THIRST PRODUCTIONS, LLC – TERMS OF SERVICE for WEB HOSTING & MAINTENANCE SERVICES

 

1. FINANCIAL OBLIGATIONS & PAYMENT TERMS

  • Invoicing and Payment: Terms of payment are invoiced and C.O.D. (Cash on Delivery) unless explicit written credit approval has been granted by Thirst Productions, LLC (hereafter “Company”).

  • Service Suspension & Termination: Company reserves the right to revoke any credit extended or immediately terminate any and all services provided if any invoice or payment obligation is in arrears for more than thirty (30) days.

  • Reconnection & Data Maintenance: In the event of an account default, all costs to resume service will be billed to the Client. Company is under no obligation to maintain, back up, or preserve website data, files, or databases if the account remains in default.

  • Late Fees: A late fee of 10% of the overdue balance may be automatically charged monthly if financial obligations are not met.

2. NETWORK CONTENT & DATA FLOWS

  • Company exercises no control whatsoever over the content of the information, data, or media passing through its managed network, client email systems, or hosted websites.

  • Client assumes sole liability for all data hosted or transmitted via Company’s infrastructure.

3. DISCLAIMER OF WARRANTIES & INFRASTRUCTURE PERFORMANCE

  • “As-Is” Service: Company makes no warranties or representations of any kind, whether expressed or implied, for the services it provides. Company explicitly disclaims any warranty of merchantability or fitness for any particular purpose.

  • Damages Limitation: Company will not be responsible for any damages suffered by Client, including but not limited to loss of data resulting from delays, non-deliveries, security breaches, or service interruptions caused by any factor, including errors or omissions of the Client. Use of any information or technical assets obtained via Company is strictly at Client’s own risk.

  • Network Speed: Connection speed represents the speed of an end-to-end connection. Company does not represent or guarantee specific speeds or the uninterrupted availability of end-to-end connections.

  • Downtime Credit Cap: Company expressly limits its total financial liability to Client for any website non-accessibility or hosting downtime to a pro-rata monthly charge during the specific system unavailability period. Company specifically denies any responsibility for consequential, indirect, or punitive damages arising from website downtime.

4. CODE LIFE CYCLES & ENVIRONMENT STABILITY

  • Natural Life of Code: Company has no control over activities or technical issues related to the natural lifecycle of a website’s code base. Ongoing automated or manual updates to WordPress core files, third-party plugins, software dependencies, and design themes can cause websites to fail, break layout parameters, or become corrupted without warning.

  • No Warranty of Flawless Operation: Company provides the basic infrastructure tools to host a website and makes no warranty, express or implied, that a website will operate without fault, security vulnerability, or interruption.

  • Restoration and Billable Support: Company is not responsible for repairing security breaches, data theft, or system breaks caused by plugin/theme updates or the end of a design’s useful life. Any technical work completed by Company to investigate, restore, or rebuild broken or compromised sites will be billed at Company’s standard hourly billing rates, with the sole exception of running a standard automated site restoration from an existing, uncorrupted backup file.

5. SOFTWARE LICENSING & THIRD-PARTY SAAS TOOLS

  • Unless explicitly agreed otherwise in a separate, signed project scope, the Client is exclusively responsible for purchasing, funding, and maintaining all third‑party software licenses utilized on the Website. This includes, but is not limited to, commercial WordPress themes, premium plugins, font libraries, extensions, and external SaaS integrations.

  • While Company may recommend, purchase under developer accounts, or initially configure such tools during site assembly, ongoing tracking, renewals, license compliance, and financial management of these tools remain the sole responsibility of the Client.

6. PRIVACY, COOKIE, AND STATUTORY LEGAL COMPLIANCE

  • No Custody of Compliance: Company strongly encourages accurate, comprehensive, and up-to-date privacy policies, cookie policies, and clear terms of use on all client sites. However, it is explicitly not the duty or responsibility of the webmaster, developer, or hosting service to ensure website content, user trackers, or data collection mechanisms are legally compliant.

  • Tracking Pixels & Third-Party Telemetry: While Company may technically assist Client with the integration or deployment of tracking scripts, marketing analytics, pixels, tags, SDKs, or cookies (including, but not limited to, Google Analytics, Meta Pixels, chat widgets, and social media telemetry tools) at the Client’s request, Client maintains sole and exclusive legal ownership and liability for those tools.

  • Statutory Privacy Laws: Client is exclusively responsible for ensuring that its data gathering, processing, and website behaviors comply with all relevant local, state, federal, and international frameworks. This includes, but is not limited to, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and all state and federal wiretapping, eavesdropping, consumer tracking, or surveillance statutes (including the California Invasion of Privacy Act – CIPA).

  • No Legal Advice: Company provides technical execution only. No recommendation, technical setup, or installation of a cookie banner or privacy framework by Company constitutes formal legal advice. Company is not liable for third-party demand letters, litigation, class-actions, or regulatory actions resulting from automated data transmissions or tracking pixels deployed on Client’s domain.

7. INTELLECTUAL PROPERTY & CONTENT LICENSING

  • Client explicitly warrants and represents that it possesses all legal rights, permissions, ownership, or valid licenses to use any trademarks, copyrights, media assets, images, brand designs, or copy provided to Company for use on or in connection with the hosted website.

  • Company specifically denies any responsibility for hosting, storing, or publishing digital or written material that is unlicensed or used without proper legal authorization.

8. ACCOUNT TERMINATION

  • Company, at its sole discretion, reserves the right to terminate its business relationship, hosting services, and development agreements with any client for any reason.

  • Company will provide a minimum of thirty (30) days’ written notice before closing a non-defaulting hosting account, allowing the Client adequate time to relocate their website, domain assets, and databases to an alternative provider.

9. LEGAL DISPUTES, PREVAILING PARTY, & VENUE

  • If legal proceedings, arbitration, or formal dispute actions are commenced to resolve an issue arising out of, or relating to, this Agreement, the prevailing party shall be legally entitled to recover all reasonable costs, legal fees, and expert witness fees incurred.

  • This entitlement extends fully to any costs or legal fees incurred in connection with appeals or enforcement of judgments.

10. INDEMNIFICATION

  • Client agrees to indemnify, defend, and hold harmless Thirst Productions, LLC, its members, officers, and employees from and against any and all claims, liabilities, losses, losses of business, damages, regulatory penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

    1. Any content, media, or material hosted on the Website.

    2. Any third-party tracking tools, cookies, pixels, or analytics mechanisms deployed on the Website at the client’s direction.

    3. Any allegations of privacy violations, consumer wiretapping claims, or data collection lawsuits brought against Client or Company regarding the technical operations of the domain.

11. NO WAIVER OF RIGHTS

  • A failure by any party to exercise, or any delay in exercising, any right, power, or remedy conferred within this Agreement shall not operate as a waiver of that or any other right or power.

12. CONTACT INFORMATION

  • Questions or clarifications regarding these Terms of Service should be formally directed to the Company via email.

 www.thirstproductions.com

Thirst Productions, LLC
PO Box 480 Chocorua NH 03817
[email protected]

Last Edited on 6/16/2026

Thirst Productions New Hampshire Web Developer