Terms of Service

About this agreement: These Terms of Service are provided by A+ Hosting Inc., a Nevada corporation, and apply to all services purchased through any of our three brand websites: APlusHosting.com, ServerPoint.com, and ColossusCloud.com. The terms below apply identically regardless of which brand website you signed up through. References to "we", "us", or "our" in this document mean A+ Hosting Inc.

The following Terms of Service ("TOS" or "Agreement") apply to all services provided by A+ Hosting Inc. ("we", "us", "our") to you ("Customer"). By signing up for or purchasing Services from us, you agree to these terms of service.

Please read this agreement carefully. By signing up for services, a contract is created between you and A+ Hosting Inc. You agree to be bound by this agreement and all terms and conditions incorporated by reference, including our Acceptable Use Policy, Privacy Policy, and any addendum if provided. Your use of the services constitutes acceptance of this agreement.

1. Application of terms

1. 1.1. These terms apply to all Services provided by us to you during the Term. Certain provisions of this TOS may not apply to you based on the product that you have ordered from us.
2. 1.2. These terms, together with our Acceptable Use Policy and Privacy Policy, represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and us.
3. 1.3. We may alter this TOS at any time without notification to you. However, the current TOS is always available on our website. Your sole remedy in the event that you do not agree to those amendments is to terminate your services, as described in paragraph 6, and based on the existing term and addendum. Only an officer of ours may alter this TOS. No agent of, or person employed by or under contract with us, has any authority to alter this TOS in any way. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

2. General terms and conditions

1. 2.1. You will conform to our standards and acceptable use policies, as set out in our Acceptable Use Policy, which is available on our website.
2. 2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activity undertaken by you.
3. 2.3. Your personal information is treated in accordance with our Privacy Policy, which is available on our website.
4. 2.4. You set your own password to access your account. You are solely responsible for all passwords on your account, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords. We will not change the password on any account without proof of identification satisfactory to us, which may include written authorization with signature.
5. 2.5. Our Service Level Agreement (SLA) sets out the performance you can expect from us for each product that we offer. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
6. 2.6. You have no ownership of, or proprietary rights in, any Equipment or software provided by us.
7. 2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
8. 2.8. The Services are provided to you as configured for our standard customer. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
9. 2.9. The Services are provided on an "as-is" basis. We may replace host server hardware or modify software configurations when deemed necessary.
10. 2.10. The proprietary and third-party software we provide for you to use as part of our service are provided on an "as-is" basis and you bear all responsibility for using it.
11. 2.11. Artificial intelligence and model training. We do not use customer data, files, databases, or websites hosted on our infrastructure to train artificial intelligence models. You may not use the Services to train, fine-tune, or otherwise process artificial intelligence models on content that you do not own or have a license to use, including copyrighted material, personal data collected without proper consent, or any data that violates applicable laws.
12. 2.12. Third-party personal data. You represent and warrant that you have provided notice to, and obtained consent from, any third-party individuals whose personal data you supply to us as part of the Services with regard to: (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You agree to provide such notice and obtain such consent for any third-party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or obtain consent from such individuals, or from your providing outdated, incomplete, or inaccurate data.

3. Orders

1. 3.1. Effective date. This Agreement becomes effective when you sign up for a Client Portal account. For each Service you subsequently purchase, the date on which we provide notice that the Service is provisioned is the effective date for that Service. The Initial Term of each Service is set out on the corresponding Order. Each Service automatically renews for the same period as the prior Term unless you change the renewal term in your Client Portal before the renewal date.
2. 3.2. You must be over the age of 18 at the time you place your Order.
3. 3.3. All Orders are subject to review (Fraud Screen). You may receive notice that your Order has been rejected because it failed our Fraud Screen. We are not obligated to provide reasons for rejection. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.
4. 3.4. We are under no obligation to deliver any Services in addition to those identified in the Order.
5. 3.5. You shall provide to us, at your cost, any information, resources or facilities reasonably requested by us for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with us.
6. 3.6. Any instructions supplied by you to us must be complete, accurate and clearly legible. We reserve the right to charge for any costs and any additional work incurred by us due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.
7. 3.7. Sanctions and export compliance. You represent and warrant that (a) you are not located in, and you are not a citizen or resident of, any country or region subject to U.S. sanctions or other applicable trade restrictions; (b) you are not listed on any government list of restricted parties; and (c) you will not use the Services in violation of any applicable sanctions, export controls, or trade restrictions. If a payment is rejected or reversed for sanctions reasons, or if we otherwise determine that you have breached this section, we may suspend or terminate your Services immediately, without refund.
8. 3.8. Identity verification. We may require additional identity verification for any Order at our discretion, including for orders flagged by our fraud screening systems or subject to applicable legal requirements. You agree to provide any documentation we deem necessary. Orders that fail to complete verification within a reasonable period will be cancelled.

4. Ownership of your account

1. 4.1. Your contact information is set out in the Client Portal. It is the Customer's responsibility to keep this information updated at all times.
2. 4.2. If you ordered the Service on behalf of another person or entity, you warrant that you will administer the Service in good faith. You will indemnify us against any losses and liabilities resulting from claims against us where you administered the Service in ways adverse to that other person or entity.
3. 4.3. For avoidance of doubt, the individual or entity set out in the Client Portal is considered by us to be the owner of the account and all associated services. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
4. 4.4. Anti-circumvention. You may not create multiple accounts, use false identities, or use accounts of other persons to circumvent any suspension, termination, ban, resource limit, promotional restriction, or any other limitation imposed under this TOS or our Acceptable Use Policy. Any account found to be created or used for the purpose of circumventing such limitations may be terminated immediately without refund. Promotional pricing, free trials, and money-back guarantees apply per customer, not per account.
5. 4.5. Authority to bind. If any person enters into this TOS on behalf of a corporate entity or other organization, that person represents and warrants that they have the legal authority to bind such entity. If we later find that the person did not have such authority or otherwise misrepresented the relationship, that person shall be personally responsible for all obligations under this TOS, including the payment obligations.

