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Web Hosting Terms and Conditions

1 Introduction

Welcome to David Smith Consulting, LLC (“DSC”).    These terms and conditions outline the rules and regulations for the use of our services. By accessing or using our services, you agree to comply with these terms.

2 Services Provided

  • DSC offers the following services:
    • Consulting services related to website development and maintenance.
    • Reselling of hosting services provided by SiteGround.

3 Account Registration

  • To use our services, you may need to maintain an account. You agree to provide accurate and complete information and to keep this information up-to-date.

4 Use of Services

  • You agree to use our services only for lawful purposes and in a manner that does not infringe the rights of or restrict the use of our services by any third party.
  • You must not use our services to transmit any harmful or offensive material.

5 Hosting Services

  • DSC provided hosting services via our partner SiteGround. By using our hosting services, you agree to comply with SiteGround’s terms and conditions, which can be found here.
  • DSC is not responsible for any downtime or issues related to SiteGround’s services.

6 Payment Terms

  • All services are provided on a prepaid basis.
  • Payment must be made in advance according to the agreed-upon fee schedule.
  • Invoices are due within 30 days of the invoice date. Late payments may result in suspension or termination of services.

7 Termination

  • You may terminate your account at any time by providing written notice to DSC.
  • DSC reserves the right to terminate your account if you violate these terms and conditions.

8 Limitation of Liability

  • DSC will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services.
  • Our total liability to you for any claim arising out of or relating to our services will not exceed the amount paid by you for the services in the six months preceding the claim.

9 Indemnification

  • You agree to indemnify and hold harmless [Your Business Name], its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of our services.

10 Changes to Terms

  • DSC reserves the right to update or change these terms and conditions at any time. Any changes will be effective immediately upon posting the revised terms on our website.

11 Governing Law and Arbitration

  • These terms and conditions are governed by and construed in accordance with the laws of Maryland.

11.1  Arbitration Agreement:

  • Any disputes arising out of or relating to these terms and conditions, or the breach thereof, shall be resolved by binding arbitration administered by an arbitration organization in Wicomico County Maryland in accordance with its rules and procedures.
  • The place of arbitration shall be Salisbury, Maryland. The language of the arbitration shall be English.
  • The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11.2  Exception:

  • Either party may seek interim or preliminary relief from a court of competent jurisdiction in Maryland as necessary to protect the party’s rights or property pending the completion of arbitration.

11.3  Waiver of Jury Trial:

  • You and DSC hereby waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration.

11.4  Opt-out:

  • You may opt-out of this arbitration clause by providing written notice of your decision to opt-out to DSC within 30 days of first accepting these terms and conditions.

12 Contact Information

  • If you have any questions about these terms and conditions, please contact us at david@davidrs.net