This Web Hosting Services Addendum (“Addendum”) is incorporated into and made a part of the Standard Terms and Conditions (“STC’s”) of Octane Marketing Solutions, Inc. (“Octane”). This Addendum applies whenever an applicable Marketing Services Order (“MSO”) specifies that Octane shall provide web hosting services to Client. In the event of any conflict between this Addendum and the STC’s, the terms of this Addendum shall control with respect to hosting services.
1. Scope of Hosting Services
Octane will provide web hosting services as specified in the applicable MSO, including the provisioning of server resources necessary to make Client’s website accessible via the internet. Hosting services are provided on a month-to-month or term basis as set forth in the MSO and are subject to all terms of this Addendum.
2. Acceptable Use
2.1 Permitted Use. Client’s hosted website and associated server resources shall be used solely for lawful purposes and in accordance with all applicable federal, state, and local laws and regulations.
2.2 Prohibited Uses. Client shall not use the hosting services, directly or indirectly, for any of the following:
- Transmitting, distributing, or storing any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable in Octane’s sole discretion;
- Distributing malware, viruses, ransomware, spyware, or any other malicious or harmful code;
- Sending unsolicited bulk email (spam) or operating any open mail relay;
- Hosting phishing pages, fraudulent storefronts, or content designed to deceive end users;
- Infringing any third party’s intellectual property rights, including the unauthorized distribution of copyrighted materials;
- Consuming excessive server resources — including CPU, bandwidth, storage, or memory — in a manner that degrades the performance of shared infrastructure or other hosted clients;
- Attempting to gain unauthorized access to any server, network, or system;
- Violating any applicable export control laws or transmitting content prohibited under such laws.
2.3 Suspension for Abuse. Octane reserves the right to suspend hosting services immediately, and without prior notice, if Octane determines in its sole discretion that Client’s website or use of server resources violates this Section 2. Octane shall not be liable to Client for any damages, losses, or costs arising from such suspension. Octane will make reasonable efforts to notify Client promptly following any suspension.
2.4 DMCA Compliance. Octane will respond to valid notices of copyright infringement submitted under the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a valid DMCA takedown notice, Octane may disable access to or remove the identified content from Client’s hosted website. Client is solely responsible for ensuring that all content published on its website does not infringe any third party’s copyright or other intellectual property rights.
3. Uptime and Service Availability
3.1 No Uptime Guarantee. Octane does not guarantee any specific level of uptime, availability, or uninterrupted access to Client’s hosted website. Hosting services are provided on an “as available” basis. Scheduled or unscheduled maintenance, third-party infrastructure issues, force majeure events, or other circumstances outside of Octane’s reasonable control may result in periods of unavailability.
3.2 No SLA. Unless a specific Service Level Agreement (“SLA”) is expressly set forth in a signed MSO, no uptime commitments or performance guarantees of any kind are made by Octane with respect to hosting services.
3.3 Maintenance. Octane reserves the right to perform maintenance on hosting infrastructure at any time. Octane will make reasonable efforts to schedule maintenance during off-peak hours and to provide advance notice to Client where practicable.
4. Backups and Restoration
4.1 Backup Schedule. Octane will perform backups of Client’s hosted website files and database on a weekly basis. Octane retains a rolling archive of up to four (4) weeks of previous backups. Backups beyond this retention window are not guaranteed to be available.
4.2 Backup Purpose. Backups are maintained as a precautionary measure only and are not a substitute for Client maintaining its own independent copies of website content. Octane does not guarantee the completeness, accuracy, or recoverability of any backup.
4.3 Restoration Requests. In the event Client requires restoration from a backup, Client must notify Octane in writing as soon as possible after becoming aware of the issue requiring restoration. Octane’s ability to successfully restore a prior version of Client’s website may depend on the timeliness of Client’s notification. Octane shall not be responsible for any inability to restore, or for data loss or damages, resulting from Client’s failure to notify Octane promptly. Backup restoration is included in the hosting service at no additional charge.
4.4 No Liability for Backup Failure. Octane shall not be liable for any loss, corruption, or unavailability of backup data, or for any business interruption, lost revenue, or other damages arising from a failure to recover data from backup, regardless of the cause.
5. Security
Octane will make commercially reasonable efforts to maintain the security of hosting infrastructure, including the installation of applicable security patches and updates in accordance with Section 3.6(a) of the STC’s. Client is responsible for maintaining the security of its own website, including keeping all CMS software, themes, and plugins current, using strong credentials, and promptly notifying Octane of any known or suspected security incident.
6. Cancellation and Data Retrieval
6.1 Effect of Cancellation. Upon cancellation or termination of hosting services for any reason, Client’s website will be taken offline and hosting services will cease in accordance with the terms of the applicable MSO and the STC’s.
6.2 Delivery of Website Files. Provided Client’s account is current and all outstanding fees have been paid in full, Octane will make available to Client a copy of Client’s website files and database upon written request submitted prior to or at the time of cancellation. Octane will use commercially reasonable efforts to deliver such files within ten (10) business days of receiving Client’s written request and confirming that all outstanding balances have been satisfied.
6.3 File Retention After Cancellation. Octane will retain Client’s website files and database for a period of seven (7) days following the cancellation or termination of hosting services. After this period, Octane is under no obligation to retain, archive, or provide access to any Client website files, databases, backups, or associated data, and such data may be permanently deleted without further notice. Octane shall not be liable for any loss of data following this retention period.
6.4 No Long-Term Archival. Octane does not provide long-term storage or archival of websites for canceled or terminated accounts. Client is solely responsible for retrieving its website files and data within the retention period set forth in Section 6.3.
7. Fees and Payment
Hosting fees are as specified in the applicable MSO. All hosting fees are due and payable in accordance with the payment terms set forth in the MSO and Section 7 of the STC’s. Octane reserves the right to suspend hosting services for any account with overdue or unpaid balances, with or without prior notice. Suspended accounts that remain unpaid for more than thirty (30) days may be subject to permanent termination, and the data retention provisions of Section 6 shall apply from the date of termination.
8. Limitation of Liability
Without limiting the general limitation of liability set forth in Section 12 of the STC’s, Octane’s total liability to Client for any claim arising out of or related to hosting services — including without limitation claims related to downtime, data loss, backup failure, or service interruption — shall in no event exceed the total hosting fees paid by Client to Octane in the three (3) months immediately preceding the event giving rise to the claim.
9. Modifications
Octane reserves the right to modify the terms of this Addendum at any time. Changes will become effective upon their publication on Octane’s website and will apply to all active and future MSOs unless otherwise expressly agreed in writing by the parties.
This Addendum is incorporated into and governed by the Standard Terms and Conditions of Octane Marketing Solutions, Inc., and shall be interpreted in accordance with the governing law provisions set forth therein.