Terms of Service

Last Updated: December 07, 2025

The Plain English Version

I build websites and provide hosting. You pay me for that work. I do my best to build quality sites and keep them running. You provide accurate information and pay on time. We both act like reasonable adults. If something goes wrong, we talk it out. If we can't work it out, these terms explain how we handle disputes.

Agreement to Terms

By using this website or hiring Dirt River Design for services, you agree to these terms. If you don't agree, don't use my services.

Dirt River Design is operated by Ben Huffman in Grand Forks, ND.

Services Offered

I provide:

  • Web design and development (semi-static sites and WordPress)
  • Web hosting and maintenance
  • Technical support for sites I build and host
  • Domain registration assistance

Specific services, deliverables, timelines, and pricing are outlined in project quotes and agreements.

Free Test Sites

For semi-static site projects, I offer free test sites. Here's how it works:

  • You fill out an onboarding form with your business details
  • I build a working draft of your site
  • You review it and request changes
  • You only pay if you decide to launch the site

Free test sites are for evaluation only. They're hosted on a temporary URL and may be taken down if not converted to a paid project within a reasonable timeframe (typically 30-60 days).

Free test sites are not available for WordPress projects due to setup time and complexity.

Payment Terms

Project Payments

  • Semi-static sites: Payment due upon approval of the final site before launch
  • WordPress sites: May require a deposit (typically 50%) before work begins, with the balance due upon completion
  • Large projects: May be invoiced in milestones as agreed in the project quote

Hosting & Maintenance

Monthly hosting and maintenance fees are billed monthly or annually, as agreed. Payment is due by the date specified on the invoice.

Late Payments

If payment is more than 15 days overdue:

  • Services may be suspended until payment is received
  • Websites may be taken offline
  • Late fees may apply (reasonable collection costs)

I'd rather just talk if you're having payment issues. Contact me before you're late, and we can usually work something out.

Refund Policy

See the Refund Policy page for detailed information. Summary:

  • Free test sites: You don't pay anything unless you're happy with the site
  • Paid projects: Refunds handled on a case-by-case basis before substantial work is completed
  • Hosting/maintenance: Pro-rated refunds available for unused months if you cancel

Client Responsibilities

You agree to:

  • Provide accurate information for your website
  • Provide necessary materials (logos, photos, text) in a timely manner
  • Review work promptly and provide feedback
  • Pay invoices on time
  • Own or have rights to any content you provide
  • Notify me of any issues with your site promptly

My Responsibilities

I agree to:

  • Build your site according to the agreed specifications
  • Provide hosting and maintenance as contracted
  • Respond to support requests in a reasonable timeframe
  • Keep your site backed up and secure
  • Be honest about timelines, costs, and technical limitations

Ownership and Rights

Your Content

You own the content you provide (text, images, logos, etc.). You grant me permission to use it to build and host your website.

Website Code

  • Semi-static sites: You own the final code. If you want to move hosting elsewhere, I'll provide the files.
  • WordPress sites: You own the site. WordPress itself is open source. Any custom code I write is yours.
  • Templates/frameworks: If I use third-party themes or frameworks, those have their own licenses.

My Work Portfolio

I may use screenshots or descriptions of your site in my portfolio and marketing unless you specifically request otherwise.

Limitations of Liability

I do my best, but I'm human. Here's the legal reality:

  • I'm not liable for indirect damages (lost profits, lost data, etc.) beyond the amount you paid for the specific service
  • If something goes wrong, my liability is limited to the fees you paid for the affected service
  • I'm not responsible for third-party services (domain registrars, payment processors, etc.) beyond my control
  • I'm not responsible for damages caused by factors outside my control (hosting provider outages, DDoS attacks, etc.)

That said: if I screw up, I'll do what's right to fix it. This section is here because lawyers say it has to be.

Uptime and Service Availability

I aim for high uptime (typically 99.9%+), but I can't guarantee 100% uptime. Things that can cause downtime:

  • Scheduled maintenance (I'll notify you in advance when possible)
  • Hosting provider issues
  • DDoS attacks or security incidents
  • Acts of God, natural disasters, etc.

If your site goes down, I'll work to get it back up as quickly as possible.

Maintenance and Support

What's Included in Maintenance

  • Security updates and patches
  • Small fixes (broken links, layout issues, quick tweaks)
  • Backups and uptime monitoring
  • DNS and email support
  • Direct access to me when you have issues

What's Not Included

  • Full redesigns
  • Large feature additions
  • SEO or marketing services
  • Content creation

These are quoted separately if needed.

Cancellation and Termination

You Can Cancel

You can cancel hosting and maintenance services anytime with 30 days' notice. You'll receive a pro-rated refund for any unused months (if paid annually).

I Can Terminate Service If:

  • You fail to pay invoices
  • You violate these terms
  • Your site is used for illegal activities
  • You're abusive to me or my staff (there's no staff, but the point stands)

I'll give you reasonable notice before terminating service unless there's a legal or security issue.

Acceptable Use

Sites I host cannot be used for:

  • Illegal activities
  • Spam or phishing
  • Malware distribution
  • Content that infringes copyright or trademarks
  • Adult content (I'm not equipped to handle the legal/compliance requirements)

If your site is flagged for any of these, I'll contact you to resolve it. If it's not resolved, I may suspend hosting.

Warranties and Disclaimers

I provide services "as is." I don't guarantee:

  • That your site will rank #1 on Google
  • That your site will generate a specific amount of traffic or revenue
  • That every browser and device will display your site perfectly (though I do test major browsers)
  • That third-party plugins or services will work forever

I do guarantee that I'll build a professional site that works as intended and that I'll be responsive when you need support.

Dispute Resolution

If we have a dispute:

  1. Let's talk it out like adults. Most problems can be solved with a conversation.
  2. If talking doesn't work, we'll try mediation (informal, third-party help).
  3. If mediation doesn't work, disputes are governed by North Dakota law and handled in North Dakota courts.

I'd rather resolve things without lawyers, but this section is here in case we need it.

Changes to Terms

I may update these terms occasionally. If I make significant changes, I'll update the "Last Updated" date and notify active clients. Continued use of services after changes means you accept the updated terms.

Entire Agreement

These terms, along with any project-specific quotes and agreements, constitute the entire agreement between us. If something isn't written here or in a signed agreement, it's not part of our deal.

Contact

Questions about these terms? Contact me: