Socially Active Media

Terms of Service

Updated August 10, 2025

Welcome to Socially Active Media. These Terms of Service (“Terms”) govern your use of our website, services, and any related content. By accessing or using our services, you agree to comply with these Terms, which expressly include the terms and conditions outlined in our other related policies and agreements listed below. If you do not agree with any part of these Terms, please refrain from using our services.

Definitions

  • Socially Active Media: Refers to our digital marketing and technology consulting agency, accessible via https://sociallyactivemedia.com/.
  • User: Anyone who accesses or uses our services.
  • Services: Includes our website, consulting, custom code, methodologies, and any other digital or tangible deliverables provided by Socially Active Media, categorized into Maintenance, Technical Support, and Consulting/Development.
  • CDSA: The Consulting and Development Services Agreement, the contract governing custom, project-based work billed at the dedicated development rate.

Related Policies and Agreements

The following documents are incorporated into these Terms by this reference and form an essential part of your agreement with Socially Active Media:

  • Privacy Policy: Governs our data collection, usage, protection practices, and your specific data rights, including explicit details on how we use cookies, third-party analytics (e.g., Google Analytics), and how we handle data security and retention.
  • Website Maintenance Terms and Conditions: Outlines the scope, responsibilities, and terms for continuous fixed-fee website maintenance services, including covered and excluded fixes, and client obligations.
  • General Terms and Conditions for Consulting and Development Services: Establishes the foundational conditional IP ownership terms, client and contractor warranties, project delay liabilities, and general legal provisions that apply to all custom development and consulting projects.
  • Technical Support Policy: Details the types of technical support provided, response times, procedures for requesting assistance, and defines the applicable rates.
  • Consulting and Development Services Agreement (CDSA): The separate, project-specific agreement that governs all custom projects, new feature builds, and strategic work, establishing the specific scope, timeline, and fees.

By agreeing to these Terms, you acknowledge and agree to be bound by the provisions of all the documents listed above.

Scope of Services and Agreements

The services provided by Socially Active Media are classified under three distinct tiers:

  1. Maintenance: Recurring, fixed-fee services detailed in the Website Maintenance Terms and Conditions (e.g., small fixes, backups, uptime monitoring).
  2. Technical Support: Troubleshooting and issue resolution governed by the Technical Support Policy, with simple overages billed at the applicable Maintenance Overages Rate.
  3. Consulting and Development: Any request for custom development, new features, strategic consulting, or complex work determined to fall outside the scope of the fixed-fee agreements shall be governed by a separate, mutually executed Consulting and Development Services Agreement (CDSA). Socially Active Media reserves the right to classify any complex request as requiring a CDSA, which will be billed at the standard development rate disclosed in the CDSA or a specific Statement of Work.

Use of Services

You may use our services for lawful purposes only.

You agree not to:

  • Violate any applicable laws or regulations.
  • Infringe upon our intellectual property rights.
  • Misrepresent your identity or affiliation.
  • Engage in harmful or malicious activities.

User Conduct and Prohibited Activities

Users must adhere to the following rules:

  • No harassment, spam, or illegal content.
  • No unauthorized use of our intellectual property.
  • No misrepresentation of identity or affiliation.
  • No harmful or malicious actions.

User Accounts and Security

User accounts are created and managed according to our policies. Users are responsible for keeping login credentials secure. Socially Active Media ensures account security to the best of its ability.

Client Hosting and Access

Hosting Responsibility. Unless otherwise explicitly agreed upon in a separate written agreement (such as a Website Maintenance Terms and Conditions), Socially Active Media does not provide website hosting services. The User is solely responsible for procuring, maintaining, and paying for a reliable, secure, and appropriate third-party web hosting service for their website.

Access Requirements. To perform our digital marketing and technology consulting services, the User agrees to provide Socially Active Media with timely and unrestricted administrative access to the User’s hosting account, Content Management System (CMS), domain registrar, and any other necessary third-party platforms.

Security and Liability.

  • The User is responsible for ensuring the security of the hosting account, including the use of strong passwords and any required two-factor authentication.
  • Socially Active Media will exercise reasonable care when accessing and working within the User’s hosting environment.
  • The User acknowledges and agrees that Socially Active Media is not liable for any downtime, security breaches, data loss, or other damages arising from the performance, security, or negligence of the User’s chosen third-party hosting provider.
  • The User agrees to indemnify and hold Socially Active Media harmless from any claims or costs arising out of or related to the User’s hosting platform.

Intellectual Property Rights

All content, strategies, creative assets, code, methodologies, and data on our website and provided to users (excluding client-owned data and assets) are protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, modify, or distribute our content or use our proprietary methodologies without explicit written permission.

Termination and Suspension

Socially Active Media reserves the right to terminate or suspend user accounts for violations of these Terms. Users may appeal such actions following our procedures.

Data Privacy

Consent to Data Processing: By using our services, you explicitly consent to the collection, use, and transfer of your personal data and any client data provided to us for the purpose of running digital campaigns and providing consulting services as described in our Privacy Policy. Personal Data Handling: We process personal data in accordance with applicable data protection laws. Refer to our Privacy Policy for details. Data Security: We take reasonable measures to protect your data, but no system is entirely secure. Users should exercise caution when sharing personal information online.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALLY ACTIVE MEDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, LOSS OF BUSINESS, OR REVENUE DUE TO PROJECT DELAYS OR SERVICE INTERRUPTIONS, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

SOCIALLY ACTIVE MEDIA MAKES NO GUARANTEE, EXPRESSED OR IMPLIED, REGARDING THE LEVEL OF SUCCESS USERS MAY ACHIEVE, INCLUDING BUT NOT LIMITED TO ANY SPECIFIC LEVEL OF REVENUE, TRAFFIC, OR SALES.

IN ALL CASES, THE TOTAL LIABILITY OF SOCIALLY ACTIVE MEDIA, FOR ANY CLAIMS UNDER THESE TERMS, SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER TO SOCIALLY ACTIVE MEDIA FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

By using our services, you agree to indemnify and hold Socially Active Media, its affiliates, officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

  • Your use of our services.
  • Any content you submit, share, or post.
  • Violation of these Terms or any applicable laws or regulations.
  • Infringement of any third-party rights.

You agree to promptly notify Socially Active Media of any such claims and cooperate fully in the defense of such claims. Socially Active Media reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Dispute Resolution and Arbitration

Disputes between users and Socially Active Media shall be resolved through mediation, arbitration, or court proceedings in Collin County, Texas.

Confidentiality

Users agree not to disclose proprietary information obtained during the use of our services.

Changes to Terms

We may update these Terms. Continued use of our services constitutes acceptance of any changes.

By using our services, you agree to these Terms. If you have any questions, please contact us at info@sociallyactivemedia.com.