Terms of Service

Last updated: September 17, 2025

1. Purpose and Agreement

These Terms of Service (“TOS”) represent the basis of a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and TMG Web Co (“TMG Company”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services you accept these TOS and agree to abide by the then-current version of these TOS, our Acceptable Use Policy, our Privacy Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the “Policies”).

These Policies may be modified from time to time by us and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found at www.tmg.marketing

2. Customer Relationship

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your instance of such products and services (“End Users”).

3. Services Overview

TMG Web Co provides website hosting, email hosting, website development, digital advertising services, SEO services, consulting, and domain registration (collectively, the “Services”). Regardless of whether you pay for a Service or it is provided as part of a package, as a standalone service, or for free, any Service you request or allow to be provided by TMG Web Co is subject to these TOS and our other Policies.

We may change the specifications or details of the Services at any time but have no obligation to change the Services. Third parties we contract with to provide Services may change their offering at any time. We will use commercially reasonable efforts to inform you of changes to the Services.

Services Offered

Website Hosting (10GB – 200GB packages)
Email Hosting (included with website hosting)
Website Design (Starter, Basic, Pro packages)
Website Add-Ons
Digital Marketing Services
SEO Services
Consulting Services
Domain Registration

Details are available at [Your Services URL] and do not modify or supplement these TOS or our Policies.

4. Domain Name Services

We resell domain names through eNom (www.eNom.com). By using our Domain Name Services, you agree to be bound by eNom’s domain name registration policies and procedures available at www.eNom.com/terms.

Key Domain Terms:

We cannot guarantee domain registration due to registration mechanics
Domain renewal is your responsibility – we are not liable for lapses
We will make commercially reasonable efforts to renew auto-renewal domains
You must investigate that your domain doesn’t infringe on others’ rights
ICANN’s Transfer Policy requires a 60-day transfer lock for registrant changes
Domain changes triggering transfer locks include: first name, last name, organization name, or email changes

5. Hosting Services Terms

Bandwidth and Resources

Hosting accounts have allocated bandwidth that doesn’t rollover between periods
Exceeding bandwidth may result in suspension, upgrade requirements, termination, or overage fees
You may not place excessive burdens on CPUs, servers, or other resources
“Unlimited” and “unmetered” are defined by similarly situated customer usage

IP Addresses and Access

We provide shared IP addresses; dedicated IPs available for additional fees
IP addresses may only be used with our Services and cannot be transferred
You will not have physical access to servers, which are often shared with third parties

Hosting Limitations

Hosting may not include:

Streaming content (except incidental to website operation)
Management of very large photo galleries
Storage of large amounts of uncompressed digital images
Online file (FTP) serving
Distribution of large audio/video content
Online backups unrelated to website functionality

Backups and Data

We provide complimentary JetBackup services limited to 50GB aggregate quota
Backups are done using commercially reasonable efforts and may not include all files
YOU ACKNOWLEDGE IT IS YOUR RESPONSIBILITY TO REGULARLY BACK-UP YOUR DATA
We are not responsible for data loss from hardware failures, software failures, or your actions

Email Hosting

Email hosting enables creation/deletion of accounts and server configuration
Storage limitations apply; we auto-delete trash/spam folders after 30 days
We don’t guarantee email delivery due to settings beyond our control
IP blacklisting may affect email delivery

6. Control Panels and Third-Party Services

cPanel

cPanel Services are provided through a third party. You agree to be bound by cPanel’s End User License Agreement at https://cpanel.com/legal-store.html. Starting January 1, 2021, cPanel licenses apply based on your hosting plan. Additional cPanel accounts may require plan upgrades or additional purchases.

Softaculous

When using Softaculous services, you agree to be bound by the Softaculous License Agreement at https://www.softaculous.com/legal/.

Your use of control panel services may not exceed that of similarly situated customers. We may place restrictions including requiring removal of inactive accounts or licenses.

7. Account Setup and Security

Enrollment Requirements

YOU WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE AUTHORITY TO BIND YOURSELF OR YOUR ENTITY TO THESE TOS. You may be subject to credit checks and fraud screening. You represent and warrant that you:

Have necessary experience and knowledge to use the Services
Understand risks inherent in using the Services and doing Internet business
Will provide material necessary for us to implement the Services

Account Information

You must provide accurate information when setting up your account and keep this information, including your email address, current. We may need to communicate by email about Services and have no responsibility for interruptions or damages from misdirected or blocked communications due to your failure to maintain updated information.

