WellSpring Marketing, LLC is designed to serve the web hosting needs of small businesses and non-profit organizations. It is not appropriate to use our shared hosting services to support large enterprises or internationally-based businesses with a sustained demand that places an undue burden on our systems or negatively impacts use by small, independently owned, and operated businesses. If you intend to do more traffic for a larger site, please ask us for a more robust hosting package.
WellSpring Marketing, LLC provides a shared web hosting service, which means that a number of customer websites are hosted from the same server. WellSpring Marketing, LLC uses account isolation and abuse controls to help ensure that the use of our services does not adversely affect the performance of our system or other customers sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
We, WellSpring Marketing, LLC (a.k.a. “we” or “us” or “WellSpring Marketing” or the “Company“) are excited to have you as the customer. We want to keep our relationship with you as lean and informal as possible, but please read the following carefully before you start using our Shared Hosting Service because by using us for your website hosting needs, you accept and agree to be bound and abide by the terms in this agreement.
Should you disagree with some of the provisions herein, you can either leave and not use us for hosting (although we’ll be sad to see you go!), or contact us. We’ll be happy to hear your comments and suggestions.
A) DISK SPACE
If you use our services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customer’s sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate. If you need room for a faster growth rate, you must work with us to ensure your needs are met.
B) DATA TRANSFER
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your website will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see below).
C) ACCEPTABLE USE POLICY AND TERMS OF SERVICE
The following is the entire Acceptable User Policy (AUP) agreement between WellSpring Marketing, LLC and the personal or account holder (a.k.a. “you” or “your” or “customer”). WellSpring Marketing provides World Wide Web hosting, marketing, and development. We have certain legal and ethical responsibilities related to the use of our servers and equipment involved in delivering these services. Our general policy is to act as a provider of Internet presence. We reserve the right to suspend or cancel a customer’s access to any or all services provided by us when we decide that the account has been inappropriately used.
1) SERVER ABUSE: Any attempt to undermine or cause harm to a server or customer of WellSpring Marketing is strictly prohibited. We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include Internet scamming (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by you, whether or not the attacked account or computer belongs to WellSpring Marketing, LLC, will result in action against you. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
2) RIGHT TO TERMINATE: WellSpring Marketing has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions WITHOUT WARNING or PRIOR NOTICE. No refunds
of fees paid will be made if account termination is due to violation of the terms outlined. You may not run IRC, certain bots, or clients on shared servers. Unacceptable uses also include but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by WellSpring Marketing to be unacceptable use of our services including abuse of server resources.
3) WEB APPLICATIONS and WEB ACCESSIBLE
SCRIPTS: All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. As part of your web hosting and maintenance package, WellSpring Marketing will routinely evaluate your web-based applications and scripts to ensure their security and orderliness (see section H). Shared hosting accounts may also be terminated if it include the following content or have links to the following content: Providing material that is grossly offensive to the web community, including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing
instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material; displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
- STORAGE SPACE ABUSE: WellSpring Marketing will not tolerate any form of storage space abuse. At least 90% of your web pages must be linked with files (GIF, JPEG, etc.) stored on our servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to file deletion or account cancelation at our discretion, with or without prior notice. For hosting customers, your disk space will be unlimited unless you begin reaching bandwidth use limits. We will be the sole arbiter as to what constitutes a violation of this provision.
- BANDWIDTH ABUSE: The intention of WellSpring Marketing, LLC is to provide a large bandwidth to transfer web documents and not an offsite storage area for electronic files. If you violate this condition, you will be notified and given 48 hours to remedy the problem. Failure to do so will result in you being billed for the overages. Your plan includes 500 GB of bandwidth each month. Thereafter, a normal data transfer cost of $10.00 per gigabyte per month will be billed to your account. You will have 3 days to pay for your overages. Failure to do so will result in your website being disabled within 3 days of your first notice. We will be the sole arbiter as to what constitutes a violation of this provision.
D) 99.9% UPTIME GUARANTEE
- COVERAGE: This 99.9% uptime guarantee applies to any customer in good standing with WellSpring Marketing at the time of a service outage.
2) SERVICE LEVEL AGREEMENT (SLA) & SPECIFICATIONS:
WellSpring Marketing endeavors to have the content of your website available for HTTP access by any party in the world 99.9% of the time.
