Effective: October 1, 2024
Mailing Address: PO Box 437, Fishkill, New York, 12524

These Hosting Terms of Service (“Agreement”) govern the hosting services provided by Tipsy Media, LLC, doing business as Tipsy Social and Tipsy Support, collectively referred to as “Tipsy,” “we,” “us,” or “our.”

By purchasing, subscribing to, accessing, or using hosting services provided by Tipsy, you agree to the following terms and conditions. If you do not agree to these terms, you may not use our hosting services.

1. Hosting Services

Tipsy provides website hosting services for eligible client websites through third-party hosting infrastructure, including but not limited to SiteGround’s cloud platform.

Hosting services may include server space, storage, bandwidth, SSL support, and access to the technical infrastructure necessary to make your website available online. Specific hosting features may vary based on your selected plan, subscription, quote, invoice, or written agreement.

Hosting services are separate from website maintenance, website management, content updates, SEO services, design services, development services, marketing services, and Tipsy Support services unless those services are expressly included in a separate written agreement or active subscription.

2. Relationship to Tipsy Support Services

Hosting services do not automatically include Tipsy Support.

Clients who host their website with Tipsy are not automatically enrolled in a Tipsy Support maintenance plan. Hosting-only clients do not receive website updates, plugin updates, theme updates, WordPress core updates, uptime monitoring, weekly reports, support tickets, Care Credits, broken link monitoring, analytics integration, security hardening, performance optimization, or other Tipsy Support services unless those services are included in an active Tipsy Support subscription or separate written agreement.

Clients who also subscribe to Tipsy Support are additionally subject to the Tipsy Support Terms of Service. In the event of a conflict between these Hosting Terms of Service and the Tipsy Support Terms of Service, the terms specific to the service being provided shall control.

3. Third-Party Hosting Infrastructure

Tipsy uses third-party hosting platforms, software providers, security tools, content delivery networks, and related vendors to provide hosting services.

By using our hosting services, you acknowledge that your website may be subject to the terms, conditions, technical limitations, acceptable use policies, security standards, and availability of third-party providers.

Tipsy is not responsible for outages, interruptions, errors, restrictions, performance issues, security incidents, policy changes, pricing changes, account limitations, or infrastructure failures caused by third-party hosting providers, domain registrars, DNS providers, email providers, plugin developers, software vendors, or other outside platforms.

4. Client Responsibilities

You are responsible for maintaining the content, accuracy, legality, and compliance of your website and all materials published, uploaded, collected, stored, or distributed through it.

You agree that your website will not host, publish, distribute, transmit, or promote content that is unlawful, infringing, defamatory, abusive, threatening, harmful, malicious, fraudulent, obscene, discriminatory, or otherwise prohibited.

You are responsible for ensuring that your website complies with all applicable laws, rules, and regulations, including but not limited to privacy laws, accessibility requirements, data protection laws, intellectual property laws, industry-specific compliance requirements, advertising laws, and consumer protection laws.

Tipsy does not provide legal, privacy, accessibility, regulatory, tax, or compliance advice as part of hosting services.

5. Acceptable Use

You agree not to use Tipsy’s hosting services in a way that may damage, disable, overburden, compromise, or impair the hosting environment, server performance, security systems, third-party infrastructure, or other websites.

Prohibited uses include, but are not limited to:

• Hosting or distributing malware, viruses, spyware, ransomware, or malicious code.
• Sending spam or unauthorized bulk email.
• Attempting to gain unauthorized access to systems, accounts, websites, or networks.
• Hosting illegal, infringing, or deceptive content.
• Running scripts, bots, or tools that create excessive server load.
• Using the hosting environment for cryptocurrency mining, scraping, phishing, or other abusive activity.
• Violating the acceptable use policies of Tipsy’s third-party hosting providers.

Tipsy reserves the right to suspend or terminate hosting services if a website or client account violates these terms or creates operational, legal, security, or reputational risk.

6. Website Access and Administrative Permissions

To provide hosting, troubleshooting, migration, configuration, or support related to hosting services, Tipsy may require access to your website, hosting environment, domain registrar, DNS provider, content management system, database, files, or related third-party platforms.

If required access is not provided, is removed, changed, restricted, expired, or otherwise unavailable, Tipsy may be unable to provide hosting-related assistance. No refunds or credits will be issued due to missing, revoked, inaccurate, or incomplete access.

When credentials are required, clients should provide access through secure methods approved by Tipsy. Credentials may be stored in a hardened password manager with delegated access available only to authorized personnel.

7. Domains, DNS, SSL, and IP Addresses

Clients are responsible for maintaining ownership, registration, renewal, and control of their domain name unless otherwise agreed in writing.