Account Security

You are responsible for all actions performed with your account credentials, whether by you or others. All account access, passwords, and security measures are your responsibility. We are not liable for damages from unauthorized account access or use.

You give us permission to access your accounts for troubleshooting and compliance verification. We conduct automated security scans and reserve the right to change permissions, modify files, or quarantine malicious files.

8. Term, Renewal, and Termination

Initial Term and Automatic Renewal

We begin Services upon payment receipt (the “Effective Date”) and continue until the Initial Term expires. THE INITIAL TERM AUTOMATICALLY RENEWS for successive periods of equal duration unless you notify us of cancellation.

Cancellation Notice

To discontinue Services, notify us at least fifteen (15) days before automatic renewal by:

Email to info@tmg.marketing
Customer portal at https://www.clientportal.tmg.marketing

Valid proof of account ownership and authorization are required for termination.

Termination for Convenience

Either party may terminate with fifteen (15) days written notice. If you terminate for convenience, you remain responsible for charges for the duration of the active term.

TMG Web Co Termination Rights

We may immediately suspend or cancel Services without notice for:

Violation of these TOS or our Policies
Failure to pay amounts due
Preventing service interruption by network providers
Protecting network integrity or Services security

Upon termination, your account closes, data is deleted, and all fees become due. We have no responsibility to forward communications or maintain data backups after termination.

Post-Termination Data Access

If we can provide data from backup after termination, you’ll be subject to a $75+ charge. All data in non-renewed or terminated accounts will be removed and likely irretrievably lost.

9. Billing, Payment, and Refunds

Payment Responsibility

You are responsible for all fees associated with Services once made available. Your first invoice generates at purchase. Renewal invoices generate ten (10) days prior to renewal with duration and pricing details.

Automatic Renewal and Domain Names

All hosting plans, add-ons, marketing packages, SEO services, and domains automatically renew
Domain names automatically renew ten (10) days before expiration
Payment methods allowing automatic charges will be charged ten (10) days before domain expiration
Manual payment required if your payment method doesn’t allow automatic charges

Overdue Accounts

Accounts with invoices over 20 days overdue will be suspended
Accounts over 45 days overdue are considered abandoned and subject to termination
New Services unpaid after seven (7) days will be canceled
We may assign unpaid balances to collection agencies

Price Adjustments

We occasionally make pricing changes. Price changes won’t affect current terms without your consent but may change between renewal terms. You must cancel to avoid adjusted pricing for renewal terms.

Money Back Guarantee

30-Day Guarantee:

Full refund if you cancel hosting services within 30 days of service start
Pro-rata refund if you cancel 31-90 days from Effective Date
No refund after 90 days (discretionary only)
No refunds after 120 days except via PayPal

Exclusions:

Third-party fees (domains, digital marketing, setup, migration) are non-refundable
Accounts terminated for policy violations not eligible
SSL certificate costs ($5) deducted if cancelled after 25-day SSL refund window
Free domain promotions: retail domain price deducted from refunds

Payment Methods and Currencies

We accept Visa, MasterCard, Discover, American Express. Check/money order payments require advance contact. US Dollars only. Returned checks incur $25 fee per instance.

Account Changes and Migrations

Upgrades: Free migration to higher-priced plans
Downgrades: $25 migration fee; price difference applied as service credit
Third-Party Migrations: Included as Service; may incur fees for non-cPanel environments

Billing Errors and Chargebacks

Report billing errors within 90 days. Chargebacks incur $50 investigation fee and immediate service suspension. We may reject future payment methods from accounts with previous chargebacks.

Sales Tax

Anna, Illinois sales tax charged at 8% for applicable products.

10. Server Maintenance and Uptime

Uptime Commitment

We offer a 99.9% uptime commitment and will use commercially reasonable efforts to provide Services 24/7. However, servers require routine maintenance and upgrades (“Scheduled Downtime”).

Maintenance Types and Schedules

Routine Maintenance (Weekly):

Sunday mornings, 12:00 AM – 5:00 AM (server time zone)
Outages should not exceed 15 minutes
Will NOT be announced

Comprehensive Maintenance (Monthly):

First Saturday evening of every month, 7:00 PM – 7:00 AM Sunday
Communicated to affected customers via email

Emergency Maintenance:

Unscheduled maintenance for severe issues requiring immediate attention
Best effort notification when necessary

Maintenance Limitations

Planned outages don’t count against 99.9% uptime commitment
Policy applies to all hosting packages and network equipment
Major system upgrades may require additional downtime
We’re not responsible for problems during standard maintenance periods

Customer Responsibilities

You must ensure all Services resume operations automatically upon server reboot/restart. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.