5. Payment

1. 5.1. You are responsible for the Fees set out on the Order, and in the currency specified on the Order. You are also responsible for the fees associated to any extra feature added to the service or fees related to overuse.
2. 5.2. Invoices are due immediately upon receipt. We reserve the right to suspend the Services until payment is made.
3. 5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.
4. 5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue. Setup fees are not refundable. Domain name registration charges are non-refundable, except as provided in §5.10.
   1. 5.4.1. Promotional pricing terms are set out at the time of offer and do not apply to Renewal Terms unless expressly stated. All Renewal Terms are charged at our then-current rates for the applicable Service, regardless of the rate charged for the Initial Term or any prior Renewal Term.
5. 5.5. Our Services are provided on the basis of the Initial Term specified on your Order. All other Services shall renew for the specified period (Renewal Term) or Services are terminated as provided herein. Any such termination or cancellation will be subject to the payment of any outstanding charges and must comply with any contract term specified in the contract and/or addendum (if provided).
6. 5.6. Your credit card is automatically charged for a Renewal Term on the expiration date of the Term for Service. In case an automatic renewal charge fails and you fail to renew or terminate the service, we will make additional attempts to charge your credit card(s). You may cancel automatic renewal at any time through your Client Portal. Where required by applicable law, additional disclosures or notices regarding automatic renewal will be provided as required by law.
7. 5.7. We are not responsible for your data if Services are terminated because your credit card on file has expired or is no longer valid for any reason. If you use a method of payment other than a credit card, we will not be responsible for your data if you fail to make a manual payment for your Services.
8. 5.8. Billing information for your Services is available in your Client Portal.
9. 5.9. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a "chargeback" based on this dispute, the following will apply: (a) we will charge you a chargeback fee plus an administrative fee to compensate us for the investigation required by your credit card issuer; (b) all of your Services may be immediately suspended; (c) credit card checkout and other payment methods may be disabled on your account until the chargeback is resolved in our favor and all fees are paid in full; (d) we may refuse to accept the same payment method going forward; (e) we may decline to reactivate Services even after fees are paid, at our sole discretion; and (f) where the chargeback relates to services already rendered, we may disable your ability to transfer any other Services or domains away from us until the chargeback is resolved in our favor. To reactivate Services where permitted, you must pay the chargeback fee, the administrative fee, and the reactivation fee.
10. 5.10. money-back guarantee: our money-back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Different products have different money-back guarantee terms. Cancellation and Refund requests should be requested no later than 30 days from the effective date of the service, if applies, for shared hosting products, or 14 days for virtual server (Cloud VPS) hosting. There is no money-back guarantee for Dedicated Servers. Additionally, there is no money-back guarantee for secure certificates or third-party software licenses. Domain name registrations and renewals are generally non-refundable. For new gTLD registrations only, you may request a refund within 24 hours of the transaction. Such refunds are at our sole discretion and are contingent upon our upstream registrar partner processing a corresponding refund to us, which they often do not. Some top-level domains (TLDs) do not permit cancellation within this window at all. We make no guarantee that a refund request will be granted. The following conditions apply to our money-back guarantee:
    1. (a) Per-Order scope: It applies only to individual Services in an Order. It does not apply to previously ordered Services.
    2. (b) Setup fees: Setup fees are not refundable and may be due upon cancellation even if waived initially as part of a Special Promotion.
    3. (c) Third-party services and add-ons: Other services, Third Party Services or features incorporated into the Services are not refundable.
    4. (d) Renewals: The money-back guarantee does not apply to Renewal fees.
    5. (e) Sole and exclusive remedy: The money-back guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.
    6. (f) Anti-abuse: We reserve the right to deny refund requests where we identify a pattern of repeated refund requests, suspected abuse of our money-back guarantee, or where you (or a related account) have previously received a refund for the same or substantially similar Service. We may also require a minimum interval of 180 days between refund requests on the same Service type for the same customer or related accounts.
    7. (g) Free domain included with a Service: Where a paid Service was sold with a free domain name registration as part of a promotion, the standard registration price for that domain will be deducted from any refund. If the refund amount is less than the standard registration price, you must either pay the difference or forfeit the domain, in which case ownership of the domain reverts to us.
    8. (h) Refund method: Unless you request otherwise, refunds will be issued as Account Credit usable for future purchases and renewals. Refunds to the original payment source may be available where the payment method supports it, at our discretion.
    9. (i) No refund where Services are suspended or terminated for cause: No refund will be issued where the Service is suspended or terminated for breach of this TOS, the Acceptable Use Policy, or any other agreement incorporated by reference.
    10. (j) Processor fees not refunded: We are not responsible for any additional charges, currency-conversion costs, or transaction fees imposed by your credit card issuer, PayPal, or other payment processor in connection with a refund.
    11. (k) Promotional pricing: Services purchased at a reduced or promotional fee are non-refundable.
    12. (l) How to request a refund: Refund requests must be submitted through a Client Portal support ticket and must include: (i) acknowledgment that you have read this paragraph, (ii) the reason for the request, and (iii) transaction-identifying information (account username, transaction or invoice number, domain name, and date of purchase). Incomplete requests may be returned for clarification or closed without action.
11. 5.11. Account Credit and Account Bucks: we may return part of a pre-paid amount of an Order as credit. Credit amounts may only be used for future purchases and/or renewals of our services. Refunds back to the original payment source will not be provided.
12. 5.12. Our SLA is explained in the Service Level Agreement Page and it specifies your rights in case of disruption of the Services. Should the Services be disrupted, you may request a Credit by contacting our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption of the Services.
13. 5.13. For specifics regarding payment of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.
14. 5.14. Unless stated otherwise, $ refers to United States currency. All future amounts payable by you shall be charged in the same currency as your initial order.
15. 5.15. Set-off. We may apply any credit, refund, or other amount payable to you against any unpaid Fees, late charges, administrative fees, or other amounts you owe us under this TOS or any other agreement with us. We may exercise this right of set-off at any time and without prior notice.
16. 5.16. PCI compliance. Our payment systems maintain PCI (Payment Card Industry) compliance for the processing of our own customer payments. This does not extend automatic PCI compliance to your use of our Services. You agree not to take any action that may put our PCI compliance at risk. We may take any action necessary to maintain our PCI compliance status.
17. 5.17. Currency and conversion. All purchases are processed in U.S. dollars. We may display an estimated conversion price in other currencies for convenience. You acknowledge that the price shown during checkout in a non-USD currency is an estimate. Due to small timing differences between purchase and payment settlement, and to exchange-rate movements, the actual amount charged by your bank or payment processor may differ from the displayed estimate. We make no representation or warranty that the actual amount charged will match the estimate, and you waive any claim based on a discrepancy between the two.

