Terms of Service

Please read these terms of service carefully.

116 Solutions LLC (“116 Solutions”) offers many different services to our clients (“Client ” or “Clients”) that range from hosting and website services (including website creation, website development, and website maintenance), software development services, production and broadcasting services, to IT-related services including but not limited to hardware and software services. All of these services, expressly stated or implied, are collectively referred to as “Services.”

By using 116 Solutions’ Services, the Client agrees to the following Terms of Service and all other policies or terms referenced by us (the “Terms”). If the Client does not accept these Terms, the Client must not sign into an account or pay for, access, or use 116 Solutions’ Services in any way.

These Terms form a binding legal agreement between 116 Solutions and any person or organization (“Client” as referenced above, or “You”) who purchases, accesses, or uses 116 Solutions’ Services. The Client agrees that the Client has the full power and authority to enter into and perform under these Terms.

Updates

As 116 Solutions evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include changes to our prices, products, policies, or other updates. While we may notify you of these updates in advance, it is ultimately your responsibility to check back here periodically to review any updates that may have occurred to our Terms or any other pages referenced in our Terms since you last visited.

If you continue to use or access the Services after the date listed above, you agree to be bound by any revised Terms, and all other terms or policies included directly or by reference.

Payments and Fees

Some of the Services offered by 116 Solutions require an active account with us and some of our Services require an active paid-for subscription – including hosting and website creation (referred to as “Subscription Services”). By using a Subscription Service, you agree to pay the associated fees, which we’ll charge for in regular intervals (either monthly or annually), on a pre-pay basis until cancellation. You can request cancellation at any time on your account page or by contacting us directly.

Our Subscription Services automatically renew. This means that unless a Subscription Service has been canceled before the end of the subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism our payment processor has on record for you to collect the applicable subscription fee.

If you choose to cancel your subscription, your subscription will remain active until the end of your current billing cycle.

Some of our Services are offered with a term or contract that will be discussed with you prior to signing up. If you cancel a Subscription Service with a term or contract prior to the time period of your agreed-upon term or contract, you will be required to pay a termination fee you agreed to at the time you began using the Subscription Service. Our website creation Service is offered as a one-time fee or as part of a package. The website creation packages are part of a Subscription Service that currently requires a commitment of 1 year that you may buy out at any time by paying an early termination fee.

If your payment fails and no other arrangements for payment have been made, we may immediately cancel or revoke your access to your Subscription Services.

We reserve the right to refuse service or cancel your subscription and revoke access with a prorated refund for any reason we deem appropriate.

We may change our pricing and fees at any time. We may give you advance notice of the pricing and fee changes. If you do not agree with these changes, you may cancel your Subscription Service. If you cancel a Subscription Service with a termination fee prior to the agreed-upon term, you are still required to pay the termination fee.

You may manage or update your billing and payment data through our portal. Billing and payment information is stored and maintained through our payment processor, Stripe. We do not store any billing or payment information at 116 Solutions.

Website Creation

Website creation is a Service offered by 116 Solutions as 1) part of a package and offered through a Subscription Service, or 2) in exchange for a one-time fee. In either case, 116 Solutions guarantees that any content and media used for the Finished Product (“Website”) was properly obtained with appropriate licensing. It is the sole responsibility of the Client to confirm all functionality, including but not limited to contact forms, sign-ups, and logins, of the Client’s Website upon delivery. The Website is provided “as is” and 116 Solutions, or its employees, makes no warranties or representations of any kind, whether expressed or implied for the Website provided.

If the Client has elected to utilize a one-time fee offer as stated in option 2 above, 116 Solutions’ Service is considered complete upon payment and all ownership and responsibility are therefore transferred to the Client at that time. 116 Solutions is not responsible for any damage or infringement that may occur due to changes by the Client.

Guaranteed Uptime

Some of the Services offered by 116 Solutions include website hosting. Because 116 Solutions relies upon its vendors for hosting all of our content, 116 Solutions provides no explicit guaranteed uptime directly. We do, however, pledge to uphold the guaranteed uptime of our vendors. The Client acknowledges that the guaranteed uptime applicable to the Client is dependent upon which vendor the Client’s content is hosted on.

Domains

Upon cancellation of 116 Solutions’ Services, the Client will be required to transfer out any domains currently hosted with 116 Solutions to a domain provider of the Client’s choosing via a domain transfer. Most domain providers often associate a fee with a domain transfer, for which the Client will be responsible. Failure to transfer out the domain by the next renewal date of the domain will result in the domain being forfeited by the client and released back to the domain registrar.

Your Accounts

You will be solely responsible and liable for any activity that occurs under your accounts, both with the 116 Solutions website and any account created for you on a website delivered through 116 Solutions Services. You agree to be responsible for keeping your credentials secure and you must immediately notify 116 Solutions of any unauthorized uses of its sites, its account, or any other breaches of security.

Vendor Terms of Service

WPMU Dev: 116 Solutions may utilize WPMU Dev’s Hosting, Domain, and Email services or WPMU Dev’s Plugins for the Client’s website or email, and by agreeing to these Terms, the Client agrees to the WPMU Dev Terms of Service.

DreamHost: 116 Solutions may utilize DreamHost Hosting, Domain, and Email services for the Client’s website or email, and by agreeing to these Terms, the Client agrees to the DreamHost Terms of Service.

Legal

1. You must be of legal age, 18 or older, to enter into a contract with us to obtain our Services. If you are younger than this, you may not request the use of our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
2. 116 Solutions reserves the right to ensure compliance with all agreed-upon Terms by continuously and/or periodically investigating the use of its Services.
3. Failure to comply with all Terms may result in immediate termination of the Client’s account and/or access to the Services.
4. 116 Solutions reserves the right to shut down any website that we determine presents a threat to 116 Solutions, our clients, hardware, or vendors.
5. Our Services are provided “as is” and 116 Solutions, or its employees, makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. 116 Solutions, and its employees and vendors, hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, and will not be responsible for any damages that may be suffered by the Client.
6. Neither 116 Solutions nor its employees or vendors make any warranty that Services will be error-free or that access to our Services will be continuous or uninterrupted.
7. Use of any information downloaded or obtained through 116 Solutions and its Services is at the Client’s own risk, and 116 Solutions specifically denies any responsibility for the information that is not owned by 116 Solutions and is obtained through its Services.
8. 116 Solutions may choose to provide a pro-rated price for any downtimes or periods of time where the Client may not be able to access the Client’s Services and limits its responsibility or damages to this proration.
9. Any access to or use of our Services will be governed by these Terms, and also the laws of the state of Missouri, excluding its conflict of law provisions, and the venue for any disputes arising out of or relating to these Terms will be the state and federal courts located in Missouri.

When using 116 Solutions’ Services, you agree not to:

• make available content that is defamatory, slanderous, or libelous;
• make available content that is threatening or harassing;
• publish the sensitive personal information of others;
• publish any software that enables malware, spyware, adware, or other malicious code;
• interfere with, disrupt, or attack any service or property of others;
• resell, share, or publish your credentials;
• infringe on any intellectual property rights;
• violate any state or federal laws or regulations.