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These Terms of Service (the “Agreement”) govern your access to and use of the websites, products, and services (collectively, the “Services”) provided by Host4Geeks LLC, a limited liability company organized under the laws of the State of Wyoming, United States of America, with its principal place of business at 340 S Lemon Ave, Walnut, CA 91789 (“Host4Geeks,” “we,” “us,” or “our”).
By signing up for, accessing, or using any of the Services, you (“Customer,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by this Agreement, together with our Acceptable Use Policy, Privacy Policy, Refund & Billing Policy, and Service Level Agreement, each of which is incorporated by reference. If you do not agree, you must not use the Services.
This Agreement is a legally binding contract. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.
| Term | Meaning |
|---|---|
| Account | The customer account created through the Host4Geeks client portal at backyard.host4geeks.com used to purchase and manage Services. |
| Billing Cycle | The recurring period (monthly, annual, biennial, or triennial) for which Services are invoiced. |
| Content | Any data, software, code, files, images, text, audio, video, or other materials that you, your end users, or third parties acting on your behalf transmit to, store on, or process through the Services. |
| Order | Any subscription, configuration, or purchase placed by you for Services, whether through the website, client portal, sales team, or API. |
| Services | All hosting, infrastructure, software, and related services offered by Host4Geeks, including but not limited to shared, reseller, semi-dedicated, VPS (managed and unmanaged), dedicated server, application, WordPress, email, domain registration, SSL, backup, and support services. |
You must be at least eighteen (18) years of age and capable of forming a legally binding contract under applicable law to use the Services. By creating an Account, you represent that all information you provide is accurate, current, and complete, and that you will keep it accurate, current, and complete at all times.
Host4Geeks reserves the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including where required to comply with applicable laws or where we determine, in our reasonable judgment, that continued service would pose a risk to our network, our customers, or third parties.
To purchase or use most Services, you must register for an Account. You are responsible for:
Host4Geeks is not liable for any loss or damage arising from your failure to comply with this section. We may, at our discretion, require additional verification before activating or restoring access to an Account.
Host4Geeks provides web hosting and related infrastructure services. Specific features, resource allocations, technical specifications, and limitations applicable to your Services are described on the relevant product page, in your Order, or in the client portal at the time of purchase. Resource usage limits (including but not limited to CPU, RAM, storage, bandwidth, inodes, IOPS, and entry-process counts) are defined per plan and may be enforced through throttling, suspension, or upgrade requirements as described in the Acceptable Use Policy.
We reserve the right to modify, enhance, or discontinue any feature or aspect of the Services at any time. Where a change materially and adversely affects you, we will use commercially reasonable efforts to provide at least thirty (30) days’ prior notice by email or through the client portal.
All fees are quoted and payable in United States Dollars (USD) unless expressly stated otherwise. Fees are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities (including but not limited to sales tax, VAT, and GST), which are your responsibility and which we will collect where required by law.
We accept payment by major credit and debit cards, PayPal, and supported cryptocurrencies (processed via Plisio). You authorize us, and our payment processors, to charge your selected payment method for all fees due, including recurring renewal fees, upgrades, overages, and applicable taxes.
All subscription Services renew automatically at the end of each Billing Cycle for a successive term of equal length at the then-current renewal rate, unless cancelled in accordance with Section 9 (Cancellation and Termination). Renewal invoices are generated fourteen (14) days before the renewal date and sent to the email address on file. By placing an Order, you expressly authorize us to charge your payment method for these recurring renewals without further authorization until you cancel.
If we are unable to collect payment by the due date stated on your invoice, the following will apply:
You agree to reimburse Host4Geeks for all reasonable costs incurred in collecting overdue amounts, including legal fees and collection agency fees, where permitted by law.
Host4Geeks may modify pricing for Services at any time. For active subscriptions, any price increase will not take effect until your next renewal and you will receive prior notice in your renewal invoice. We do not increase prices for the duration of any pre-paid term you have already purchased.
Refunds are governed by our Refund & Billing Policy, which is incorporated into this Agreement by reference. In summary:
Please refer to the Refund & Billing Policy for full details, exclusions, and the refund request process.
You retain ownership of your Content. You are solely responsible for your Content and for ensuring that your use of the Services complies with this Agreement, the Acceptable Use Policy, and all applicable laws and regulations of any jurisdiction in which you, your end users, or your Content may be located.
By using the Services, you grant Host4Geeks a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, copy, display, and otherwise process your Content solely to the extent necessary to provide, secure, and support the Services and to comply with legal obligations.
You represent and warrant that you have all rights, licenses, consents, and permissions necessary to upload, store, and process your Content through the Services, and that your Content does not infringe any third-party rights or violate any applicable law.
Your use of the Services is governed by our Acceptable Use Policy (AUP), which is incorporated into this Agreement by reference. Violation of the AUP is a material breach of this Agreement and may result in immediate suspension or termination of Services without refund. Prohibited activities include but are not limited to: distribution of spam, malware, or phishing content; copyright infringement; child sexual abuse material; unauthorized cryptocurrency mining; resource abuse; and unlawful or fraudulent activity.
You may cancel any Service at any time through the client portal. To prevent the next automatic renewal, your cancellation request must be submitted at least one (1) full Billing Cycle before the next renewal date for monthly plans, or before the renewal invoice is generated (fourteen days prior) for longer terms. Cancellation takes effect at the end of the current paid term unless you specify immediate cancellation. Refer to Section 6 and the Refund & Billing Policy for refund eligibility.
