TERMS OF SERVICE

These Terms of Service (“Terms”) govern the purchase and use of services provided by Cork Data Solutions (“Cork Data,” “we,” “us,” or “our”). By purchasing, accessing, or using our services, you (“Client,” “you,” or “your”) agree to these Terms.

If you do not agree to these Terms, you should not purchase or use our services.

Services

Cork Data Solutions provides technology services that may include:

• Website hosting
• Managed WordPress hosting
• Website design and development
• Website maintenance and updates
• Website migration
• Domain name and DNS assistance or management
• SSL certificate configuration
• Website backups and restoration
• Website analytics and reporting
• Business email setup or administration
• Google Workspace and Microsoft 365 assistance
• Small-business IT support
• Network, computer, software, and related technical support
• Other services agreed upon between Cork Data and the Client

The exact services included depend on the plan, proposal, invoice, statement of work, or other service description agreed to by the Client.

Services outside the scope of an existing plan may require additional fees or a separate estimate.

Hosting Plans

Self-Service Hosting

Self-Service Hosting provides website hosting infrastructure but does not include routine website management.

Unless otherwise stated, the Client is responsible for managing their WordPress installation, including content, plugins, themes, updates, and website configuration. Cork Data may provide assistance with hosting-related issues, but website maintenance, development, troubleshooting, or repair outside the hosting service may be billed separately.

Managed Hosting

Managed Hosting may include WordPress core, plugin and theme maintenance, troubleshooting, backups, SSL configuration, domain or DNS assistance, and minor website updates as described in the applicable plan. Work that constitutes substantial website redesign, redevelopment, custom programming, or other project work is not included unless specifically stated.

Business Managed Hosting

Business Managed Hosting may include enhanced website management, more frequent backups, priority support, analytics reporting, routine website updates, and additional management services as described in the applicable plan. Custom development, substantial redesigns, new functionality, and large projects may require a separate estimate.

Account Setup and Provisioning

Hosting accounts are provisioned after Cork Data receives the information and payment necessary to establish the service.

Provisioning may not be immediate. Cork Data may need to manually review a hosting order, website, domain, migration request, or technical requirements before activating service. Temporary website addresses using a Cork Data-controlled domain, including addresses ending in .corkhost.com, may be provided during setup. Such addresses remain under the ownership and control of Cork Data and may be changed or withdrawn when necessary.

Website Migrations

Qualifying WordPress website migrations may be included with certain hosting plans.

Before performing a migration, Cork Data may review the existing website, hosting environment, software, database, file size, configuration, and other technical requirements. An included migration does not include substantial reconstruction, redesign, repair, malware remediation, conversion from another website platform, or correction of problems that existed before migration unless specifically agreed upon. Complex migrations may require a separate fee or estimate.

Cork Data cannot guarantee that every website, plugin, theme, integration, or feature will operate identically after being moved to a different server or hosting environment.

Client Responsibilities

The Client agrees to:

• Provide accurate contact, billing, domain, and technical information.
• Maintain current contact information.
• Provide Cork Data with reasonable access necessary to perform requested services.
• Maintain appropriate licenses for software, themes, plugins, images, fonts, and other materials used on the Client’s website.
• Ensure that content stored or published through the service complies with applicable law.
• Maintain secure passwords and account credentials.
• Promptly notify Cork Data of suspected unauthorized access or security incidents.
• Review website content, functionality, and changes made at the Client’s request.

The Client is responsible for the legality, accuracy, and ownership or authorization of content provided to Cork Data.

Acceptable Use

Services may not be used to host, distribute, facilitate, or promote:

• Illegal content or activities
• Malware, viruses, ransomware, or malicious software
• Phishing or credential theft
• Unauthorized network scanning or attacks
• Spam or unsolicited bulk messaging
• Copyright-infringing material
• Fraudulent or deceptive activities
• Material that violates another person’s intellectual property or legal rights
• Activities intended to interfere with Cork Data systems or other customers

Cork Data may suspend or terminate services when reasonably necessary to protect its infrastructure, other customers, third parties, or the public.

Domains and DNS

When Cork Data assists with a domain name, the Client remains responsible for maintaining ownership of the domain unless expressly agreed otherwise. Domain registration and renewal may be provided through third-party registrars. The Client is responsible for providing accurate registrant information and paying applicable registration or renewal charges.

If Cork Data manages DNS for a Client, the Client authorizes Cork Data to create and modify DNS records as reasonably necessary to provide the requested services. Domain registrations and renewals are subject to the policies and availability of the applicable registrar and registry. Cork Data cannot guarantee that a particular domain name will remain available until registration has been successfully completed.