Before troubleshooting issues yourself or requesting our assistance, BACKUP ALL DATA. We’re not responsible for data loss from our authorized actions, your actions, hardware failures, or software failures.

11. Support Services

Support Methods

Technical Support Tickets:

Primary support system available 24/7
Submit only one ticket per problem
Add information to existing tickets rather than creating new ones

Phone Support:

Available 24/7 for service interruptions
Staff will gather details and open tickets on your behalf
We may call you back using provided number or account phone number

Billing Support:

Monday-Friday 9:00 AM – 5:00 PM US Central Time
Access customer portal at https://www.clientportal.tmg.marketing

Support Standards

We strive to provide courteous, professional, and technically accurate support. We ask that you treat our staff with respect. For complaints or supervisor requests, contact us directly.

Support is included as a Service at no charge, but we expect compliance with this policy and our other Policies. Before requesting support, backup your data. You’re responsible for all authorized actions taken by our support personnel using your login.

12. DMCA Policy

Copyright Infringement Claims

TMG Web Co respects intellectual property rights and responds to valid Digital Millennium Copyright Act (DMCA) takedown notices. If you believe content on our network infringes your copyright, submit a DMCA notice including:

Required Information:

Physical or electronic signature of copyright owner or authorized agent
Identification of copyrighted work claimed to be infringed
Identification of infringing material and location information
Your contact information (address, telephone, email)
Good faith belief statement that use is not authorized
Statement of accuracy and authority to act on behalf of copyright owner

Submit DMCA notices to: Email: info@tmg.marketing Subject Line: “DMCA Takedown Notice”

Counter-Notifications

If you believe content was removed due to mistake or misidentification, you may submit a counter-notification including:

Your physical or electronic signature
Identification of removed material and its prior location
Good faith belief statement of mistake or misidentification
Your contact information and consent to jurisdiction
Statement accepting service of process

DMCA Response Process

Valid notices will be processed promptly
Allegedly infringing content may be removed or disabled
Account holders will be notified of takedown actions
Repeat infringers may have accounts terminated
Counter-notifications will be forwarded to original complainants

13. Intellectual Property and Licenses

Services performed by TMG Web Co are our original work or works of third parties from which we’ve obtained necessary permissions. We grant you a non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use the Services under these TOS. This license terminates when you or we terminate the Services.

All right, title, and interest in our technology and Services remain with TMG Web Co or our licensors. You may not circumvent protection devices, reverse engineer technology, or violate our ownership interests.

You grant TMG Web Co and third parties used to provide Services a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit, and cache content, technology, and information you provide in conjunction with Services.

14. Warranties and Disclaimers

TMG Web Co’s Warranty

We warrant that we will perform Services in accordance with prevailing industry standards. To claim breach of warranty, notify us in writing within thirty (30) days of the alleged breach. Our sole obligation is to either reperform Services or issue pro-rated credits. THIRD-PARTY SERVICES ARE EXCLUDED FROM THIS WARRANTY.

Your Representations and Warranties

You warrant and represent that you:

Will reasonably cooperate to facilitate use of Services
Have correct contact and billing information and sufficient technical expertise
Have read and agree to our Support Policy
Have full authority to agree to these Policies on behalf of your company
Have not been identified as Specially Designated National or Blocked Person by U.S. Department of Treasury

Disclaimers

EXCEPT FOR THE WARRANTY ABOVE, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. We specifically disclaim warranties of MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, or arising from course of dealing or trade practice.

We don’t represent or warrant Services are complete or free from defects. We’re not liable for content transferred to/from you, data loss, unauthorized access, corruption, theft, destruction, alteration, or inadvertent disclosure of data.

We specifically disclaim all warranties regarding third-party services, regardless of whether they appear provided by us.

Some states don’t allow warranty exclusions. If applicable, your warranty is limited to 90 days from the Effective Date.

