AgencyPortal Terms of Service
1. Introduction
Welcome to AgencyPortal. These Terms of Service (“Terms”) govern your use of AgencyPortal’s website, services, and applications (the “Services”). By using the Services, you agree to these Terms.
2. Changes to Terms
AgencyPortal reserves the right to modify or revise these Terms at any time at our sole discretion. If we make changes, we will try to provide you with notice (for example, through your account or an email). However, it is your responsibility to review these Terms periodically. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.
3. Account Registration
You must provide accurate and complete information when creating an account and using our Services. You are entirely responsible for maintaining the confidentiality of your login credentials and any activities that occur under your account.
4. Payments, Cancellations, and Refunds
a. Payment Policy:
- Payment Obligation: Clients are responsible for paying all fees associated with the use of AgencyPortal’s services. AgencyPortal will bill on an annual or monthly basis, starting on the service commencement date.
- Accepted Methods: Payments can be made by credit card, PayPal, or other payment methods specified on our website.
- Late Payments: Payments not received by the due date will accrue late fees at 2% per month. AgencyPortal reserves the right to suspend or terminate services for accounts in arrears.
b. Refund Policy:
- Service Dissatisfaction: If clients are unsatisfied with our services, they must notify us within 30 days from the service commencement date. Eligible clients may receive a full refund of the amount paid for the hosting service, excluding any setup fees or domain registration costs.
- Non-refundable Fees: Certain fees are non-refundable, including domain registration fees, SSL certificate fees, and any additional services added to the hosting package.
- Violations: Clients in violation of our Terms of Service are not eligible for a refund.
c. Cancellation Policy:
- Cancellation Notice: Clients wishing to cancel their services must provide written notice 15 days before the next billing cycle. This notice must be sent through the client’s AgencyPortal account dashboard or via official email.
- Cancellation Fees: There is no cancellation fee for terminating your account; however, clients are responsible for any outstanding balance on the account up to the effective date of cancellation.
- Post-Cancellation: Upon cancellation, all of your data will be deleted from our servers after 90 days. Please make sure to back up all your data before initiating the cancellation.
d. Automatic Renewal:
- Unless otherwise specified in the service terms, your hosting services will automatically renew at the end of each service period, repeating the length of the previous service period, utilizing the payment method on file.
e. Changes to Services and Prices:
- AgencyPortal reserves the right to change the prices of its services and will communicate any price changes to clients 30 days in advance. Continued use of AgencyPortal services after changes in prices constitutes your agreement to the new prices.
5. Use of Services
a. General Use:
- Clients agree to use AgencyPortal’s services in accordance with all applicable local, state, national, and international laws and regulations. The responsibility for all activities occurring under a client’s account lies with the client, along with any consequences of such activities.
b. Content Responsibility:
- Clients acknowledge sole responsibility for all materials of any kind that are uploaded, posted, or otherwise transmitted through their AgencyPortal account. AgencyPortal does not control and is not responsible for any content provided by its clients’ services and does not guarantee the accuracy, integrity, or quality of such content.
c. Prohibited Use:
- Clients must refrain from using AgencyPortal’s services to: commit or promote illegal activities; send or store infringing or unlawful material; transmit any viruses or malicious code; harass, threaten, or impersonate others; send spam or unsolicited messages; or for any abusive, invasive, infringing, defamatory, or fraudulent purpose. AgencyPortal reserves the right to terminate services with immediate effect for any client engaging in prohibited use.
d. Resource Usage and Fair Use Policy:
- Clients agree not to place excessive burdens on the server, network resources, or other clients. AgencyPortal reserves the right, in its sole discretion, to determine what constitutes excessive use and to either throttle the client’s resource usage or suspend/terminate the client’s account.
e. Security:
- Clients must take reasonable security precautions in connection with their use of the services. This includes protecting account information, passwords, and other confidential information relating to your AgencyPortal account.
f. Backups:
- While AgencyPortal takes all reasonable steps to secure data, clients are responsible for their own data and the proper configuration and maintenance of backups. AgencyPortal shall not be liable for any data loss.