6. Termination or cancellation

1. 6.1. Cancellation

   We are not able to schedule cancellation requests. Valid proof of account ownership will be required to terminate an account or service.
   The initial term of this TOS or Agreement shall be as set forth in the initial order or addendum. The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY, AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE A+ HOSTING INC. TO AUTOMATICALLY BILL AND/OR CHARGE YOUR CREDIT OR DEBIT CARD FOR SUCCESSIVE TERMS OF EQUAL OR SHORTER LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. IF AN ADDENDUM WAS INCLUDED AS PART OF YOUR ORDER, YOU WILL BE BOUND TO THOSE AND SHOULD COMPLY WITH ALL THE REQUIREMENTS BEFORE CANCELLATION.

   1. 6.1.1. We reserve the right to terminate this TOS upon written notice if the other party materially breaches any of these terms and fails to correct the breach within 7 days following the other party's written notice, or immediately if the breach is incapable of cure. Other party will be responsible to comply with the addendum if provided.

2. 6.2. Cancellation by us

   1. 6.2.1. We may terminate this TOS if (a) you fail to pay any sums due to us as they fall due; (b) in our reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support; (c) we determine in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason; or (d) you violate this TOS or any agreement incorporated by reference.
   2. 6.2.2. We may terminate a particular Order, or aspect of the Services, if a Third Party ceases to make components of them available to us, or if providing them to you becomes cost prohibitive.

   3. 6.2.3. Platform Migration and End-of-Life

      Infrastructure platforms, including but not limited to virtualization technologies, operating systems, control panels, and hardware configurations, have defined lifecycles and may be retired or discontinued at our discretion.

      1. (a) Notice of Platform Retirement: When we determine that a platform will be retired, we will provide notice to affected customers via email to the address on file and/or through the Client Portal. The notice will include: the platform being retired, the retirement date, available migration options, and instructions for migrating to a supported platform.
      2. (b) Migration Period: Customers will be given a reasonable period from the date of initial notice (typically thirty (30) days, or longer at our discretion) to migrate their services to a supported platform. We may, at our discretion, offer migration assistance or automated migration tools where technically feasible.
      3. (c) Customer Responsibility: It is your responsibility to respond to platform retirement notices and to initiate migration within the specified timeframe. Failure to respond to migration notices or to complete migration by the retirement date constitutes acceptance of service termination.
      4. (d) Service Termination: Services remaining on a retired platform after the retirement date will be terminated. We will retain customer data for a period of thirty (30) days following termination, after which all data will be permanently deleted. We are not liable for any data loss resulting from failure to migrate.
      5. (e) Refunds: No refunds will be provided for unused prepaid service time on retired platforms if the customer fails to respond to migration notices or complete migration within the specified timeframe.
      6. (f) Comparable Service: Where possible, we will offer migration to a comparable or improved platform at similar pricing. Acceptance of migration to a new platform may require agreement to updated terms specific to that platform.

   4. 6.2.4. Third-Party Applications and Bundled Software

      We may offer third-party applications, website builders, or other bundled software (such as Weebly, site builders, or similar tools) as part of or in addition to hosting services. These applications are provided subject to the following terms:

      1. (a) Third-Party Terms: Third-party applications are subject to the terms and conditions of the respective third-party providers in addition to this TOS. You are responsible for reviewing and complying with such terms.
      2. (b) No Guaranteed Availability: Third-party applications are provided on an "as-is" and "as-available" basis. We do not guarantee the continued availability, functionality, or support of any third-party application.
      3. (c) Discontinuation of Applications: We reserve the right to discontinue offering any third-party application at any time, for any reason, including but not limited to: the third-party vendor discontinuing or abandoning the product; licensing or cost changes making continued offering impractical; security vulnerabilities or end-of-life status; or strategic business decisions.
      4. (d) Notice of Discontinuation: When we discontinue a third-party application, we will provide reasonable notice (typically thirty (30) days, or longer at our discretion) to affected customers. The notice will include the discontinuation date and, where possible, suggestions for alternative solutions.
      5. (e) Customer Responsibility: It is your sole responsibility to export your content, data, and website materials from the discontinued application before the discontinuation date. You must rebuild or migrate your website using alternative software or services. We are not obligated to migrate, convert, or preserve websites or content created with discontinued applications.
      6. (f) No Liability: We are not liable for any loss, damage, or inconvenience arising from the discontinuation of third-party applications, including but not limited to: loss of website content, designs, or functionality; business interruption; costs of rebuilding websites; or loss of search engine rankings or traffic.
      7. (g) No Refunds: Discontinuation of bundled third-party applications does not entitle you to refunds of hosting fees, as the core hosting service remains available. If the application was purchased as a separate add-on, prorated refunds may be provided at our discretion.

   5. 6.2.5. Beta and experimental services

      We may from time to time offer features, products, or services labeled as beta, preview, experimental, trial, or similar. Such offerings are provided on an as-is and as-available basis with no warranty of any kind. We may modify, suspend, or discontinue any beta or experimental service at any time, without notice and without liability. No service credits, refunds, or other compensation are due for the unavailability or discontinuation of beta or experimental services.

