Legal
Terms of service
The agreement between you and us when you buy managed hosting from Website Guardians. Written to be read, not to be survived.
Who this agreement is with
These terms are between you (the "Customer") and Kyoken Labs Inc., a New York corporation trading as Website Guardians ("we", "us"). By placing an order, using the service or paying an invoice, you agree to them.
If you are agreeing on behalf of a company, you confirm you are authorised to bind it.
What we provide
Managed website hosting and maintenance at the plan level you select. The plans and what each includes are published at websiteguardians.com/pricing and form part of this agreement.
In every plan we provide the hosting environment, take and retain backups, apply software updates, apply security hardening, monitor availability, and provide support at the response target in the service level agreement.
What we do not provide: website design, development of new features, content writing, marketing, search engine optimisation, or legal and regulatory compliance advice. Where a plan includes a content edit allowance, that means changes to existing pages, not new development.
Your website and your content
You own your website. Your content, your code, your database, your domain name and your customer data remain yours throughout and after this agreement. We claim no licence to them beyond what is necessary to host, back up and maintain the site on your behalf.
You are responsible for having the right to publish everything on the site, and for the site complying with the laws that apply to your business.
Your obligations
- Keep your billing and contact details current. A large share of hosting problems are really an unreachable customer.
- Use the service within the acceptable use policy.
- Do not resell the service or host a third party's website on your plan without telling us.
- Keep your own credentials secure, and tell us promptly if you believe they are compromised.
- Tell us before you or anyone acting for you makes a significant change to the site — installing new software, changing DNS, or pointing the domain elsewhere.
Third-party access
Many customers have a web developer, a marketing agency or an internal person who also works on the site. That is normal and we support it.
What we ask is that you tell us who they are. We will give them appropriate access at your instruction. We are not responsible for problems caused by changes made by someone other than us, and where a third party's change breaks the site we will restore it from backup and tell you plainly what happened.
Fees, billing and price changes
Plans are billed in advance, monthly or annually, on the date you first subscribed. All prices are in US dollars and exclusive of any applicable tax.
Annual plans are billed for the full term up front at the published annual rate.
Price changes apply from your next renewal and we will give you at least 30 days' written notice before any increase. We will never increase the price mid-term on an annual plan.
Late payment. If an invoice is unpaid we will contact you. We may suspend the service after 14 days of non-payment and will give you notice before doing so. We do not delete anything for non-payment for at least 30 days after suspension, and your data remains available for export during that period.
Cancellation and what happens to your site
There is no minimum term on monthly plans. You may cancel at any time, effective at the end of the period you have paid for. We do not pro-rate a partial month.
Annual plans may be cancelled at any time and will not renew. Refunds of an unused annual term are at our discretion; if we have materially failed to provide the service we will refund the unused portion.
Leaving is not a hostage situation. On cancellation we will provide a complete copy of your website and database in a standard format at no charge, and we will cooperate with your new host. We keep your data available for 30 days after the service ends, then delete it.
Suspension and termination by us
We may suspend or terminate the service if you materially breach these terms or the acceptable use policy, if your account is significantly overdue, or if your site poses an immediate security or legal risk to our infrastructure or other customers.
Except where an immediate risk requires otherwise, we will give you notice and a reasonable opportunity to resolve the problem first.
Warranties and what we do not promise
We will provide the service with reasonable skill and care, consistent with the standards of a competent managed hosting provider.
We do not warrant that the service will be uninterrupted or error free. Our availability commitment, and the remedy if we miss it, are set out in the service level agreement, which is the exclusive remedy for downtime.
Except as expressly stated, the service is provided "as is" and we disclaim all other warranties to the extent the law allows.
Limitation of liability
Neither party excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.
Subject to that, our total liability in any twelve-month period is limited to the fees you paid us in that period.
Neither party is liable for indirect or consequential loss, loss of profit, loss of business or loss of anticipated savings.
Changes to these terms
We may update these terms. For any change that materially reduces your rights we will give you 30 days' notice by email before it takes effect, and you may cancel without penalty in that period if you do not accept it.
The current version always lives at this address with its effective date at the top.
Governing law
This agreement is governed by the laws of the State of New York, and the courts of New York have exclusive jurisdiction.
Contact
Questions about these terms: [email protected].