Managed WordPress Hosting Terms of Service

Last Updated: July 1, 2024.
  1. Agreement
    1. By signing, accepting, or paying the Order to which these terms are attached, you are entering into an agreement with SiteVivid to provide Services to you. This Terms of Service Agreement, together with the applicable Order to which they are attached or by which they are referenced, the AUP and Privacy Policy collectively form the “Agreement” and sets forth the terms and conditions under which SiteVivid will provide the Services (as defined below) to you.
    2. In the event of any conflict between this Terms of Service Agreement and the Order, the Order shall prevail to the extent of such conflict.
    3. SiteVivid will maintain the current version of this Agreement at https://sitevivid.com/legal/hosting-terms-of-service/ as the Agreement may be modified from time to time. Your continued use of the Services after any modification to the Agreement signals your acceptance of the same. 
  2. Services
    1. We hereby agree to provide the Services to you, as specifically requested and detailed in the applicable Order, in accordance with the terms of the Agreement. You understand and acknowledge that we engage Third Party Service Providers to provide, enable parts of, support, or enhance the Services.
    2. SiteVivid provides Customer Support to you as outlined in Section 4 of the Agreement.
    3. Periodically, the scope, details, and specifics of Services provided under the Agreement may be replaced, amended, modified, or discontinued. If any such changes are made, SiteVivid will notify Customer of such changes via electronic means including email notifications or clearly marked notices on Orders. Continued use of Services after such notification will constitute your acceptance of the same. If you do not agree with any such changes, you may terminate the Agreement per the Termination section found in this Agreement. No such replacement, amendment, modification, or discontinuation shall constitute a breach of the Agreement.
    4. SiteVivid may, from time to time, offer Beta Services to Customers. Beta Services are offered on an As-Is basis and no SLA, indemnity, or warranty shall apply. Customer acknowledges that Beta Services may change in price, function, features, offers, or may be terminated at any time.
  3. Accounts and Authorized Users
    1. You must be at least 18 years of age to sign up for Services and enter into the Agreement.
    2. SiteVivid manually creates all accounts and does not provide any online account portal or dashboard with which to manage your Account Information. Any changes to Account Information must be submitted in writing via email by an Authorized User with sufficient authorization to make such changes.
    3. Upon account creation, you will specify up to four (4) Authorized Users that will have authority to make certain changes to your account. You will specify the name, phone number, email address, and User Title for each Authorized User.
    4. An Authorized User’s User Title shall determine what scope of permissions the Authorized User will have in relation to what types of change requests they are authorized to make. User Titles and their associated scope of permissions include:
      1. Administrator: This User Title can request any changes to the account including but not limited to Account Information, user modification, content updates, account changes or cancellations, administrative access to the WordPress dashboard, disaster recovery, and billing changes.
      2. WordPress Administrator: This User Title can submit requests for web page content changes as defined by our Acceptable Customer Support guidelines in Section 4(a)(vi) and 4(a)(vii), request plugin and theme additions or changes, and can be provided Wordpress Administrative Level Access credentials to the WordPress dashboard of the website(s) associated with the Order. 
      3. Editor: This User Title can submit requests for web page content changes as defined by our Acceptable Customer Support guidelines in Section 4(a)(vi) and 4(a)(vii), and can be provided WordPress Editor Level Access credentials to the WordPress dashboard of the website(s) associated with the Order.
      4. Billing Contact: This User Title can manage all aspects of account billing functions including but not limited to payment methods, billing periods, and invoice email destinations.
    5. Only an Authorized User with the User Title of Administrator can request changes to any other Authorized User’s User Title.
    6. User Title options and definitions may be changed or modified periodically.
    7. All account change requests must be submitted electronically by an Authorized User, from that Authorized User’s email address on file, and be sent to SiteVivid via email to Support@SiteVivid.com.
    8. All Account Information change requests are subject to verification. If there is any conflict, confusion, suspicion, or uncertainty related to a change request or to the authority, identity, or status of the Authorized User submitting the request, SiteVivid reserves the right to delay or deny implementation of said change request until such time as we can verify the request from an Authorized User who possesses an Administrator User Title.