3. 6.3. Cancellation by you

   1. 6.3.1. You may terminate the Services at any time through your Client Portal. Cancellation must be submitted through the Client Portal. We cannot accept cancellation by email. If you need instructions on how to cancel, you may contact our customer service team. If you fail to submit cancellation via Client Portal, the Services will not be Terminated, and Fees will still be charged. If an addendum was included as part of your Order, you are bound by it and must comply with all its requirements before cancellation.
   2. 6.3.2. Once you follow the proper steps required to request the Service cancellation, we will process it and issue a refund, if you are entitled to it, within 60 days. Refunds are issued through the same payment method that was originally used to purchase the Services, if it is possible. We are not responsible for delays to refunds caused by processing institutions or expiration of the original payment method. All refunds are subject to administrative fees.
4. 6.4. You may request cancellation of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service. In order to avoid renewal charges and late cancellation fees, cancellation must be requested at least 30 days before renewal term date. Cancellation of an Active account will result in the Termination of any additional Services associated with that account.
5. 6.5 For policies related to Cancellation and/or termination of domain name registrations, please refer to our Domain Name Services Agreement page.
6. 6.6. When you cancel a Service, your access to it ends. We may reassign the IP address and other resources to other customers. If a backup of your data still exists in our systems, you may request a restore at the fees set out in Section F.i. Your account itself remains accessible through the Client Portal even after a Service is cancelled, so you may continue to manage other Services, add new Services, or review billing history. We are entitled to recycle the IP space and data space associated with the cancelled Service. It is your obligation to ensure that you arrange to transfer anything you need from the cancelled Service prior to cancellation. We have no obligation to forward e-mail, website, or other content following cancellation. If an addendum was included, you are bound by it and must comply with all its requirements before cancellation.

7. Technical support

8. Intellectual property rights and other consents

1. 8.1. We grant to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by us are our property or the property of their respective owners. No permission is given by us to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
2. 8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
3. 8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others (Objects), including, but not limited to, clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via, the Service. On becoming aware of any dispute between you and any other individual or organization regarding the Objects, we reserve the right, at our sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, suspending or deleting the Service.
4. 8.4. Unless otherwise set out in this TOS, you own all rights, title and interest to the information you place on our servers pursuant to the Services.
5. 8.5. If you submit feedback to us, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback information.
6. 8.6 All messages exchanged when communicating with our staff will become our sole property.

9. Representations and warranties

1. 9.1. You represent and warrant that: (a) you have the experience and knowledge needed to use the Services; (b) you and your End Users accept the risks inherent in accessing the Internet; (c) you have sufficient knowledge to administer, design, and operate the functions provided by the Services; (d) you will comply with all applicable laws and regulations in your use of the Services; (e) you own, or have a license to use, all intellectual property rights in any information you provide to us or that we transmit through the Services on your behalf; (f) you will maintain backup copies of your information in a location independent of ours, and will not rely on our Backup Services as your sole backup.
2. 9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.

10. Your data and backups

1. 10.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR DATA stored on or transmitted through our Services. Our limitation of liability for data loss is set out in §10.4 below.
2. 10.2. BACKUP SERVICES LIMITATIONS. While we may offer backup services for certain products, you acknowledge and agree that:
   • (a) Backup systems can and do fail due to hardware failures, software bugs, network issues, storage limitations, or other unforeseen circumstances;
   • (b) Backups may not capture all of your data, or may capture corrupted data;
   • (c) The data you need may have been lost, modified, or corrupted before our oldest available backup was created;
   • (d) Backup retention periods are limited, and older backups are automatically deleted;
   • (e) Backup restoration may not be possible, or may result in partial or incomplete recovery;
   • (f) Backups are provided "AS IS" without any warranty of completeness, accuracy, or recoverability;
   • (g) We may purge or delete older backups at any time without prior notice due to storage constraints, system maintenance, infrastructure changes, or other operational reasons.
3. 10.3. YOUR BACKUP OBLIGATION. You must maintain your own independent backups of all data stored on our Services, as any equipment may fail. You agree not to rely solely on any backup services we may provide.
4. 10.4. NO LIABILITY FOR DATA LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, A+ HOSTING INC. SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, OR DESTRUCTION OF DATA, REGARDLESS OF WHETHER SUCH LOSS RESULTS FROM: HARDWARE OR SOFTWARE FAILURE; HACKING, MALWARE, OR SECURITY BREACHES; ACCIDENTAL OR INTENTIONAL DELETION BY YOU OR ANY THIRD PARTY; SERVICE TERMINATION OR SUSPENSION; NATURAL DISASTERS OR FORCE MAJEURE EVENTS; BACKUP FAILURES; OR ANY OTHER CAUSE WHATSOEVER. THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
5. 10.5. SECURITY RESPONSIBILITY - UNMANAGED SERVICES. For all unmanaged services (including but not limited to unmanaged VPS, unmanaged dedicated servers, and any service where we do not provide server administration), YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY OF YOUR SERVER. This includes but is not limited to:
   • (a) Installing and maintaining security patches and software updates;
   • (b) Configuring and maintaining firewalls and security software;
   • (c) Securing all applications, scripts, and code running on your server;
   • (d) Managing user accounts, passwords, and access controls;
   • (e) Monitoring for and responding to security threats;
   • (f) Recovering from any security breaches or compromises.
   We are not responsible for any damages, data loss, or service interruptions resulting from security vulnerabilities or breaches on unmanaged services.
6. 10.6. SECURITY RESPONSIBILITY - MANAGED SERVICES. For managed services where we provide server administration, we will use commercially reasonable efforts to maintain the security of your server. However, YOU ACKNOWLEDGE AND AGREE THAT:
   • (a) No security measures are 100% effective, and we cannot guarantee that your server will be immune to security threats, hacking attempts, malware, or other security incidents;
   • (b) Security threats evolve constantly, and there may be vulnerabilities that are unknown or for which patches are not yet available;
   • (c) You remain responsible for the security of any applications, scripts, themes, plugins, or code that you install on your server;
   • (d) You are responsible for using strong passwords and securing access credentials to your account and services;
   • (e) We are not liable for any damages, data loss, or service interruptions resulting from security breaches, regardless of whether we provide managed services.

11. Limitation of liability

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE LESSER OF (A) THE FEES ACTUALLY PAID BY YOU TO US DURING THE 6 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY, OR (B) FIVE THOUSAND U.S. DOLLARS ($5,000). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Time limit on claims. Any claim or cause of action arising out of or related to this TOS or the Services must be filed within one (1) year after such claim or cause of action arose. Claims filed after this period are permanently barred.