Network downtime (unavailability) is defined as 100% packet loss from WellSpring Marketing to its backbone providers. Downtime is measured past 10 minutes after notification of network failure to us via email at support@getwellspring.com. Our administrators will determine the end of the downtime by a traceroute to your hosting account from outside the WellSpring Marketing network.
i) SHARED HOSTING CREDITS: In the event that your website is unavailable for less than 99.9%, we will credit the following months service fee as follows. your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
ii) SHARED HOSTING MONTHLY UPTIME CREDIT:
- 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee;
- 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee;
- 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee.
4) MANAGED DEDICATED SERVER CREDITS:
For managed dedicated server customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customers services during the month and the calculated actual level of availability of the Customers services, multiplied by the actual charges incurred by you for the services during that monthly period. In addition, for managed dedicated servers, you may be entitled to additional credits as calculated below, measured 24 hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the downtime. You must request credit by filling out this form. The body of this message must contain the dates and times of the unavailability of your website and such other customer identification requested by us. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
1) RESTRICTIONS: Credit shall not be provided to you in the event that you have any outage resulting from:
- Scheduled maintenance as posted from time to time at WellSpring Marketing;
- Your behavior or the performance or failure of your equipment, facilities or applications,
- Circumstances beyond reasonable control of WellSpring Marketing, LLC, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site
- You breaking any agreement policy in our Terms & Conditions and AUP causing a machine to fail as a result.
E) TECHNICAL SUPPORT BOUNDARIES
WellSpring Marketing, LLC provides technical support for you that encompasses our area of expertise. Such expertise includes assistance, troubleshooting, and debugging of control panels an servers within our immediate responsibility as well as any other hosting related issues.
However, in under no circumstances is WellSpring Marketing, LLC neither obligated to help you with the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by you previously. We will only provide assistance in making sure any applications that are installed by us are working properly.
F) FILE SERVER
WellSpring Marketing, LLC installed and provides special file- servers on our network infrastructure for your benefit as a means of storage for electronic files and applications. All electronic files stored within WellSpring Marketing, LLC file-servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion without any further notifications. File- servers will not be backed up.
You are advised to have your own backup locally or elsewhere other than within the WellSpring Marketing servers. If you are found to not adhere to this Policy, the offending material(s) will be deleted from your hosting account without any prior notice.
G) BACKGROUND RUNNING PROGRAMS
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge may be incurred based on system resources used and operational maintenance needed. This section does not apply to MANAGED DEDICATED SERVERS.
H) WEBSITE MAINTENANCE AGREEMENT
WellSpring Marketing will provide ongoing website hosting services and up to 3 hours of standard website maintenance and technical support for your hosted website every three months, which includes:
- Guaranteed response for bug fixes and maintenance issues;
- Regular monitoring and updating to ensure performance across all the latest versions of Chrome, Firefox, Internet Explorer and Microsoft Edge, Safari, and mobile versions of Chrome and Safari;
- Security protection against hackers from gaining access to your site;
- Regular and thorough backups of your website so that it may be fully restored in case of loss.
We will monitor your website functionality to ensure that everything is working as it should and provide updates when
necessary. Software updates may be necessary to address security or stability issues in the software or to add new features and may include:
- Server-level updates (Linux, PHP, Nginx, Apache, and various submodules)
- Application-level updates to WordPress
- Plugin-level updates for specific functionality within the context of the CMS
- Front-end updates to HTML, CSS, and JavaScript
1) THE ADDITION OF NEW FEATURES OR CHANGES TO EXISTING FEATURES ON THE WEBSITE
If the time required to complete these changes exceeds the time allotted in the agreement, additional hours will be billed separately (See ADDITIONAL SERVICES).
2) CONSULTATION, ADVICE AND GUIDANCE ON THE USE OF THE WEBSITE
If any regular maintenance or software update procedure requires additional time to complete beyond the scope of this agreement WellSpring Marketing will notify the you in advance and any additional time will be billed separately. Support hours expire at the end of the quarter and do not roll over to the next maintenance quarter.
3) DEADLINES & DELIVERABLES
WellSpring Marketing will respond via email to all maintenance requests from you within 24 hours on weekdays with a confirmation that the request was received as well as an estimated completion date. Maintenance requests received after 5:00 PM CT on weekdays may not be completed until the next business day unless prior arrangements have been made.
We will make all reasonable efforts to adhere to all quoted deadlines for the deliverables in your maintenance requests. In the event that we have any issues in delivering on a quoted deadline, you will be notified via email the reasoning for any change.
