This document is written for clarity. If a signed service agreement conflicts with this page, the signed agreement controls to the extent permitted by law.
Acceptance and scope
These Terms and Conditions govern use of the Hosting5x website and any hosting, maintenance, migration, security-assistance, or related services we agree to provide. By using the website, you accept these Terms. Paid services begin only after both parties agree to a proposal, order, or service agreement.
If a signed service agreement conflicts with these Terms, the signed service agreement controls. Mandatory rights under applicable law remain unaffected.
Website information and plan requests
Website descriptions, specifications, prices, and availability are general information and may change. They are not a binding offer, warranty, or guarantee. Final scope, fees, renewal terms, support levels, resource allocations, and deliverables are stated in the applicable service agreement.
The hosting-request tool creates a local text file. Downloading that file does not submit an order, create an account, reserve capacity, or obligate either party. A service relationship exists only after written acceptance of the applicable service agreement.
Customer responsibilities
You are responsible for:
- providing accurate information and timely approvals;
- maintaining secure credentials and authorized-user access;
- owning or licensing all website content, themes, and plugins;
- complying with law and third-party platform requirements;
- maintaining any backups specifically assigned to you; and
- promptly reporting suspected compromise or unauthorized use.
You authorize us and our providers to access and modify the website and hosting environment as reasonably necessary to perform the agreed services.
Acceptable use
You may not use the services to break the law; infringe rights; distribute malware; facilitate phishing, spam, fraud, or abuse; interfere with systems or networks; conduct unauthorized security testing; or host content that creates a material security or operational risk.
We may investigate suspected violations and suspend or restrict service when reasonably necessary to protect customers, providers, systems, or the public. Where practicable, we will provide notice and an opportunity to cure.
Third-party platforms and software
The services may rely on third-party infrastructure, content-delivery networks, domain registrars, WordPress, WooCommerce, themes, plugins, payment tools, and other providers. Their services, terms, licensing, availability, and security practices remain under their control.
Unless expressly included in the service agreement, Hosting5x is not responsible for third-party changes, incompatibilities, licensing fees, discontinued features, outages, or defects.
Backups, security, and incident assistance
We use reasonable measures intended to support availability, backups, restoration, and security. No hosting environment can be guaranteed uninterrupted, error-free, immune from attack, or capable of restoring every version of every file or data set.
Following a suspected compromise, we may provide reasonable-efforts assistance with investigation, containment guidance, restoration from available backups, and remediation. Results depend on the incident, available backups, credentials, customer settings, and third-party software. Additional incident-response work may require a separate scope and fee.
Fees, changes, suspension, and termination
Fees, billing dates, taxes, renewal, cancellation, refunds, and any usage charges are governed by the applicable service agreement. We may change future pricing or plan specifications with notice required by that agreement or applicable law.
Either party may end services as permitted by the service agreement. We may suspend service for nonpayment, abuse, legal requirements, or material security risk. On termination, access and data handling are subject to the agreed transition and retention terms.
Disclaimers and limitation of liability
To the fullest extent permitted by law, the website and services are provided “as is” and “as available,” except for express commitments in a signed service agreement. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
To the fullest extent permitted by law, Hosting5x is not liable for indirect, incidental, special, exemplary, consequential, or punitive damages; lost profits, revenue, goodwill, data, or business opportunity; or business interruption arising from the website or services, including a cyberattack, unauthorized access, malware, credential compromise, third-party software, or recovery effort.
Except for liability that cannot lawfully be limited, Hosting5x’s aggregate liability relating to a claim will not exceed the fees you paid to Hosting5x for the affected service during the three months immediately preceding the event giving rise to the claim. These limitations apply only to the extent enforceable in the applicable jurisdiction.
Indemnity
To the extent permitted by law, you will defend, indemnify, and hold Hosting5x and its personnel harmless from third-party claims, losses, and reasonable costs arising from your content, your unlawful or unauthorized use of the services, your breach of these Terms, or your infringement of another party’s rights. This obligation does not apply to the extent a claim results from Hosting5x’s willful misconduct.
General terms and contact
You may not assign a service agreement without our written consent, except as permitted in that agreement. If any provision is unenforceable, the remaining provisions continue in effect. A delay in enforcement is not a waiver. Neither party is liable for delay caused by events beyond reasonable control, subject to applicable payment obligations and law.
The governing law, venue, dispute process, and notices stated in the applicable service agreement apply. We may update these website Terms by posting a revised version and effective date; material changes to active paid services will be handled under the service agreement.
Questions about these Terms should be directed to the Hosting5x contact identified in your proposal, invoice, or service agreement.