Website Hosting Terms of Service

Last updated December 28, 2025

1) Agreement

a) By clicking to accept these terms, or by executing an Order to which they are attached or referenced, you are entering into a binding agreement with foleypod Media LLC, dba PXLPOD Web for the provision of Services. This agreement is comprised of these Terms of Service, the applicable Order, any service level agreements, acceptable use policies, data protection addenda, privacy policies, and any other exhibits, schedules, or addenda referenced herein or therein (collectively, the “Agreement”). The Agreement constitutes the complete and exclusive statement of the terms governing the relationship between the Parties and supersedes all prior or contemporaneous proposals, agreements, negotiations, or communications, whether written or oral, relating to the Services.

b) In the event of a conflict among the documents comprising the Agreement, the order of precedence shall be: (1) the Order, (2) these Terms of Service, and (3) any documents incorporated by reference. Any additional or conflicting terms contained in purchase orders, confirmations, invoices, portals, or other transactional documents issued by you shall be null and void, even if such documents purport to require acknowledgment or acceptance.

c) We may modify this Agreement from time to time. The current version will be made available through our designated channels. Materially adverse changes will become effective thirty (30) days after posting unless required by applicable law, in which case they will take effect immediately. We will provide at least ninety (90) days’ advance notice of materially adverse changes via email to the account owner or notification within the User Portal. Continued use of the Services after such changes constitutes acceptance. If you do not agree, you may terminate the Agreement in accordance with the Termination provisions.

2) Services

a) We will provide the Services in accordance with the Agreement and any applicable SLA. You acknowledge that we may engage third-party providers to deliver or enable components of the Services and that we remain responsible for their performance as if the Services were provided directly by us. You agree to use the Services solely for their intended purpose and in compliance with the Agreement, including the AUP, and to provide all reasonably requested information, cooperation, and materials.

b) Support will be provided through the standard support channels we make available, such as documentation, forums, chat, or ticketing systems. Authorized Users seeking support must possess a basic understanding of the relevant systems and technologies.

c) The scope of the Services may be modified by mutual agreement, including via click-through acceptance, email, support ticket, or selections within the User Portal. Any associated fees will be disclosed prior to your acceptance.

d) We may replace, modify, or discontinue components of the Services from time to time. Such changes will not constitute a breach of the Agreement.

e) Any Beta Services are provided on an AS-IS basis with all faults. No service levels, warranties, representations, or indemnities apply. We may terminate Beta Services at any time and make no representation that they will be released into production.

3) Hosting Partner Disclosure; Substitution of Upstream Provider

a) PXLPOD Web currently partners with WPEngine, Inc. to provide website hosting services as part of the Services. While we do not anticipate a change to this partnership in the near term, PXLPOD Web reserves the right, in its discretion, to replace WPEngine’s hosting services with an alternative provider offering services that are comparable, suitable, or superior, as business, technical, or operational needs may require.

b) In the event of a hosting partner replacement, we will use reasonable efforts to reprovision and migrate our hosting portfolio with minimal disruption. You acknowledge that some downtime, service interruption, or configuration changes may occur depending on technical requirements, third-party constraints, or circumstances outside our reasonable control.

4) Authorized Users

a) You may designate Authorized Users through the User Portal to receive support and manage your account. You are responsible for maintaining accurate Authorized User information and authorize us to act on instructions provided by such users.

b) Authorized Users may only be added, modified, or removed through the User Portal. We will provide support only to users who successfully verify their identity. If payment is made by credit or debit card, we may remove that payment method at the request of the verified cardholder.

c) You are responsible for ensuring that Authorized Users comply with the Agreement and remain fully liable for their actions, omissions, usage, costs, and overages incurred through your account, except to the extent caused by our breach. You must promptly notify us of any unauthorized use or violation.

5) Fees; Invoicing

a) You agree to pay all Fees beginning on the Effective Date and in accordance with the Order. If no payment terms are specified, Fees are due in advance, except for usage-based or overage fees billed in arrears. You are responsible for all applicable taxes (excluding taxes on our income), transfer fees, and overages. Fees are non-refundable except as expressly stated.

b) Invoices will be issued electronically upon execution of the Order and at each renewal. Payments by card may be charged upon activation and renewal. Other payment methods are due within thirty (30) days of invoice receipt.

c) Failure to maintain current billing information or pay Fees when due may result in late charges, suspension of Services, or termination in accordance with Section 6(c). You are responsible for reasonable collection costs.

6) Term; Termination

a) The Agreement automatically renews for successive terms equal to the immediately preceding term unless either Party provides notice of non-renewal at least thirty (30) days prior to expiration.

b) Unless otherwise agreed in writing, you may not terminate or modify an Order prior to the end of the active Term except for our uncured material breach. Early termination without cause accelerates all remaining Fees.

c) We may terminate the Agreement prior to the end of the Term if you materially breach and fail to cure, pose a security or legal risk, engage in abusive conduct, or for convenience with at least thirty (30) days’ notice. Prorated refunds apply only as expressly stated.

d) Upon termination, access to support and the User Portal ceases. You are responsible for maintaining independent backups.

7) Proprietary Rights

a) Customer Content remains your exclusive property. You grant us a limited, non-exclusive license to use such content solely to provide the Services.

b) We and our licensors retain all rights in the Services, infrastructure, systems, and system-generated data.

c) Feedback may be used freely without obligation or accounting.

8) Confidentiality

Each Party agrees to protect the other’s Confidential Information using reasonable care and to use it solely as permitted under the Agreement. Disclosure required by law is permitted. Obligations survive termination.

9) Security; Data Privacy

a) We maintain commercially reasonable safeguards but do not guarantee absolute security. You are responsible for determining regulatory compliance and secure configuration.

b) We will notify you of unauthorized access impacting your Services as required.

c) We will comply with the Privacy Policy and DPA throughout the Term.

10) Warranties

Each Party represents that it has authority to enter into the Agreement and will comply with applicable laws.

11) Indemnification

You agree to indemnify, defend, and hold harmless PXLPOD Web and its affiliates from third-party claims arising from your violation of the AUP.

12) Limitations

a) Backups are not guaranteed. You must maintain independent copies of Customer Content.

b) EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED AS-IS AND ALL IMPLIED WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

c) Aggregate liability shall not exceed Fees paid or owed in the three (3) months preceding the claim.

d) No liability for indirect, incidental, consequential, or punitive damages.

e) SLA remedies are exclusive.

f) Limitations do not apply where prohibited by law or to payment obligations.

13) General Provisions

Includes assignment restrictions, force majeure, governing law, arbitration, notices, publicity limitations, severability, survival, independent contractor status, and waiver provisions, all interpreted consistently with the Agreement.

14) Definitions

Defined terms retain their original meanings, except:

“Customer,” “you,” or “your” means the entity entering into this Agreement with PXLPOD Web.
“Party” means either Customer or PXLPOD Web.
“PXLPOD Web,” “we,” or “our” means foleypod Media LLC, dba PXLPOD Web, a California company located at 2702 Mesa School Lane, Santa Barbara, CA 93109.