Tipsy may assist with DNS records, nameservers, SSL certificates, CDN configuration, IP addresses, redirects, or other technical settings necessary for hosting services. However, successful configuration may depend on access, third-party providers, propagation time, registrar policies, DNS provider limitations, and client-managed accounts.

Clients do not own or have transfer rights to IP addresses, server infrastructure, nameservers, or other hosting resources assigned or used for hosting purposes. IP addresses, server settings, and infrastructure configurations may be changed, reassigned, or updated as needed.

Failure to maintain domain registration, DNS access, SSL configuration, or required third-party accounts may result in website downtime.

8. Data Usage, Storage, and Resource Limits

Hosting services are subject to reasonable usage limits, storage limits, bandwidth limits, file limits, database limits, processing limits, and other technical restrictions established by Tipsy or its third-party hosting providers.

Tipsy may take reasonable action to protect server performance, uptime, security, and reliability if a website exceeds normal usage, creates instability, consumes excessive resources, or negatively impacts the hosting environment.

This may include temporary suspension, resource limitation, caching adjustments, disabling problematic scripts or plugins, upgrade recommendations, or migration to a more appropriate hosting environment.

If your website requires resources beyond the scope of your current hosting arrangement, Tipsy may recommend or require an upgraded hosting plan or separate hosting solution.

9. Backups and Data Retention

Hosting services do not automatically include managed backups unless backups are expressly included in your hosting plan, Tipsy Support subscription, or separate written agreement.

Even when backups are provided, clients remain responsible for maintaining their own copies of important website content, files, images, media, databases, form submissions, customer records, documents, and business data.

Tipsy does not guarantee that any backup will be available, complete, current, restorable, or compatible with another hosting environment.

Upon cancellation, suspension, or termination of hosting services, Tipsy may delete website files, databases, backups, staging environments, reports, logs, and related data. Tipsy is not responsible for restoring or retaining data after services are canceled or terminated unless expressly agreed in writing.

10. Security

Tipsy makes reasonable efforts to maintain a secure hosting environment, but no hosting service can be guaranteed to be completely secure, uninterrupted, or free from compromise.

Clients are responsible for using strong passwords, limiting administrative access, maintaining secure user practices, protecting their own devices, managing third-party accounts, and ensuring that any plugins, themes, scripts, forms, integrations, or tools used on their website are properly licensed and maintained.

Tipsy is not responsible for website compromise, malware infection, unauthorized access, data loss, spam activity, downtime, or security issues caused by client actions, weak passwords, outdated software, abandoned plugins, third-party vulnerabilities, unauthorized users, or external platforms.

Tipsy may disable, remove, quarantine, or restrict access to files, plugins, themes, scripts, or accounts that appear to create a security risk.

11. Software, Plugins, Themes, and Website Functionality

Hosting services do not guarantee that your website, plugins, themes, integrations, forms, scripts, or third-party tools will function without errors.

WordPress websites and other content management systems may rely on third-party software outside of Tipsy’s control. Updates, conflicts, deprecated code, unsupported plugins, server requirements, licensing issues, or third-party platform changes may affect website functionality.

Tipsy is not responsible for issues caused by third-party software, plugins, themes, integrations, APIs, page builders, tracking tools, payment processors, email platforms, or custom code.

Troubleshooting, repairing, replacing, updating, or rebuilding website functionality may require an active Tipsy Support subscription, Care Credits, or a separate paid service agreement.

12. Email, Forms, and Website Notifications

Hosting services do not include business email hosting unless expressly stated in a separate agreement.

Website-generated emails may include contact form submissions, administrative messages, WordPress notifications, system alerts, ecommerce notices, password resets, and error messages.

By default, website-generated emails may be sent from a Tipsy-controlled sender address, such as a no-reply address, unless custom email authentication or domain sender configuration has been purchased and configured.

Tipsy is not responsible for failed email delivery, spam filtering, missing form notifications, third-party email provider restrictions, DNS misconfiguration, mailbox limitations, client-managed email platforms, or email authentication issues.

Custom domain sender signatures, SMTP configuration, authenticated email delivery, or transactional email setup may be available at an additional cost.

13. Billing, Payment, and Renewals

Hosting fees are billed monthly, annually, or according to the billing schedule provided at the time of purchase, subscription, quote, invoice, or written agreement.

Payments are due in full by the applicable due date. Late, failed, disputed, or missed payments may result in suspension, interruption, or termination of hosting services.

Unless canceled before renewal, hosting services may automatically renew for the same term or billing period. You authorize Tipsy to charge the payment method on file for applicable renewal fees.

Tipsy may adjust hosting fees at the time of renewal or with advance notice when practical.

14. Failed Payments and Account Suspension

If a payment fails, the client is responsible for updating payment information promptly.

