Terms of Service

These Terms of Service (“Terms”) govern access to and use of SiteHeros websites, communications, accounts, software-enabled experiences, and services. SiteHeros is the flagship product and service of Good Ground Serves LLC (“SiteHeros,” “we,” “us,” or “our”).

Website access, browsing, form submission, configuration acceptance and account use do not by themselves execute a paid service agreement. Service commitments require the final agreement and incorporated schedules, affirmative assent or electronic signature through the designated execution method, and separate payment authorization where applicable. A signer acting for an organization must have authority to bind it. Configuration acknowledgment and delivery/launch approval are separate from purchase assent.

1. Agreement structure

“Agreement” means these Terms together with the applicable order form, checkout disclosures, master agreement, service schedule, statement of work (“SOW”), change order, Acceptable Use Policy, Billing Policy, Electronic Consent, Privacy Policy, and any signed amendment.

A signed amendment controls over conflicting documents. An executed SOW or order controls for its project-specific scope, fees, and dates. A service schedule controls for the applicable Service. These Terms govern subjects not addressed elsewhere. Mandatory law controls where it cannot be varied.

2. Business use; eligibility

Services are intended primarily for businesses, nonprofit organizations, professionals and other organizational customers. You must be at least 18 and legally capable of contracting. You may permit authorized users to use an account, but you remain responsible for their acts, credentials, instructions, content and compliance.

Current Elite Management is available only for purchases primarily for business, commercial, professional, nonprofit, association or organizational purposes. Eligible purchasers include corporations, LLCs, partnerships, nonprofits, associations, organizations, sole proprietors, independent professionals and natural persons purchasing primarily for business/professional use. Current Elite is not offered for purchases primarily for personal, family or household use.

Before an Elite deferred Website Build payment arrangement is approved, Client must affirm business purpose and signer authority.

Services are not designed for children, personal emergencies, medical or legal advice, payment-card storage, or regulated data unless an executed agreement expressly approves the use and required safeguards.

3. Services

SiteHeros may provide hosting, managed website operations, design and development, assessments, migrations, domain or DNS support, email-related services, technical support, custom development, integrations, forms and workflows, reporting, add-ons, and other work described in an Agreement.

Service descriptions are boundaries, not guarantees of a particular business outcome, search ranking, revenue level, uninterrupted availability, complete security, legal compliance, accessibility conformance, or compatibility with every third-party system. We may use qualified personnel, contractors, automation, and supervised technical tools to perform Services, while remaining responsible as stated in the Agreement.

4. Orders and authority

A proposal, recommendation, draft, assessment, estimate, or conversation does not create an order or authorize production work. An order exists only when the required Agreement is accepted and any required initial payment is received.

You are responsible for ensuring that each person who gives us instructions, approves content, requests changes, or accesses an account is authorized. We may rely on instructions that reasonably appear to come from an authorized contact until you notify us otherwise.

5. Customer responsibilities

You will timely:

(a) provide accurate information, lawful content, access, credentials through approved secure methods, decisions, approvals, and dependencies;

(b) maintain ownership or sufficient rights to all content, data, domains, trademarks, software, accounts, and instructions you provide;

(c) review and approve deliverables, legal/business claims, prices, offers, policies, regulated statements, and third-party settings;

(d) maintain appropriate internal controls, authorized users, multifactor authentication where available, endpoint security, backups outside our responsibility where required, and notice of suspected compromise;

(e) comply with law, the Acceptable Use Policy, platform rules, licenses, and third-party agreements;

(f) avoid providing payment-card data, health information, government identifiers, children’s data, authentication secrets, or other sensitive/regulated information unless expressly authorized in writing; and

(g) cooperate with testing, migration, incident response, accessibility remediation, abuse handling, and offboarding.

Delays, errors, or increased cost caused by missing dependencies, inaccurate information, untimely decisions, unauthorized changes, or third-party failures may change schedules and require additional fees.

6. Fees, renewals and taxes

You will pay the amounts stated in the accepted Agreement. Recurring services renew and may be cancelled as disclosed in the applicable Agreement and Billing, Renewal, Cancellation & Refund Policy. Elite Management pricing and Website Build payments are described in the Elite Billing & Commitment Schedule.

Current advertised SiteHeros prices are flat prices. Any tax collection required by mandatory law will be handled and disclosed as required. This does not state that tax can never apply.

6.1 Elite service-fee guarantee

Elite Management includes a 30-day money-back guarantee on eligible recurring SiteHeros service fees. For covered service fees, the guarantee is no-questions-asked.

Applies to eligible SiteHeros service fees. See Terms.

The Website Build Activation Payment, if expressly required by the accepted Order, is excluded from the recurring-service guarantee. Its rate and amount must be stated in that Order.

Once Website Build work begins, Website Build amounts are non-refundable except where mandatory law requires otherwise. A Website Build payment is not a recurring service fee, and the guarantee does not transfer Website ownership before the Website Build amount is paid in full.

For annual-paid Elite service, the guarantee covers eligible recurring-service amounts during the 30-day period. After that period, eligible unused annual recurring-service amounts are subject to proration under the Billing, Renewal, Cancellation & Refund Policy where a refund is due.

6.2 Website Build payments, ownership and cancellation

The quoted monthly amount is the complete preset package amount, including the applicable Website Build installment. Reference component or Website Build values do not automatically add another monthly Build charge. The accepted Order must identify the agreed Website Build amount and allocation, any expressly required Activation Payment, installment term, payment dates and amount after payoff.

Any Website Build Activation Payment expressly required by the accepted Order is paid upfront and credited dollar-for-dollar against the agreed Website Build amount. It reduces the remaining Website Build balance and is not an extra fee or a setup/onboarding fee.

The Website Build payment obligation may extend for up to 36 months and ends as soon as the Website Build amount is paid in full. It is not a 36-month commitment to ongoing Elite Management services. Paying the Website Build amount early ends that payment obligation early.

Good Ground Serves LLC / SiteHeros retains ownership of the completed Website until the Website Build amount is paid in full. On full payment, ownership of the completed bespoke Website transfers to Client, subject to applicable third-party licenses and retained SiteHeros pre-existing or reusable tools, frameworks, components, software, methods, know-how and intellectual property.

After payoff and ownership transfer, cancellation of ongoing SiteHeros services does not cause Client to lose ownership of the completed Website.

Cancellation of ongoing services does not erase an unpaid Website Build balance. The remaining unpaid Website Build amount is a contractual payment obligation. SiteHeros may provide an itemized payoff/default statement, give required notice and opportunity to cure, and pursue lawful contractual collection and civil remedies. Any acceleration, late fee, finance charge, attorney-fee term or collection cost applies only if expressly disclosed in the signed controlling documents and legally permitted.

7. Accounts and credentials

Keep credentials confidential, use unique individual accounts, and promptly report unauthorized access. Do not share login credentials, bypass access controls, or grant more access than reasonably necessary. We may require identity or authority verification before acting on sensitive requests.

When temporary or delegated access is used, Customer remains responsible for revoking it when no longer needed unless the Agreement assigns that task to us. We will not request a password or secret through an insecure channel when an approved alternative is available.

8. Customer content and data

“Customer Content” includes information, text, images, code, files, databases, credentials, instructions, marks, and materials supplied by or for Customer.

As between the parties, Customer retains ownership of Customer Content. Customer grants SiteHeros and its approved service providers a non-exclusive, worldwide, limited license during the Agreement to host, copy, transmit, modify, display, test, back up, and otherwise process Customer Content as reasonably necessary to provide, secure, support, and comply with the Services and law.

Customer represents that it has all rights, notices, consents, permissions, and lawful bases required for Customer Content and our instructed processing. We may decline or remove content that reasonably appears unlawful, infringing, unsafe, deceptive, or inconsistent with the Agreement.

9. Deliverables and intellectual property

“Deliverables” means work product expressly identified for delivery in a statement of work. Customer retains its Customer Content. The Website Build ownership and payment rules in Section 6.2 apply to the completed bespoke Website. The statement of work identifies the deliverables and distinguishes customer, bespoke, pre-existing, third-party and open-source materials.

“Background Materials” remain owned by SiteHeros or their licensors. SiteHeros grants Customer a non-exclusive, non-transferable license to use embedded Background Materials solely with the paid Deliverables for Customer’s internal business and public website operations.

Third-party and open-source components remain governed by their licenses. Customer is responsible for ongoing license, subscription, attribution, compatibility, and renewal requirements disclosed in the project records.

Unless separately authorized, SiteHeros may not publicly use Customer’s name, logo, confidential material, or project as a case study. General skills and non-confidential know-how may be retained.

10. Changes, acceptance and additional work

Scope changes require a written change order or additional-work authorization describing impact on fees, schedule, dependencies, and acceptance. We are not required to perform work outside scope.

Customer will review deliverables within the acceptance period stated in the statement of work and identify material nonconformities with reasonable detail. We will use commercially reasonable efforts to correct verified nonconformities within scope. New preferences, changed requirements, third-party changes or defects outside scope are additional work.

11. Third-party services

Services may depend on hosting, payment, domain, DNS, email, analytics, CRM, content-management, security, backup, plugin, theme, AI-assisted, or other third-party services. Customer may be required to accept their terms and pay their fees.

SiteHeros does not control third-party availability, security, changes, pricing, retention, deletion, APIs, policies, licenses, or performance. We will not represent an upstream warranty or service level as our own. We may replace a dependency when reasonably necessary, subject to scope, customer approval, and migration impacts.

Official service and software references are available in the Website Disclaimer. Those informational links do not, by themselves, incorporate every provider’s terms into your Agreement.

12. Security, backups and incidents

We will use reasonable safeguards appropriate to the Services and verified configuration. No system is completely secure. Customer must promptly report suspected compromise and avoid destructive changes that could impair evidence or recovery.

Backup scope, frequency, retention, restoration testing, and recovery objectives apply only if expressly stated. A backup is not an archive, legal hold, or guarantee of successful restoration.

Security monitoring, malware removal, cleanup, hardening, and incident assistance do not constitute forensic, legal, regulatory, insurance, or breach-notification advice unless separately agreed with qualified professionals.