g. Third-Party Applications and Services:
- AgencyPortal may allow clients to integrate third-party applications or services with the AgencyPortal services. Clients acknowledge that AgencyPortal does not control third-party applications or services and shall not be responsible for their availability, functionality, or any content or data transmitted through such third-party applications.
h. Changes to Services:
- AgencyPortal reserves the right to modify, change, or discontinue any aspect of the services at any time, including features, pricing, updates, or other information.
i. Compliance with Policies:
- Clients agree to comply with all AgencyPortal policies and procedures. Non-compliance may result in suspension or termination of services.
6. Hosting Services
a. Service Provision: AgencyPortal agrees to provide web hosting services to the client, subject to the following terms and conditions. These services include server space, bandwidth, and other features explicitly listed in the client’s chosen hosting package.
b. Service Availability: AgencyPortal aims for service uptime of 99.9% but does not guarantee this level of service due to the unpredictable nature of technology and online environments. Maintenance, security, or emergency operations may lead to temporary service interruptions.
c. Data Backup: While AgencyPortal takes all necessary precautions to secure and backup data, we are not responsible for any loss of client data stored or intended to be stored on the hosting servers and/or backup devices. We strongly recommend that clients keep separate backups of their website data.
d. Acceptable Use: Clients agree to use hosting services for lawful purposes only and not to host, publish, or share material that is illegal, harmful, abusive, obscene, threatening, libelous, or otherwise objectionable. This includes, but is not limited to, fraud, malware, phishing scams, spam, or content violating any party’s intellectual property.
e. Resource Usage: Client websites should not use excessive amounts of server resources (bandwidth, disk space, CPU, etc.). The client agrees that AgencyPortal has the right, at its sole discretion, to suspend or terminate services of any account that is using excessive resources, which may have an impact on the server’s performance or the performance of other websites hosted on the same server.
f. Security: Clients are responsible for any misuse of their account and must take steps to ensure that unauthorized persons do not gain access to or misuse their account. AgencyPortal implements robust security measures to safeguard client data, though we do not guarantee these security measures will prevent “hackers” from illegally obtaining this information.
g. Changes to Hosting Services: AgencyPortal reserves the right to add, modify, or remove any features of the hosting services at its discretion. We will provide notice of changes affecting the use of services or the terms governing the services.
h. Termination of Services: Either party may terminate the services at any time. Clients must notify AgencyPortal in writing of their intention to terminate services. Prepaid fees for hosting services will not be refunded.
i. Indemnification: The client agrees to indemnify and hold harmless AgencyPortal, its affiliates, subsidiaries, agents, and employees from and against any loss, liability, damage, penalty, or expense (including attorneys’ fees, expert witness fees, and cost of defense) they may suffer or incur as a result of (i) any failure by Client or any employee, agent, contractor, or third party who has access to Client’s account, to comply with the terms of this Agreement; (ii) any warranty or representation made by Client being false or misleading; (iii) any intellectual property infringement by Client; or (iv) any other claim related to Client’s use of our services.
7. Intellectual Property
All content, logos, graphics, etc., used in connection with the Services are the property of AgencyPortal or its licensors. You cannot use, copy, adapt, modify, prepare derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services or content, except as expressly permitted by AgencyPortal.
8. Termination
We may terminate or suspend your access to the Services at any time, with or without cause, with or without notice.
9. Disclaimer of Warranties
Our Services are provided “as is.” AgencyPortal hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, AgencyPortal shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses resulting from (A) your use or inability to use the Services; (B) unauthorized access to or use of your account; or (C) any other matters related to the Services.
11. Governing Law
These Terms are governed by the laws of Connecticut, without regard to its conflict of law provisions.
12. Feedback and Complaints
Any feedback you provide is deemed non-confidential and non-proprietary. AgencyPortal shall be free to use such information on an unrestricted basis.
13. Contact Information
If you have any questions about these Terms, please contact us at info@agency-portal.io.
Last Updated: October 12, 2023