The following document outlines the terms of use of the Hog The Web website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.
Before using any of the Hog The Web services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Last Updated July 15th, 2024
Acceptance Of Terms
The web pages available at hogtheweb.com and all linked pages (“Site”), are owned and operated by Hog The Web, LLC. (“Hog The Web” or “HTW” or “We/Us”) and is accessed by you under the Terms of Use described below (“Terms”). All customers (“Client” or “you”) who complete payment to Hog the Web have accepted the terms laid out in this document.
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.
Description Of UpKeep (Website Maintenance/ Security) Services
The Site is an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Hog The Web makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Hog The Web. Hog The Web reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Hog The Web, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Hog The Web, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or Hog The Web Username and password, or (iii) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Hog The Web be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
Intellectual Property
Hog The Web, hogtheweb.com and other Hog The Web LLC graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Hog The Web. Hog The Web’s intellectual property may not be used in connection with any product or service without the prior written consent of Hog The Web. The images and icons available in the Hog The Web Press Kit may used by partners and third party sites in connection with providing appropriate links to the Hog The Web Site.
Customer-Provided Content and Material
For client-provided materials (including without limitation, photos, images, graphics, text, .pdfs, postings, articles, etc.), Customer warrants and represents that he/she/it has obtained all rights of use without violating any copyright or other intellectual property interests. Customer shall defend, indemnify, and hold HTW harmless from any and all claims and allegations relating to HTW’s used of Customer-provided materials including actual attorney fees. Because HTW’s work is public-facing, we assume that information shared with us in developing your site(s) is for public disclosure unless otherwise advised in writing.
Support Requests & Monthly UpKeep Service Plan Support Time
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail [email protected] or use the Contact Form.
Each request that falls outside of the regular UpKeep Service Plan is subject to a one (1) hour minimum fee. Developer support and customization hours is billed at an additional $89.00 per hour, per request.
Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Hog The Web management. Emergency or rush requests (including off-business hours like weekends, and nights) may be subject to a rush rate of $149/hour.
The UpKeep Service Plans include any work that maintains your current site functionality. This includes malware/virus scans and removal, restoring site from backups, Wordpress, theme, or plugin software updates, and bug fixes. Bug fixes that take more than 1 hr will be billed at the above hourly rate.
Any development work that adds new functionality to your site, updates design or layout, or adds new content are NOT included in the UpKeep plan, and are billed at our hourly rate.
Nature of UpKeep Requests
Covered requests should fall within the following categories.
- UI troubleshooting bugs (HTML, CSS, Javascript)
- Styling elements with CSS that have broken or changed unexpectedly
- 404 or 403 error messages
- Malware/Virus infections
- Hacking Intrusions
- Wordpress, Theme, or Plugin Software Updates
- Backup restoration
If you’re unsure about the whether or not a request meets these criteria, then contact us and we will inform you if it falls under the UpKeep Service Plan or hourly billing.
Examples of requests not meeting approval for UpKeep Service Plan time, which would instead be billed hourly:
- Website redesign
- Landing page design
- Custom plugin development/maintenance (Software not being updated/supported by the original development team)
- Custom theme development/maintenance (Software not being updated/supported by the original development team)
- Custom app development/maintenance (Software not being updated/supported by the original development team)
- Search marketing/SEO services
- Content Population & Image Manipulation
- Creation of basic graphics (e.g. buttons, banners, etc.)
- WordPress consulting (pick our brains)
- Optimization of CSS, Javascript and Images
- Theme/plugin audits
- Plugin installation and implementation
WordPress Multi-site Installations (WPMU)
WordPress Multi-site is a less common type of WordPress installation that allows you to have multiple different sub-sites that share some of the same software and database. Example:
Mainsite.com
Mainsite.com/Subsite1
Mainsite.com/Subsite2
etc.
Due to the nature of how all these subsites are interconnected, we cannot provide UpKeep service for just one subsite. All software and database updates will affect all sites simultaneously, so we have to support them all. However, because each site has it’s own unique configuration, theme, users etc. we must still manually review each sub-site for issues after each batch of updates.
To account for the additional time required for these types of sites, there is an additional fee of $10/month per subsite for our service plans. We hope you can understand the need for this reasonable add-on fee considering the additional time required.