    9. You will require your Authorized Users to abide by the terms of the Agreement. You acknowledge and agree that your Authorized Users are granted permission to make changes to the Services or Account Information within the scope of the permissions outlined in Section 3(d)(i) through 3(d)(iv), and you are responsible for all costs associated with or resulting from the actions or requests of your Authorized Users.
  4. Support
    1. General Support Terms and Conditions
      1. SiteVivid provides Customer Support Monday through Friday from 9AM until 5:30PM eastern time.
      2. Unless we deem a Customer Support task an emergency, Customer Support tasks are scheduled and completed on a first-come-first-served basis or as we see most efficient and appropriate to accomplish all unfinished tasks at any given time.
      3. Any Customer Support request must be submitted in writing via email sent to our support ticketing system at Support@SiteVivid.com.
      4. All Customer Support requests are subject to verification.
      5. Customers use Premium Support Blocks in exchange for acceptable Customer Support tasks.
      6. Acceptable Customer Support tasks include:
        1. HTML and CSS changes.
        2. Styling with CSS.
        3. Content population & image manipulation (e.g. add blog posts, add new pages, upload images, add new products, etc).
        4. Graphics development (e.g. buttons, banners, etc.).
        5. WordPress advice and support.
        6. Optimization of CSS and Images.
        7. Theme/ Plugin installation and implementation.
        8. Restoring websites from backups.
        9. Troubleshooting website performance, layout, or presentation issues (e.g. slow loading web pages, web page sections or elements not displaying properly, etc.).
      7. Unacceptable Customer Support tasks include but are not limited to:
        1. Any support or troubleshooting related to any email issues.
        2. Support for any service or software not directly related to a website hosted on SiteVivid hosting accounts.
        3. Any copy writing or development.
      8. Customer acknowledges and agrees that SiteVivid can deny any Customer Support request if we determine that the request falls outside our scope of expertise, or is not included on the acceptable Customer Support tasks list in Section 4-a-vi and 4-a-vii of this Agreement, without constituting a breach of this Agreement.
    2. Hosting Networks, Servers, and Software
      1. SiteVivid employs software developed, hosted, and managed by Third Party Service Providers to monitor the availability of Customers’ website(s) 24 hours a day, 7 days a week, unless Customer requests via email that we do not monitor their website.
      2. SiteVivid will alert and work diligently with our Third Party Service Providers in the event of any disruption that negatively affects Services. Customer acknowledges and agrees that any disruption of Services caused by any element of said Service that is provided by any Third Party Service Provider or is reasonably out of our control to remedy, does not constitute a breach of this Agreement.
    3. WordPress, Themes, and Plugins
      1. SiteVivid is dedicated to maintaining up-to-date, secure, and stable website software. As such, we employ automated and manual methods to update the WordPress software, themes, and plugins. If any such update results in any negative impact on Customer’s website, SiteVivid will, at its own discretion, work with Customer to identify and remedy the cause of the issue. If we are unable to remedy the cause of the issue in a timely fashion, or at all, Customer agrees that this does not constitute a breach of this Agreement.
      2. In order for SiteVivid to proactively investigate issues when they arise, we require that the “Administration Email Address” text field found in the WordPress dashboard in the  “Settings” section, “General” subsection, be configured with our Maintenance@SiteVivid.com email address. If Customer does not allow this configuration, or changes or requests a change to the “Administration Email Address”, they understand and agree that they are solely responsible for requesting assistance from us if an issue arises. In the event that an unreasonable amount of email is being sent from Customer’s WordPress software to our email address, Customer agrees to work with us to identify the cause and make necessary changes to alleviate the issue, or remove our email address from the “Administration Email Address” field.
      3. Unless requested by an Authorized User with a User Title granting them sufficient authorization to make such requests, administrative privileges to the WordPress dashboard are disallowed.