4) ADDITIONAL SERVICES
Any revisions, additions, or redesigns that you request that we perform which is not specified in this document shall be considered “additional” and will require a separate agreement and payment. We will advise you on any requested work that falls within these bounds.
5) ACCESS AUTHORIZATION
To complete maintenance tasks, you hereby authorize WellSpring Marketing, LLC to access the web hosting account.
During the duration of this contract, you agree that WellSpring Marketing will be the sole provider of
maintenance services for the website, and no other party will have access to or rights to change the website. If a party other than us makes changes to the website, any errors that are created must be repaired and will be charged $225 per hour.
I) PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. We reserve the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within 14 days of e-mail notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you Let us know you are requesting to terminate services. All payment is in U.S. currency.
It is our policy to bill each client $50 per returned check, and per credit card chargeback received. All hosting accounts are set up on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length.
There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during the current cycle, there will be a $35 fee.
Please contact the billing department should you wish to change your anniversary billing cycle.
J) CANCELATION OF SERVICE
While we never intend to cancel a good customer’s account, we reserve the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancelation. Any violation of policies that results in extra costs billed to you (i.e., transfer, space, etc.). All of our plans are backed by a 30-day money-back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees, and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If you cancel, the full contract amount, less any setup fees and overages, will be refunded if we are notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, additional disk space, domain registration fees, etc. For credit card payments, refunds will be made to make available to the customer after the 120th day. A refund policy will not be made available to customers using wire transfers.
K) PROMOTIONAL RATES & SPECIAL OFFERS
WellSpring Marketing may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern.
Different promotional fees and special offers may not be combined together.
L) INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through WellSpring Marketing services may be subject to protection under the United States or other copyright laws or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, you must not use WellSpring Marketing or its servers and network in a manner that would infringe, violate, dilute, or misappropriate any such rights with respect to any material that you access or receive through our network. If you use a domain name in connection with WellSpring Marketing or a similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
M) NETWORK SECURITY
You may not use our network in an attempt to circumvent user authentication or security of any host, network, or account. This includes but is not limited to accessing data not intended for you, logging into a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
N) ELECTRONIC COMMERCE
You will be solely responsible for the development, operation, and maintenance of your online store and products along with all content and materials appearing online or on your products, including, without limitation:
1) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
2) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
3) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal.
You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information. You may access as a result of conducting electronic commerce transactions through Your website. You will keep all such information confidential and will comply with all electronic commerce regulations.
O) STATIC & DYNAMIC CONTENT CACHING
You expressly:
1) Grant to WellSpring Marketing, LLC a license to cache the entirety of your website, including content supplied by third parties, hosted by us under this Agreement and,
2) Agree that such caching is not an infringement of any of your intellectual property rights or any third-party intellectual property rights.
P) IP ADDRESS OWNERSHIP
WellSpring Marketing shall maintain and control ownership of all IP numbers and addresses that may be assigned to you. We reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses.
Q) LAWFUL PURPOSE
WellSpring Marketing reserves the right to refuse service to anyone. You may only use our server for lawful purposes, and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes but is not limited to material protected by copyright, trademark, trade secret, or other intellectual property rights used without proper authorization and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated Warez, OGG, AVI, MPEG, ISO, hacker programs or archives, Copyrighted Digital Movie Copies (DIVX) and Unlicensed MP3. The designation of any materials as described above is left entirely to our discretion. If illegal content or usage is found, the account will be suspended and/or terminated. You agree that we may disclose any and all of your information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, you agree that for purposes of venue, this contract is entered in Omaha, Nebraska, and any dispute will be litigated or arbitrated in Douglas County, Nebraska. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Douglas County, Nebraska courts.
IN NO EVENT SHALL WELLSPRING MARKETING, LLC MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
R) INDEMNIFICATION
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WELLSPRING MARKETING, LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEYS FEES ASSERTED AGAINST WELLSPRING MARKETING, LLC, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WELLSPRING MARKETING, LLC AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WELLSPRING MARKETING, LLC SERVERS; (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT, AND; (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WELLSPRING MARKETING, LLC SERVERS.
S) DISCLAIMER
WELLSPRING MARKETING, LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WELLSPRING MARKETING, LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WELLSPRING MARKETING, LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WELLSPRING MARKETING, LLC AND ITS EMPLOYEES. WELLSPRING MARKETING, LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WELLSPRING MARKETING, LLC MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.