Termination & Cancellation
Cancellation can occur at anytime, by either party. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.
Hog The Web may terminate or suspend any and all Services and/or your UpKeep Service Plan immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Hog The Web UpKeep Service Plan, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Change
Hog The Web reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Hog The Web will notify you by posting an announcement on the site. What constitutes a material change will be determined at Hog The Web’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Hog The Web in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Hog The Web shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Hog The Web’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Hog The Web may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Michigan between two residents thereof, and the parties submit to the exclusive jurisdiction of Michigan courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Consequential Damages
Except for the parties’ indemnity obligations, in no event will either party be liable or responsible to the other for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.
Acceptance
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Hog The Web reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Description Of Website Design & Development Services
Design Services
We create your user interface in Wordpress using a combination of elements, colors, images, layouts, and development tools for use on the current and updated versions of the leading browsers (Internet Explorer, Safari, Google Chrome, and Firefox ) on desktop, laptop, and mobile devices.
Development
Your site is prepared in a private staging site that allows you and your team to interact with your site during the development process. We make every effort to keep the staging site (clone) hidden from the public and from search engines. If the client requests that staging site be made public, even briefly, we cannot guarantee that search engines will not index some of the staging site pages. The client understands and accepts this risk.
Communication
The layout and presentation of a website is subjective in nature, which requires feedback and interaction with you. Your timely feedback is essential. Both parties agree to respond promptly to project-related messages and participate in project meetings, including virtual meetings hosted by us.
Your Designated Representative
In the event of the need to obtain clarification or direction on any matters, we will proceed in reliance on the direction of your Designated Representative. Timely feedback is essential to enable us to perform our work. We are not responsible for any delays that are out of our control.
Design phases
To keep the design process moving forward, we will assume that you approve of our designs for your site unless informed in writing within seven days of concept presentation. This timeframe is important because websites are constructed upon central themes that are more expensive to “undo” if they are not corrected at an early phase. We reserve the right to charge for revisions that we deem outside the scope of similar projects, which generally begin after two rounds of revisions per page.
Testing
We test our designs on the versions of the leading browsers and devices as of the date of the design. If you become aware of a design issue on any of the current browsers you agree to notify us as soon as possible. We agree to provide support and fixes to any sites we have built/rebuilt up to 30 days after project completion. After this point, further work is billed at our normal hourly rate, unless an ongoing support plan is chosen. (https://hogtheweb.com/wp-upkeep/). After delivery, customers can edit and update their sites. We are not responsible for any modifications or changes that we did not make. Time spent on fixes for changes by others is charged at our standard rates.
Delivery and Project Launch
Once you have approved the project as ready to launch, based on the staging site model, we will backup any existing site you have on your hosting environment, and migrate the new site/version in its place on your live domain, incorporating any recent content changes as needed. We will attempt to accommodate your questions, revisions, and fixes for up to 30 days after the “go live” date.
Post-Delivery Design Changes
Post-delivery design modifications are charged at our standard rates.
Excluded
The following costs are excluded: custom imagery/graphics, content/copy writing, web hosting, third-party software licenses (Except DIVI theme license is included). Unless otherwise agreed in writing, HTW does not provide hosting services or post-delivery maintenance. Website Maintenance and Security (e.g. anti-hacker firewall, daily malware scans, vulnerability scans and patching, pro-active software updates etc.) is a separate service. If you would like quotes for these and other services please contact us at https://hogtheweb.com/contact/
Client-provided content and material
In many cases, clients provide images, text, and other materials that represent and define their business. For client-provided materials, including without limitation, photos, images, graphics, text, .pdfs, postings, articles, etc. Client warrants and represents that it has all rights for Client ownership and/or use shall defend, indemnify, and hold HTW harmless from any and all claims relating to client-provided materials. Because our work is public-facing, we assume that information shared with us in developing your site(s) is for public disclosure unless otherwise advised in writing.
Purchased content
If a new design includes images or other content that requires purchase and/or licensing, the costs associated with third-party purchasing and licensing shall be passed through to the client. Please ask about stock photos and similar programs that may help to reduce third-party costs.
Components by others
Websites are a composite of many different working parts (e.g. widgets, plugins, themes etc.) that are assembled together in ways that provide a unique look and feel. Just as an architect does not warranty the lumber or other components of a house, HTW makes no representations, warranties or guaranties of work by others for any particular component part such as plugins, themes etc.