Third-Party Services

Some services rely on third-party providers, which may include hosting infrastructure providers, domain registrars, Cloudflare, Google, Microsoft, Stripe, analytics providers, WordPress plugins, software vendors, and other service providers. The Client may also be required to agree to the terms and policies of those providers.

Cork Data is not responsible for outages, service changes, account restrictions, price changes, data loss, discontinued functionality, or other acts or omissions of a third-party provider that are outside Cork Data’s reasonable control.

Business Email Services

Cork Data may assist with the setup or management of third-party email services such as Google Workspace or Microsoft 365. Unless expressly stated otherwise, email accounts and licenses are provided by the applicable third-party provider rather than Cork Data.

Third-party licensing fees may be charged separately.

Cork Data does not guarantee uninterrupted delivery or receipt of email and is not responsible for filtering, blocking, spam classification, outages, or other actions taken by external email providers.

Backups

Certain hosting plans include automated backups according to the features described for that plan. Backup schedules and retention periods may vary by plan.

Although Cork Data takes reasonable measures to maintain backups when included with a service, no backup system is guaranteed to be complete or error-free. Clients should maintain independent copies of critical business information and content where appropriate. Cork Data does not guarantee that every file, email, database record, configuration, or previous version of a website can be recovered.

Security

Cork Data uses reasonable technical and administrative measures intended to protect systems under its management. However, no website, server, network, software platform, or Internet-connected system can be guaranteed to be completely secure. The Client acknowledges that vulnerabilities may arise from software, plugins, themes, passwords, third-party services, user activity, or previously compromised systems.

Cork Data does not guarantee that a website or system will never be hacked, compromised, infected, disrupted, or otherwise accessed without authorization. California law imposes notification requirements in certain circumstances when specified personal information is acquired, or reasonably believed to have been acquired, by an unauthorized person.

Website Updates and Managed Services

Website updates included with a managed hosting plan are intended for routine changes such as reasonable text changes, image replacements, contact-information updates, and similar maintenance.

Unless otherwise agreed, included updates do not cover:

• Full page redesigns
• New websites or major new sections
• Custom applications
• Significant custom programming
• E-commerce development
• Complex third-party integrations
• Major branding changes
• Extensive content creation
• Search engine optimization campaigns

Cork Data may determine when requested work exceeds the scope of a hosting or management plan and requires a separate quote.

Website Design and Development

Website design and development projects may be governed by an additional proposal, statement of work, estimate, or agreement.

Unless otherwise specified, changes outside the agreed project scope may result in additional charges.

Project schedules depend in part on the Client providing requested content, approvals, credentials, and feedback in a timely manner.

Delays by the Client may result in corresponding project delays.

Analytics and Reporting

Analytics information provided through reports or the Cork Data client portal may rely on third-party services such as Google Analytics and Google Search Console.

Analytics information is provided for informational purposes.

Cork Data does not guarantee the completeness or accuracy of data reported by third-party analytics providers and does not guarantee specific website traffic, rankings, leads, conversions, revenue, or search-engine performance.

Fees and Payment

The Client agrees to pay all charges associated with the selected services.

One-time projects may require deposits, milestone payments, or payment in full as specified in the applicable invoice or proposal.

Hosting services are billed on a recurring basis according to the billing period shown at checkout or on the applicable invoice.

Failure to pay amounts when due may result in suspension or termination of services.

Cork Data may charge reasonable fees for work outside the scope of an existing plan after notifying the Client of the additional cost.

Recurring Hosting and Automatic Renewal

Hosting plans continue on a recurring basis until canceled.

For monthly hosting plans, the Client will be charged the applicable monthly hosting fee each billing period unless the service is canceled.

The price, billing frequency, and material conditions of the recurring service will be disclosed before enrollment.

By purchasing a recurring hosting service, the Client authorizes recurring charges according to the billing terms presented at checkout.

Cork Data will provide a method for cancellation that complies with applicable law.

California’s Automatic Renewal Law requires businesses offering covered automatically renewing services to obtain affirmative consent to the renewal terms and provide consumers with a straightforward cancellation method.

Price Changes

Cork Data may change service prices from time to time.

Existing Clients will receive reasonable notice before a pricing change applies to their recurring service when notice is required by law or these Terms.

Continued use of the service after the effective date of a properly disclosed price change constitutes acceptance of the new pricing to the extent permitted by law.

Cancellation

Clients may request cancellation through the Cork Data client portal, support system, or another cancellation method Cork Data makes available.

Cancellation prevents future renewals but does not ordinarily provide a refund for a billing period that has already begun, except where required by law or otherwise agreed by Cork Data.

The Client remains responsible for any unpaid charges incurred before cancellation.

After cancellation becomes effective, Cork Data may disable the website, hosting account, associated management services, and Cork Data-provided temporary addresses.

