DENNCO HOLDING COMPANY, LLC — UNIFIED TERMS OF SERVICE FOR HOSTED WEB AND DESIGN SERVICES

Dennco Information Systems is a subsidiary service of Dennco Holding Company, LLC

Effective Date: January 1, 2023

Last Updated: December 15, 2024

These Terms of Service (“Terms”) govern all hosting, creative, and managed IT services provided by Dennco Holding Company, LLC and its divisions: Dennco Information Systems — IT infrastructure, hosting, and network management;The Printing Lounge™ — creative, publishing, and design services. Throughout this document, “Dennco,” “we,” “our,” or “us” refers collectively to Dennco Holding Company, LLC, Dennco Information Systems, and The Printing Lounge™.

By accessing, purchasing, or using any Dennco service, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, you must discontinue use of Dennco’s services immediately. However, you cannot discontinue, revoke, or withdraw from any agreed‑upon or contracted services after such services have been rendered, deployed, delivered, or otherwise provided by Dennco, and all associated financial obligations remain fully enforceable. 

1. Scope of Service: Dennco provides professional hosting, IT, and creative services, including: Cloud or on-premise hosting, domain management, and email; Web, e-commerce, and application deployment; Branding, creative publishing, and design via The Printing Lounge™; Infrastructure, data, and managed IT services. These Terms apply to all systems, environments, and assets managed by Dennco.

2. Acceptable Use: Clients must use services responsibly and lawfully. Prohibited actions include: Hosting illegal, infringing, or harmful material; Engaging in spam, malware, or network abuse; Attempting unauthorized access to any system; Hosting adult, defamatory, or violent content without prior approval. Dennco may suspend or terminate any account that threatens network integrity, security, or compliance.

2-A. Professional Conduct and Communication: Clients must maintain professional and respectful communication with Dennco staff. Abusive, harassing, or uncooperative behavior may result in limited support access, suspension, or termination. Failure to provide requested information or cooperate constructively may delay or suspend services without liability to Dennco.

2-B. Channels of Communication: Dennco provides multiple official channels for client communication, including email, telephone, and the Dennco Help Desk / Support Portal. To ensure proper tracking and accountability, clients must use the communication channel recommended for their service type or current issue. Staff members may not have access to every communication platform at all times, as assignments and duties differ across departments. Examples include: Help Desk or Support Portal: for technical issues, troubleshooting, and IT assistance; Email: for design requests, billing, or administrative questions; Phone Contact: for urgent or emergency issues requiring live discussion. Choosing to reach

out through a channel that has been closed, is not monitored for your service type, or is not the designated communication method may result in delays, missed correspondence, or untracked requests. Dennco shall not be held liable for response delays resulting from the use of incorrect or inactive channels. Clients agree to follow the communication methods outlined in their onboarding documentation or subsequent service instructions to maintain consistent and reliable service delivery.

3. Data Ownership and Responsibility All client data remains owned by the Client. Dennco acts solely as a data processor and accesses data only for maintenance, security, or support. Clients are responsible for: Compliance with copyright and data laws; Maintaining data accuracy and backups; Ensuring compliance with privacy standards such as GDPR where applicable.

3-A. Data Retention and Destruction Upon termination, Dennco retains client data for thirty (30) days unless otherwise agreed in writing.After this period, data may be permanently deleted. Dennco is not responsible for archived copies that remain in automatic backups after deletion. Clients are responsible for exporting or saving data prior to cancellation.

4. Service Availability and Maintenance: Dennco maintains a 99.9% uptime target. Scheduled maintenance is announced in advance when feasible. Dennco is not responsible for downtime caused by external providers, software vendors, or client misconfiguration.

5. Security: Dennco implements enterprise-grade cybersecurity measures including: Firewall, DDoS protection, SSL/TLS encryption, and intrusion detection; Continuous monitoring and data-center access controls. Clients must protect credentials and are responsible for misuse or compromise of access data. Dennco is not liable for unauthorized access resulting from client negligence.

6. Payment and Billing: Invoices are due under the terms outlined in each agreement. Failure to remit payment within thirty (30) days may result in service suspension or termination. Domain, SSL, and setup fees are non-refundable once processed. Recurring services renew automatically unless cancelled in writing before renewal.