12. Indemnity

1. 12.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued U.S. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (a) procure for you the right to continue using the Services; (b) replace an individual component of the Services with a product or service performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (c) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued U.S. patent or registered copyright.
2. 12.2. You agree to indemnify, defend and hold us harmless, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (a) your use of the Services; (b) any violation by you of any of our policies; (c) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (d) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (a) through (d) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

13. Certain information

1. 13.1. Each party undertakes to keep confidential all information received from the other relating to the contents or performance of this TOS, and shall procure that its directors and employees do the same. This obligation does not apply where: (a) disclosure is necessary to perform a party's obligations under this TOS or to provide the Services; (b) the disclosing party has given prior written consent; (c) disclosure is required by law; or (d) the information is publicly available or was already known to the receiving party at the time of receipt, other than through unauthorized disclosure.
2. 13.2. Without prejudice to Paragraph 13.1, A+ Hosting Inc. reserves the right to identify you as a customer and to mention you to other customers or use your name and likeness in publicity materials, including on our website, without further notice or consent.
3. 13.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, you will be responsible for our reasonable costs of responding, including administrative time and attorneys' fees.

14. Notices

1. 14.1. Any notice to be given by either party to the other may be sent by either support ticket or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing or information on Client Portal. Notices of support tickets opened by us are sent to you by email and shall be deemed received if the message does not bounce back.
2. 14.2. You are required to provide notices to us about the Services through the ticket system. We will provide notices to you using the information you provide at the time of the order or in our Client Portal. We have no responsibility for misdirected notices based on your failure to provide correct information.
3. 14.3. Termination notices must be provided to us as set out in paragraph 6.
4. 14.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us via certified mail as follows:
   A+ Hosting Inc. 10620 S. Highlands Pkwy Suite 110-491 Las Vegas, NV 89141

15. Resolution of disputes and choice of law

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

1. 15.1. Governing Law

   This TOS and any dispute arising from or relating to this TOS, the Services, or your relationship with us shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against us must be resolved exclusively as set forth in this Section, except as otherwise agreed by the parties.

2. 15.2. Informal Resolution

   Before initiating any formal dispute resolution proceedings, you and we agree to first attempt to resolve any dispute informally. The party raising the dispute must send a written notice ("Dispute Notice") to the other party describing the nature and basis of the claim and the specific relief sought. Notices to us must be sent to the address in §14, or via our Contact Us page.

   Both parties agree to negotiate in good faith for at least thirty (30) days after the Dispute Notice is received. If the dispute cannot be resolved within this period, either party may proceed to binding arbitration as described below.

3. 15.3. Binding Arbitration

   If the dispute is not resolved through informal resolution, it shall be submitted to final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall take place in Las Vegas, Nevada. The dispute shall be heard by a single arbitrator who has experience in the field of internet hosting or technology services.

   The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable. The arbitrator shall have the authority to grant any relief that would be available in a court of law, except that the arbitrator shall not be entitled to award punitive or exemplary damages.

   The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.

   15.3.1 Mass arbitration. If twenty-five (25) or more similar arbitration demands are filed against us by the same or coordinated counsel within a sixty (60) day period, the parties agree such demands shall proceed under AAA's Mass Arbitration Supplementary Rules (or equivalent procedures adopted by AAA or any successor administrator), with bellwether selection and staged filing fees. Nothing in this paragraph waives the individual nature of each claim under §15.4.

4. 15.4. Class Action Waiver

   YOU AND A+ HOSTING INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.

5. 15.5. Waiver of Jury Trial

   YOU AND A+ HOSTING INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes shall be resolved by arbitration under this Section. In the event that any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you and we waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

6. 15.6. Small Claims Court Exception

   Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court, provided that the action is not brought on a class, consolidated, or representative basis.

7. 15.7. Equitable Relief

   Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

8. 15.8. Survival

   This dispute resolution provision shall survive any termination or expiration of this TOS or your use of the Services.

16. Definitions

17. Miscellaneous

1. 17.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
2. 17.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
3. 17.3. We reserve the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
4. 17.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, fire, flood, labor disputes, shortages of supplies, riots, war, terrorism, civil unrest, government actions or sanctions, epidemics or pandemics, public health emergencies, cyberattacks, distributed denial-of-service attacks, internet or telecommunications failures of upstream providers, outages or actions by upstream providers, certificate authorities, or core internet infrastructure (DNS roots, BGP, RPKI), power outages not caused by the defaulting party, supply chain failures, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than 10 days from the beginning of the event. If the event extends for more than thirty (30) days in the aggregate, either party may terminate the affected Services with written notice.
5. 17.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
6. 17.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
7. 17.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
8. 17.8 Survival. Paragraphs 2.5, 2.10, 2.11, 3.7, 4.4, 5.12, 5.15, 9.2, 10, 11, 12, 13.1, 13.2, 13.3, 14, 15, 16, 17.1, 17.8, 17.9, 18, and Section A shall survive the termination of this TOS.
9. 17.9 Language. This Agreement was prepared in the English language. In the event of any conflict or discrepancy between the English version and any translated version, the English version shall control.
10. 17.10 No third party beneficiaries. This Agreement is between you and us. It does not give any other person or company any rights or claims under it.
11. 17.11 Beta Services. We may from time to time offer features or services labeled as Beta or similar. Beta Services are provided "as-is" and "as-available," may not work properly, may change, and may be discontinued at any time without notice. We make no warranty and accept no liability for Beta Services.

18. Unclaimed property and maintenance charges

If you have an outstanding account balance (a positive credit balance) whether in Account Credit, Account Bucks, or otherwise, for three (3) years or more for any reason, and we are aware of same, we shall turn over such account balance to the applicable U.S. state in accordance with state unclaimed property law.

Notwithstanding the immediately preceding sentence, you acknowledge and agree that we will deem account credits inactive if they are both twelve (12) months old and have not been used to pay for a Service or fee. In the case of inactive credits, we may, as permitted by law, withhold a monthly maintenance charge from the available credit balance in an amount equal to the lesser of $25.00 or the total credit available on the date of the maintenance charge. If there is no credit available, we will not apply further maintenance charges. We may apply the maintenance charge without prior notice to you.

19. Service-specific terms

In addition to these General Terms of Service, the following service-specific terms apply depending on the services you have ordered.

In the event of a conflict between these General Terms of Service and any service-specific terms, these General Terms of Service shall prevail unless explicitly stated otherwise in the service-specific terms.

Section A - Service Level Agreement SLA

Section B - Domain Name Registration

For specifics regarding policies of domain names, their renewals, and information on termination or cancellation of a domain name, please refer to our Domain Name Services Agreement page.

