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Hosting Agreement

Last updated: September 14, 2026

This Hosting Agreement (“Agreement”) is entered into by and between Matthew James Creative, LLC (“MJC,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”). By using our hosting, maintenance, or related services, you agree to the terms below. This Agreement should be read together with our Acceptable Use Policy (AUP) and Terms of Service (TOS).

01Definitions

  1. Customer / Client means the persons, entity, agents, or authorized representatives accepting this Agreement.
  2. Content means all text, pictures, sound, graphics, video, links, and other data stored by Client on MJC’s server computers.
  3. Website means pages presenting the Content stored by Client on MJC’s server computers.
  4. User means users of Client’s Website.
  5. User Content means all text, pictures, sound, graphics, video, links, and other data stored by Users on MJC’s server computers.
  6. Confidential Information means information that Client takes reasonable steps to maintain in confidence and identifies in writing to MJC as confidential.
  7. Services means hosting, website maintenance, SEO, digital advertising, or other services provided by MJC.
  8. Statement of Work (SOW) means a signed document between MJC and Client that defines scope, deliverables, timelines, and fees for specified services.
  9. Downtime means any period in which a website is unavailable, whether caused by hosting, third-party systems, Client actions, or external events.

02Web Hosting

  1. Hosting. MJC will provide dedicated or shared server computers, as specified during signup or in an order form, with an Internet address for storage and access of Content, User Content, and the Website. The Website, Content, and User Content must be “server-ready.” MJC will provide bandwidth and storage as specified. If Client requires additional bandwidth or storage, the parties will negotiate in good faith to amend this Agreement subject to platform capacity.
  2. Website Backup. MJC will back up the Website in a commercially reasonable manner for disaster recovery. MJC is not responsible for lost Content or User Content. Backup retention is typically no longer than 30 days and is intended for disaster recovery, not granular file restoration. At Client’s expense and upon written request, MJC may provide an electronic copy of Client Content and Client data from an available backup.
  3. Server Logs. Upon request, MJC may provide server activity logs. Additional storage/processing fees may apply for oversized logs.
  4. Standards.
    1. Availability. Hosting will meet reasonable commercial standards for packet loss, accessibility, latency, availability, and throughput. No service can be 100% uninterrupted.
    2. Security. MJC will take commercially reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on MJC’s servers.
    3. Maintenance & Outages. MJC may schedule maintenance and will use reasonable efforts to provide advance notice. Emergency maintenance may occur without notice.
    4. Disclaimers. MJC provides no equipment, software, or communication connections to Client and makes no warranty that Client’s equipment, software, or connections will be compatible with MJC’s hardware or services.

03Ownership of Content

All Content and User Content stored by Client on MJC’s server computers remains the property of Client. Client grants MJC a non-exclusive, worldwide license to the Content and User Content only to the extent necessary for MJC to host and provide the Services.

04Content Control

  1. Lawful Purpose. Client will only use MJC’s hardware and services for lawful purposes and will not store or provide any Content or User Content, or link to any material, that violates law, this Agreement, the TOS, the AUP, or any other posted MJC policy.
  2. Remedy for Violation. If MJC becomes aware of a violation, MJC may remove the offending material, suspend or terminate hosting under Section 6.3, and/or notify authorities. Reinstatement is at MJC’s sole discretion upon adequate proof of Client’s right to use such Content.

05Payments

  1. Fees. Client shall pay the fees agreed upon during account signup or in writing. Hosting is billed in advance (typically annually unless otherwise agreed). Payment is due within thirty (30) days of invoice. Past-due balances may accrue a late fee of up to one and one-half percent (1.5%) per month or the maximum permitted by law, whichever is less.
  2. Returned Payments. Returned checks or failed payments may incur additional fees.
  3. Account Updates. Client must maintain accurate billing information (including payment method, email, and mailing address).
  4. Taxes. Client is solely responsible for any taxes or fees payable for products or services sold on the Website and for applicable taxes on Services purchased from MJC.

06Term and Termination

  1. Term. The initial term is agreed upon during account signup. After the initial term, this Agreement auto-renews on a year-to-year basis until terminated.
  2. Termination by Client. During the initial term, Client may terminate this Agreement for MJC’s material breach that remains uncured thirty (30) days after written notice. The cure period may be extended for delays caused by events beyond MJC’s control (e.g., natural disasters, governmental actions, vendor faults). After the initial term, Client may terminate upon fourteen (14) days’ written notice.
  3. Termination by MJC. MJC may immediately suspend or terminate for cause at any time without penalty, including for violations of law, non-payment, breach of this Agreement, violations of the TOS or AUP, or other MJC policies. MJC may terminate without cause upon thirty (30) days’ written notice.
  4. Effect of Termination. On termination, MJC will release the domain registration on request and return Client Content and Client data, and will then deactivate the hosted site. Post-termination access is not guaranteed and may be subject to fees.