Configurations
Unless included in the scope of work, we are not responsible for ensuring your @domain based emails are fully working and authenticated. We go as far as to ensure the website is sending the messages, but many complications can arise based on your email configuration, and we can provide further assistance with troubleshooting delivery/etc issues with email at our regular rates.
Updates
Because all software is continuously updated, it’s important to keep these components of your site up to date to prevent glitches or malware infections. If you’d like our support with ongoing maintenance and malware protection, we offer monthly support plans. (https://hogtheweb.com/wp-upkeep/)
Relationship
HTW is an independent contractor and consultant to client. There is no employment, joint venture, or partnership relationship. HTW may engage subcontractors and outside services as part of its work.
Limitation of Liability
The total liability in the aggregate of HTW for any and all losses, costs, demands, damages, and other claims that allegedly arise from or relate to this agreement, including without limitation negligence, errors or omissions, breach of contract, breach of warranty, shall not exceed the total compensation received by HTW under this agreement.
DISCLAIMER OF WARRANTY. HTW IS SERVICE PROVIDER. HTW MAKES NO WARRANTY, EXPRESSED OR IMPLIED, WTH RESPECT TO ANY OF THE SERVICES OR DELIVERABLES UNDER THIS AGREEMENT. THERE ARE WARRANTIES OF FITNESS, NO WARRANTIES OF MERCHANTABILITY, AND NO OTHER WARRANTIES.
Mutual Waiver of Consequential Damages. Client and HTW mutually waive any and all claims of consequential damages, including without limitation lost profits.
Mediation
If any dispute arises from this agreement, the parties agree to designate a representative with authority to resolve the dispute and attend facilitative mediation as a condition precedent to any other forms of dispute resolution.
Period of Limitations
The period of limitations for any action arising out of, or related to this agreement shall be two years from the Effective Date.
Cancellation/Termination
This agreement may be terminated by either party with ten days’ written notice. Client shall pay HTW for work performed though the date of termination.
Integration
This written agreement constitutes the full and complete agreement between the parties. No oral representations are part of this agreement.
Fee Estimates
Any fee estimates prepared by HTW are estimates only. Any representations as to fees for professional services are approximate only and subject to change depending on project requirements.
Payments
Payments are due within 30 days of the invoice date. To avoid late fees and interest of 1.5% per month on all unpaid sums, please remit promptly. We reserve the right to stop work pending the receipt of past-due amounts. It is your responsibility to ensure your billing email address assigned on Hogtheweb.com is valid to ensure you receive our invoices and are able to pay on time.
Governing Law
This agreement shall be governed by Michigan Law. If attempts at mediation fail, all disputes hereunder shall be resolved in the applicable state or federal courts of Michigan. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
Hold harmless and indemnity
Client shall defend, indemnify, and hold HTW harmless from any and all allegations, threats, claims, demands, lawsuits, and other claims arising out of or relating to the Project to the fullest extent allowed by law, excepting only HTW’s sole negligence.
Confidentiality
The contents of this agreement shall remain confidential.
Interpretation and Priority
This agreement is a product of mutual negotiation. No provision in this agreement shall be interpreted for or against a party because that party assisted in its drafting. In the event of any conflict between this agreement and any other document(s), this agreement shall control. If any clause in this agreement is deemed invalid then all other clauses shall survive.
License
We retain ownership of our intellectual property, including copyrights. Upon the receipt of payment in full, HTW shall grant Client a non-exclusive license for the operation and maintenance of your website(s).
No Third-Party Beneficiaries
This agreement is between us and you. There are no intended third-party beneficiaries by name or by class.
Force Majeure
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
Description of Website Hosting Services
By agreeing to these terms you are entering into an agreement with Hog the Web to provide Services to you. The Agreement outlines the exclusive terms and conditions between the Parties, replacing all prior proposals, agreements, negotiations, and communications regarding the Services.
We may update this Agreement periodically; the current version is available at https://hogtheweb.com/terms-and-conditions/. We will provide at least 90 days’ advance notice for materially adverse changes to these Terms of Service via email to the account owner designated in the User Portal or a notification in the User Portal. Your continued use of the Services after updates constitutes acceptance of the changes. If you disagree with any modifications, you may terminate the Agreement as outlined in the Termination section below.
Services
We will provide the Services according to the Agreement and the SLA. You acknowledge that we may engage third parties to provide or enable elements of the Services, but we are responsible to you for their performance as if we performed the Services ourselves. You must use the Services solely for their intended purpose in accordance with the Agreement, and provide us with all necessary information, assistance, and materials for our ongoing provision of the Services.
We will support you through standard customer support methods (e.g. email, phone). Authorized Users seeking support must have a basic understanding of the systems and technology related to the Services.
The scope of Services under the Agreement may be amended by mutual agreement through any reasonable means, including click-through terms, email, support ticket, or selections in the User Portal. Any associated fees will be clearly provided before you agree to any changes.
We may occasionally replace or discontinue components of the Services. Such replacements or terminations do not constitute a breach of the Agreement.
Authorized Users
You may request additional Authorized Users in the User Portal to receive support and make account changes. You are responsible for managing and updating Authorized Users by request to our support team. You authorize us to provide support and account information to your Authorized Users and to make service modifications at their direction.
Authorized Users can only be added, modified, or removed by our support team at your written request. You will require your Authorized Users to abide by the Agreement terms and acknowledge that you are responsible for their actions and omissions, including any costs, overages, or liabilities incurred through your account, except where liability is due to our breach of the Agreement. Authorized Users may make changes to the Services within their permissions, and you agree to pay any associated fees. Notify us promptly of any Agreement violations or unauthorized use of your accounts.
Fees; Invoicing
You agree to pay the Fees from the Effective Date according to the Order’s payment terms. If no payment terms are specified, Fees are due in advance, except for usage or overage fees, which are invoiced monthly in arrears. If your Service use exceeds Order limits, you will be responsible for overages. You agree to pay applicable taxes unless you provide a valid tax exemption certificate. Any overages, taxes, or transfer fees will be added to the Fees. Renewal Term Fees will be at our current rates, provided we notify you of any increase before the renewal opt-out date. Fees are payable in the specified currency (USD) and are not refundable except as stated herein.
Invoices will be issued via our Account Dashboard, generated immediately upon Order execution at each renewal date. If you pay by credit or debit card, we will charge the card upon account activation and on each renewal date, one the same day and time as the original order each month or year depending on the renewal term. Other payment methods are due 30 days from invoice receipt.
You must maintain accurate billing details and ensure timely Fee payments. Failure to do so may result in account suspension. If Fees are overdue, we may charge a late fee, suspend Services, and terminate the Agreement. You will be responsible for collection effort charges related to unpaid Fees.
Term; Termination
To prevent unintended Service interruptions, this Agreement will automatically renew, but you may terminate the Agreement at any time as outlined below. The Agreement renews for successive Renewal Terms unless a Party notifies the other of non-renewal no later than 30 days before the current term expires.
You may terminate your account and the Agreement at any time via the User Portal if we materially breach the Agreement and fail to cure it within 10 days of your notice; for convenience with at least 30 days’ notice; or for any other cause stated herein. Upon termination, we will provide a prorated refund of unused Fees paid annually in advance for Services beyond the termination date, adjusted for voided discounts and other owed amounts.
We may terminate the Agreement before the term ends if you materially breach the Agreement and fail to cure it within 10 days of our notice; if your Service use endangers our network or systems, violates the law, or interferes with our ability to serve other customers; if you abuse or threaten our employees; for convenience with at least 30 days’ notice; or for any other stated cause. If we terminate for convenience, we will provide a prorated refund of unused Fees paid annually in advance for Services beyond the termination date, adjusted for owed amounts.
After termination, you will no longer receive support or access to the WPEngine User Portal, and we cannot assist with site migration tasks. Maintain offline backups of your site at all times.
Proprietary Rights
Customer Content remains your exclusive property, and we claim no rights except those explicitly granted herein. For the Term of the Agreement, you grant us, our affiliates, third-party service providers, and subcontractors a non-exclusive, fully-paid, royalty-free, sublicensable, transferable, worldwide license to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute Customer Content solely to provide the Services under the Agreement.