      4. If issues arise as a result of actions taken in the WordPress dashboard while Customer is logged in with administrative privileges, and these issues require SiteVivid to resolve them, Customer will be responsible for additional fees that may apply.
    4. Premium Support Blocks
      1. Premium Support Blocks are used by SiteVivid customers in exchange for acceptable Customer Support tasks as outlined in Section 4(a)(vi) and 4(a)(vii) of this Agreement.
      2. One (1) Block represents a single task that takes six (6) to ten (10) minutes or less for our support technicians to complete.
      3. We make every effort to complete tasks as quickly and efficiently as possible. If a task is taking longer than the estimated or expected, for reasons that are not in our control, additional Blocks may be used to accomplish the task.
      4. If a requested task exceeds the amount of Blocks that you have available to you through purchase or included in your hosting plan, you will be responsible for purchasing additional Premium Support Blocks sufficient to accomplish the requested task. We will make every reasonable effort to alert you via email if we anticipate a task taking longer than anticipated.
      5. Premium Support Blocks are intended to be used for small, day-to-day website related tasks and can not be used to pay for or in exchange for: any website-related task that is estimated to take more than thirty (30) minutes to complete; any website-related task or project that we estimate at a value greater than $200; any full-scale website design projects; set up or hosting fees; eCommerce design; 
      6. If a Customer Support task is estimated to take more than 30 minutes to complete, a SiteVivid representative will provide a written cost estimate for completing the requested task.
      7. Unused Premium Support Blocks expire at the end of the associated subscription cycle as stated in the Order, after which they are no longer valid.
      8. Premium Support Blocks are not redeemable for cash or credit.
      9. Premium Support Blocks can only be used for tasks directly related to websites that are hosted on SiteVivid hosting accounts, servers, or networks.
  5. Fees; Invoicing
    1. SiteVivid’s managed hosting plans are available as either monthly or annual subscriptions, depending on the type of service you purchased as indicated on the Order.
    2. All invoices will be delivered electronically via email to the email address associated with the Authorized Users designated by you to receive such correspondence.
    3. Payment Methods:
      1. Monthly subscription plans must be paid via credit card. You can either establish automatic payments, where your provided credit card is charged automatically at the beginning of each monthly cycle, or you can manually submit credit card payments online as detailed in your email invoice.
      2. Annual subscription plans can be paid either by check or by credit card, following the same credit card payment procedures as the monthly subscription plan in Section 5(c)(i).
    4. Invoiced payments must be settled in full within 30 days of the issue date mentioned on the applicable Order.
    5. Any account with an outstanding invoice that remains unpaid for more than 30 days from the invoice issue date may be subject to collections, suspension, or termination without prior notice.
    6. It is your responsibility to ensure that your billing details are accurate and up-to-date. Failure to maintain accurate billing details or to make timely payments may result in steps to collect on the debt or the suspension of your account and associated website(s).
    7. Price Changes: Prices for the Services may be modified at any time at SiteVivid’s sole discretion. The Services do not offer price protection or refunds in the event of price reductions or promotional offerings. SiteVivid will notify you of any price changes at least 30 days in advance, except when such notice is not reasonably achievable.
    8. Thirty (30) Day, Money-Back Guarantee
      1. Guarantee only applies to managed WordPress hosting services and does not apply to any design, photography, digital marketing, custom programming, feature development, or graphic design services.
      2. If you decide that you want to move your website from SiteVivid  to another host for any reason within the first 30 days of service, we’ll refund your plan fees.
      3. Refund must be requested as part of a service cancellation notice made within 30 days of the start of the billing period as indicated on the Order. 
      4. Refund and cancellation notice must be submitted by email and sent to Support@SiteVivid.com by an Authorized User with sufficient permissions to make such a request.
      5. Refund only applies to managed hosting services excluding eCommerce services.
  6. Terms and Termination
    1. This Agreement will automatically renew for successive Renewal Terms, each equal to the immediately preceding term unless either Party provides notice of its intent not to renew or request modifications no later than 30 days prior to the expiration of the then-current term.