Section C - Private SSL Certificates

We are pleased to offer private SSL certificates to you, through various providers, if set out on your Order (Private SSL Certificates). To use the Private SSL Certificates, you must be a current customer and:

1. 1. Place the corresponding SSL certificate order, for services that do not include an SSL certificate.
2. 2. Agree to the terms and conditions set by the respective Private SSL providers at their websites.
3. 3. Have a dedicated or shared IP address.
4. 4. Agree that we shall represent you before the SSL providers for the purpose of approving SSL certificate orders or renewals on your behalf. This may involve logging into the email account you have provided for SSL verification purposes and approving the SSL certificate.
5. 5. Agree that if you do not complete the SSL confirmation process up to 5 business days after your initial SSL activation request, your SSL activation request will be canceled and no refund will be due.
6. 6. SSL certificates may be provided at a lower price as part of a special promotion for a Term set out on your order (the Promotional Term). Such certificates are available to use only as long as the SSL is installed on an IP address of our network. If you attempt to transfer away an SSL during its Promotional Term, the discount or other benefit provided by the special promotion will be removed, and your service will be re-billed as if it had been set up without the special promotion. If this results in additional fees, you will be charged for those fees.

Free SSL certificates

Some hosting plans include free SSL certificates issued automatically by Let's Encrypt. By using these certificates, you agree to the Let's Encrypt Subscriber Agreement. We act as your agent for the purpose of requesting, installing, and renewing Let's Encrypt certificates on your behalf. We do not warrant or guarantee the availability, functioning, or continued issuance of Let's Encrypt certificates, which depend on a third-party certificate authority outside our control.

Section D - Backup Services

Backup Services for certain Services are provided on a reasonable efforts basis. Customer responsibility, our limitation of liability, and disclaimers relating to backup data are set out in §10 (Your Data and Backups).

1. 1. Backup Creation

   Although we make reasonable effort to make daily backups of our Shared Hosting Service as well as our Cloud VPS Service, backup creation might fail due to various unforeseen hardware and software failures, for which we bear no responsibility. Cloud VPS backup service can be configured in the Client Portal.

2. 2. Backup Copies

   We keep a limited number of backup copies of your account. Depending on the type of hosting and the type of backup service you have subscribed for you may have access to only 1 copy or more. In case of service transition from one service to another, old backup copies created as part of the previous service are deleted and new backups as part of the new service start to be created.

   Backup Purging. We reserve the right to purge or delete older backups at any time without prior notice. This may occur due to storage capacity constraints, system maintenance, infrastructure upgrades, migration to new systems, or other operational requirements. You should not rely on any specific backup being available at any given time.

3. 3. Backup Restore

   We are pleased to provide you with Backup Restore services. Such services are not included in your Service Fees and can be ordered at an additional expense. Depending on the type of Backup Service, for which the customer subscribed, backup restore tools might be provided at customer's disposal free of charge.

   1. 3.1. Restore from our backups

      We act in good faith to backup data on your Service daily. Data restore from our backup copies is provided on an as-is, as-available basis. If we do not have any backup copy of your data, we shall issue in-store credit equal to any prepaid fees for the backup restore service.

   2. 3.2. Restore from custom Backup file

      We shall attempt to restore your data from a custom backup file as set out on your order for Backup restore services. We may refuse to restore your data, if in our reasonable opinion such restore will result in security risk or will alter the performance of our Server to the detriment of other customers. Such service is subject to hourly fees. Fees associated with restoring a Service from customer Backup files are due immediately and are non-refundable.

Section E - Unlimited Disk Space and Bandwidth

Intended use. Our shared hosting service is designed for small websites and the typical online presence of a small business, including content management, blogging, light e-commerce, and the ordinary website traffic associated with such a site. It is not intended for, sized for, or licensed for large-scale operations, high-traffic applications, computation-heavy workloads, file storage or distribution services, mirrors, archives, or any use case requiring resource consumption beyond what a typical small website requires. How much bandwidth, disk space, processor time, memory, and other server resources fit within the range of a typical small website is determined at our sole discretion, based on our experience with similarly situated customers, the operating condition of our infrastructure, and the impact of any customer's usage on the service we provide to other customers. Customers whose resource consumption exceeds what we determine to be typical may be throttled, suspended, or required to move to a higher-tier service.

Unlimited web space on any Shared Hosting plan applies to use of web pages only (html, images that are part of a website page, php, etc.) All other files are considered as Premium storage, and allowing the storage of such files is at our sole discretion. The purpose of our Shared Hosting Service is to host web sites. Using a hosting service primarily for online file storage or archiving electronic files is prohibited. To ensure fast & reliable service to all of our shared hosting clients, services that adversely affect server or network performance must correct these issues or will be asked to upgrade to a virtual or dedicated server. In the event that you exceed the allocated space quota, we will limit your file upload service and send you an email warning to the authorized email address on file. If you do not take action to comply with the overage warning and the terms and deadlines specified in the warning email, we reserve the right to suspend your service or terminate this Agreement without liability to you.

Customers on any shared hosting plan will ensure that neither you nor any of your End Users make excessive or wasteful use of the Server to our detriment or that of our other customers. The terms "excessive" and "wasteful" are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. Unlimited bandwidth use applies to your use of web pages only (html, php, etc.), not for storage of movies, music files or any other files of a size far in excess of a standard HTML pages. If the contents of your Space regularly generate more server traffic than is deemed acceptable by us, we shall send you an email warning to the authorized email address. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, we reserve the right to terminate this Agreement without liability to you.

Dedicated and Cloud Hosting Services have a set bandwidth allocation applicable to each Service, as set out on the Product Page. If in any calendar month you use bandwidth over that basic allocation, your service may be limited and an overage fee will be charged.

Unused bandwidth may not be carried over from month-to-month.

We will monitor Customer's bandwidth and disk usage. We, in our sole discretion, shall have the right to take any corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Customer's Web site, Customer Content, Customer's electronic mail services and/or other materials or termination of this Agreement, which actions may be taken in our sole and absolute discretion. If we take any such corrective action under this section, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules and regulations regarding Customer's Web site, Customer Content and/or Customer's electronic mail services, and will use bandwidth, disk space, and other resources only for lawful purposes.