We and our licensors retain all rights, title, and interest in and to the Services and the systems and networks used to provide them, including system-generated data, modifications, improvements, upgrades, derivative works, and all related intellectual property rights. Except for the rights granted herein, no other licenses to our intellectual property are granted.
Feedback provided by you or your Authorized Users about the Services is given freely, and we may use and disclose it without accounting to you, except where it contains your Confidential Information. We own all rights to feedback-related changes, modifications, or upgrades to our products or services.
Confidentiality
Both Parties agree to protect the confidentiality of the other Party’s Confidential Information, using the same degree of care as for their own similar confidential information, but no less than reasonable care. Either Party may disclose Confidential Information as required by law, legal process, or court order, including data breach notifications to regulatory agencies. Disclosures for these reasons do not change the confidential status of the information. Prompt notice of required disclosure will be provided, and cooperation will be given to minimize disclosure. Upon Agreement termination, any license to use Confidential Information ends, and each Party must return or destroy the other Party’s Confidential Information or continue to protect it as long as it is retained.
Security; Data Privacy
We will implement reasonable measures to protect our internal networks from malicious activity. You acknowledge that we are not responsible for any loss or harm from a security incident. You are responsible for ensuring the Services meet regulatory standards and comply with your security requirements. Configure your use of the Services to maintain security, such as by uploading secure software, installing patches, and not sharing passwords.
If our network is accessed without authorization and impacts your Services, we will notify you promptly after investigating and fulfilling legal obligations. Similarly, you must notify us of unauthorized Service access.
Warranties
Each Party warrants that it has the authority to enter the Agreement and comply with applicable laws and regulations in performing under the Agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Hog the Web, its affiliates, subsidiaries, vendors, and their officers, directors, agents, and employees from liabilities, losses, damages, penalties, fines, interest, and other expenses (including attorney fees) related to third-party claims arising from your violation of the Terms. We reserve the right to control the defense of any indemnified matter and approve any proposed settlement. You will pay amounts due under this section as incurred.
Limitations
While we may perform regular backups of your site and Customer Content, we do not guarantee against data loss or corruption. We will support and troubleshoot backup issues but have no liability for backup integrity or failure to restore content. Maintain an independent copy of your Customer Content.
EXCEPT AS STATED IN THE AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HOG THE WEB DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE SERVICE, AVAILABILITY, AND ACCURACY. THE SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS.
OUR LIABILITY FOR ANY REASON UNDER THE AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR OWED BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM.
WE AND OUR LICENSORS ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR LOST PROFITS, ARISING FROM THE AGREEMENT, EVEN IF ADVISED OF SUCH DAMAGES.
THE SLA PROVIDES YOUR SOLE REMEDIES FOR DOWNTIME OR OTHER SLA FAILURES.
These limitations do not apply where prohibited by law or to your payment obligations.
General Provisions
Assignment: Neither Party may assign the Agreement without the other Party’s consent, except in connection with a merger, reorganization, or sale of assets. Any unauthorized assignment is void. The Agreement binds permitted successors and assigns.
Force Majeure: We are not liable for delays, failures, or interruptions due to circumstances beyond our control, including acts of God, civil or military authority, civil disturbances, war, strikes, fire, laws, regulations, governmental acts, third-party network unavailability, and telecommunication failures.
Governing Law and Venue: The Agreement is governed by Michigan law, without regard to choice of law statutes. Disputes must be brought in Leelanau County, Michigan courts. No claim may be a class action. The UN Convention on the International Sale of Goods does not govern the Agreement. BOTH PARTIES WAIVE JURY TRIAL RIGHTS.
Publicity: Parties may disclose their business relationship and use the other Party’s name and logo in customer or vendor lists, following provided usage guidelines. Any other use requires written consent. Neither Party may misrepresent the relationship, disclose Agreement details, or use the other’s name/logo for similar products or services without a separate agreement.
Severability: If any Agreement provision is illegal or unenforceable, it remains effective to the extent possible without invalidating the remaining provisions. The provision will be restated to reflect the Parties’ intent as much as possible.
Survival: Provisions that contemplate performance after Agreement termination or expiration, including confidentiality, limitation of liability, and indemnification, survive and continue in effect.
Third-Party Beneficiaries; Relationships: The Agreement has no third-party beneficiaries. It does not create a joint venture or partnership. Neither Party is an agent, employee, or representative of the other. Neither Party can make representations or warranties on behalf of the other or its affiliates.