    2. Any Authorized User with appropriate privileges may terminate your account and this Agreement at any time by sending a termination request via email to Support@SiteVivid.com. The termination email must originate from that Authorized User’s email address. All account termination requests are subject to verification by SiteVivid.
    3. We reserve the right to terminate this Agreement prior to the end of the Term under the following circumstances:
      1. If you materially breach the Agreement and fail to cure such breach within 10 days of receiving written notice from us.
      2. If we reasonably believe that your use of the Services poses a threat to or negatively affects our network or systems, violates any applicable laws, or interferes with or otherwise hinders our ability to provide services to other customers.
      3. In the event of abusive, harassing, or threatening behavior directed towards any SiteVivid employees, customers, or vendors.
      4. For convenience, with at least 30 days’ prior written notice.
      5. For any other cause specified elsewhere in this Agreement.
    4. In cases of termination for convenience, where we provide you with at least 30 days’ notice, we will refund you a prorated amount of any Fees paid annually in advance for Services beyond the termination date. This refund will be adjusted for any outstanding amounts you may owe us.
    5. Upon termination of your account:
      1. You will no longer have access to any of our support services including but not limited to our support ticketing system or phone.
      2. We will not be responsible for any site migration tasks.
      3. We will not provide access to any backups executed and stored by us. It is your sole responsibility to maintain offline backups of your site at all times.
  7. Ownership
    1. Customer Content is and shall remain your exclusive property. We do not claim any rights to the Customer Content, except as explicitly granted herein.
    2. During the Term of the Agreement, you grant us, our affiliates, providers of Third Party Service Providers, and subcontractors a non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, worldwide license. This license allows us to use, modify, publicly perform, publicly display, reproduce, prepare derivative works of, and distribute the Customer Content, but solely to the extent necessary to provide the Services to you in accordance with the terms of this Agreement.
    3. We and our licensors own, and will continue to own, all rights, titles, and interests in and to the Services and the systems and networks used to provide these Services. This includes any system-generated data (e.g., performance data), modifications, improvements, upgrades, derivative works, and all intellectual property rights related to these. Except for the specific rights expressly granted in this Agreement, we do not provide any other licenses, whether express or implied, for our intellectual property, which includes software, services, or products.
    4. We may seek feedback about the Services, which you or your Authorized Users may provide voluntarily. Any feedback provided by you or your Authorized Users is considered to be given freely. Except to the extent such feedback contains your Confidential Information, we are entitled to use and disclose this feedback for any purpose without being accountable to you or any other individual or entity. Additionally, we shall own all rights, titles, and interests in and to such feedback, including any alterations, modifications, or upgrades made to our existing products or services and any new products or services developed using the feedback provided by you or your Authorized Users.
  8. Objectionable Material
    1. Pornography: Users are strictly prohibited from uploading, sharing, or disseminating any form of explicit sexual content or materials that may be classified as pornographic or sexually explicit in nature on any SiteVivid-hosted website.
    2. Adult-Related Content: Any content that is intended for adults only, including but not limited to explicit sexual discussions, adult-themed images, and materials that are not suitable for minors, is expressly prohibited.
    3. Promotion of Adult Services: Users may not promote, advertise, or offer any adult services, including escort services, adult dating sites, or any other services of a similar nature.
    4. Otherwise Illegal Content: Any content that violates local, state, national, or international laws, regulations, or policies, or is otherwise considered illegal, including but not limited to hate speech, harassment, discrimination, or content encouraging criminal activities, is strictly prohibited.
    5. SiteVivid reserves the right to remove any content considered to fall under these categories, without notice or liability, to maintain a safe and compliant online environment for all users of our hosted websites.
  9. Confidentiality
    1. Either Party may from time to time disclose Confidential Information to the other Party.  The receiving Party will keep in confidence and trust and will not disclose or disseminate, or permit any employee, agent or other party working under the receiving Party’s direction to disclose or disseminate the existence, source, content or substance of any Confidential Information to any other party.  The receiving Party shall use Confidential Information of the disclosing Party only as necessary for the performance of this Agreement.