Data Following Cancellation

Clients are responsible for obtaining any website files, databases, content, email information, or other data they wish to retain before service termination.

Cork Data may retain data temporarily after termination for operational or backup purposes, but is not obligated to maintain Client data indefinitely.

Cork Data may permanently delete data associated with a terminated account after a reasonable period.

The Client should request any desired migration or export before cancellation is completed.

Suspension and Termination

Cork Data may suspend or terminate services for reasons including:

• Nonpayment
• Violation of these Terms
• Illegal activity
• Security threats
• Abuse of infrastructure
• Material interference with other customers
• Fraud
• Excessive resource consumption that threatens system stability
• Requests from law enforcement or other legally authorized parties where applicable

When practical, Cork Data will attempt to provide notice and an opportunity to correct a problem before termination.

Immediate suspension may occur when necessary to protect security, infrastructure, or third parties.

Resource Usage

Hosting services are intended for normal website operation.

Cork Data may contact a Client or require a service change if a website uses unreasonable amounts of CPU, memory, storage, bandwidth, database resources, email resources, or other infrastructure relative to the selected service.

Cork Data may temporarily restrict resource usage when necessary to protect server stability.

Service Availability

Cork Data works to maintain reliable services but does not guarantee uninterrupted or error-free availability unless a separate written service-level agreement specifically provides such a guarantee.

Maintenance, software updates, Internet failures, security incidents, hardware failures, third-party outages, attacks, circumstances beyond Cork Data’s reasonable control, and other events may result in temporary service interruptions.

Support

Support availability and response priority depend on the Client’s service plan.

Support response times are targets unless expressly identified in a separate written agreement as guaranteed response times.

A support response does not necessarily mean that an issue will be resolved within the same period.

Intellectual Property

The Client retains ownership of content and intellectual property that the Client provides to Cork Data.

The Client grants Cork Data the limited permission necessary to access, copy, modify, host, transmit, and otherwise use such materials solely as reasonably necessary to provide the requested services.

Unless otherwise agreed, Cork Data retains ownership of its pre-existing tools, systems, processes, scripts, templates, software, know-how, and other intellectual property.

Ownership of custom work created specifically for a Client may be addressed by the applicable project agreement or proposal.

Confidentiality

Cork Data will use reasonable care when handling nonpublic Client information obtained in connection with providing services.

This does not prevent Cork Data from sharing information with service providers when reasonably necessary to provide the requested services or comply with legal obligations.

No Guarantee of Business Results

Cork Data does not guarantee that a website, hosting service, search optimization effort, analytics service, or other technology service will produce any specific financial result.

Cork Data does not guarantee specific:

• Search rankings
• Website traffic
• Leads
• Sales
• Revenue
• Conversion rates
• Business growth

Disclaimer of Warranties

To the fullest extent permitted by law, services are provided on an “as available” basis.

Except for warranties that cannot legally be excluded, Cork Data disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms limits rights that cannot legally be waived.

Limitation of Liability

To the fullest extent permitted by applicable law, Cork Data will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the services, including lost profits, lost revenue, lost business opportunities, or loss of data.

To the fullest extent permitted by law, Cork Data’s aggregate liability arising from a particular service will not exceed the amount paid by the Client to Cork Data for that service during the three months immediately preceding the event giving rise to the claim.

This limitation does not apply where applicable law prohibits such a limitation.

Indemnification

To the extent permitted by law, the Client agrees to defend, indemnify, and hold Cork Data harmless from third-party claims arising from:

• Content supplied by the Client
• The Client’s unlawful use of the services
• The Client’s infringement of third-party rights
• The Client’s violation of these Terms

This provision does not require the Client to indemnify Cork Data for liability that applicable law does not permit to be shifted to the Client.

Changes to Services

Cork Data may modify technical configurations, hosting infrastructure, software, service providers, or operational procedures when reasonably necessary to maintain or improve services. Material reductions to paid services will be handled in accordance with applicable law and any specific agreement governing the service.

Changes to These Terms

Cork Data may update these Terms from time to time. When appropriate or legally required, Clients will be provided notice of material changes. The “Last Updated” date at the top of this document identifies the most recent revision.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute shall be brought in an appropriate court having jurisdiction in California, unless the parties agree to another method of dispute resolution.

Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

Entire Agreement

These Terms, together with any applicable proposal, invoice, statement of work, service description, privacy policy, or other written agreement between Cork Data and the Client, constitute the agreement governing the applicable services. If a separately signed agreement expressly conflicts with these Terms, the separately signed agreement will control with respect to that conflict.

Contact

Questions regarding these Terms or Cork Data services may be submitted through the Cork Data website or client support portal.