Hosting & Maintenance Terms

1. Scope & acceptance

This Hosting & Maintenance Agreement ("Agreement") is between Wyohost LLC ("Wyohost," "we," "us") and the person or entity ("Client," "you") that signs up for Wyohost hosting or website maintenance services (collectively, "Services"). This Agreement is in addition to our Terms of Service and Privacy Policy; in case of conflict on hosting and maintenance matters, this Agreement controls.

2. Term & termination

This Agreement is effective when you sign up for the Services and continues month-to-month until terminated. Either party may terminate for convenience upon 30 days’ written notice to the other. Either party may also terminate if the other materially breaches this Agreement and fails to cure within 30 days of written notice. Wyohost may terminate immediately if you (i) fail to pay any fees when due or (ii) fail to cooperate with us in a way that prevents us from providing the Services.

3. Services included

Depending on the plan you select, the Services include:

• updates to text, images, and minor changes to your website pages, up to the monthly edit-hour allotment of your plan;
• upgrades to your content management system, plugins, and themes (does not include plugin replacement);
• cloud backup of your site on a daily, weekly, or monthly basis depending on plan;
• recovery of website files from those backups;
• uptime monitoring (if included in your plan); and
• regular security scans (if included in your plan).

Some of these are continuous tasks reported monthly. Some — like plugin updates — only happen when a stable version is available and we’ve confirmed it is safe to apply. If a plugin author abandons their plugin and replacement is required, that work is not included and is billed separately.

4. Edit hours & reporting

Each plan includes a fixed number of monthly edit hours (Standard: 1 hr; Advanced: 2 hrs; Performance: 4 hrs). Edit hours do not roll over. Any work above the monthly allotment, including support requests and complex troubleshooting, counts toward that allotment first and then is billed at our standard hourly rate.

You will receive a monthly report covering updates applied, backups performed, security scans, and edit hours used.

5. Payment terms

All payments are processed by credit card via Stripe. We do not accept other forms of payment. Billing is automatic and recurring on a monthly cycle. By providing payment information you authorize us to charge it monthly for the Services you have selected.

Late payments incur a late fee of 20% of the amount due, or $25, whichever is greater. If payment is not received within 14 days of the due date, your account will be deactivated and we are no longer responsible for updates, backups, or site protections during the deactivated period. Reactivating a deactivated account incurs a $100 reactivation fee. Accounts more than 30 days past due will be terminated.

You represent that you have the legal right to use the payment method provided and that the information you supply to us and our payment processor is accurate.

6. Fees, refunds, cancellation

You agree to pay all fees billed under this Agreement. Fees must be received before the start of any Services in a given billing cycle. Wyohost does not issue refunds for any portion of fees once a billing cycle has begun, including upon termination. You also agree to pay any unpaid amounts due for work performed at your request above and beyond the monthly edit-hour allotment. Wyohost is authorized to charge your payment method on file for any amounts owed under this Agreement.

7. Malware, spam & malicious code

• For active care-plan clients: removal of malware, spam, or malicious code that appears after you signed up for a plan is available for an additional $199 per incident.
• Pre-existing infections: removal of malware or malicious code that exists on a website at the time you sign up is billed at $499 per site. This fee includes a one-year subscription to WordFence Premium ($99 value) after removal is complete.
• These charges do not include working with Google or other search engines on your behalf to resolve any blacklisting, deindexing, or other consequences of an infection. That is billed separately.

8. Client responsibilities

For us to provide the Services, you agree to:

• clearly convey to us the information that needs to change or be added;
• respond promptly to questions about the work in progress;
• provide the access we need to your website for creating pages and making changes;
• provide access to your hosting account, with active credentials and write permissions where necessary; and
• maintain your own offline copies of any business-critical content.

9. Hosting & uptime

If your plan includes hosting, your site is hosted on infrastructure that Wyohost manages. We target 99.9% monthly uptime, exclusive of scheduled maintenance, third-party network outages, force majeure, and intentional downtime to mitigate security incidents. We do not offer SLA credits unless explicitly agreed in a separate written addendum.

You may migrate away at any time. We will provide a clean export of your site files, database, and email archive within 14 days of a written request, subject to all amounts owed being paid in full.

10. Warranty & disclaimer

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WYOHOST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WYOHOST’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES YOU PAID TO WYOHOST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WYOHOST SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.

12. Indemnification

You agree to indemnify and hold harmless Wyohost LLC and its founders, employees, contractors, and agents from any claim, loss, liability, or expense (including reasonable attorneys’ fees) arising from your use of the Services, your content, or your breach of this Agreement.

13. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that it learns in connection with this Agreement, and to use such information only as needed to perform under this Agreement. This obligation survives termination.

14. Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, civil unrest, government action, labor disputes, internet or power outages, or third-party service failures.

15. Governing law & disputes

This Agreement is governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Park County, Wyoming, and you consent to personal jurisdiction there.

16. General

This Agreement, together with any statement of work or care-plan summary referenced in your signup, is the entire agreement between you and Wyohost regarding the Services. If any provision is held unenforceable, the remaining provisions remain in full effect. Wyohost may update this Agreement from time to time; the "last updated" date reflects the most recent change. Continued use of the Services after a change means you accept the updated terms.

17. Contact