Waiver: A Party’s failure to exercise or delay in exercising any Agreement right does not waive that right.
Definitions
- “Agreement” has the meaning provided here.
- “Authorized User” means a user authorized to access and manage your account through the WPEngine User Portal.
- “Confidential Information” means information disclosed by one Party to the other, identified as confidential or reasonably understood to be confidential by its nature. It excludes publicly known information, information disclosed without restriction, and independently developed information.
- “Customer,” “you,” or “your” means the entity entering into the Agreement with Hog the Web through an authorized representative’s actions.
- “Customer Content” means the text, images, videos, sounds, or other materials you or your end users store within the Services, excluding Account Information.
- “Account Information” means information about your account or Authorized Users required to provide the Services, including account settings and billing data.
- “Effective Date” means the date your account is activated.
- “Initial Term” means the term stated in the Order.
- “Order” means the order form or online transaction describing the Services and incorporating these Terms of Service.
- “Party” means either Customer or Hog the Web; “Parties” means both.
- “Privacy Policy” means the policy located at https://hogtheweb.com/privacy-policy/ as it may be updated.
- “Renewal Term” means any successive term after the Initial Term.
- “Services” means the hosting, support, and related services provided as described in the Order.
- “SLA” means the Service Level Agreement located at https://hogtheweb.com/terms-and-conditions/ as it may be updated.
- “Term” means the entirety of the Initial Term and all Renewal Terms.
- “Third-Party Services” means third-party products or services not sold or licensed by us but made available to you to enable or integrate with the Services. We disclaim liability for Third-Party Services.
- “User Portal” means the WPEngine website management portal https://my.wpengine.com/ for managing your website hosting Services.
- “Account Dashboard” refers to your Hogtheweb.com account dashboard https://hogtheweb.com/my-account/ where you manage billing, subscriptions and invoices with Hog the Web.
- “Hog the Web,” “we,” or “our” means Hog the Web, a Michigan corporation located at 9789 E. Cherry Bend Rd. Traverse City, MI 49684.
Service Level Agreement (SLA)
This Service Level Agreement (SLA) modifies the existing Agreement between Hog the Web and the Customer, outlining the uptime guarantees for our Services and the remedies available if these guarantees are not met. The remedies specified in this SLA are your only recourse for the issues covered. We may update this SLA at our discretion, with the latest version available at https://hogtheweb.com/terms-and-conditions/.
SERVICE AVAILABILITY
Hog the Web guarantees that the Services will be available 99.95% of the time, excluding any Excused Downtime. Service Availability for a given month is calculated as follows:
EXCUSED DOWNTIME
“Excused Downtime” refers to periods when Services are unavailable due to:
- Scheduled Maintenance
- Emergency Maintenance
- Beta Services
- Force Majeure events
- Actions or omissions by you, your Authorized Users, or any third-party acting on your behalf, including unauthorized use, breaches of the Agreement or Acceptable Use Policy, or configurations exceeding Hog the Web’s recommendations or limits.
“Scheduled Maintenance” includes maintenance performed during the following windows or maintenance for which we provide reasonable advance notice:
| Data Center Location |
Maintenance Window |
| Americas |
10 pm – 4 am Central Time |
| Europe |
4 pm – 10 pm Central Time |
| Asia-Pacific |
8 am – 2 pm Central Time |
“Emergency Maintenance” refers to any urgent maintenance performed outside the Scheduled Maintenance windows without prior notice, necessary to protect the integrity, availability, or security of online systems.
SLA CREDITS
You are eligible for a credit of 5% of the monthly Fees for each full hour of downtime beyond the Service Availability targets. For instance, you will receive a 5% credit for 1 to 60 minutes of downtime beyond the targets, a 10% credit for 61 to 120 minutes, etc. To receive a credit, you must contact Support within 30 days of the incident. Credits are determined based on our monitoring, cannot exceed 100% of the monthly Fees, cannot be carried over or aggregated, are forfeited upon expiration or termination of the Agreement, and will not be issued as a refund.
ENHANCED SLA
For services or features subject to our “Enhanced SLA,” the Service Availability target is 99.99%. You will receive a 3% credit of the monthly Fees for each half-hour of downtime beyond the targets.
