Terms of Service

Agreement to these Terms

These Terms of Service (“Terms”) are a legally binding agreement between you and Hosterr LLC (“Hosterr,” “we,” “us,” or “our”) governing your access to and use of the Hosterr website, managed hosting services, hosting-related support, maintenance services, consulting, migrations, and any related services we provide.

By accessing the website, submitting a form, requesting services, paying an invoice, using our services, or otherwise working with Hosterr, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the website or services.

If you are using the services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

Related policies

Your use of the website and services may also be governed by our Privacy Policy, Cookie Policy, Disclaimer, and Accessibility Statement.

Services provided

Hosterr provides managed hosting and related technical services, which may include hosting environment management, website migration, performance improvements, monitoring, maintenance, updates, backups, security-related configuration, support, troubleshooting, and other website or hosting-related assistance.

The exact services, deliverables, fees, timelines, responsibilities, and scope may be described in a written proposal, invoice, statement of work, email confirmation, service plan, or other written communication from Hosterr. If there is a conflict between these Terms and a signed written agreement, the signed written agreement will control only to the extent of that conflict.

Unless expressly stated in writing, services are provided on a commercially reasonable efforts basis and do not guarantee any specific traffic, revenue, conversion rate, search ranking, uptime percentage, performance score, security outcome, or business result.

Eligibility and account responsibility

You must be at least 18 years old and legally able to enter into contracts to use our services.

You are responsible for the accuracy of all information you provide to Hosterr, including contact details, billing information, website information, login credentials, domain information, and technical access details.

You are responsible for maintaining your own records, safeguarding credentials, limiting access to authorized users, and promptly notifying Hosterr if you believe an account, website, server, domain, payment method, or credential has been compromised.

Client responsibilities

You are responsible for providing timely cooperation, accurate information, required approvals, access credentials, content, licenses, third-party account access, and any other materials reasonably needed for Hosterr to perform the services.

You are responsible for the legality, accuracy, ownership, licensing, and appropriateness of all content, data, files, media, code, plugins, themes, software, products, services, and materials associated with your website or account.

You agree not to upload, host, transmit, sell, promote, or facilitate unlawful, harmful, infringing, abusive, deceptive, malicious, or otherwise prohibited content through the services.

Delays caused by your failure to provide access, information, approvals, payment, or cooperation may delay service delivery and do not relieve you of payment obligations.

Acceptable use

You may not use the website or services in any way that violates applicable law, infringes intellectual property or privacy rights, disrupts systems, compromises security, harms others, or exposes Hosterr or its infrastructure providers to legal, technical, financial, or reputational risk.

• No malware, phishing, credential harvesting, botnets, spam, or malicious activity
• No unlawful, fraudulent, defamatory, harassing, abusive, exploitative, or infringing content
• No attempts to bypass, disable, overload, scan, attack, reverse engineer, or interfere with any system or network
• No use of the services to send unsolicited bulk email or messages
• No hosting of content or applications that create excessive resource usage, instability, security risk, or abuse complaints
• No reselling, sublicensing, or providing access to the services unless expressly authorized in writing by Hosterr

Third-party platforms, vendors, and software

Websites often rely on third-party services, platforms, software, plugins, themes, APIs, payment processors, DNS providers, registrars, email platforms, analytics tools, content delivery networks, and infrastructure providers. Hosterr is not responsible for the acts, omissions, outages, pricing changes, policy changes, security issues, or failures of third parties.

You are responsible for complying with all third-party terms, licenses, subscription requirements, and payment obligations related to tools, platforms, plugins, themes, or services used by your website.

Hosterr may recommend, configure, or interact with third-party tools, but such involvement does not make Hosterr responsible for those third-party services or guarantee their continued availability, compatibility, legality, performance, or security.

Access and credentials

To provide services, Hosterr may require access to hosting accounts, websites, domain registrars, DNS providers, content management systems, third-party platforms, email systems, source files, databases, or other technical systems.

You authorize Hosterr to access and use those systems as reasonably necessary to provide the requested services.

You remain responsible for maintaining ownership and control of your accounts, domains, payment methods, licenses, and third-party subscriptions unless otherwise agreed in writing.

Payments, invoices, and billing

Fees, billing frequency, payment terms, and included services will be described in the applicable invoice, proposal, service plan, or written communication from Hosterr.