6-A. Payment Authorization and Automatic Deduction: By maintaining an account with Dennco, the Client authorizes Dennco Holding Company, LLC and its divisions to store and charge approved payment methods (credit/debit card, ACH, or others). If payment becomes overdue: Dennco may automatically charge any stored payment method; Deductions may occur without further notice after delinquency; This authorization remains valid until written cancellation, provided no balance is outstanding. All charges are final unless proven fraudulent. Dennco complies with PCI DSS and NACHA standards.

6-B. Personal Guarantee and Collection Fees: The individual signing on behalf of the Client personally guarantees payment if the organization fails to pay. In the event of non-payment, the Client agrees to pay collection costs, attorney fees, and interest at 1.5% per month (18% annually) or the maximum allowed by law. This clause survives termination of service.

6-C. Late Payment Penalties Late payments accrue a 1.5% monthly service fee (18% annually) or the maximum allowed by law. Failure to pay within sixty (60) days authorizes immediate suspension or forwarding to collections.

6-D. Credit Reporting and Collections: Reporting Authority — Dennco may report accurate credit information to commercial or consumer credit bureaus regarding delinquent balances, defaults, or collections. Reports may include business and principal details as permitted by law. Collection Rights — Dennco may assign or sell delinquent accounts to licensed collection agencies or attorneys. Any collection fees, legal costs, or administrative fees shall be added to the balance owed. Credit Impact Notice — Non-payment may result in negative reporting. Upon full payment, reported accounts will be updated as “paid” or “resolved” where allowed. Compliance — Dennco and its agents will act in accordance with the Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA). Authorization — The Client authorizes Dennco to share business credit references and payment history with banks, suppliers, and bureaus for legitimate credit evaluation purposes.

6-E. Non-Compliance and Non-Payment Consequences Failure to remit payment, cooperate with required processes, or honor contractual obligations constitutes material non-compliance. Upon non-compliance or non-payment, Dennco may:

Suspend, restrict, or terminate services without liability; Withhold domain access, DNS control, website content, backups, e-commerce data, or IT infrastructure until all balances are paid in full; Require full contractual payment upfront before any release, transfer, or reinstatement of services if Dennco determines services have been misused, exploited, or abandoned; Charge administrative, transfer, recovery, and data processing fees as applicable. Non-payment beyond 60 days authorizes immediate service shutdown and forwarding to collections.

6-F. Chargebacks and Fraudulent Payment Claims Improper, fraudulent, or knowingly invalid chargebacks filed against active contractual obligations incur: A $250 Counter-Dispute Processing Fee; Reimbursement of all platform fees and penalties assessed against Dennco; Immediate suspension of all associated services until the matter is resolved. Clients must contact their financial institution promptly to correct false claims.

7. Termination and Suspension: Dennco may suspend or terminate service for policy violations, delinquency, or technical risk. Clients have 30 days post-termination to retrieve data before deletion.

8. Limitation of Liability: Dennco’s total liability shall not exceed the amount paid by the Client in the previous twelve (12) months. Dennco is not liable for indirect or consequential damages, loss of business, or data.

9. Indemnification: Clients agree to indemnify Dennco Holding Company, LLC, Dennco Information Systems, and The Printing Lounge™ against all claims or damages arising from: Client misuse or illegal content; Violation of law or third-party rights; Breach of these Terms.

10. Confidentiality: Dennco maintains confidentiality of all client information. Information is only shared when legally required or operationally necessary.

11. Governing Law and Venue: These Terms are governed by Michigan law, with exclusive venue in Saginaw County, Michigan.

11-A. Dispute Resolution and Arbitration: Disputes will first be attempted through mediation in Saginaw County, Michigan. If unresolved, disputes will be settled by binding arbitration under the American Arbitration Association. Decisions are final and enforceable in court. Each party bears its own costs unless otherwise awarded by the arbitrator.

12. Amendments: Dennco may modify these Terms for operational or legal reasons. Notice will be provided electronically. Continued use constitutes acceptance.

13. Intellectual Property and Licensing: Unless otherwise agreed: All creative work by The Printing Lounge™ and code by Dennco Information Systems remain Dennco property until full payment. Client-provided materials remain Client property. Upon full payment, Dennco grants a non-exclusive, perpetual license for business use.

13-A. Portfolio and Attribution Rights: Dennco and The Printing Lounge™ reserve the right to showcase completed works for portfolio or promotional purposes, provided no confidential material is disclosed.

