Terms & Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Tamer Designs, doing business as TopSyde (“Company,” “we,” “us,” “our”), a company registered in Colorado, United States at PO Box 270545, Littleton, CO 80127.

We operate the website topsyde.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).

By using the Services, purchasing a plan, or creating an account in our client portal, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. If you do not agree, you may not use the Services. If you are entering into these Legal Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity.

You can contact us by phone at 720-803-4053, email at hello@topsyde.com, or by mail to PO Box 270545, Littleton, CO 80127, United States.

Your use of the Services is also governed by our Privacy Policy and Cookie Policy, which describe how we collect and use information, the analytics and advertising technologies we use, and how you can opt out of them; our Service Level Agreement, which sets out our uptime commitment, what is excluded from it, and the credits available if we miss it; and our Content Integrity, Defamation & Infringement Policy, which explains who is responsible for published content and how to report infringing or defamatory material. Each of those documents forms part of these Legal Terms.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics. Our Content and Marks are protected by copyright and trademark laws.

3. Purchases and Payment

We accept Visa, Mastercard, American Express, Discover, Zelle, and ACH. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. All payments shall be in US dollars.

4. Subscriptions

Your subscription will continue and automatically renew unless canceled. You can cancel your subscription at any time by contacting us. Your cancellation will take effect at the end of the current paid term.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Upload, host, or transmit malware, viruses, or any other malicious or destructive code through the Services or any website we host or maintain.
Engage in unauthorized access to, tampering with, or probing of non-public areas of the Services, or circumvent any security or authentication measures.
Send spam, unsolicited bulk email, or phishing communications from infrastructure we provide or manage.
Operate open proxies, IRC servers or bots, or anonymization relays.
Mine or farm cryptocurrency using hosting resources we provide.
Overburden the Services or any underlying CPUs, servers, storage, or network resources, including through unapproved load or penetration testing.

6. Prohibited Website Content

Our hosting and maintenance services run on managed third-party cloud infrastructure, and every website we host or maintain must comply with the acceptable use policies of our upstream infrastructure providers in addition to these Legal Terms. We do not accept, host, or maintain websites that contain, promote, distribute, or link to:

Pornographic, sexually explicit, or sexually obscene content, or any content that is sexually exploitative of children.
Content that is illegal under applicable law, including the sale of illegal goods, controlled substances without required licenses, or stolen data.
Content that infringes any patent, copyright, trademark, trade secret, or other intellectual property right, including pirated software, media, or “warez.”
Content that promotes terrorism, violence, discrimination, bigotry, racism, hatred, harassment, prostitution, human trafficking, or harm against any person or group.
False, misleading, deceptive, defamatory, or fraudulent content, including phishing pages, chain letters, pyramid schemes, Ponzi schemes, and high-yield investment programs.
Malware, spyware, or tools designed to compromise the security of other systems.
Gambling or betting operations that are not properly licensed in every jurisdiction they serve.
File dumps, mirror sites, or mass file-distribution services operated primarily for storage or distribution rather than as a website.

We may refuse service to, suspend, or remove any website that we determine, in our sole discretion, violates this section, violates an upstream provider’s acceptable use policy, or exposes us or our infrastructure providers to legal or security risk — with or without prior notice. Where required, we will report unlawful content to the appropriate authorities. No refund is owed for any billing period in which a website is suspended or terminated under this section.

7. Your Site, Your Changes: Division of Responsibility

Managed hosting is a shared-responsibility arrangement. We are responsible for the platform your site runs on and for how we respond when something goes wrong on it. You are responsible for what you publish, what you install, and who you give access to. This section describes where that line sits.

What we are responsible for

The server, network, edge, and caching layers your site runs on, and their configuration.
WordPress core, plugin, and theme updates that we apply through our maintenance schedule.
Continuous uptime monitoring, security scanning, and the alerting behind them.
Backups on the schedule published for your plan, and restoration from them.
Detecting, containing, and remediating security incidents that we identify.
The support response targets published in our Service Level Agreement.

What you are responsible for

All content published on your site, including text, images, media, and any claim made in it. See our Content Policy.
Every plugin, theme, script, snippet, or piece of custom code that you install or direct us to install, whether or not we recommended it.
Plugin, theme, or core updates that you apply yourself outside our maintenance schedule.
Every user account you create on your site and the level of access you grant, including accounts for staff, contractors, agencies, and people who no longer work with you.
The security of your own credentials and devices — unique passwords, multi-factor authentication where it is offered, and prompt notice to us when someone with access should lose it.
Third-party services you connect to your site, including payment gateways, CRMs, marketing tools, APIs, and email providers, along with their availability, security, and terms.
DNS, domain registration, and email records that you administer yourself or through another provider.
Any regulatory obligation that attaches to your business or to your site’s visitors, including PCI DSS, HIPAA, accessibility, and consumer privacy law. The Services are not sold as, and do not constitute, a compliance program.
Carrying insurance appropriate to your business, including cyber liability coverage where a compromise or an outage would cause you material loss.

Changes you make are yours

You keep administrative access to your own site. That is deliberate — it is your site, and we do not put a support ticket between you and your own content. It also means we cannot prevent a change that breaks it. If you, or anyone acting on your behalf, installs, updates, removes, or modifies a plugin, theme, setting, or piece of code, and that change causes downtime, data loss, degraded performance, broken functionality, or a security vulnerability, the resulting incident is your responsibility and is excluded from the Uptime Guarantee under our SLA.

Where we advise against a plugin, an update, a configuration, or a change and you proceed anyway, you accept the outcome. We record that advice in the ticket or thread in which it was given.

