Last Updated: October 26, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
These Terms of Service (“Terms”) govern your access to and use of the Hostivus website, platform, and all related services (collectively, the “Service”) provided by Hostivus (“we,” “us,” or “our”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
Acceptance of Terms & Eligibility
By creating an account or using the Service, you represent that you are at least 18 years old, have the legal authority to enter into this binding agreement, and agree to comply with all applicable laws and regulations. The Service is intended for business and professional use.
Description of Service
Hostivus provides a Website-as-a-Service (WaaS) subscription platform. This includes website design, development, hosting, maintenance, support, and specified updates for a recurring monthly fee, as detailed in your selected plan. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.
Account Registration & Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate, current, and complete information during registration and to promptly update it. You must notify us immediately of any unauthorized use of your account.
Subscription Plans, Fees & Payment
- Subscription: The Service is provided on a monthly subscription basis. Your chosen plan begins upon payment and renews automatically each billing cycle until canceled.
- Fees: You agree to pay all fees specified for your plan. Fees are exclusive of taxes, which you are responsible for paying where applicable.
- Payment: Payments are processed securely via our third-party payment processor, Stripe. You authorize us to charge your chosen payment method on a recurring basis.
- Price Changes: We may change subscription fees with at least 30 days’ prior notice. Your continued use after the change constitutes acceptance.
- No Refunds: Fees are non-refundable, including for partial months of service or if you cancel mid-billing cycle. You will retain service access until the end of your paid period.
Cancellation & Termination
- By You: You may cancel your subscription at any time through your account dashboard or by contacting support. Cancellation stops future charges but does not trigger a refund for the current period.
- By Us: We may suspend or terminate your account and access to the Service immediately for: (a) violation of these Terms or our Acceptable Use Policy; (b) non-payment; (c) conduct that risks legal liability or disrupts the Service; or (d) extended inactivity.
- Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your website data and content after a reasonable period as outlined in our Privacy Policy.
Client Content & Intellectual Property
- Your Content: You retain all ownership rights to the text, images, logos, and other content you provide to us (“Client Content”). You grant us a worldwide, royalty-free license to use, reproduce, and modify the Client Content solely to provide the Service to you.
- Our Work Product: Upon receipt of full payment for all fees owed, we grant you a perpetual, non-exclusive, non-transferable license to use the custom website design, code, and graphics we create specifically for you (the “Deliverables”) solely in connection with your business. The underlying Hostivus platform, software, templates, and proprietary tools (“Our IP”) remain our sole property. You may not copy, modify, or resell Our IP.
Client Responsibilities & Acceptable Use
You agree not to use the Service to:
- Upload content that is illegal, infringing, defamatory, or obscene.
- Distribute malware, engage in hacking, or compromise system integrity.
- Send unsolicited commercial messages (spam).
- Violate any applicable laws or third-party rights.
You are solely responsible for the accuracy and legality of your Client Content. You must comply with our separate Acceptable Use Policy.
Service Level Agreement & Disclaimer
The Service includes hosting with uptime commitments as detailed in our Service Level Agreement. EXCEPT AS EXPRESSLY SET FORTH IN THE SLA, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HOSTIVUS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Hostivus and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising out of your use of the Service, your Client Content, or your violation of these Terms.
General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, AUP, and SLA, constitute the entire agreement between you and Hostivus.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
- Waiver: Our failure to enforce a right or provision is not a waiver.
- Assignment: You may not assign these Terms without our prior written consent. We may assign our rights freely.
- Changes: We may modify these Terms at any time. We will provide notice of material changes via email or a prominent website notice. Your continued use after changes constitutes acceptance.
Contact Information
For questions about these Terms, please contact us at:
Hostivus Legal
Email: legal@hostivus.com