Effective Date:03/01/2023
By accessing, purchasing, or using the web hosting, website maintenance, and related services (“Services”) provided by DockSyde Creative, LLC (“DockSyde Creative,” “we,” “us,” or “our”), you (“Client,” “you,” or “your”) agree to these Terms of Service (“Agreement”).
You must click “Accept” or otherwise indicate agreement before Services will be provided.
Legal Entity: DockSyde Creative, LLC, a Michigan limited liability company (EIN: 93-1600333)
Address: 4841 N. Indian Lake Rd, Traverse City, MI 49696
Support Email: support@docksyde.co
Governing Law: State of Michigan, United States
DockSyde Creative provides professional services, which may include:
Managed web hosting and website maintenance, including WordPress core, plugin, and theme updates, security monitoring, automated backups, and restoration
Web design and development, including custom website design, coding, and implementation
Search engine optimization (SEO) services, including on-page optimization, local SEO guidance, and content recommendations
Email hosting, DNS management, and domain management
Important: Services not listed above are not guaranteed. DockSyde Creative does not guarantee specific results, including SEO rankings, website traffic, or design outcomes.
DockSyde Creative may resell hosting services via private cloud infrastructure hosted with third-party providers, including Hostinger.
You agree to:
Provide accurate, current, and complete information
Maintain confidentiality of all login credentials
Be solely responsible for all activity under your account
Ensure website content complies with all laws, regulations, and third-party rights
Maintain your own independent backups of website data
DockSyde Creative is not liable for any issues caused by client negligence, credential compromise, or failure to maintain backups.
The following are strictly prohibited:
Spam, bulk messaging, or unsolicited emails
Malware, phishing, or hacking activity
Pirated software or illegal content
Adult content or pornography
Hate speech or illegal material
Cryptocurrency mining or abusive scripts
Violation may result in immediate suspension or termination of Services, without notice, as permitted under Michigan law.
DockSyde Creative may perform:
WordPress core, plugin, and theme updates
Security monitoring and malware mitigation
Emergency fixes to protect security or stability
Client acknowledges and agrees:
Updates may cause conflicts, errors, or site breakage
Emergency fixes may modify or override client changes without notice
DockSyde Creative is not liable for site issues arising from updates or emergency fixes
Temporary downtime may occur during maintenance
Automatic backupsare provided on a best-effort basis only
Backups are not guaranteed for completeness or availability
One (1) free restoration per calendar month; additional restorations are $50 each
Restoration success is not guaranteed
Client is responsible for maintaining independent backups. DockSyde Creative shall not be liable for data loss.
DockSyde Creative provides NO SLA or uptime guarantee.
You acknowledge:
Downtime may occur without notice
Service interruptions may result from maintenance, updates, security issues, or third-party outages
No refunds, credits, or compensation are due for downtime or reduced performance
Services may be billed monthly or annually
All fees are non-refundable
Failure to pay within 14 days may result in suspension or termination, with or without notice
Suspended accounts may incur reactivation fees
Service availability is not guaranteed during suspension
Upon termination:
Client retains ownership of website files and data
Data will be deleted after 30 days
DockSyde Creative may reclaim server resources immediately
Backups may be deleted without notice
Client acknowledges that DockSyde Creative is not responsible for data loss after deletion.
DockSyde Creative may collect and process:
Contact and billing information
Technical data (IP address, browser type, access logs)
Website files, databases, email accounts, and DNS records
Purpose: To deliver Services, process payments, communicate support, and comply with law
Third-party sharing: Only with service providers necessary to deliver Services or as legally required
Client acknowledges: Data may be stored and processed in the U.S. DockSyde Creative cannot guarantee absolute security.
DockSyde Creative disclaims liability for any issues caused by third-party services, including but not limited to:
Hosting infrastructure
DNS providers
Email providers
Plugins, themes, or CDNs
Domain registrars
Client acknowledges third-party failures are outside DockSyde Creative’s control.
Services are provided “as is” and “as available.”
Client accepts that DockSyde Creative disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, security, and uptime.
To the maximum extent permitted under Michigan law:
DockSyde Creative shall not be liable for indirect, incidental, consequential, punitive, or special damages
Liability is capped at fees paid in the preceding sixty (60) days
This limitation applies even if damages were foreseeable
If any portion is unenforceable, the remainder shall survive
Client shall indemnify, defend, and hold harmless DockSyde Creative, LLC from all claims, damages, losses, liabilities, or legal fees arising from:
Client’s website content
Use of Services
Violations of law
Third-party claims related to Client’s site
DockSyde Creative is not liable for failures or delays caused by events beyond reasonable control, including:
Acts of God, natural disasters
Power or Internet outages
Cyberattacks
Third-party service disruptions
Government actions
This Agreement is governed by Michigan law, without regard to conflict-of-law principles
Any disputes shall be resolved via binding arbitration in Michigan, except where prohibited by law
Parties waive the right to jury trial and class actions
DockSyde Creative operates as an independent contractorand is not a partner, agent, or joint venturerof Client.
If any provision is held unenforceable under Michigan law, the remainder of this Agreement shall remain in full force.
Sections regarding Limitation of Liability, Indemnification, Arbitration, Data Deletion, and Governing Law survive termination.
DockSyde Creative may update these Terms. Continued use of Services constitutes acceptance of modifications. Material changes may be communicated via email or website notice.
Client must explicitly accept these Terms before Services are provided. Use of Services constitutes acknowledgement of full understanding and agreement.
Questions regarding these Terms should be directed to:
📧 support@docksyde.co
