1. Agreement
By ordering, activating, or using any service from Well Water Design (“we”, “us”, “Provider”), you (“Customer”) agree to this Agreement.
This Agreement includes and incorporates:
• Acceptable Use Policy
• Privacy Policy
• Domain Registration Agreement
• Any service descriptions published on our website
Together these form the entire agreement between Customer and Well Water Design.
2. Services Provided
Well Water Design provides hosted technology services including website hosting, DNS, email hosting, domain registration assistance, site building tools, and technical support.
We provide a service platform, not guaranteed uptime infrastructure, permanent storage, or business continuity services.
Customer is responsible for how services are used and for all data transmitted, stored, or published.
3. Account Term & Renewal
Service begins when the account is activated.
Services automatically renew at the selected billing cycle unless cancelled before renewal.
Cancellation stops future billing but does not refund prior billing periods.
4. Payments
Fees are billed in advance.
Failure to maintain valid payment may result in suspension without notice.
Invoices not disputed within 60 days are considered accepted.
Customer agrees to pay collection costs, administrative recovery fees, and reasonable legal fees for unpaid balances.
Chargebacks
Any payment dispute or chargeback may result in immediate suspension.
Accounts under dispute may require prepayment before reactivation.
5. Taxes
Customer is responsible for all applicable taxes related to services except taxes on our income.
6. Acceptable Use
Customer must follow the Acceptable Use Policy.
We may act immediately to stop activity that threatens system stability, reputation, or legality.
We may suspend services without prior notice when necessary.
7. Backups & Data
Backups are provided as a courtesy only.
We do not guarantee:
• availability of backups
• successful restoration
• retention duration
Customer must maintain independent backups.
We are not liable for data loss.
8. Email Services
Email services are best-effort communications tools.
We do not guarantee delivery, inbox placement, retention, or suitability for compliance or recordkeeping.
Customer must maintain independent archiving if required.
We may restrict email sending to protect server reputation.
9. Domains & DNS
We facilitate domain registration through third-party registrars.
Customer is responsible for renewal, billing accuracy, and contact information.
We are not responsible for domain expiration, registry actions, or propagation delays.
Loss of a domain is not considered service failure.
10. Suspension & Termination
We may suspend or terminate services without notice if:
• policy violations occur
• payment is overdue
• system stability is threatened
• law enforcement requests action
We are not liable for damages caused by suspension.
11. Third-Party Providers
Our services depend on upstream providers including datacenters, networks, registrars, and software vendors.
Failures caused by those providers are outside our control and are not considered service failure.
12. Service Changes
We may modify services, software, infrastructure, or pricing at any time.
Continued use after changes constitutes acceptance.
13. Disclaimer of Warranties
Services are provided “as is” and “as available.”
We do not guarantee uninterrupted, secure, or error-free operation.
14. Limitation of Liability
Our total liability for any claim is limited to the amount paid for services during the previous 12 months.
We are not liable for:
• lost revenue or donations
• business interruption
• data loss
• reputational harm
• email delivery issues
15. Indemnification
Customer agrees to defend and indemnify Well Water Design against claims arising from:
• customer content
• customer data collection
• customer communications
• customer use of services
16. Investigations & Law Enforcement
We may investigate suspected violations and cooperate with legal authorities.
We may disclose account information when legally required.
17. Force Majeure
We are not responsible for failure to perform caused by events beyond reasonable control including outages, disasters, attacks, or major network failures.
18. Non-Critical Use
Services are not designed or intended for life-critical, emergency, or safety-dependent purposes.
Customer agrees not to rely on the services for situations where service interruption could lead to personal injury, loss of life, legal non-compliance deadlines, or mission-critical operational failure.
19. Governing Law
This Agreement is governed by the laws of the State of Texas.
Legal disputes must be brought in Texas.
20. Survival
Sections regarding payments, liability limits, indemnification, and disputes survive termination.
21. Entire Agreement
This Agreement and incorporated policies represent the complete agreement between Customer and Well Water Design.