15. Limitation of Liability

TMG WEB CO HAS NO LIABILITY FOR:

Data loss, direct, indirect, special, exemplary, consequential, incidental, or punitive damages
Lost profits, revenues, business expectancy, business interruption, or benefit of bargain damages
Content you access from the Internet

LIABILITY CAP: Our liability shall not exceed aggregate fees actually received from you for the three (3) month period immediately preceding the event giving rise to liability.

We’re not responsible for force majeure events, problems during standard maintenance, or scheduled downtime. Our uptime commitment doesn’t apply to disruptions from policy violations.

16. Indemnification

Your Indemnification of TMG Web Co

You agree to indemnify, defend, and hold harmless TMG Web Co and its personnel, parent, subsidiaries, affiliated companies, third-party service providers, and their respective officers, directors, employees, shareholders, and agents from claims arising out of:

Your use of Services, including data migration efforts
Violations of these TOS or our Policies
Breach of representations, warranties, or covenants
Your acts or omissions

This includes you, your customers, website visitors, and users of products/services facilitated by us.

TMG Web Co’s Indemnification of You

We will indemnify you from claims that Services fully owned by TMG Web Co infringe U.S. patents, copyrights, or trademarks. This doesn’t extend to third-party products/services. We’ll flow down applicable intellectual property indemnification from third-party suppliers when contained and permitted in our agreements.

This is conditioned on prompt written notice, full authority and assistance for defense, and TMG Web Co’s option to procure continued use rights, replace or modify Services, or terminate and refund fees for unavailable periods.

17. Legal and Compliance

Law Compliance

U.S. export laws apply to your Service use. Confirm your use complies with applicable laws. More information: https://www.export.gov/

We may disclose information to comply with court orders, subpoenas, warrants, regulations, or governmental requests, or to protect our business or others from harm. We assume no obligation to inform you unless affirmatively agreed or legally required.

Civil litigation cooperation is discretionary. Document production and activities requiring more than ministerial work incur $200/hour fees. We don’t honor pre-approval requests and may require deposits.

Force Majeure

Neither party is liable for delays due to events outside reasonable control, including third-party service failures, software/hardware failures, DDoS attacks, acts of God, bandwidth interruptions, network outages, earthquakes, labor disputes, riots, war, fire, epidemics, or carrier delays. Affected parties must notify the other within ten (10) days.

Choice of Law and Jurisdiction

These TOS are controlled by Illinois state law without regard to conflict of law principles. You agree jurisdiction and venue are exclusive in Washtenaw County Circuit Court in Michigan or U.S. District Court for Eastern District of Michigan. UN Convention on Contracts for International Sale of Goods is disclaimed.

Claims and Legal Procedures

All claims must be resolved according to our Policies. Claims filed contrary to our Policies are improperly filed and constitute Policy breaches. Filing improper claims may result in attorney fee recovery.

No action against us may be commenced more than one (1) year after the Service basis for action is rendered. This limitation constitutes express waiver of applicable statute of limitations rights.

18. General Provisions

Assignment and Binding Effect

These TOS may be assigned by TMG Web Co but not by you. These TOS bind and benefit corporate successors and permitted assigns.

Severability

If any terms become illegal or unenforceable, such terms will be revised to reflect our intent as permitted by law. All remaining terms remain in full force and effect.

Construction

Terms “including,” “includes,” and “include” are deemed followed by “without limitation.” Illustrative items don’t limit general term scope.

No Waiver

No waiver of rights constitutes subsequent waiver of such rights.

Survival

Sections related to payment obligations, intellectual property, warranties, liability limitations, indemnification, and legal provisions survive termination.

Testimonials

You may provide endorsements of our Services that become our property. We may use endorsements to promote Services and may use your first name, last initial, home state, voice, likeness, and contact information. Contact us to stop endorsement use.

Feedback

You have no obligation to provide feedback regarding our products and services. Any feedback provided may be used in our products and services without restriction or payment.

19. Contact Information

For Technical Support and General Questions: Email: info@tmg.marketing
Website: https://www.tmg.marketing
Customer Portal: https://www.clientportal.tmg.marketing

For Legal Notices and TOS Issues: TMG Co
P.O. Box 531
Anna, IL 62906

20. Policy Integration

These Terms of Service should be read in conjunction with our:

Privacy Policy
Acceptable Use Policy
All policies are available at www.tmg.marketing

These Terms of Service are effective as of September 17, 2025, and apply to all users of TMG Web Co services. By using our Services, you agree to be bound by these terms and all referenced policies.