Effective Date: July 6, 2025
These Terms of Service (“Terms”) govern your access to and use of the services provided by Upstate Web Co. (“we,” “us,” “our”), including web hosting, application development, design, and related support services.
By using our services, you agree to these Terms. If you do not agree, do not use our services.
1. Eligibility
You must be at least 18 years old to use our services. By using our services, you represent that you are of legal age and have the authority to enter into a binding agreement.
2. Services Provided
Upstate Web Co. offers:
- Custom website and app development
- Hosting of websites and web applications
- Maintenance, backups, and monitoring
- Design and UI/UX services
Details of any project, deliverables, and timelines will be outlined in individual service agreements or invoices.
3. Payments
- All fees are due as outlined in your invoice or service agreement.
- We use Stripe for secure payment processing. You agree to Stripe’s Terms of Service and Privacy Policy.
- Late payments may result in service suspension or termination.
4. Client Responsibilities
As a client, you agree to:
- Provide accurate and timely information for your project.
- Maintain secure access credentials.
- Ensure your website/app content complies with all applicable laws and regulations.
- Not use our services to host or distribute malicious code, spam, copyrighted materials (without rights), or illegal content.
You are responsible for the legality, security, and integrity of any data or content hosted on your behalf.
5. Hosting & Data
We host services using third-party platforms, including:
- Amazon Web Services (AWS)
- Microsoft Azure
- Vultr
- Google Cloud Platform
- On-premises
We are not liable for downtime, data loss, or service interruptions caused by third-party providers, force majeure, or user error.
6. Intellectual Property
Unless otherwise agreed:
- You retain ownership of your content, data, and intellectual property.
- We retain the rights to our tools, code libraries, and design frameworks.
- Custom code or design work created for you under a paid project is transferred to you upon final payment.
7. Confidentiality
We respect your confidentiality. Any proprietary or sensitive information shared with us in the course of a project will be kept confidential and not shared with third parties, except as necessary to provide the agreed services.
We may sign a separate NDA (Non-Disclosure Agreement) upon request.
8. Termination
Either party may terminate service at any time with written notice.
We reserve the right to suspend or terminate services for:
- Violation of these Terms
- Non-payment
- Illegal or abusive use of our services
No refunds will be issued for terminated services unless otherwise agreed.
9. Warranties and Disclaimers
Our services are provided “as is” and “as available.” We make no guarantees about:
- Uptime
- Results or performance
- Compatibility with third-party services
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
Upstate Web Co. will not be liable for indirect, incidental, special, or consequential damages, including data loss, business interruption, or lost profits, even if advised of the possibility.
Our total liability for any claim related to the services will not exceed the amount paid by you in the past 12 months.
11. Modifications
We may modify these Terms at any time. Updated Terms will be posted on our website with a new “Effective Date.” Your continued use of services constitutes acceptance of the new Terms.
12. Governing Law
These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Monroe County, NY.
13. Contact Us
If you have any questions about these Terms, please contact:
Upstate Web Co.
Rochester, NY
[email protected]