Terms of Service

Welcome to eDestination, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website design and hosting services, including our website located at edestination.net (the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

1 Services Provided

eDestination provides website design, development, and hosting services specifically for home service businesses. Our services include:

• Custom website design and development
• Web hosting with 99.9% uptime guarantee
• SSL certificates and security features
• SEO-optimized content and structure
• Ongoing maintenance and support
• Content updates and revisions as outlined in your package

2 Account Registration and Eligibility

To use our Services, you must:

• Be at least 18 years old or the age of legal majority in your jurisdiction
• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account

You must notify us immediately of any unauthorized use of your account or any other breach of security.

3 Payment Terms

Pricing and Billing

Our services are offered on a subscription basis with monthly recurring charges. Pricing is based on the package you select (Presence, Performance, or Power).

• Payments are due on the first day of each billing cycle
• All fees are non-refundable unless otherwise stated
• We accept major credit cards and other payment methods as indicated
• Prices are subject to change with 30 days' notice

Late Payments and Suspension

If payment is not received within 7 days of the due date, we reserve the right to suspend your Services until payment is received. Continued non-payment may result in termination of your account and deletion of your website.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal amount.

4 Cancellation and Refunds

You may cancel your subscription at any time by contacting us at [email protected]. Your cancellation will be effective at the end of your current billing period.

• No refunds will be provided for partial months or unused services
• Upon cancellation, your website will remain live until the end of your billing period
• After cancellation, your website will be taken offline and content may be deleted
• You are responsible for backing up any content you wish to retain before cancellation

5 Intellectual Property Rights

Your Content

You retain all ownership rights to the content you provide to us (text, images, logos, etc.). By providing content, you grant us a non-exclusive, worldwide license to use, reproduce, and display your content solely for the purpose of providing our Services.

Our Intellectual Property

The website design, code, templates, and other materials we create remain our intellectual property. Upon full payment, you receive a license to use the website design for your business purposes.

Third-Party Content

You are responsible for ensuring you have the right to use any third-party content (images, fonts, etc.) included in your website. We are not liable for any copyright infringement claims related to content you provide.

6 Acceptable Use Policy

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Distribute malware, viruses, or other harmful code
• Engage in spamming or unsolicited marketing
• Host illegal, offensive, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services or servers
• Resell or redistribute our Services without permission

Violation of this policy may result in immediate suspension or termination of your account.

7 Service Level Agreement (SLA)

We strive to provide reliable hosting services with:

• 99.9% Uptime Guarantee: We guarantee that your website will be accessible 99.9% of the time
• Scheduled Maintenance: We will notify you at least 24 hours in advance of any scheduled maintenance
• Support Response: We aim to respond to support requests within 24 hours during business days

Please note that the SLA does not cover downtime caused by factors outside our control, including but not limited to: your internet service provider, your content or configurations, DDoS attacks, or force majeure events.

8 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDESTINATION, LLC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages resulting from unauthorized access to your account
• Any damages exceeding the amount you paid us in the 12 months preceding the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9 Warranties and Disclaimers

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE
• THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED
• THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVERS ARE FREE OF VIRUSES

10 Indemnification

You agree to indemnify, defend, and hold harmless eDestination, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you provide or publish through our Services

11 Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause or notice, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Fraudulent or illegal activity
• Extended periods of inactivity

Upon termination, your right to use the Services will immediately cease. We are not obligated to maintain or provide you with copies of your content after termination.

12 Governing Law and Dispute Resolution

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

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court to prevent infringement of intellectual property rights.

You agree to waive your right to participate in a class action lawsuit or class-wide arbitration.

13 General Provisions

14 Contact Information

If you have any questions about these Terms of Service, please contact us: