01 / Agreement
These Terms of Service ("Terms") apply to hosting, domain, email, server, support, and other technology services ("Services") provided by The Winter Hill Companies LLC ("Winter Hill," "we," "us," or "our"). By ordering or using a Service, you ("Customer" or "you") agree to these Terms and the applicable order, plan description, and policies incorporated here.
If an order or separate service-level agreement conflicts with these Terms, that document controls only for the specific Service and only to the extent of the conflict. If you do not agree, do not order or use the Services.
02 / Accounts and access
You must provide accurate account, billing, and contact information and keep it current. You are responsible for protecting your passwords, API keys, and other credentials, and for activity conducted through your account. Notify us promptly through the client portal if you suspect unauthorized access.
You must be legally able to enter into a contract to open an account. If you open an account for an organization, you confirm that you have authority to bind it to these Terms.
03 / Acceptable use
You may use the Services only for lawful purposes and in accordance with the plan limits and applicable policies. You must not use, or allow others to use, the Services to:
- Violate law, infringe another person's rights, or distribute unlawful, fraudulent, deceptive, or harmful material.
- Send unsolicited bulk messages, run phishing or malware, or host content intended to facilitate abuse.
- Gain unauthorized access, disrupt networks or systems, evade security controls, or interfere with another customer's service.
- Run workloads or store data in a way that materially exceeds plan limits, degrades shared infrastructure, or circumvents usage controls.
You are responsible for the content, software, configuration, users, and data associated with your account, and for obtaining the rights and permissions needed to use them. You must respond promptly to reasonable abuse or security inquiries.
04 / Service operation
Service features, allocations, limits, prices, and any availability commitments are those shown at checkout or in your applicable service order. Unless a written service-level agreement says otherwise, a plan does not promise uninterrupted or error-free availability. Maintenance, upstream provider issues, internet routing, attacks, and events outside our reasonable control may affect a Service.
We may maintain, update, or change the Services when reasonably necessary for security, reliability, legal compliance, or operation. If a material change affects a paid Service, we will provide notice where reasonably practicable.
05 / Fees, renewals, and cancellation
You agree to pay the fees, taxes, and other charges shown for your order. Unless an order states otherwise, Services renew for the displayed billing term until cancelled. You authorize the payment method on file to be charged for amounts due. You are responsible for keeping payment details current.
You may request cancellation through the client portal before the next renewal. Cancellation stops future renewal charges but does not automatically refund amounts already paid or erase outstanding balances, unless required by law or stated in your order. Domain registrations, setup work, usage charges, and third-party purchases may have separate cancellation or refund rules disclosed when ordered.
If payment is overdue, we may give notice and suspend or restrict the affected Service until the account is brought current. You remain responsible for fees incurred before cancellation or suspension.
06 / Your data and backups
You retain your rights to the data and content you provide. You grant us permission to host, transmit, copy, and process that material only as needed to provide, secure, support, and improve the Services or meet legal obligations.
Unless your order expressly includes a backup service with stated retention and recovery terms, you are responsible for maintaining independent, current backups and for testing restoration. Any backup feature is not a guarantee that every file can be recovered. Do not use the Services as your sole copy of important data.
07 / Security and suspension
Each party will take reasonable steps to protect its systems and credentials. You are responsible for securing applications, content, and accounts under your control, including applying updates and using strong credentials where applicable.
We may investigate suspected abuse or security incidents and temporarily suspend or limit a Service when reasonably necessary to protect customers, systems, or the public, comply with law, or address nonpayment. Where practicable, we will notify you and give you an opportunity to resolve the issue. We will limit restrictions to what is reasonably necessary and restore service when the reason for restriction is resolved.
08 / Termination and data removal
You may stop using a Service and request cancellation as described above. We may terminate a Service for a material breach that is not cured within a reasonable time after notice, or immediately where required by law or necessary to address serious abuse, security risk, or harm.
After a Service ends, access may stop and data may be deleted according to the Service's ordinary retention and deletion practices. You are responsible for exporting your data before termination. Any continued retention required by law does not extend your access rights.
09 / Disclaimers
To the extent permitted by law, the Services are provided "as is" and "as available." We disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes a warranty or right that cannot legally be excluded.
10 / Limits on liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business opportunities, goodwill, or data, even if advised that such losses are possible.
To the extent permitted by law, each party's total liability arising out of a Service is limited to the amount paid or payable for that affected Service during the three months before the event giving rise to the claim. This limit does not apply where applicable law does not allow it, or to liability that cannot legally be limited.
11 / Changes to these Terms
We may update these Terms to reflect changes to the Services, law, or business operations. We will post the updated Terms with a new effective date and provide reasonable notice of material changes. Changes apply prospectively from their effective date. If you do not agree to a material change, you may cancel the affected Service before it takes effect.
12 / Governing law and general terms
These Terms are governed by the laws of Oklahoma, excluding its conflict-of-law rules. The courts located in Cleveland County and/or Grady County will have jurisdiction, subject to any mandatory consumer protections that apply.
If a provision is unenforceable, the remaining provisions remain effective. A party's failure to enforce a provision is not a waiver. You may not transfer these Terms without our written consent, except as part of a merger or sale of substantially all of your business assets. We may transfer these Terms as part of a business reorganization or transfer of the Services. These Terms and your applicable service order are the entire agreement about the Services.
13 / Contact
For service, billing, or Terms questions, contact The Winter Hill Companies LLC through the client portal or call (405) 698-0028.