  10. Security; Data Privacy
    1. SiteVivid takes commercially reasonable administrative, physical, and electronic measures designed to safeguard and protect the Customer Content from unauthorized access, use, modification, deletion, and/or disclosure.  However, SiteVivid cannot guarantee that unauthorized third parties will never be able to defeat the security measures or use Customer Content for improper purposes. Customer understands and agrees that Customer provides Customer Content at their own risk.
  11. Representations And Warranties
    1. Each party represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement; (b) execution of this Agreement by such Party, and the performance by such Party of its obligations and duties hereunder, do not and will not violate any agreement to which such Party is a Party or by which it is otherwise bound; (c) that it will perform its obligations or exercise its rights hereunder in conformance with all applicable laws, rules, regulations and guidelines; and (d) there is no pending or threatened litigation that would have a material adverse impact on its performance under this Agreement.
    2. Customer further warrants that it owns or controls all right, title, and interest in and to the Marks and that it will not infringe upon or violate the intellectual property rights of others.
    3. SiteVivid is not responsible or liable in any way for any Third Party Products, even if SiteVivid endeavors to assist Customer with resolving problems or issues with Third Party Products.
    4. Except as otherwise set forth herein, SiteVivid’s services are provided on an “as is” and “as available” basis, and Customer’s use of SiteVivid’s services is at its own risk.  Except as otherwise explicitly set forth herein, SiteVivid does not make, and hereby disclaims, any and all express, implied or statutory warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, compliance with law, security, absence of viruses or other malicious software, and any warranties arising from a course of dealing, usage or trade practice.  Furthermore and without limitation, SiteVivid does not warrant that the use of SiteVivid’s Services will result in any particular results, that the Services will be error-free or uninterrupted, or that its security measures will prevent third party access to Customer Content.
    5. Customer agrees that SiteVivid has made no agreements, representations or warranties other than those expressly set forth in this Agreement, and that no future agreement, representation or warranty of SiteVivid with regard to Services provided under this agreement shall be effective.
  12. Indemnification
    1. Customer agrees to indemnify, defend and hold harmless Company and each of its respective agents, officers, directors, employees and affiliates from and against any and all claims, suits, liability, action, proceeding, loss, expense, damages and/or costs (including without limitation reasonable attorney’s fees and costs) resulting directly or indirectly from:
      1. Customer’s breach of this agreement, any warranty and/or representation herein;
      2. any violation by Customer of applicable federal, state or local laws or regulations;
      3. Customer’s gross negligence.
    2. Customer may not enter into any settlement that would admit any wrongdoing by or impose any liability on the part of SiteVivid, or impose any obligation on the same, without our prior written consent.
  13. Limitations
    1. SiteVivid performs regular backups of your site and Customer Content (as outlined in the Order). We do not guarantee that there will be no loss or corruption of your data as data loss or corruption can be caused by many circumstances beyond our control. We will provide, at our discretion, assistance and support in troubleshooting and recovering lost or corrupted data to our best ability. You understand and acknowledge that we may not be able to recover lost data or identify any cause for data loss or corruption and that we have no liability related to backup data integrity, lost or corrupted backup data, or any inability to restore your content to a usable and stable state.
    2. It is expressly agreed that in no event shall either Party, or any officers, directors, stockholders, agents, and employees, be liable for any special, indirect, consequential, or exemplary damages, including but not limited to, loss of profits or revenues, loss of use, or loss of information or data, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if SiteVivid has been apprised of the possibility or likelihood of such damages occurring.
    3. Each Parties’ aggregate liability under this agreement, regardless of theory of liability, shall be limited to the aggregate Fees paid or payable under this Agreement for the twelve (12) month period preceding the event first giving rise to the claim.
    4. In the event of a defect in the Services, SiteVivid may either: (A) re-perform the Services; or (B) fully or partially credit or refund the Fees paid by Customer for such Services.