13. Acceptable use, suspension and cooperation

Customer and users must comply with the Acceptable Use Policy. We may investigate suspected abuse and may suspend access or Services when reasonably necessary to prevent harm, protect systems or third parties, respond to a provider or lawful order, address nonpayment, or stop a material breach.

Where practicable, we will give notice and a reasonable opportunity to cure. Immediate suspension may occur for security threats, unlawful content, fraud, credential compromise, material abuse, provider action, or risk of serious harm. Suspension does not waive payment obligations for committed Services.

14. Confidentiality

Each party may receive nonpublic information that a reasonable person would understand to be confidential. The receiving party will use it only for the Agreement, protect it with reasonable care, and disclose it only to authorized people and providers bound by appropriate duties.

Confidential information excludes information lawfully public, already known without duty, independently developed, or lawfully received from another source. If disclosure is legally required, the receiving party will provide notice where lawful and reasonable cooperation at the disclosing party’s expense.

Credentials, security findings, personal data, customer records, pricing exceptions, and unpublished business plans are confidential regardless of marking.

15. Privacy

Our Privacy Policy describes our handling of personal information as a business. If SiteHeros processes personal data on Customer’s documented instructions, the parties will enter into or accept the applicable Data Processing Addendum when required.

Customer must not direct SiteHeros to collect or process data unlawfully or outside the approved service. SiteHeros may suspend the affected processing until a lawful, secure path is established.

16. Warranties and disclaimers

Each party represents that it has authority to enter the Agreement. SiteHeros warrants that Services will be performed in a professional and workmanlike manner consistent with the applicable Agreement.

EXCEPT FOR EXPRESS WARRANTIES IN THE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SITEHEROS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

SITEHEROS DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE; COMPLETE SECURITY; RECOVERY OF ALL DATA; A PARTICULAR SEARCH RANKING, REVENUE, CONVERSION, PERFORMANCE SCORE, ACCESSIBILITY RESULT, OR REGULATORY OUTCOME; OR CONTINUED THIRD-PARTY AVAILABILITY. MANDATORY RIGHTS ARE NOT EXCLUDED.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING FROM THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING FROM AN EVENT OR SERIES OF RELATED EVENTS WILL NOT EXCEED THE FEES PAID OR PAYABLE TO SITEHEROS FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE FIRST EVENT.

The exclusions and cap do not apply to payment obligations; fraud or willful misconduct; infringement or misappropriation by Customer Content; Customer’s indemnity; breach of confidentiality caused by willful misconduct; or liability that cannot lawfully be limited.

18. Indemnification

Customer will defend, indemnify, and hold harmless Good Ground Serves LLC and its owners, personnel, and contractors from third-party claims, damages, judgments, penalties, and reasonable costs arising from Customer Content, Customer’s products or services, unlawful or deceptive instructions, infringement, privacy/consent failure, regulated claims, or material breach of the Agreement.

SiteHeros will promptly notify Customer and permit Customer to control the defense, provided no settlement admits SiteHeros fault, imposes nonmonetary obligations, or fails to release SiteHeros without consent. SiteHeros may participate with counsel at its own expense.

19. Termination and offboarding

Either party may terminate as permitted by the applicable Agreement. A party may terminate for uncured material breach after the stated cure period, or immediately for insolvency, unlawful use, serious security risk, or breach incapable of cure.

Termination does not affect accrued fees, committed minimums, rights or obligations intended to survive. Customer must cooperate with offboarding and retrieve/export data within the stated window. After that window, data may be deleted according to the Agreement, retention schedule, backup cycle, legal hold, and provider limitations.

20. Disputes; governing law

The parties will first attempt in good faith to resolve a dispute through written notice and executive discussion. Either party may seek urgent injunctive relief for misuse of confidential information, credentials, systems, or intellectual property.

The Agreement is governed by North Carolina law, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction in the state and federal courts located in North Carolina, subject to rights that cannot lawfully be limited.

21. Notices

Contract notices must be sent to the contacts stated in the order and to Good Ground Serves LLC / SiteHeros at legal@siteheros.com.

Operational messages may be sent through the customer portal, account email, or designated contacts. A change of contact information is effective when confirmed.

22. General

Neither party may assign the Agreement without the other’s consent, except to an affiliate or successor in a merger, reorganization, or sale of substantially all relevant assets, provided the assignee assumes the Agreement and is not a competitor creating material risk.

SiteHeros may use qualified subcontractors and remains responsible as stated in the Agreement. The parties are independent contractors. Neither may bind the other. No third party is a beneficiary.

Events beyond reasonable control excuse delay except payment already due; the affected party will mitigate and resume performance. If a provision is unenforceable, it will be modified to the minimum extent and the remainder remains effective. Waiver must be written. The Agreement is the entire agreement on its subject. Electronic acceptance and counterparts are valid.

23. Changes to these Terms

We may update these Terms prospectively. We will provide notice of material changes as required by law or contract. Changes do not retroactively alter a signed fixed-term commitment unless the Agreement permits or the customer accepts them.