Website Hosting Terms of Service

Last updated: May 25, 2026

These Website Hosting Terms of Service govern website hosting, related website services, and included email services provided by Brazzell Marketing Agency, Inc. These terms are intended to define the scope of our hosting services, the responsibilities of our clients, and the limitations that apply to standard website hosting accounts.

By ordering, using, renewing, or continuing to use website hosting services from Brazzell Marketing Agency, the client agrees to these terms.

Standard Hosting Is Not HIPAA Hosting

Brazzell Marketing Agency does not provide HIPAA-ready, HIPAA-compliant, or HIPAA-regulated website hosting. Our standard website hosting environment is not designed, offered, sold, or maintained as a system for creating, receiving, maintaining, transmitting, storing, logging, processing, or protecting Protected Health Information, electronic Protected Health Information, or any other information that requires a HIPAA-compliant hosting environment.

Brazzell Marketing Agency does not offer a Business Associate Agreement for standard website hosting, standard website email, standard contact forms, standard website maintenance, standard website analytics, or related standard website services.

Clients that are covered entities, business associates, healthcare providers, home care providers, home health providers, hospice providers, therapy providers, medical practices, behavioral health providers, or other organizations that may be subject to HIPAA or similar privacy and security rules are responsible for keeping Protected Health Information out of Brazzell Marketing Agency’s standard website hosting and email environment.

Protected Health Information Is Prohibited

Clients may not use Brazzell Marketing Agency’s standard website hosting, website forms, website files, email services, server storage, logs, scripts, plugins, databases, file-upload tools, or related website systems to collect, create, receive, maintain, transmit, store, process, or expose Protected Health Information or electronic Protected Health Information.

For purposes of these terms, Protected Health Information and electronic Protected Health Information have the meanings given to them under HIPAA and related regulations. In plain English, this includes individually identifiable health, care, treatment, payment, intake, referral, scheduling, eligibility, insurance, diagnosis, condition, or similar information that is connected to a patient, client, prospective patient, prospective client, caregiver, family member, or other identifiable individual.

Examples of prohibited information include, but are not limited to:

• Patient or client names submitted with care needs, diagnoses, medical conditions, medications, symptoms, treatment details, referral information, or service requests.
• Contact form submissions requesting healthcare, home care, home health, hospice, therapy, behavioral health, or medical services for an identifiable person.
• Referral forms containing patient, client, physician, diagnosis, treatment, insurance, payer, discharge, or care-plan information.
• Uploaded documents containing patient, client, health, treatment, insurance, intake, or referral information.
• Messages asking whether a specific person qualifies for care, has a diagnosis, needs services, is being discharged, or requires assistance with activities of daily living.
• Appointment requests, assessment requests, or service inquiries that identify a person and reveal or imply a health-related need.
• Email sent through included website email services that contains Protected Health Information or information requiring HIPAA-compliant email handling.

Email Services Are Not HIPAA Email

Website hosting may include email services. Unless Brazzell Marketing Agency expressly states otherwise in a separate written agreement, included email services are not HIPAA-ready, HIPAA-compliant, encrypted medical email, or BAA-backed email services.

Clients may not use included website email services to send, receive, forward, store, or process Protected Health Information or other legally restricted information that requires HIPAA-compliant email handling.

If a client needs HIPAA-capable email, encrypted email, or BAA-backed email services, the client is responsible for obtaining and properly using a suitable third-party service. Brazzell Marketing Agency may assist with setup or DNS configuration as a paid technical service, but such assistance does not convert Brazzell Marketing Agency’s standard hosting or standard email services into HIPAA-compliant services.

Client Responsibility for Legal Compliance

The client is solely responsible for determining which laws, regulations, professional standards, licensing rules, payer requirements, privacy requirements, security requirements, accessibility requirements, advertising rules, industry standards, or other obligations govern the client’s business, website, communications, operations, and data.

