Hosting Terms of Use
The short version
- I set up, bill and support your hosting. The servers are run by my infrastructure provider, and its end-user Terms of Use (opens in a new tab) apply to your account too.
- Use the service lawfully: no spam, illegal content or attacks on other systems.
- Your content is yours, and domains are registered in your name.
- Services renew each term, and I’ll remind you before they do.
- If you ever leave, I’ll hand over your files, databases and domain transfer codes.
What these terms cover
These terms apply to the web hosting, email hosting, domain registration and SSL certificates I provide (together, “hosting services”). “I” and “me” means Gerardo M. Franco, Web & Business Technology. “You” means the person or business the hosting services are for.
You accept these terms when you check “I agree to the hosting provider’s Terms of Use” in a proposal from me, or when you use hosting services I provide. Your proposal or invoice sets out what you’re getting and what it costs. Where it says something more specific than these terms, the proposal or invoice applies.
Who runs the servers
I set up, bill and support your hosting, and I’m your single point of contact for it. The servers, data centers and network are run by my infrastructure provider, ICDSoft Ltd.
Your hosting account is also subject to the infrastructure provider’s end-user Terms of Use (opens in a new tab), which are part of these terms. By agreeing to these terms, you agree to follow them too. They mainly cover what the service may be used for, fair use of server resources, and when an account can be restricted or suspended.
If the provider’s terms and mine differ about how the service may be used, the provider’s terms apply. Billing, support and anything else between you and me is governed by these terms and your proposal.
You won’t have a separate account or contract with the provider. If you need anything about your hosting, contact me.
Using the service
Use the hosting services lawfully and in a way that doesn’t harm other people, other customers or the servers. In particular, you may not use them to:
- host or send anything illegal, infringing, threatening or abusive, or any content or software the provider’s terms prohibit, such as adult content, pirated software or hacking tools;
- send spam or unsolicited bulk email;
- attack, probe or try to break into other systems, or get around passwords and other security;
- run things shared hosting isn’t designed for, such as background programs, proxy or VPN services, or file-sharing services, unless I’ve confirmed in writing that your plan allows it.
Server resources such as storage, memory, processing and email accounts have fair-use limits set by the provider, and those limits can change. If your site outgrows its plan, I’ll talk with you about options before anything is restricted, unless the problem is affecting other customers and needs immediate action.
Your content, domains and passwords
- Your content is yours. You’re responsible for what’s on your website and in your email, and for having the rights to use it, including images, text and software licenses.
- Domains are registered in your name. Domains I register for you list you or your business as the registrant. Registrations are also subject to the rules of the domain registrar and registry. If a registry asks you to verify your contact details, respond within the time it gives (for .com and similar domains, 15 days), or the domain can be suspended.
- Keep your contact details current, especially your email address, because domain and renewal notices go there.
- Keep passwords private and tell me right away if you think one has been compromised. You’re responsible for activity on your account unless it results from my mistake.
- Keep software up to date. If your plan doesn’t include a care plan from me, keeping applications such as WordPress and its plugins updated is your responsibility. Outdated software is the most common way sites get hacked. The provider may disable an application that’s insecure.
Billing, renewals and reminders
- Prices, billing periods and payment methods are in your proposal or invoice. Hosting, domains and SSL certificates are billed in advance for each term.
- Services renew at the end of each term unless you tell me in writing before the renewal date that you want to cancel.
- I’ll email you before each renewal. For domains, I send expiry reminders about 30 days before the expiration date and again around it, as domain rules require.
- If a renewal isn’t paid, I’ll remind you before suspending anything. A domain that expires can become hard or costly to recover, so please don’t ignore these reminders.
- If you dispute a payment with your bank or card company instead of contacting me first, the service may be suspended until the dispute is resolved and any resulting fees are paid.
Cancelling and refunds
You can cancel hosting at any time by telling me in writing. Refunds follow what your proposal or invoice says. Unless it says otherwise:
- domain registrations and SSL certificates can’t be refunded once they’re issued;
- hosting fees for a term that has already started aren’t refunded for the unused part;
- no refund is due when a service is ended for breaking these terms.
Backups
The provider takes routine backups of hosting accounts, and some plans and care plans include additional backups. Backups reduce risk but can’t be guaranteed to be complete or restorable. Keep your own copy of anything important, such as photos, documents and email you can’t afford to lose. I’m glad to help you set that up.
Suspension and ending service
The provider or I may restrict or suspend a hosting account when:
- these terms or the provider’s terms are broken;
- the account is hacked, sending spam, or otherwise putting other customers or the servers at risk;
- fees remain unpaid after a reminder; or
- the law or a valid legal request requires it.
I’ll tell you as soon as I can, and before acting whenever the situation allows it. In an emergency, such as a hacked site, action may come first. I’ll work with you to fix the problem and restore service.
If you leave, you keep what’s yours. As long as your account is paid up, I’ll give you a copy of your website files and databases and the transfer code for domains registered through me, so you can move to another provider.
Uptime and liability
I work to keep your site and email running, and the provider monitors its servers around the clock. Even so, no hosting service can promise uninterrupted operation. Outages, maintenance and problems outside my control, such as network failures, attacks or third-party services, can happen.
To the extent the law allows:
- the hosting services are provided “as is”, without guarantees beyond what these terms and your proposal state;
- I’m not responsible for indirect or consequential losses, such as lost profits, lost business or lost data;
- my total responsibility for any claim about the hosting services is limited to what you paid me for the affected service in the 12 months before the claim.
Nothing here limits responsibility that can’t be limited by law.
Privacy
How I handle personal information, including details needed for domain registration, is explained in my Privacy Policy.
Changes to these terms
I may update these terms, for example when the provider updates its own. The date at the top shows the current version. If a change significantly affects you, I’ll email you before it takes effect. Continuing to use the hosting services after that means you accept the updated terms.
Governing law
These terms are governed by the laws of the State of New York. Any dispute that can’t be worked out directly will be handled in the state or federal courts located in Westchester County, New York.
Questions
For anything about your hosting or these terms, send me a support request or contact me.