Terms of Service

Effective Date: March 24, 2026

Last Updated: March 24, 2026

These Terms of Service ("Terms") govern your access to and use of the website at ignitionlabs.com (the "Site") and any hosting, consulting, or related services (the "Services") provided by John Kirker, Inc., doing business as IgnitionLabs ("JKI," "IgnitionLabs," "we," "us," or "our"), a California corporation.

By accessing our Site or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

1. Services

IgnitionLabs provides managed web hosting, application hosting, managed infrastructure, migration support, security management, and strategic consulting services. The specific scope, features, and pricing of Services are described on our Site and in any separate service agreement or order form between you and IgnitionLabs.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. By using our Services, you represent and warrant that you meet these requirements.

3. Account Responsibilities

If you create an account or engage our Services, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us promptly of any unauthorized use of your account
• Ensuring that the information you provide is accurate and current

4. Acceptable Use

You agree not to use our Site or Services to:

• Violate any applicable local, state, national, or international law or regulation
• Host, transmit, or distribute content that is unlawful, harassing, defamatory, obscene, or fraudulent
• Distribute malware, viruses, or any other harmful code
• Send unsolicited bulk email (spam) or engage in phishing
• Infringe on the intellectual property rights of others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Consume server resources in a way that degrades service for other customers
• Host content related to illegal activities, including but not limited to: illegal gambling, distribution of controlled substances, or content that exploits minors

We reserve the right to suspend or terminate service for violations of this acceptable use policy, with or without notice depending on the severity of the violation.

5. Service Level and Uptime

We strive to maintain high availability for all hosted services. Specific uptime commitments, if any, are defined in your individual service agreement or plan documentation. Scheduled maintenance windows will be communicated in advance whenever possible.

6. Payment Terms

Fees for Services are described on our pricing page and in any applicable service agreement. Unless otherwise stated:

• Hosting plans are billed monthly
• Payment is due at the beginning of each billing cycle
• Consulting services are billed at the rates specified in your agreement
• All fees are in U.S. dollars
• We may change pricing with 30 days' notice

If payment is not received within 15 days of the due date, we may suspend your Services. Accounts suspended for non-payment for more than 30 days may be terminated, and data may be deleted.

7. Cancellation and Refunds

You may cancel your hosting plan at any time. There are no long-term contracts or cancellation fees. Upon cancellation:

• Your service will continue through the end of the current billing period
• We will provide reasonable assistance to help you migrate your data to another provider
• We do not provide prorated refunds for partial billing periods

For consulting services, cancellation and refund terms are governed by your individual consulting agreement.

8. Data and Backups

While we maintain regular backups as part of our managed hosting services, you are ultimately responsible for maintaining your own backups of your data. We recommend keeping independent copies of all critical data.

Upon termination of service, we will retain your data for 30 days to allow for migration. After 30 days, your data will be permanently deleted unless otherwise arranged.

9. Intellectual Property

All content on our Site, including text, graphics, logos, and software, is the property of John Kirker, Inc. or its licensors and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from our Site content without written permission.

You retain all rights to your own content hosted on our servers. By using our Services, you grant us a limited license to host, store, and transmit your content solely for the purpose of providing the Services.

10. Third-Party Trademarks

WordPress, the WordPress logo, and WP are registered trademarks of the WordPress Foundation. WooCommerce is a registered trademark of WooCommerce, Inc. (an Automattic company). IgnitionLabs is not affiliated with, endorsed by, or sponsored by the WordPress Foundation, Automattic, Inc., or any of their subsidiaries.

All other product names, logos, and trademarks mentioned on this Site are the property of their respective owners and are used for identification purposes only. Use of these names and trademarks does not imply endorsement.

11. Disclaimer of Warranties

Our Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.

12. Limitation of Liability

To the fullest extent permitted by California law, John Kirker, Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Site or Services, regardless of the theory of liability.

Our total cumulative liability for any claims arising out of or related to these Terms or the Services shall not exceed the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless John Kirker, Inc., its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your content, or your violation of these Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve the dispute informally by contacting us at legal@ignitionlabs.com. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.

17. Changes to These Terms

We may modify these Terms at any time. We will notify active customers of material changes via email at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

18. Contact Us

If you have questions about these Terms, contact us at:

IgnitionLabs (a service of John Kirker, Inc.)
Email: legal@ignitionlabs.com
Phone: (844) 974-6781