Tipsy may pause hosting services, hosting support, website access, maintenance services, backups, reporting, updates, Care Credit work, or related services until payment is made in full.

If payment remains unpaid for 30 days or more, Tipsy may cancel the account, terminate services, remove access, delete backups, and destroy hosted data.

Tipsy is not responsible for recovering websites, files, databases, backups, emails, records, or content after cancellation, suspension, or termination due to non-payment.

15. Refund Policy

Hosting fees, setup fees, migration fees, maintenance fees, subscription payments, support fees, and Care Credit purchases are non-refundable unless otherwise required by law or expressly agreed to in writing by Tipsy.

No refunds or credits will be provided for unused hosting time, unused subscription periods, client-requested cancellations, missing access, suspended services, third-party outages, DNS issues, email delivery issues, website conflicts, or termination due to violation of these terms.

16. Service Uptime and Maintenance

Tipsy makes reasonable efforts to maintain reliable hosting service availability. However, hosting uptime is not guaranteed.

Downtime may occur due to scheduled maintenance, emergency maintenance, server issues, software conflicts, security incidents, DNS issues, domain issues, third-party outages, traffic spikes, resource overuse, payment issues, client actions, or circumstances beyond Tipsy’s control.

Tipsy may perform maintenance, updates, migrations, repairs, or configuration changes when necessary to protect website security, performance, or service reliability.

When practical, Tipsy may provide notice of planned maintenance that may affect website availability, but notice is not guaranteed.

17. Website Migration and Offboarding

If you cancel hosting services or request migration to another provider, Tipsy may provide reasonable cooperation as part of a separately scoped migration or offboarding service.

Migration, export, troubleshooting, DNS support, database cleanup, file transfers, backup preparation, compatibility review, or post-cancellation support may require additional fees.

Tipsy does not guarantee compatibility with another host, server, platform, plugin stack, theme, software version, or third-party environment after migration.

It is the client’s responsibility to preserve, export, or migrate website content, files, databases, media, records, and related data before hosting services are discontinued.

18. Termination of Services

Tipsy may suspend or terminate hosting services at any time if you violate these terms, fail to make timely payments, misuse hosting resources, compromise server security, violate third-party provider policies, create risk to the hosting environment, or engage in activity that creates legal, security, operational, or reputational risk.

Clients may terminate hosting services by providing written notice. Termination does not entitle the client to a refund for any unused portion of the service.

Upon termination, Tipsy may discontinue all hosting services, remove website access, delete files, delete databases, delete backups, remove staging environments, and destroy related data.

Tipsy is not responsible for retaining, restoring, transferring, or rebuilding data after termination unless expressly agreed to in writing.

19. Limitation of Liability

To the fullest extent permitted by law, Tipsy shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, website downtime, reputational harm, security incidents, or interruption of operations.

Tipsy is not responsible for damages caused by third-party hosting providers, domain registrars, DNS providers, software vendors, plugins, themes, integrations, email providers, payment processors, analytics tools, content delivery networks, or other external platforms.

Tipsy’s total liability for any claim related to hosting services shall not exceed the amount paid by the client to Tipsy for hosting services during the three months preceding the event giving rise to the claim.

20. Indemnification

You agree to indemnify, defend, and hold harmless Tipsy, its owners, employees, contractors, vendors, partners, and affiliates from and against any claims, damages, losses, liabilities, costs, or expenses arising out of your website, your content, your use of hosting services, your violation of these terms, your violation of applicable law, your infringement of any third-party rights, or any activity conducted through your website or accounts.

21. Privacy and Data

Tipsy may collect, access, store, or process certain information necessary to provide hosting services, including account information, billing information, technical data, website files, databases, logs, analytics, support communications, and access credentials.

Tipsy will not sell client information to third parties. Information may be shared with trusted vendors, contractors, software providers, or third-party platforms as reasonably necessary to provide hosting services, maintain infrastructure, process payments, troubleshoot issues, or comply with legal obligations.

Use of hosting services is also subject to Tipsy’s Privacy Policy.

22. Dispute Resolution

The parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these terms through informal negotiation.

If the matter cannot be resolved informally, it shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

The arbitration shall take place in New York, New York. The arbitrator’s decision shall be binding and enforceable in any court of competent jurisdiction.

The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.

23. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

24. Severability

If any provision of these Terms of Service is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable.

If modification is not possible, the provision shall be severed from these Terms of Service, and the remaining provisions shall remain in full force and effect.

25. Modifications to Terms

Tipsy may update, modify, or replace these Hosting Terms of Service at any time.

When practical, Tipsy will make a reasonable effort to notify active hosting clients of material changes at least 30 days before they take effect.

Continued use of hosting services after updated terms are posted or communicated constitutes acceptance of the revised terms.

Last Updated: June 30, 2026