The client is responsible for any updates, changes, removals, substitutions, notices, workflows, vendor changes, security improvements, content revisions, form changes, email changes, privacy-policy changes, consent procedures, or other actions needed to maintain compliance with any law, regulation, professional rule, payer requirement, industry expectation, privacy obligation, security obligation, or other requirement that may apply to the client’s operations.

Brazzell Marketing Agency provides website hosting and related website services. Brazzell Marketing Agency does not assume responsibility for the client’s legal, regulatory, professional, clinical, operational, privacy, security, or compliance obligations.

Forms and Information Collection

Standard website contact forms, referral forms, intake forms, assessment forms, upload forms, appointment forms, subscription forms, chat tools, comment tools, survey tools, tracking tools, and similar website features may create compliance risk when used by healthcare or regulated organizations.

Clients are responsible for ensuring that any form, script, tool, plugin, embed, or third-party service placed on or connected to the website is appropriate for the client’s business and legal obligations.

For healthcare-related clients, Brazzell Marketing Agency’s standard recommendation is that forms capable of collecting Protected Health Information should be removed from the standard website hosting environment or replaced with a properly configured HIPAA-capable third-party form provider under the client’s own account and appropriate legal agreements.

Embedding or linking to a third-party form, portal, payment page, scheduling page, email system, or other outside system does not make Brazzell Marketing Agency responsible for that third-party system. The client is responsible for evaluating and approving any third-party vendor used for regulated information.

Right to Disable or Remove Risky Material

Brazzell Marketing Agency reserves the right, but does not assume the obligation, to disable, remove, block, suspend, or modify website forms, scripts, pages, files, plugins, embeds, accounts, email functions, or other hosted materials that Brazzell Marketing Agency believes may expose Protected Health Information, violate these terms, violate law, create security risk, create server risk, create reputational risk, threaten other hosted accounts, interfere with server operations, or expose Brazzell Marketing Agency to unreasonable legal, regulatory, technical, or business risk.

When practical, Brazzell Marketing Agency may notify the client and request corrective action. However, urgent risks may require immediate action without advance notice.

Right to Suspend or Terminate Hosting

Brazzell Marketing Agency reserves the right to suspend or terminate hosting, email, website access, related services, or any portion of service if the client uses the hosting environment for inappropriate Protected Health Information exposure, unlawful activity, abusive activity, security-risk activity, spam, malware, phishing, copyright infringement, fraudulent activity, prohibited content, excessive resource consumption, nonpayment, refusal to correct risky use, or any other use that Brazzell Marketing Agency determines to be illegal, unsafe, inappropriate, or harmful to the hosting environment, the client, other clients, the public, or Brazzell Marketing Agency.

Termination or suspension for prohibited use does not waive amounts owed for services already initiated, provided, renewed, registered, reserved, configured, or made available.

Service Begins When Initiated

Website hosting services begin when the hosting service is initiated, provisioned, configured, reserved, connected to a domain, prepared for a website, used for email, used for development, used for file storage, used for testing, or otherwise made available for the client’s benefit. Hosting fees are not dependent on whether the client’s business is open to the public, whether the website is complete, whether the client is actively using the website, whether the client has launched operations, or whether the client has chosen to publish or promote the website.

Domain names, SSL certificates, email accounts, server space, server configuration, DNS work, website files, development access, and related services may involve work, costs, reservations, and technical obligations before the client considers the website or business to be “in use.”

Fees, Renewals, and Payment

Website hosting, domain registration, domain renewal, email services, SSL services, maintenance services, and related services are billed according to the applicable order form, invoice, renewal notice, written agreement, or published service terms.

Unless otherwise stated in writing, hosting services renew yearly or at the interval specified in the applicable order, invoice, or agreement. Payment in advance of renewal is required for uninterrupted service.

If payment is not received before renewal, Brazzell Marketing Agency may suspend, disable, cancel, or decline to renew hosting, email, domain-related services, SSL-related services, website access, support, or related services. Service interruption caused by nonpayment is the client’s responsibility.

Some services, including domain registration and renewal, may be time-sensitive and may be subject to third-party deadlines, redemption fees, availability risks, or loss of the domain if not renewed on time. The client is responsible for timely payment and renewal decisions.

