code you or your Authorized Agent install
Search-engine optimization, marketing, analytics, or performance tuning of your website
Legal, regulatory, accessibility, or privacy compliance of your website or content (see Section 12)
Malware removal, hack cleanup, forensic investigation, or incident response (see Section 11)

Work outside the scope of standard hosting, if requested and performed by us, is billed separately at our then-current hourly rates and is not covered by your hosting fees.

Where LS Consulting separately provides website development, custom IT, or other professional services — whether for sites we host or otherwise — those services are governed by a separate scope of work or agreement and are not part of these hosting Terms.

5. Fees, Billing, and Payment

Billing cycle. Hosting is billed annually, in advance. We issue an invoice on or about your service's anniversary (renewal) date covering the upcoming twelve (12)-month term. Your term for each period begins when we receive payment for that period's invoice. Other service types (such as VPS, dedicated, or colocation) may use the billing cycle stated in the applicable order or invoice.

Payment terms. Payment is due net-30 from the invoice date unless otherwise stated on the invoice. Fees may be invoiced to you directly or to your Authorized Agent, as arranged.

Automatic charges. If you have a payment method on file (such as a credit card), you authorize LS Consulting to automatically charge that payment method for invoices generated for recurring Services, including renewal invoices, as they become due. It is your responsibility to keep your payment method current and, if you wish to stop a renewal, to cancel under Section 6 before the renewal date.

Late payment and suspension. Accounts with fees unpaid more than thirty (30) days past due may be suspended after reasonable notice. Suspended accounts may be subject to a reactivation fee, and continued non-payment may result in termination and data removal under Section 13.

6. Term, Automatic Renewal, and Cancellation

Term. Each hosting term is twelve (12) months and begins upon our receipt of payment for that term's invoice.

Automatic renewal. Hosting continues on a recurring, term-to-term basis. We issue a renewal invoice on or about your anniversary (expiration) date; paying that invoice renews your hosting for the next twelve (12)-month term. Your hosting is treated as renewing automatically unless you provide written notice of cancellation at least thirty (30) days before the renewal date, or do not pay the renewal invoice.

Price changes. Renewal pricing is subject to change. We will provide notice of any change before it takes effect; paying a renewal invoice that reflects the new pricing, or continuing to use the Services, constitutes acceptance of the change.

Cancellation and refunds. To cancel, provide written notice at least thirty (30) days before your renewal date, or decline to pay the renewal invoice. Service ends at the close of your current paid term. Prepaid fees are non-refundable except where required by law.

7. Client Responsibilities

You are responsible for the following, whether performed by you or your Authorized Agent:

Keeping all Client Content — including WordPress core, themes, plugins, and other applications — patched and up to date
Maintaining your own independent backups of any Client Content you cannot afford to lose
Securing and safeguarding all account credentials, API keys, and access tokens, and using strong, unique passwords and multi-factor authentication where available
Ensuring you hold all necessary rights and licenses to the Client Content
Promptly notifying us of any suspected unauthorized access or security incident
Complying with these Terms, the Acceptable Use Policy in Section 8, and all applicable laws

8. Acceptable Use Policy

You may not use the Services to host, transmit, or facilitate any of the following, and we may suspend or remove offending content or accounts:

Content or activity that is illegal under applicable law
Malware, viruses, exploits, phishing pages, or other malicious code
Unsolicited bulk email (spam), or use of the Services that results in blacklisting of server resources
Material that infringes the intellectual-property or privacy rights of others
Activity that consumes excessive or abusive server resources, or that degrades service for others
Cryptocurrency mining, open proxies, or operating the account as a general file/backup store beyond the allotted space

9. Data Storage — Permitted and Restricted Data

The Hosting Account is intended for ordinary website files, databases, email, and content for which you hold the necessary rights.

Regulated and sensitive data. The hosting environment is NOT provisioned, certified, or contracted as a PCI-DSS, HIPAA, or other regulated-compliance environment unless a separate written agreement expressly says so. You must NOT use the Services to store, process, or transmit the following without a separate written agreement addressing the applicable compliance requirements:

Full payment-card data / cardholder data subject to PCI-DSS
Protected health information (PHI) subject to HIPAA
Unencrypted sensitive personal information, government identifiers (e.g., Social Security or passport numbers), or financial-account credentials
Any other data whose storage carries specific statutory or contractual security obligations we have not agreed in writing to meet

You are solely responsible for the lawful handling, encryption, retention, and protection of any personal or sensitive data you choose to store, and for ensuring such storage complies with all laws applicable to you.

10. Backups and Data Loss

We perform routine daily backups of the Hosting Account as a courtesy and on a best-effort basis, and will make reasonable efforts to restore data lost due to server hardware failure in a timely manner.