Separately from the warning-and-suspension procedures described above, we reserve the right to throttle your bandwidth at any time, in our sole discretion and without prior notice, when necessary to maintain network stability, ensure fair use, or address any issue affecting our network or other customers.

Section F - Other Fees

1. a. If any check is returned for insufficient funds, we will impose a minimum processing charge of $25.00.
2. b. Wire/Bank transfers will be assessed a minimum charge of $35.00.
3. c. There may be a minimum charge of $35.00 per credit card chargebacks.
4. d. There may be a minimum charge of $35.00 per paypal disputes.
5. e. For special administrative work, we will charge Customer $45.00/hour as administrative fee.
6. f. In the event an invoice remain unpaid past the due date:
   1. i. For Shared Hosting services: (10) days after payment is due, we will suspend Service. Service will be terminated (30) days after payment became due and other services/account may be affected.
   2. ii. For Cloud VPS hosting services: (3) days after payment is due, we will suspend Service. Service will be terminated (20) days after payment became due and other services/account may be affected.
   3. iii. For Dedicated hosting services: (3) days after payment is due, we will suspend Service. Service will be terminated (7) days after payment became due and other services/account may be affected.
7. g. To re-activate a service suspended for non-payment, a late fee of $25.00 will apply; in addition, any amounts payable to us not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. Re-activation fees following AUP violations are governed by the Acceptable Use Policy §8.
8. h. To restore a service terminated for non-payment, a termination fee of $50.00 will apply; in addition, any amounts payable to us not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
9. i. There may be a minimum charge of $300.00 to restore a service from one of our tape backups, if available.
10. j. Backups may be deleted from our system once a service is terminated or cancelled. We do not guarantee that backups will be retained after termination, and you should not rely on backup availability after cancellation.
11. k. Power Cost Adjustments. In the event of significant increases in electricity costs at our data center facilities, we reserve the right to pass these additional costs on to customers. Such adjustments may be applied as a surcharge or incorporated into service fees. We will provide reasonable notice before implementing power cost adjustments, except in cases of sudden or emergency rate increases imposed by utility providers.
12. l. Price adjustments. All prices and fees set forth in this Agreement, on our website, or on any Order may be increased or otherwise adjusted at our sole discretion from time to time. Reasons may include, without limitation: inflation; changes in the cost of electricity, network capacity, hardware, software, licensing, or labor; broader shifts in the hosting, cloud, or telecommunications industry; changes in our upstream provider, registry, registrar, or third-party software costs; regulatory changes; and any other internal or external operational factor we determine warrants an adjustment. Price adjustments may take the form of an across-the-board increase, a per-plan repricing, or the discontinuation of legacy or grandfathered pricing tiers that are no longer commercially viable. We will provide reasonable notice of any price increase through our Client Portal, by email, or by posting on our website, except in cases of sudden or emergency cost increases imposed on us by our upstream providers or utilities. No discount, promotion, introductory rate, legacy rate, or historical Order creates a perpetual or lifetime price guarantee. Your only remedy if you do not accept a price adjustment is to terminate the affected Service prior to the next renewal date as set out in §6.4.
13. m. Technical and remote hands services. For technical work performed on your behalf, including remote hands services at the data center, security incident investigation and remediation, custom configuration work, data recovery attempts, and similar specialized services, we will charge customer $250.00/hour (separate from and in addition to the $45.00/hour administrative rate in item e), with a one (1) hour minimum and billed in 30-minute increments thereafter.

Section G - Dedicated Servers

The following terms apply specifically to dedicated server services in addition to the general terms of this TOS.

1. a. Minimum term. There is a twelve (12) month minimum contract on dedicated servers with custom configurations, on servers with discounted pricing, on Colossus Enterprise Dedicated Servers, and on any other special equipment requested.
2. b. IPMI, BIOS, and hardware settings. The out-of-band management interface (IPMI, iLO, iDRAC, or equivalent), BIOS configuration, and motherboard settings on your dedicated server are managed exclusively by us. You must not modify, reconfigure, reset, or tamper with these settings, including credentials, network settings, boot order, firmware, jumper settings, or any hardware-level configuration. Unauthorized modifications may result in loss of remote access, inability to provide support, or server instability, and may incur remote hands fees as set out in Section F.m.
3. c. Remote access requirement. You must not make any changes to your server that would prevent our staff from remotely accessing the server for maintenance, support, or emergency purposes. If your actions or configurations require us to perform physical work on the server, you will be charged remote hands fees as set out in Section F.m.
4. d. Hardware age and end-of-life. We reserve the right to require the removal, replacement, or migration of dedicated servers that have reached end-of-life due to age. Servers significantly outdated (generally those older than ten (10) years from manufacture date) may be subject to mandatory retirement with reasonable notice (typically ninety (90) days). We are not obligated to maintain spare-parts inventory for hardware more than five (5) years old from the original manufacture date. For aging hardware, repairs may not be possible or may be significantly delayed, SLA guarantees for hardware replacement times may not apply, and we may offer migration to newer hardware at our sole discretion (which may be subject to different pricing). If repair is not possible and you decline migration to newer hardware, your service may be terminated with a prorated refund for any prepaid fees covering the unused portion of the Term.
5. e. Legacy operating systems. If your server's operating system is outdated or no longer supported by the OS vendor and your server experiences a hardware failure requiring replacement, we reserve the right to decline to boot the legacy operating system on the replacement hardware. In such cases, we will install the old drives as secondary storage where recoverable, provide a fresh installation of a current supported operating system on the new primary drive, and are not obligated to troubleshoot compatibility issues between legacy operating systems and modern hardware. You are responsible for migrating your data and applications.
6. f. Unmanaged dedicated server failures. For unmanaged dedicated servers, in the event of a complete hardware failure that cannot be repaired, our sole obligation is to provide a replacement server of equal or greater value with a fresh operating system installation. We are not obligated to recover, restore, or migrate any data, applications, configurations, or software from the failed server. Recoverable drives may be installed as secondary storage. You are solely responsible for reinstalling and configuring all software and restoring data from your own backups.
7. g. Network connectivity and redundancy. Dedicated servers are by default provisioned with dual network ports connected to two separate switches and configured using Link Aggregation (LAG). If you elect to provision a dedicated server with only a single network port, you acknowledge that a failure of the switch to which your server is connected will result in loss of connectivity, that we are under no obligation to treat such an outage as urgent (replacement may take several hours or longer), that you must have a disaster recovery plan in place, and that any request to expedite reconnection will be treated as priority remote hands service at the rate in Section F.m.
8. h. Emergency access. We reserve the right to physically access your server at any time for emergency maintenance, security incidents, legal compliance, or to protect our network and other customers. Such access does not incur remote hands fees unless the emergency was caused by your actions or configurations.
9. i. Backup. You may add backup service to your dedicated server. The daily backup is created via third-party software and is provided on an "as-is" and "as-available" basis. It may be discontinued at any time and may not always be available. You agree to hold us harmless for any backup failures resulting from the backup software or any hardware failure that may result in a loss of backups. If you are not satisfied with the outcome of any backup, it remains your obligation to restore your files and data from your own backup.
10. j. Our responsibilities. We agree to sell you the amount of bandwidth specified in your Order. You have the right to connect to our network using the Equipment on a 24x7 basis, subject to the terms of this TOS. You will have no physical access to the Equipment. You will have full administrative access to the Equipment.