Cancellations and Nonuse

The client may cancel hosting services by providing written notice to Brazzell Marketing Agency. Cancellation does not automatically cancel amounts already owed, nonrefundable third-party costs, domain registration or renewal fees, completed work, initiated services, renewal charges already incurred, or other charges described in the applicable order or invoice.

Nonuse of hosting services does not cancel the service and does not eliminate payment obligations. A client who ordered hosting, domain services, email services, or related website services remains responsible for applicable charges even if the client has not opened for business, has not launched the website, has not used the email, has not promoted the domain, or has not actively used the hosted account.

Client Content and Website Materials

The client is responsible for all content, claims, statements, images, testimonials, reviews, names, likenesses, forms, files, downloads, links, privacy notices, legal notices, accessibility notices, advertising claims, healthcare claims, employment materials, and other materials placed on the website or provided for use on the website.

The client is responsible for ensuring that website materials are accurate, lawful, authorized, appropriate, and compliant with applicable obligations. This includes responsibility for professional advertising rules, healthcare marketing rules, testimonial rules, copyright permissions, trademark permissions, privacy permissions, patient authorization requirements, employment laws, accessibility expectations, and other obligations that may apply to the client’s industry.

Third-Party Services and Outside Code

Websites may include or connect to third-party services such as payment processors, form providers, map providers, analytics providers, scheduling tools, email vendors, newsletter systems, content delivery networks, social media platforms, fonts, plugins, scripts, portals, video services, review widgets, chat systems, or other outside services.

The client is responsible for approving the use of third-party services and determining whether those services are appropriate for the client’s legal, regulatory, privacy, security, and business obligations.

Brazzell Marketing Agency is not responsible for the acts, omissions, privacy practices, security practices, outages, pricing, terms, data handling, compliance status, or continued availability of third-party services.

Outside Developers and Client Access

If the client, the client’s staff, an outside developer, another marketing vendor, an IT provider, a software vendor, or any other third party receives access to the website, hosting account, DNS, email, files, code, scripts, plugins, forms, or related systems, the client is responsible for that access and for any changes, damage, exposure, security risk, compliance risk, service interruption, or additional work caused by that access.

Brazzell Marketing Agency may charge for time required to review, repair, restore, secure, troubleshoot, clean, reverse, or adapt work affected by outside access or outside modifications.

Security, Backups, and Limitations

Brazzell Marketing Agency uses reasonable efforts to provide stable website hosting appropriate for standard business websites. However, no hosting service can guarantee uninterrupted operation, perfect security, permanent data availability, complete backup coverage, full malware prevention, or protection against every failure, attack, mistake, misconfiguration, third-party outage, or emergency.

Backups, malware tools, SSL certificates, access controls, server protections, and related safeguards are risk-reduction measures. They are not guarantees that data will never be lost, websites will never be attacked, email will never fail, or services will always be available.

The client should maintain its own copies of important website content, business records, images, documents, credentials, email records, and other materials.

Support and Maintenance Boundaries

Website hosting does not include unlimited website design, content updates, compliance review, legal review, cybersecurity consulting, IT administration, email-user training, device configuration, software training, search-engine optimization, advertising management, emergency recovery, or support for third-party systems unless such services are expressly included in the applicable order, invoice, agreement, or written service description.

Work outside the included scope may be billed separately at Brazzell Marketing Agency’s applicable hourly rate or quoted project rate.

Domains and DNS

Domain registration, domain renewal, DNS configuration, domain forwarding, email DNS records, SSL validation, and related services may involve third-party registrars, DNS providers, email providers, certificate authorities, and other technical systems.

The client is responsible for timely payment, accurate ownership information, renewal decisions, and any legal rights needed to use a domain name. Brazzell Marketing Agency is not responsible for loss of a domain caused by nonpayment, expired registration, inaccurate ownership information, third-party registrar policies, registry rules, transfer delays, client delay, or circumstances outside Brazzell Marketing Agency’s reasonable control.

