Terms of Service

Last updated: 03/06/2024

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hosterr LLC (“Hosterr”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the https://hosterr.com website as well as our hosting servers and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Maine, United States and have our registered office at 27 Water St, Oakland, ME 04963. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions, including the User Agreement posted on the Site, which are incorporated into these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password(s). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. FEES AND PAYMENT

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

6. CANCELLATION & REFUNDS

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

Refunds will only be provided for hosting services canceled within thirty (30) days of the initial purchase of the services. Addon services are non-refundable through Hosterr, and will need to be requested through the third party addon provider. Domain purchases are non-refundable, however, the renewal of such services can be disabled through your billing account.

If you are unsatisfied with our services, please email us at [email protected].

7. SOFTWARE

We may include software for use in connection with our services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms and Conditions. Any Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms and Conditions.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit viruses, Trojan horses, or other harmful material.
• Engage in any automated use of the system.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit spyware or passive collection mechanisms.
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures of the Site designed to prevent or restrict access.
• Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising part of the Site, except as permitted by law.
• Use, launch, develop, or distribute any unauthorized automated system, scraper, or similar tool.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users for unsolicited email.
• Use the Site as part of any effort to compete with us.
• Send spam and/or phishing emails from our servers in any capacity.
• Utilize server storage space for hosting personal assets not directly related to your website(s).
• Host any form of pornographic material on our servers.
• Host any form of hate-related content including but not limited to racism, anti-semitism, homophobia, or other content determined inappropriate by us.

9. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site.

When you create or make available any Contributions, you thereby represent and warrant that your Contributions do not infringe the rights of any third party and comply with these Terms and Conditions and applicable law.

• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unauthorized advertising or solicitation.
• Your Contributions are not obscene, abusive, or otherwise objectionable.
• Your Contributions do not violate privacy or publicity rights.
• Your Contributions do not violate any applicable law concerning minors.
• Your Contributions do not otherwise violate these Terms and Conditions or applicable law.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any lawful purpose.

We do not assert ownership over your Contributions. You retain full ownership of all of your Contributions and associated intellectual property rights. You are solely responsible for your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with our review criteria, including having firsthand experience, avoiding unlawful or abusive content, and refraining from false or misleading statements.

We may accept, reject, or remove reviews in our sole discretion.

12. MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on devices owned or controlled by you, strictly in accordance with these Terms and Conditions.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the Site. The license granted is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

13. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers. By granting us access to Third-Party Accounts, you understand that we may access and store certain content provided to and stored in your Third-Party Account so that it is available on and through the Site.

14. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose.

15. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites and third-party content. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply approval or endorsement thereof by us.

16. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

17. U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency, they are subject to the applicable FAR, DFARS, and related provisions referenced in these Terms and Conditions.

18. SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms and Conditions, take appropriate legal action, restrict access to content, remove burdensome files, and otherwise manage the Site in a manner designed to protect our rights and property and facilitate proper functioning.

19. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

20. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

21. TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. We reserve the right to deny access to and use of the Site to any person for any reason or no reason, including for breach of these Terms and Conditions or applicable law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

While we may choose to preserve your account data, hosting data, and/or backups in good faith after a termination, we reserve the right to immediately terminate any and all data related to the account from our servers at any time. You should reach out to our support immediately after a termination to discuss recovering data. Data recovery is done at our sole discretion.

22. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We cannot guarantee the Site or our services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or services, resulting in interruptions, delays, or errors.

23. GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of Maine applicable to agreements made and to be entirely performed within the State of Maine, without regard to its conflict of law principles.

24. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration under the applicable rules of the American Arbitration Association (“AAA”).

If for any reason a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in Kennebec, Maine.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding and there is no right or authority for any dispute to be arbitrated on a class-action basis.

Exceptions to Informal Negotiations and Arbitration

The parties agree that certain disputes, including those seeking to enforce or protect intellectual property rights or seeking injunctive relief, are not subject to the above provisions concerning informal negotiations and binding arbitration.

25. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

26. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF.

27. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

28. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site, your Contributions, your breach of these Terms and Conditions, or your violation of any law or third-party rights.

29. USER AND HOSTING DATA

We will attempt to maintain certain data that you transmit to the Site, as well as data stored on our hosting servers at a minimum of weekly incremental backups stored for at least ninety (90) days. Although we perform regular routine backups of data, we do so in good faith, and you are ultimately responsible for all data related to your account, services, website, and email data.

30. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

31. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

32. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

33. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

[email protected]