Terms of Service and Terms of Use

Effective Date: June 1, 2025
Last Updated: June 9, 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, hosting, and related services provided by North State Tech, a brand operated by Symbolscape, Inc., a California corporation (“we,” “us,” or “our”). By using or purchasing any portion of our services, you (“you” or “Client”) agree to these Terms. If you do not agree, do not use our services.

1. Services Provided

Scope: We provide managed WordPress hosting, website development, and marketing-technology hosting services to small businesses. Our platform relies on third-party infrastructure (e.g., web servers, CDNs, domain registrars).

Service Tiers: We offer three tiers of website services:

  • Single-Page Service: This basic service includes a single-page website. Clients have no administrative access, and all website management and maintenance tasks are fully handled by North State Tech.
  • Basic Multi-Page (5–10 pages): This intermediate tier provides limited administrative access, enabling clients to manage basic content updates (e.g., posts, images, and minor page content), but not advanced settings or server-level configurations.
  • Premium: The premium tier grants clients comprehensive administrative access, allowing complete control over website administration, including content, settings, plugin management, and more.

In addition to hosting and website design, we also provide integrated access to marketing tools such as Mautic (open-source marketing automation), customer relationship management (CRM) platforms, and analytics/reporting tools including Google Analytics, privacy-compliant alternatives, and server-based analytics solutions. These tools are intended to help clients manage leads, monitor user behavior, and track the performance of their websites and digital campaigns. Access to these marketing and analytics tools may require a separate setup fee or subscription, depending on the scope of your service plan. Pricing for these services will be clearly communicated prior to activation and invoiced accordingly.

Third-Party Reliability: While we diligently integrate and maintain third-party services, we cannot guarantee uninterrupted performance or 100% uptime for infrastructure components managed by external providers.

2. Payments and Stripe Processing

Stripe as Sole Processor: All payments for our services are exclusively processed via Stripe, Inc.

Stripe Connect: For clients utilizing their hosted website for commerce, the Stripe Connect onboarding process securely collects and manages your payment and business details. We do not directly store card or account details.

Stripe Checkout/Billing: Charges for North State Tech services, including hosting subscriptions, add-ons, and upgrades, are securely processed through Stripe, which handles PCI compliance and data security.

Your Agreement with Stripe: Utilizing Stripe services implies acceptance of Stripe’s Terms of Service and Privacy Policy.

Taxes: Stripe calculates applicable taxes (sales tax/VAT). International clients must independently manage customs/import duties.

Pricing & Billing: Fees are quoted and charged in USD. Subscription billing commences on the checkout date and auto-renews monthly or annually. Failure of payment after a retry and 15 days overdue may result in account suspension.

Special Offers & Discounts: We may offer promotional pricing or discounts from time to time. Such promotions will include specific terms, including their scope, eligibility, duration, and expiration. Once a promotional period ends, pricing reverts to our standard rates unless otherwise stated in writing.

LAUNCH100: As of the Effective Date of these Terms, we are offering a limited-time promotion to the first 100 clients who prepay their first year of hosting. Under this offer, clients receive both a professionally built, template-based website at no additional charge and a 50% discount on hosting for the lifetime of the account.

  • This free website design is available only as part of this initial launch promotion and does not apply outside of this context. The 50% lifetime discount applies to our standard hosting rate—not a fixed dollar amount. If our standard rate increases in the future, your 50% discount will continue to apply to the new rate as a percentage.
  • After the first year, your subscription will automatically renew at the discounted annual rate unless you notify us prior to renewal that you would prefer to switch to a monthly billing cycle at the same discounted percentage.

Any custom features, functionality beyond the scope of the standard package, or future modifications may be subject to additional fees. We reserve the right to modify or withdraw promotions at our discretion. Access to Mautic, CRM integrations, or custom analytics setups may be invoiced separately unless otherwise included in your service plan.

3. Intellectual Property & License

Ownership: Symbolscape, Inc. and its licensors retain all intellectual property rights, including trademarks, proprietary code, templates, layouts, designs, and technical documentation (“North State Tech Property”).

Client Content & Created Materials: Any content, images, or materials that you provide remain your property. In addition, any copywriting, photography, or graphic assets that we create specifically for your website as part of our service are considered your property once payment is complete. You have full rights to reuse or repurpose these assets for your business. This includes marketing copy, graphic assets, and customer-facing communication content developed for use in systems like Mautic or other CRM tools we may provide.