Acceptable Use

The client may not use Brazzell Marketing Agency’s hosting, email, or related services for unlawful, abusive, harmful, deceptive, infringing, threatening, harassing, defamatory, obscene, exploitative, fraudulent, malicious, or security-risk activity.

Prohibited uses include, but are not limited to:

• Collecting, storing, transmitting, or exposing Protected Health Information in violation of these terms.
• Sending spam, phishing messages, malware, deceptive messages, or unlawful email.
• Hosting malware, ransomware, credential theft tools, unauthorized scanning tools, or harmful scripts.
• Violating copyright, trademark, privacy, publicity, or other legal rights.
• Publishing unlawful, misleading, or unauthorized professional claims.
• Interfering with server performance, security, or other hosted accounts.
• Attempting unauthorized access to systems, accounts, files, data, or networks.
• Using hosting resources in a way that is excessive, abusive, or outside the intended purpose of standard business website hosting.

No Legal, Medical, or Compliance Advice

Brazzell Marketing Agency may discuss website practices, marketing practices, privacy concerns, security concerns, HIPAA concerns, accessibility concerns, or other regulatory topics as part of website and marketing work. Such discussions are general business and technical communications only. They are not legal advice, medical advice, compliance certification, cybersecurity certification, HIPAA certification, privacy certification, or a substitute for advice from qualified legal, compliance, IT, cybersecurity, clinical, or other professional advisors.

The client is responsible for obtaining professional advice appropriate for the client’s business and industry.

No Guarantee of Compliance

Brazzell Marketing Agency does not guarantee that a client’s website, hosting setup, email setup, content, forms, privacy notice, policies, workflows, third-party tools, business operations, or marketing activities comply with HIPAA, state privacy laws, accessibility laws, advertising rules, employment laws, professional licensing rules, payer requirements, platform rules, or any other legal or regulatory obligation.

Any website changes performed by Brazzell Marketing Agency to reduce risk are risk-reduction measures only. They do not guarantee compliance and do not transfer the client’s compliance obligations to Brazzell Marketing Agency.

Limitation of Liability

To the fullest extent permitted by law, Brazzell Marketing Agency is not liable for indirect, incidental, consequential, special, exemplary, punitive, lost-profit, lost-revenue, lost-business, lost-data, reputational, regulatory, legal, compliance, or third-party damages arising from or related to hosting services, email services, website services, outages, security incidents, compliance failures, client content, client workflows, third-party services, outside developers, nonpayment, suspension, termination, or prohibited use.

The client is responsible for the consequences of using standard website hosting or included email services for information, activities, or workflows that require a higher level of privacy, security, compliance, logging, encryption, vendor agreement, or regulatory control than Brazzell Marketing Agency’s standard services provide.

Indemnification

The client agrees to defend, indemnify, and hold harmless Brazzell Marketing Agency, its owners, employees, contractors, vendors, and representatives from claims, damages, fines, penalties, losses, costs, expenses, attorney fees, investigations, complaints, regulatory actions, third-party claims, and other liabilities arising from or related to the client’s content, operations, data, forms, email use, website use, regulatory obligations, illegal use, prohibited use, third-party services, outside developers, nonpayment, breach of these terms, or use of hosting services to collect, create, receive, maintain, transmit, store, process, or expose Protected Health Information or other restricted information.

Changes to These Terms

Brazzell Marketing Agency may update these Website Hosting Terms of Service from time to time. Updated terms may be posted on Brazzell Marketing Agency’s website or provided by other reasonable means. Continued use of hosting services after updated terms are posted or provided constitutes acceptance of the updated terms.

Conflicts with Specific Written Agreements

If a specific written agreement signed or expressly approved by Brazzell Marketing Agency conflicts with these terms, the specific written agreement controls only for the conflicting provision and only for the services covered by that written agreement. All other terms remain in effect.

Contact Information

Questions about these Website Hosting Terms of Service may be directed to Brazzell Marketing Agency.

Brazzell Marketing Agency, Inc.
44 Dewberry Dr
Woodlawn, VA 24381
Phone: 866-272-3799