13-B. Legal Authority Over Managed Domains, DNS, and Hosted Content: For any domain, website, platform, or hosted asset under Dennco management: Dennco retains administrative authority over DNS, hosting, content deployment, backups, and service configuration until all outstanding balances are paid in full. Dennco may deny or delay release of domains, DNS zones, email routing, backups, or hosted data until all contractual obligations—including fees, penalties, and transfer charges—are satisfied. Clients acknowledge that domain transfer, DNS modification, or content release constitutes a final service action and requires the account to be fully paid and in good standing. If Dennco determines a Client has exploited or misused services, Dennco may require full contract payment upfront before completing release or transfer of any domain or data. These controls are necessary to preserve service continuity, security, and contractual integrity.

14. Third-Party Services and Integrations: Dennco may use or integrate third-party systems (Google, Cloudflare, Odoo, Stripe, etc.). Dennco is not liable for vendor changes or outages.

15. Content Management and Emergency Protocols: Creative content services are separate from IT management. In emergencies, security and uptime take precedence over content requests. Clients altering system configurations without authorization void integrity warranties.

16. Economic Conditions and Contract Adjustments:  In the event of inflation, economic instability, or market disruption, Dennco may renegotiate or suspend services. If the Client declines renegotiation, termination may occur without penalty after reasonable notice.

17. Contract Authority and Mutual Consent: No third-party, organization, or board may alter or override this Agreement without mutual written consent from both parties. Unauthorized changes are null and void.

18. Flexibility and Discretionary Allowances: Dennco may offer flexibility, delayed billing, or complimentary services as goodwill. Such actions do not modify these Terms or create precedent.

18-A. Staff Discretion and Policy Enforcement: If Dennco staff provide accommodations beyond the written scope, those actions are professional goodwill and do notrevise policy.

18-B. Discretion in Client Non-Responsiveness or Cooperation Failures If a Client becomes unresponsive or fails to cooperate, Dennco may act in good faith to preserve service continuity, visibility, or data integrity, including promotional or corrective actions.

18-C. Dennco’s Discretion to Act in the Client’s Best Interest: When Dennco determines a Client is acting against their best interest (neglect, unsafe behavior, reputational harm, etc.), Dennco may take limited, protective actions including: Securing systems, removing harmful content, or applying updates; Suspending unsafe access; Implementing recovery or visibility measures to help restore stability. Such actions do not alter ownership or payment obligations and are performed solely to safeguard the Client’s interests.

19. Custom Development Systems: Clients must understand if their solution is custom-developed. Custom systems require adherence to Dennco’s architecture. Unauthorized changes void warranties and support.

19-A. Third-Party Access Waiver: Dennco is not responsible for issues caused by third-party interference or modifications. Clients assume all risk if third-party access is granted.

20. Training and Educational Assistance: Training and education are not included in standard hosting or IT management. Dennco may offer limited help at its discretion; formal training requires a separate contract.

21. Managed User Support and Ticket Limits: Each managed user receives three (3) support tickets per year. Additional requests may incur fees or require a plan upgrade. Tickets reset annually on January 1.

22. Non-Profit Clients and Grant Opportunities: Non-profits are encouraged to pursue grants for expanded services. Dennco may provide documentation or cost outlines but is not responsible for applying or managing grants.

23. Force Majeure: Dennco is not liable for delay or non-performance caused by events beyond control, including natural disasters, cyberattacks, or government

actions.

24. Service Level Disclaimer: Uptime and response targets are goals, not guarantees. External conditions may affect performance.

25. Privacy and Data Protection: Dennco adheres to U.S. and GDPR-aligned privacy practices: Data processed only for service purposes; Clients may request data access or deletion; Verified breaches are disclosed promptly. Contact: dpo@dennco.net

26. Support Priority and Response Times Response goals: Critical: 2–4 hours, High: 1 business day, Normal: 2 business days. Actual times may vary during high volume or emergencies.

27. Entire Agreement: These Terms and any signed agreements constitute the entire agreement between the Client and Dennco Holding Company, LLC, including

Dennco Information Systems and The Printing Lounge™. No verbal or implied agreements supersede this document. If any clause is deemed

invalid, the remaining provisions remain enforceable. Contact: legal@dennco.net

Upon full payment, Dennco grants a non-exclusive, perpetual license for business use.