We are not responsible for data loss caused by authorized or unauthorized access, compromise of Client Content, software faults, accidental deletion, fire, force majeure, or any cause other than our server hardware failure. Restoration of data for any reason other than hardware failure may incur additional fees at our then-current rates. You are strongly encouraged to maintain your own independent backups; our backups are not a substitute for your own.

11. Security and Unauthorized Access

We maintain reasonable security at the server and infrastructure level and apply operating-system and control-panel patches from time to time.

You are solely responsible for the security of all Client Content, including the applications, themes, plugins, code, and credentials you or your Authorized Agent install or use. We are not responsible for damage, loss, downtime, data exposure, or compromise resulting from outdated or vulnerable Client software, weak or compromised credentials, third-party access, “hackers,” malware, or other causes outside our infrastructure.

Incident response is not included. Malware removal, hacked-site cleanup, forensic investigation, and incident response on Client Content are not part of standard hosting. If we perform such work — whether as a one-time courtesy or otherwise — it is billed at our then-current hourly rates, and any prior courtesy does not obligate us to provide future remediation without charge.

You are responsible for all bandwidth and resource usage resulting from unauthorized access to your account, and must notify us promptly of any suspected compromise so the affected account can be secured.

12. Third-Party Software and Legal Compliance

You are solely responsible for the legal and regulatory compliance of your website and Client Content, including, without limitation:

Privacy and data-protection laws and obligations (e.g., GDPR, CCPA/CPRA, CIPA, and similar state, federal, and international laws)
Cookie consent, tracking, analytics, pixels, and consent-management requirements and disclosures
Website accessibility standards (e.g., ADA / WCAG)
Licensing and terms of use for all third-party software, themes, plugins, fonts, scripts, and media you install or embed

We provide hosting infrastructure only and do not select, install, configure, control, monitor, or review your website code, tracking technologies, consent mechanisms, content, or third-party integrations. Any legal claim, demand, or notice arising from your website or Client Content (including privacy, tracking, or accessibility claims) is your responsibility to address, with your own legal counsel, and is not a hosting matter. We will reasonably cooperate with lawful requests and, where applicable, preserve relevant server logs or backups in our possession upon written request.

13. Suspension and Termination

We may suspend or terminate the Services, in whole or in part, for (a) non-payment, (b) violation of these Terms or the Acceptable Use Policy, (c) activity that threatens the security, stability, or lawful operation of our servers or other customers, or (d) as required by law. Where practicable, we will provide reasonable notice.

Removal of data. Upon cancellation or termination, or upon material violation of these Terms, we may remove and delete Client Content and the Hosting Account from our servers. We will retain backups for approximately thirty (30) days following termination, after which Client Content may be permanently deleted. You are responsible for exporting your own data before termination.

14. Service Levels and Disclaimers

It is our goal to provide at least 99% uptime measured over a 365-day period, but the Services are provided “as is” and “as available.” The internet is a decentralized network, and we are not responsible for downtime, latency, or packet loss caused by internet backbone providers, your internet service provider, force majeure, or causes outside our reasonable control.

We may apply security patches and operating-system updates from time to time, which may affect the function of third-party software installed by you. We will make reasonable efforts to notify you when updates may materially affect your software, but we are not responsible for any impact such updates have on Client Content or site performance. Except as expressly stated, we disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose.

15. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages — including loss of data, goodwill, revenue, or profits — arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.

Except for your payment obligations, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees you paid to LS Consulting for the Services in the three (3) months preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless LS Consulting LLC and its owners, employees, and agents from and against any claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your Client Content; (b) your or your Authorized Agent's use of the Services; (c) your violation of these Terms or any law; or (d) any claim that your website or Client Content infringes, violates, or misuses the rights of a third party (including privacy, tracking, intellectual-property, or accessibility claims). The indemnified party will promptly notify you of any such claim and reasonably cooperate in the defense; you will not settle any claim in a way that imposes obligations on the indemnified party without its consent, not to be unreasonably withheld.

17. Changes to These Terms

We may update these Terms from time to time. The current version will be posted at our website, and the “Last updated” date will reflect the most recent revision. Your continued use of the Services after a revision takes effect constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to provide additional notice.

18. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws rules. Any legal proceeding relating to these Terms will take place in the state or federal courts located in the State of Illinois, and each party consents to that venue. In any such proceeding, the prevailing party is entitled to recover its reasonable costs and attorneys' fees. Travel expenses are not reimbursable to either party.

19. General

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with any signed agreement, order, or invoice, constitute the entire agreement between the parties regarding the Services and supersede prior understandings on that subject. Our failure to enforce any provision is not a waiver of it.

20. Contact

Questions about these Terms or the Services? Email [email protected] or call 815.661.5853.