Hosting Agreement

This Hosting Agreement (“Agreement”) is a part of and incorporates by reference the NonprofitPress Terms of Use (“Terms”). By using the hosting services provided by NonprofitPress (“Provider”), you (“Client”) agree to be bound by the terms and conditions of this Agreement, as well as the Terms.

1. Services Provided

Provider agrees to provide managed WordPress hosting services, including server space, bandwidth, and related services as described on the NonprofitPress website.

2. Term and Termination

Term: The term of this Agreement begins on the date the Client signs up for the hosting services and continues until terminated by either party.

Termination for Convenience: Either party may terminate this Agreement at any time with 30 days’ written notice.

Termination for Cause: Provider may terminate this Agreement immediately if the Client fails to comply with any terms of this Agreement or the Terms, or engages in activities that harm the Provider’s network or other clients.

3. Fees and Payment

Fees: The Client agrees to pay all fees associated with the hosting services as specified at the time of signup. Fees are subject to change with 30 days’ notice.

Payment: Fees are billed in advance on a monthly or annual basis, depending on the Client’s selection at the time of signup. Payments are due upon receipt of the invoice.

Late Payments: Late payments may result in suspension or termination of hosting services.

4. Client Responsibilities

Compliance: The Client agrees to use the hosting services in compliance with all applicable laws and the Terms.

Content: The Client is solely responsible for the content hosted on the Provider’s servers. The Client agrees not to host any content that is illegal, harmful, or violates the rights of any third party.

Backups: While the Provider performs regular backups, the Client is responsible for maintaining current backups of their data. The Provider is not liable for any data loss.

5. Provider Responsibilities

Uptime: The Provider will use reasonable efforts to ensure a minimum of 99.9% uptime of the hosting services.

Support: The Provider will provide support for issues related to server availability and performance as described on the NonprofitPress website.

Security: The Provider will implement reasonable security measures to protect the Client’s data. However, the Provider cannot guarantee absolute security.

6. Limitation of Liability

No Liability for Data Loss: The Provider is not liable for any data loss or damage arising from the Client’s use of the hosting services.

Indirect Damages: The Provider is not liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data, arising from the Client’s use of the hosting services.

7. Indemnification

The Client agrees to indemnify and hold harmless the Provider, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses arising from the Client’s use of the hosting services or breach of this Agreement.

8. Governing Law

This Agreement is governed by the laws of the state in which the Provider is located, without regard to its conflict of laws principles.

9. Dispute Resolution

Any disputes arising out of or related to this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the state where the Provider is located.

10. Miscellaneous

Entire Agreement: This Agreement, together with the Terms, constitutes the entire agreement between the parties regarding the hosting services.

Amendments: The Provider may amend this Agreement from time to time by posting the amended terms on the NonprofitPress website. The Client’s continued use of the hosting services constitutes acceptance of the amended terms.

Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver: The failure of either party to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

By using the hosting services provided by NonprofitPress, the Client acknowledges that they have read, understood, and agree to be bound by this Hosting Agreement a