Analytics & CRM Data: Any customer data, analytics, contact records, campaign results, or CRM-related content that is created or collected through FOSS tools we provide access to (such as Mautic or other open-source CRM platforms) remains your property. Upon account closure, you are entitled to receive an export of this data in a commonly supported format, provided the request is made within 30 days of termination. However, configuration files, system integrations, and backend server setups remain proprietary and are not included in the export.

License to Use the Website: Upon receipt of full payment, clients receive a limited, non-exclusive, non-transferable license to use the completed website on our platform for their internal business purposes. However, the underlying website framework—including the PHP files, theme templates, CSS stylesheets, backend configuration, and structural code—remains the intellectual property of Symbolscape, Inc. and is not transferred or provided upon account termination.

Upon termination of services, clients will receive a copy of their owned content, including written content, supplied media, created media assets, analytics exports, and CRM data, but not the full website files, application source code, or backend infrastructure. Redistribution, resale, or hosting the site or software stack on another platform using our proprietary assets is not permitted without prior written consent.

4. User-Generated Content & DMCA

Content Responsibility: Clients maintain ownership and responsibility for content uploaded or published (“Client Content”), warranting they have appropriate rights and permissions.

Prohibited Content: Content that is illegal, defamatory, infringing, harmful, obscene, or violative of third-party rights is strictly prohibited.

DMCA Notices: Send infringement notices to: Symbolscape, Inc. (NorthState.Tech) Attn: DMCA Agent
440 N BARRANCA AVE #7676
COVINA, CA 91723
Email: [email protected]

Include your signature, identification of the infringed work and the infringing material, contact information, and truthful statements about authorization and accuracy under penalty of perjury.

5. Acceptable Use

Clients agree not to use our services—including hosted websites, CRM tools, marketing automation platforms, or email systems—for any of the following prohibited purposes:

  • Engaging in fraud, phishing, malware distribution, or hacking.
  • Hosting or distributing adult content, pirated material, or defamatory content.
  • Sending bulk unsolicited email (spam), including through tools like Mautic or any CRM/email system we provide.
  • Violating any email marketing regulations, such as the CAN-SPAM Act, GDPR, or applicable data privacy laws.
  • Harvesting or purchasing email lists without verified consent.
  • Using our services to mine cryptocurrencies or operate resource-intensive background processes that degrade performance for others.
  • Reselling or redistributing hosting or software access without our explicit written consent.
  • Interfering with, disrupting, or attempting to compromise the security or stability of our network, systems, or services.

Violations of this policy may result in immediate suspension or termination of your account without prior notice.

6. Client Responsibilities

Clients must adhere to applicable laws and regulations, providing accurate and truthful business, contact, and payment information during onboarding.

7. Approval and Delivery of Work

Deliverables are provided via a staging URL. Clients have five business days to request revisions within the originally agreed scope. Additional or out-of-scope revision requests may incur extra charges. Post-approval, ongoing support aligns with the chosen service tier. Issues arising from client-side modifications or third-party integrations are not covered unless additional support services are separately procured.

8. Refund Policy

Fees are non-refundable once deliverables are approved. Should a significant error or service failure attributable to us occur, we will reasonably attempt rectification or, at our discretion, issue partial or full refunds.

9. Service Level Expectations (SLA)

We strive for a 99.9% hosting uptime, but this is not guaranteed due to reliance on third-party services. Support tickets typically receive responses within two business days, although this timeframe is not guaranteed.

10. Termination & Suspension

Client Termination: Clients may terminate subscriptions anytime via account dashboard or support email. Termination is effective at the conclusion of the current billing period.

Our Termination: We reserve immediate termination rights for violations, non-payment beyond 15 days, prohibited content, or jeopardizing our systems.

Data Retrieval: Within 30 days of termination, we provide an export of client content and data, including any supplied media, written copy, CRM contact data, email campaign records, and analytics exports. This data will be provided in a standard format where technically feasible (e.g., CSV, JSON, or SQL export). Configuration files, server setups, platform-level customizations, and any underlying code used to operate websites or hosted systems (e.g., Mautic or CRM platforms) remain our proprietary property and are not included in the export. If you do not request your data export within 30 days of termination, we cannot guarantee that your CRM records, analytics history, or other owned content will remain available for retrieval.

11. Indemnification

Clients indemnify North State Tech from claims, liabilities, losses, damages, fines, or expenses (including legal fees) arising from client content, legal violations, or rights infringements.

12. Disclaimers & Warranties

Our services are provided “AS IS” and “AS AVAILABLE,” excluding warranties of any kind. Clients are encouraged to directly review third-party provider terms:

We offer no warranty for compatibility or performance of third-party software.