07Website Maintenance, SEO, and Advertising

  1. Scope. Unless explicitly included in a written services agreement, hosting does not include ongoing website maintenance, WordPress/core/plugin/theme updates, performance tuning, content changes, SEO, analytics, conversion optimization, or advertising management.
  2. No Performance Guarantees. MJC does not guarantee rankings, traffic, conversions, revenue, ROI, lead volume/quality, or any specific business outcomes.
  3. Discretionary Assistance. Any work performed outside of contract is discretionary, done “as-is,” and does not create continuing obligations or liability.
  4. Client Responsibilities. Client is ultimately responsible for updates, backups, and security unless enrolled in an MJC maintenance plan that expressly covers such tasks. If Client declines updates, Client assumes all risks arising from outdated software (including vulnerabilities, incompatibilities, and downtime).
  5. Paid Advertising. Any paid advertising (e.g., search, social, display, shopping) is governed by a separate budget and, if engaged, a signed SOW or order form and the TOS. Platform policies, approvals, suspensions, and performance outcomes are outside of MJC’s control.

08Disclaimer of Warranties

ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MJC DISCLAIMS ALL WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, OR ERROR-FREE/UNINTERRUPTED OPERATION.

09Limitation of Liability

  1. No Consequential Damages. MJC, its owners, employees, affiliates, agents, and vendors shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including without limitation lost profits, lost sales, lost business, loss of goodwill, loss or corruption of data, or business interruption, even if advised of the possibility of such damages.
  2. Specific Exclusions. Without limiting the foregoing, MJC shall not be liable for (a) downtime or website crashes from any cause; (b) vulnerabilities or exploits in third-party software, plugins, themes, or platforms; (c) delays or failures caused by Client, third-party vendors, or force majeure events; (d) SEO or advertising performance; or (e) any losses arising from Client’s failure to maintain updates, backups, or security.
  3. Liability Cap. MJC’s total aggregate liability for any and all claims relating to hosting or related Services shall not exceed the total fees paid by Client to MJC for hosting in the twelve (12) months preceding the event giving rise to the claim.
  4. Sole Remedy. Client’s sole and exclusive remedy for dissatisfaction with the Services is to discontinue use and, where applicable, receive a refund limited by the Liability Cap above.

10Customer Indemnity

Client shall defend, indemnify, and hold harmless MJC, its owners, employees, contractors, affiliates, and vendors from and against any third-party claim, action, suit, or proceeding, and all related losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or related to Client Content, Client’s use of the Services, Client’s breach of this Agreement, or claims related to Client’s website, operations, or products/services.

11General Provisions

  1. Governing Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles. Both parties consent to exclusive jurisdiction and venue in Allegheny County, Pennsylvania, USA.
  2. Severability; Waiver. If any provision is held invalid or unenforceable, the remaining provisions remain in full force. A waiver of any breach is not a waiver of any other or subsequent breach.
  3. Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement; neither party may bind the other.
  4. Attorneys’ Fees. In any action to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorneys’ fees, expert fees, and costs.
  5. Updates to Terms. MJC may modify this Agreement and/or the referenced AUP and TOS at any time by posting updated versions on our website. Continued use of the Services after changes are posted constitutes acceptance of the revised terms.
  6. Entire Agreement; Order of Precedence. This Agreement, together with the AUP and TOS, and any signed order forms or statements of work, constitutes the entire agreement regarding the Services and supersedes prior or contemporaneous understandings. In the event of a conflict the order of precedence is: a signed SOW or order form (if any); then any applicable program agreement (the Digital Visibility Program Agreement or the SEO Contract Agreement); then this Agreement; then the TOS; then the AUP.
Related Documents
Privacy Policy
How MJC handles information collected on this site.
Terms of Service
The master terms governing all MJC services.
Acceptable Use Policy
What may and may not be done on MJC-provided services.
SEO Contract Agreement
Terms for MJC search-visibility and SEO programs.
Digital Visibility Program Agreement
Terms for clients enrolled in the Digital Visibility Program.

Questions about this document? Email solutions@matthewjamescreative.com or call (412) 508-8085.