We will still fix it

This section allocates responsibility; it does not describe how we behave in an emergency. If your site is down or compromised, we work the problem first and settle cause and billing afterward. Remediation of an issue traced to something in your control is billable at our then-current rates and does not entitle you to a service credit — but we will not leave a site broken while we work out whose fault it was.

8. Security Monitoring, Malware, and Incident Response

We monitor the sites we host continuously, run automated malware and file-integrity scanning, apply security patches, maintain edge and firewall protections, and remove infections and restore clean copies when we find them.

We do not guarantee that your site will not be compromised. No hosting provider, security vendor, or scanner can honestly make that promise, and we do not make it. Security work reduces the likelihood of a breach and shortens the time between compromise and recovery. It does not eliminate the possibility of one.

In particular, we cannot prevent, and are not responsible for, compromises originating from:

Previously unknown (“zero-day”) vulnerabilities in WordPress core, a plugin, or a theme, before a patch exists.
Vulnerable, abandoned, pirated, or “nulled” plugins and themes that you install or require us to keep installed.
Compromise of your credentials or devices, including phishing, password reuse, and malware on a computer used to log in.
Actions taken by any person you granted access to, including staff, contractors, agencies, and users whose access was not revoked.
Compromise of a third-party service, a plugin author’s own update infrastructure, or any other part of the software supply chain outside our infrastructure.
Infections present on a site before it was migrated to us, where we were not engaged to perform a full remediation first.
Denial-of-service attacks, botnets, and other malicious traffic directed at your site or at our upstream providers.

What you get if it happens. On a confirmed security incident, our obligation is to contain it, remove what we find, restore your site from the most recent clean backup available, and tell you what we found. That work is your remedy for a security incident. We do not warrant that scanning detects every threat, that removal recovers data destroyed or exfiltrated before detection, or that a restored site is identical to its pre-incident state. Where an incident traces to a cause in your control under Section 7, remediation is billable at our then-current rates.

We are not an insurer. We do not indemnify you for business interruption, lost revenue, regulatory penalties, chargebacks, breach-notification costs, or third-party claims arising from a compromise of your site. If those exposures would be material to your business, carry cyber liability insurance.

9. Backups and Data Loss

We maintain backups on the schedule published for your plan and use them to restore sites after failures, incidents, and mistakes. Backups are a recovery tool, not a guarantee.

A restore returns your site to an earlier point in time. Data created between that point and the restore — orders, form submissions, comments, uploads, content edits — may not be recoverable.
A backup may itself contain a compromise that was present but undetected when it was taken. Where that is the case we restore from the most recent clean copy available, which may be older.
We are not responsible for content, files, or data that you or a user of your site deletes, overwrites, or corrupts, or for a restore you request that overwrites newer work.
If your site holds transactional data whose loss you could not absorb — e-commerce orders, bookings, lead submissions — you are responsible for exporting or syncing that data to a system you control. A WordPress site should not be the only system of record for data your business cannot afford to lose a day of.

10. Uptime, Downtime, and Service Credits

Our uptime commitment, how downtime is measured, what is excluded from that measurement, and the credits available if we miss it are set out in our Service Level Agreement, which forms part of these Legal Terms. Service credits under the SLA are your sole and exclusive remedy for any failure to meet the Uptime Guarantee.

Downtime arising from anything in Section 7, from a security incident described in Section 8, from the failure of a third-party service we do not operate, or from events outside our reasonable control is excluded from the Uptime Guarantee and does not generate a credit.

11. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or for no reason.

12. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED IN THESE LEGAL TERMS AND IN OUR SLA, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that every defect will be corrected; that your site will be free of malware or other harmful components; or that the Services will produce any particular business result, including any level of traffic, search ranking, conversion, or revenue.

WordPress core, plugins, themes, and other third-party software are licensed to you by their own authors under their own terms. We do not author, control, or warrant that software, its security, or its continued availability. A plugin or theme may be abandoned, broken by an update, or found to contain a vulnerability at any time, and that is a property of the WordPress ecosystem rather than a defect in our Services.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR INFRASTRUCTURE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, THE COST OF SUBSTITUTE SERVICES, OR THE LOSS, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES, UNDER ANY THEORY — CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — WILL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID US DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $2,000.00 USD.

These limits apply even if a remedy stated in these Legal Terms is found to have failed of its essential purpose. You acknowledge that the fees charged for the Services reflect this allocation of risk, that the Services would be priced materially differently without it, and that this allocation is a basic element of the agreement between us. Nothing in this section limits liability that cannot be limited under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless TopSyde, Tamer Designs, and their officers, employees, contractors, and infrastructure providers from and against any claim, demand, loss, liability, damage, penalty, or expense (including reasonable attorneys’ fees) arising out of or relating to:

Content published on your site, including any claim of infringement, defamation, false advertising, or regulatory violation.
Any plugin, theme, script, or custom code you installed or directed us to install, and any change you made to your site.
Your breach of these Legal Terms, including the Prohibited Activities and Prohibited Website Content sections above, or of an upstream provider’s acceptable use policy.
Your violation of any law or the rights of any third party, including privacy, data protection, consumer protection, and intellectual property law.
A security incident originating from your credentials, your devices, or a person you granted access to.
Any claim brought by your own customers, users, or site visitors relating to your site, your products, or your handling of their data.

We will notify you of any claim subject to this section, and you may control its defense with counsel reasonably acceptable to us. We may participate in that defense at our own expense. You may not settle a claim in a way that imposes an obligation on us or admits fault on our part without our prior written consent.

16. Contact Us

In order to resolve a complaint regarding the Services, please contact us at:

Tamer Designs
PO Box 270545
Littleton, CO 80127
United States
Phone: 720-803-4053
hello@topsyde.com