13. Limitation of Liability

To the maximum extent permitted by law, Symbolscape, Inc., its affiliates, officers, directors, employees, licensors, and agents will not be liable for:

  • Any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or related to your use of or inability to use our services.
  • Lost profits, revenues, data, goodwill, or other intangible losses.
  • Interruptions or downtime due to third-party service disruptions or failures beyond our direct control.

Aggregate Liability:
In no event shall our total aggregate liability exceed the amount you paid Symbolscape, Inc. for services in the six (6) months immediately preceding the event giving rise to your claim.

14. Limitation on Legal Actions & Remedies

Time Limitation:
You agree that any claim or cause of action arising out of or related to these Terms or our services must be initiated within one (1) year after the cause of action accrues, or such claim shall be permanently barred.

Injunctive Relief:
Nothing in these Terms shall restrict either party’s right to seek injunctive relief or other equitable remedies from courts of competent jurisdiction for any unauthorized use, misuse, or infringement of intellectual property rights or proprietary information.

15. Governing Law & Dispute Resolution

Governing Law:
These Terms and your relationship with Symbolscape, Inc. are governed exclusively by the laws of the State of California, without regard to its conflict of law principles.

Venue:
You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Butte County, California, for any litigation permitted under these Terms.

Arbitration Option:
Either party may opt for arbitration rather than litigation. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) in effect at the time of filing, held in Butte County, California. Both parties shall bear their own arbitration costs unless otherwise directed by the arbitrator. Any decision by the arbitrator will be binding and enforceable by any competent court.

16. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our explicit prior written consent. Symbolscape, Inc. reserves the right to assign, transfer, or delegate its rights and obligations at any time, provided that such assignment does not materially diminish your rights or the service quality to which you are entitled.

17. Entire Agreement & Changes

Entire Agreement:
These Terms, together with our Privacy Policy and any explicitly referenced documents, constitute the complete and exclusive agreement between you and Symbolscape, Inc. regarding your use of North State Tech services. They supersede any prior agreements or understandings (written or oral) related to our services.

Amendments:
We reserve the right to modify these Terms periodically. Updates will be published on our website, clearly marked by an updated “Effective Date.” Continued use of our services after changes constitutes your acceptance of the revised Terms.

18. Severability & Waiver

Severability:
If any provision of these Terms is found invalid or unenforceable by a competent court or arbitrator, that provision shall be modified or eliminated to the minimum extent necessary. All remaining provisions shall remain in full force and effect.

Waiver:
The failure by Symbolscape, Inc. to enforce or exercise any right or provision under these Terms does not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Symbolscape, Inc.

19. Privacy & Data Handling

Your use of our services is governed by our Privacy Policy, which outlines our practices for collecting, using, securing, and sharing your personal information. We encourage you to review the Privacy Policy carefully to understand our data practices clearly.

We handle all personal and business data in accordance with our Privacy Policy. This includes contact information, user-generated content, analytics data, CRM records (e.g., contact details, email performance, campaign results), and any behavioral data collected via websites or integrated platforms such as Mautic. We use this data solely for the purpose of providing and improving your services, and we do not sell or share this data with third parties except as required for service delivery or by law. Upon request or account closure, we will provide a copy of your owned CRM and analytics data in a standard format within 30 days, consistent with Section 10.

20. Force Majeure

Neither party will be responsible for failures or delays in performing their obligations due to circumstances beyond their reasonable control. Such circumstances include, but are not limited to:

  • Natural disasters (earthquakes, floods, storms).
  • Epidemics or pandemics.
  • Wars, terrorist attacks, or civil unrest.
  • Labor strikes or disruptions.
  • Failure or disruptions of third-party infrastructure, utilities, or internet services.

In such events, the affected party will use reasonable efforts to resume performance as soon as practicable.

21. Communication & Notices

All formal notices, requests, or communications must be sent to the contact information provided in Section 22 (“Contact”). Electronic notices via email are deemed delivered upon acknowledgment of receipt from the receiving party. Postal notices are deemed delivered upon confirmed physical receipt.

22. Contact

For questions, concerns, or formal notices relating to these Terms of Service, please use the following contact information:

North State Tech
Email: [email protected]

Symbolscape, Inc.
440 N BARRANCA AVE #7676
COVINA, CA 91723
Phone: (415) 800-2021

Acknowledgment

By accessing or using services provided by North State Tech (Symbolscape, Inc.), you expressly acknowledge and agree that you have read, understood, and agree to be fully bound by all provisions set forth in these Terms of Service. Continued use of our services after updates to these Terms constitutes acceptance of the revised version. We will not apply updates retroactively without notice.

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