Section H - Cloud VPS

The following terms apply specifically to Cloud VPS services in addition to the general terms of this TOS.

1. a. Shared use. Cloud VPS services run on shared physical hardware. While your VPS may appear to be dedicated to your use, the underlying equipment is shared with other customers. You will take no actions to limit the use of the equipment by our other customers, and will not alter or attempt to alter the mechanisms (including software) we use to facilitate shared use. Certain aspects of the service designed to facilitate use by multiple parties may affect your use and administration of the VPS. You may not terminate this TOS based on the implementation of these features.
2. b. Fair use of vCPU resources. Standard Cloud VPS plans include burstable shared CPU resources running on shared physical hardware. You are permitted to use, on average, a defined portion of the vCPU capacity allocated to your virtual server, while retaining the ability to burst to the full vCPU capacity of your virtual server for short, occasional spikes. The acceptable average level of sustained vCPU usage depends on data center region, current infrastructure conditions, and the impact of your usage on other customers sharing the same physical hardware. As a general guideline, sustained usage at or below twenty-five percent (25%) of your allocated vCPU is acceptable for virtual servers hosted in data center locations within the United States of America. Sustained acceptable levels for international data center locations may be lower and are set at our sole discretion based on local infrastructure capacity, neighbor impact, and other operational considerations.
   
   Customers requiring sustained high CPU utilization may purchase a High CPU Add-On. When your virtual server exceeds the acceptable average for its location, we will notify you. Workloads that continuously consume disproportionate CPU resources may be required to upgrade to a High CPU Add-On, a Dedicated CPU VPS, or a Dedicated Server. You may also resolve the matter by reducing your workload to an acceptable level. Our staff may, at their sole discretion and without prior notice, throttle your virtual server's vCPU usage in order to maintain performance for other customers sharing the same physical hardware. Sustained vCPU usage that is not brought within acceptable levels after notice may result in suspension or termination of the affected virtual server in accordance with our Acceptable Use Policy.
   
   If you would like assistance understanding or optimizing your virtual server's vCPU usage, you may engage our team to perform an analysis at our then-current administrative or technical rates set out in §F of this TOS. Workloads that require guaranteed, sustained vCPU performance are not suited to shared vCPU plans and should use a High CPU Add-On, a Dedicated CPU VPS, or a Dedicated Server.
3. c. Money-back guarantee. Cloud VPS services are subject to a fourteen (14) day money-back guarantee from the effective date, as further described in Section 5 of this TOS.
4. d. Maintenance and migration. We reserve the right to restart your virtual server when necessary for operational, maintenance, or infrastructure reasons, including cold migration of a virtual server from one hypervisor to another, hardware maintenance, software updates, or addressing performance or security issues affecting our infrastructure or other customers. Routine scheduled maintenance is announced in advance per our Service Level Agreement. Emergency or operational maintenance affecting your server may occur at any time without prior notice. If we determine that your virtual server must be migrated to a different platform, hypervisor, or product tier as part of an end-of-life, platform retirement, or similar program, and you decline the migration, your service may be terminated with a prorated refund for any prepaid fees covering the unused portion of the Term.
5. e. Access requirements. You are prohibited from making any changes to your VPS that would prevent our staff from accessing the server for maintenance, support, or emergency purposes, including blocking management interfaces, disabling remote access for managed services, or any configuration that would require manual intervention. If your actions require our staff to perform manual intervention, you may be charged support fees at our then-current rates.
6. f. Our responsibilities. We agree to sell you the amount of bandwidth specified in your Order. You have the right to connect to our network using the Equipment on a 24x7 basis, subject to the terms of this TOS. We will provide, at no cost to you, one primary IP address by default, which may change at any time. You will have no physical access to the Equipment and will be provided administrative SSH or Remote Desktop (RDP) access to your service.

Section I - Web Hosting

The following terms apply specifically to web hosting services (including Starter, Premium, and Cloud Hosting plans) in addition to the general terms of this TOS.

1. a. Single user. Web hosting services are for one user only. You may not resell or lease your space or any portion of your space.
2. b. Free domain registration. Where a plan includes a free domain registration, it applies only to your main domain and does not apply to additional domain names.
3. c. Add-on domains. The number of websites or subdomains you may host on a single plan is set out on the corresponding Product Page.
4. d. Backups. Where backups are provided as part of a web hosting plan, they are provided on an "as-is" basis. You are fully responsible for maintaining your own backups of all your files in a location independent of us. In the event that you are not satisfied with the outcome of any backup we provide, it remains your obligation to restore your files and data from your own backup.
5. e. Fair use. We have the sole right to decide what constitutes a violation of our Acceptable Use Policy and what the appropriate corrective action should be. We may grant you a period of time to fix an issue; if you take no action during that period, the decision becomes binding and final, and we are free to apply corrective actions at our sole discretion. We may immediately suspend or terminate any account that violates the Acceptable Use Policy, and we are not responsible for any data loss resulting from such termination.

Last Updated: May 2026