We may suspend or terminate your Account or any Service immediately, without notice and without refund, if:
Host4Geeks may also terminate your Services for convenience by providing at least thirty (30) days’ written notice, in which case any unused prepaid fees for the affected Services will be refunded on a pro-rata basis.
Upon termination for any reason, your right to access and use the Services ceases immediately. Following termination, hosting data is permanently deleted in accordance with our Privacy Policy. You are responsible for retrieving and backing up your data before the effective date of termination. Sections that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
Host4Geeks targets a 99.9% network and server uptime for production Services as set out in our Service Level Agreement (the “SLA”). Service credits are the sole and exclusive remedy for failure to meet the SLA. SLA credits must be claimed by submitting a ticket to the billing department through the client portal within five (5) days of the reported incident. Credits do not entitle you to a cash refund.
Downtime caused by the following events does not count toward SLA calculations: DDoS attacks; scheduled maintenance; downtime due to unpaid invoices, AUP violations, or abuse reports; ISP or customer-side connectivity issues; customer-controlled downtime; force majeure events; and, for VPS and dedicated services, internal application services such as MySQL, Apache, PHP, and similar.
Host4Geeks may, as a courtesy, provide periodic backups of certain Services. These courtesy backups are provided “as-is,” without warranty of any kind, and should not be relied upon as your primary data protection mechanism. You are solely responsible for maintaining independent, complete, and current backups of your Content. Host4Geeks shall have no liability for any loss of data, including loss of data resulting from failed backups, corrupted backups, or unavailability of backups, regardless of cause.
The Services may incorporate or interoperate with third-party software, products, or services (for example, control panels, security suites, payment processors, and CDN providers). Your use of such third-party offerings may be subject to additional terms imposed by the third party. Host4Geeks does not control, and is not responsible for, the availability, performance, or content of third-party services.
As between you and Host4Geeks, Host4Geeks (and its licensors) owns all right, title, and interest in and to the Services, the Host4Geeks websites, the client portal, the Host4Geeks name and logo, and all related intellectual property. Nothing in this Agreement grants you any right, title, or interest in any Host4Geeks intellectual property other than the limited right to use the Services in accordance with this Agreement.
You may not: (a) copy, modify, or create derivative works of the Services or any Host4Geeks intellectual property; (b) reverse engineer, decompile, or attempt to discover the source code or underlying ideas of the Services, except to the extent applicable law expressly permits; (c) remove or alter any proprietary notices; or (d) use any Host4Geeks trademark without our prior written consent.
Each party may receive non-public, confidential, or proprietary information from the other in connection with this Agreement (“Confidential Information”). Each party agrees to protect the other party’s Confidential Information with the same degree of care it uses to protect its own confidential information of similar importance, and in no event with less than reasonable care, and to use it only for purposes of performing under this Agreement.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HOST4GEEKS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE PRESERVED WITHOUT LOSS. YOU ACKNOWLEDGE THAT HOSTING SERVICES INVOLVE INHERENT RISKS, INCLUDING THE RISK OF DATA LOSS, AND YOU ASSUME THESE RISKS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOST4GEEKS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF HOST4GEEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF HOST4GEEKS UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO HOST4GEEKS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations apply only to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Host4Geeks, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your Content; (b) your use of or access to the Services; (c) your violation of this Agreement or any incorporated policy; (d) your violation of any third-party right, including any intellectual property, publicity, or privacy right; or (e) any claim that your Content caused damage to a third party.
Host4Geeks shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, pandemic, government action, labor disputes, internet or telecommunications failures, denial-of-service attacks, or actions of upstream providers.
We may update this Agreement from time to time. The “Last Updated” date at the top of this document reflects the most recent revision. For material changes, we will provide at least thirty (30) days’ notice by email or through the client portal. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Agreement. If you do not agree to a change, your sole remedy is to cancel the affected Services before the effective date.
This Agreement, and any dispute arising out of or relating to it or the Services, is governed by the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to the arbitration provision below, the state and federal courts located in Wyoming shall have exclusive jurisdiction over any dispute that is not subject to arbitration, and each party irrevocably submits to the personal jurisdiction of such courts and waives any objection based on venue or forum non conveniens.
Before initiating any formal proceeding, the parties shall first attempt in good faith to resolve any dispute by written notice to the other party describing the nature and basis of the claim, followed by at least thirty (30) days of good-faith negotiation.
Any unresolved dispute shall be finally resolved by binding arbitration administered in Wyoming under the rules of a recognized arbitration body selected by mutual agreement (or, failing such agreement, by Host4Geeks), in the English language, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information.
This Agreement, together with the Acceptable Use Policy, Privacy Policy, Refund & Billing Policy, Service Level Agreement, and any Order, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous understandings.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Host4Geeks may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
The failure of either party to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
Notices to Host4Geeks must be sent to [email protected]. Notices to you will be sent to the email address on file in your Account and are effective upon transmission.
The parties are independent contractors. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship.
Headings are for convenience only and have no legal effect on the interpretation of this Agreement.
If you have questions about this Agreement, please contact us:
Host4Geeks LLC
340 S Lemon Ave, Walnut, CA 91789, United States
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Host4Geeks to suspend or terminate your account. You agree that Host4Geeks has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
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