    5. If Third Party Service Providers cease providing services to SiteVivid pursuant to their agreements, or revises their terms of service, then the respective obligations of SiteVivid hereunder shall terminate or be modified according to the third party terms, at SiteVivid’s option, and SiteVivid shall incur no associated liability to Customer with respect to such termination or modification, except that the parties shall work together in good faith to find suitable replacement providers.
    6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, SiteVivid’s liability shall be limited to the maximum extent permitted by law.
  14. General Provisions
    1. Insurance. Each party shall be responsible for procuring and maintaining for itself and its employees all insurance coverages as appropriate for its business and required by Federal or State law, including workers’ compensation insurance.
    2. Export Control Law.  The Services, and any software or documentation delivered to Customer under this Agreement are subject to export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was accessed, used, or obtained, if outside those jurisdictions. Customer agreed that it shall abide by all applicable export control laws, rules, and regulations applicable to the Services, software and documentation. Customer represents and warrants that it is not located in or under the control of or a resident of any country, person, or entity prohibited to receive the Services, software or documentation due to export restrictions and that Customer will not export, re-export, transfer, or permit the use of the Services, software or documentation, in whole or in part, to or in any of such countries or to any of such persons or entities.
    3. Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.  Notwithstanding the foregoing, either party may assign this Agreement, without the other party’s consent, in the event of a merger, acquisition, or sale of all or substantially all of its assets.
    4. Force Majeure. f either party cannot perform any of its obligations (other than payment obligations which are not affected by this provision) because of any act of God, court order, fire, riot, war, or any other causes beyond a party’s reasonable control, and provided further that the party could not have mitigated, avoided or prevented the cause or delay through the exercise of reasonable care and precautions (a “Force Majeure Event”), then the non-performing Party will:  (i) immediately notify the other Party; (ii) take reasonable steps to resume performance as soon as possible; and (iii) not be considered in breach during the duration of the Force Majeure Event.  In the event a Force Majeure Event continues for a period of ninety (90) days, either party may terminate this Agreement by providing written notice to the other party with no further liability to the other party.
    5. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Florida.  For any dispute, the Parties agree to first attempt to resolve the dispute informally. In the event that the Parties are unable to resolve a dispute after sixty (60) days, the parties agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief which may be brought in federal or state courts situated in Sarasota County, Florida) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Sarasota County, Florida, unless the Parties agree otherwise. The arbitrator, witness, party representative, counsel, expert or staff may participate by video conference where such participant (when participating) can be heard and seen (i.e., Zoom). Each Party will be responsible for paying its applicable JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Nothing in this Section shall be deemed as preventing a Party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its confidential information, intellectual property rights or other proprietary rights.
    6. Notices. Any notices or communication under this Agreement shall be in writing and by electronic mail.  Each party may change its email address for receipt of notice by giving notice of such change to the other party.  For contractual purposes, SiteVivid and Customer consent to receive communications from each other in an electronic form, and Customer agrees that all terms and conditions, agreements, notices, disclosures, and other communications that SiteVivid provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
    7. Publicity. During the Term of this Agreement and at all times after the termination or expiration of this Agreement, neither party shall make any media release or other public announcement relating to or referring to this Agreement without the other party’s prior written consent (email acceptable).
    8. Binding Agreement. This Agreement shall be binding upon both parties and upon their respective executors, administrators, successors, and assigns.
    9. Severability. In the event that any provisions hereof shall be held to be invalid or unenforceable for any reason whatsoever, it is agreed that such invalidity or unenforceability shall not affect any other provision of this Agreement and the remaining provisions shall remain in full force and effect.
    10. Survival. During the Term of this Agreement and at all times after the termination or expiration of this Agreement, neither party shall make any media release or other public announcement relating to or referring to this Agreement without the other party’s prior written consent (email acceptable).
    11. Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall confer, upon any person or entity other than the parties, their licensors, and their respective successors or assigns any rights, remedies, obligations, or liabilities whatsoever.
