Terms of Service

1. Introduction

These Terms of Service (“Agreement” or “Terms”) outline the rules for using the services offered by Hostex LLC, a limited liability company based in New Mexico, United States (“Hostex,” “we,” “our,” or “us”). By purchasing, accessing, or using any of our services, you (“Customer,” “you,” or “your”) agree to adhere to these Terms, along with our Acceptable Use Policy (AUP), Privacy Policy, and Refund & Cancellation Policy, which are all part of this Agreement.

If you don’t agree with these Terms, please refrain from using our services.

2. Services

Hostex LLC offers a range of services including domain registration, web hosting, reseller hosting, virtual private servers (VPS), and virtual dedicated servers (VDS) (“Services”). You can find detailed information about the features, limitations, and resources for each service on our website and/or client portal.

We reserve the right to change, update, or discontinue any Service at our discretion, but we will honor any ongoing contracts according to their terms.

3. Eligibility and Account Registration

• To register for our Services, you need to be at least 18 years old.
• You agree to provide accurate and complete information when setting up your account and to keep that information current.
• You are responsible for keeping your login details confidential.
• Any actions taken under your account will be your responsibility.

4. Payments and Billing

• All fees are due in advance and billed based on your chosen billing cycle.
• You can make payments using the methods listed on our website.
• If invoices aren’t paid by the due date, it may lead to suspension or termination of Services.
• We also reserve the right to adjust our fees at any time, but any changes won’t affect billing periods that have already been paid for.
• You agree to cover all taxes related to your use of our Services.

5. Termination and Suspension

We reserve the right to suspend or terminate your Services, with or without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy;
• Fail to settle any outstanding invoices;
• Engage in activities that could jeopardize the stability, security, or reputation of our Services.

Once your account is terminated, your access to the Services will end immediately. We might offer a grace period to fix any violations, but we’re not required to do so.

6. About Our Backups

 

6.1 Shared Hosting and Reseller Accounts

We provide automated daily backups. Customers can easily access, restore, and download these backups directly from the control panel.

6.2 VPS and VDS Services

Backups are automated, but you won’t be able to access them unless you’ve purchased the backup management add-on.

6.3 Disclaimer

While we strive to keep backups available, Hostex LLC can’t guarantee their availability, integrity, or completeness. It’s the customer’s responsibility to maintain their own backups for critical data.

7. Support

• Support is available exclusively through our ticketing system, which operates 24/7.
• We do not offer phone or live chat support unless specifically mentioned.
• We aim to respond quickly, but we can’t guarantee response times unless stated in a separate Service Level Agreement (SLA).

8. Acceptable Use

By using our Services, you agree to follow our **Acceptable Use Policy (AUP)**, which prohibits illegal activities, adult content, VPN/proxy services, cryptocurrency mining, spam, and other forms of abuse. If you violate the AUP, we may suspend or terminate your account immediately without a refund.

9. Limitation of Liability

To the fullest extent allowed by law, Hostex LLC is not responsible for any direct, indirect, incidental, consequential, or special damages, including but not limited to data loss, lost profits, or business interruptions, even if we were advised of the possibility of such damages.

Our total liability for any claims related to the Services will not exceed the amount you paid to Hostex LLC in the three (3) months leading up to the claim.

10. Indemnification

You agree to protect, defend, and keep Hostex LLC, along with its affiliates, officers, employees, and contractors, safe from any claims, damages, liabilities, costs, or expenses that may arise from:

• Your use of the Services;
• Any breach of these Terms or the Acceptable Use Policy (AUP);
• Infringement of intellectual property or other rights belonging to third parties.

11. Governing Law and Jurisdiction

These Terms will be governed by and interpreted according to the laws of the State of New Mexico, United States. Any disputes will fall under the exclusive jurisdiction of the courts in Bernalillo County, New Mexico.

12. Modifications

We reserve the right to change these Terms whenever necessary. Updates will be posted on our website along with the effective date. If you continue to use our Services after changes are made, it means you accept the revised Terms.

By using our Services, you confirm that you have read, understood, and agreed to these Terms of Service.