    12. Advice of Counsel & Authority. Each party acknowledges: (a) having fully read this Agreement in its entirety; (b) having had full opportunity to study and review this Agreement; (c) having been advised that all parties have the right to consult and should consult independent counsel respecting their rights and duties under this Agreement; and (d) having had access to all such information as has been requested. The individuals, corporations or entities entering into this Agreement represent and warrant that they are competent and capable of entering into a binding contract, and that they are authorized to enter into this Agreement on behalf of the parties.
    13. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of this Agreement.
    14. Waiver. The failure of either party hereto to insist in any one or more instances upon strict compliance with the performance of this Agreement or to take advantage of any respective rights hereunder shall not be construed to be a waiver of such provisions or the relinquishments of such rights in other instances, but the same shall continue and remain in full force and effect.
  15. Definitions
    1. “Account Information” means the essential details about your account or those of your Authorized Users, which we require and use to deliver the Services to you. This information encompasses account configurations and billing data.
    2. “Agreement” has the meaning provided in Section 1(a).
    3. “AUP” means the Acceptable Use Policy Located at https://sitevivid.com/legal/acceptable-use-policy/.
    4. “Authorized User” means a user whom you have identified and authorized to request changes in accordance with their User Title limitations, to your website or account through our support ticketing system.
    5. “Beta Services” means any services which are clearly designated by us as Beta Services. Beta Services may be in early stages of testing or development, may not be recommended for production use, may not have a final or complete cost or price, and are subject to further changes, disclaimers, and limitations as outlined in the Agreement.
    6. “Confidential Information” is all nonpublic information concerning the business, technology, and strategies of the disclosing Party which is conveyed to the receiving Party orally or in tangible form and is either marked as “confidential” or which, due to the circumstances surrounding its disclosure or its nature or sensitivity, should have been understood by the receiving Party as intended to be treated as “confidential” and subject to the undertakings of this Agreement.
    7. “Customer”,  “you”, or “your” means the entity entering into this Agreement with SiteVivid upon the actions taken by its authorized representative.
    8. “Customer Content” means the text files, images, photos, videos, audio, sounds, or any other materials or creative works owned by you or your end users, which you choose to store within the Services, with the exclusion of Account Information.
    9. “Customer Support” means assistance provided by SiteVivid at the request of Customer for acceptable, website-related tasks in accordance with the limitations and allowances found in Section 4 of this Agreement.
    10. “SiteVivid”, “Company”, “we”, or “our” means SiteVivid LLC, a Florida corporation located at 2772 Lench Place, Sarasota, FL, 34235.
    11. “Initial Term” means the term stated in the Order.
    12. “Marks” means Customer’s name, trademarks, copyrights, logos and any other marketing materials.
    13. “Order” means the order form, invoice, or online transaction which describes the Services and clearly and conspicuously displays a link to these Terms of Service.
    14. “Party” means either Customer or SiteVivid; “Parties” means both Customer and SiteVivid.
    15. “Privacy Policy” means the policy located at https://sitevivid.com/legal/privacy-policy/
    16. “Renewal Term” means any term after the Initial Term.
    17. “Services” means the hosting, support, website or graphic design and development, and other related services we provide to you as described in the Order.
    18. “Term” means the entirety of the Initial Term and all Renewal Terms.
    19. “Third Party Products” means hardware, software, products and/or services that are not specifically provided by SiteVivid per the terms of the applicable Invoice.
    20. “Third Party Service Providers” means companies that provide software, applications, products or services used or incorporated by SiteVivid as part of the Services provided. A current list of providers can be found here: https://sitevivid.com/legal/3rd-party-service-providers/
    21. “User Title” has the meaning provided in Section 3(d).
    22. “Premium Support Blocks”, “Support Blocks”, or “Blocks” are defined in Section 4(d).
    23. “Wordpress Editor Level Access” means user credentials for Customer’s WordPress dashboard with permissions of editor as defined at https://wordpress.org/documentation/article/roles-and-capabilities/#editor 
    24. “Wordpress Administrative Level Access” means user credentials for Customer’s WordPress dashboard with permissions of administrator as defined at https://wordpress.org/documentation/article/roles-and-capabilities/#administrator