Unless otherwise stated in writing, invoices are due upon receipt. Services may be delayed, suspended, or terminated if payment is not received on time.

Recurring services may continue and remain billable until canceled in accordance with these Terms or the applicable written agreement.

You are responsible for all applicable taxes, transaction fees, chargeback fees, collection costs, and other amounts associated with your purchase or use of the services, except for taxes based solely on Hosterr’s income.

All payments are non-refundable unless Hosterr expressly agrees otherwise in writing or a refund is required by applicable law.

Late payments, suspension, and collections

If payment is late, failed, disputed, reversed, or otherwise not received, Hosterr may pause work, restrict support, suspend services, disable access, or terminate services without liability.

Suspension or termination for nonpayment does not waive amounts owed. You remain responsible for all outstanding fees, costs, and charges incurred before suspension or termination.

Hosterr may refer unpaid amounts to collections or pursue available legal remedies. You agree to reimburse reasonable costs of collection, including attorneys’ fees, court costs, collection agency fees, and related expenses to the extent permitted by law.

Cancellations and termination

Either party may terminate ongoing services according to the cancellation terms in the applicable written agreement, invoice, or service plan. If no separate cancellation terms apply, you may request cancellation through the contact form or at [email protected].

Cancellation requests must be received before the next billing date to avoid additional recurring charges. Hosterr is not responsible for your failure to cancel third-party subscriptions, licenses, domains, tools, or services that are billed separately by third parties.

Hosterr may terminate or suspend services immediately if you violate these Terms, fail to pay amounts due, create security or legal risk, misuse the services, fail to cooperate, or use the services in a way that may harm Hosterr, other clients, infrastructure providers, or third parties.

Upon termination, Hosterr may stop providing services, disable access, remove hosted materials, delete data, or return available materials as commercially reasonable, subject to payment of all outstanding amounts and any applicable technical limitations.

Migrations and transitions

If Hosterr assists with a website migration, transition, DNS change, platform change, or hosting move, you acknowledge that such work may involve downtime, propagation delays, compatibility issues, broken links, plugin conflicts, configuration issues, email disruption, or other technical complications.

Hosterr will use commercially reasonable efforts to reduce disruption, but we do not guarantee that any migration or transition will be error-free, uninterrupted, or completed within a specific timeframe unless expressly agreed in writing.

You are responsible for reviewing and approving migrated websites, testing functionality, confirming forms and integrations, and notifying Hosterr promptly of any issues.

Backups and data

Hosterr may provide, configure, or facilitate backups as part of certain services. However, backups are not a substitute for your own independent data retention practices.

You are solely responsible for maintaining independent backups of your website, files, databases, business records, customer information, and other important data.

Hosterr does not guarantee that any backup will be available, complete, current, restorable, free from corruption, or suitable for your needs. Data loss can occur despite reasonable precautions.

Security

Hosterr may provide security-related configuration, monitoring, updates, hardening, recommendations, or support. However, no website, server, network, software, or system can be guaranteed to be secure.

You acknowledge that security threats change constantly and that vulnerabilities may exist in third-party software, plugins, themes, credentials, user behavior, hosting environments, integrations, or other systems outside Hosterr’s control.

Hosterr is not liable for unauthorized access, malware, hacks, data breaches, data loss, downtime, spam, blacklisting, reputational harm, or other security incidents except to the extent directly caused by Hosterr’s gross negligence or willful misconduct.

Uptime, performance, and availability

Hosterr works to provide reliable, high-quality managed hosting services, but we do not guarantee uninterrupted availability, specific uptime, specific page speed scores, specific search engine rankings, specific load times, or error-free operation unless expressly agreed in a separate written service level agreement.

Service interruptions may occur due to maintenance, updates, emergencies, third-party outages, DNS issues, software problems, attacks, resource usage, client actions, plugin or theme conflicts, payment issues, or events beyond Hosterr’s reasonable control.

Hosterr is not responsible for losses, damages, missed sales, lost leads, lost revenue, reputational harm, or business interruption arising from downtime, degraded performance, errors, maintenance, or third-party failures.

Support

Support availability, response times, channels, and scope may vary depending on your service plan or written agreement. Unless expressly stated in writing, Hosterr does not guarantee immediate response times, emergency availability, or resolution within a specific timeframe.

Support is limited to matters within the scope of your services. Requests outside the scope of your plan may be declined, quoted separately, billed additionally, or scheduled based on availability.

The only approved contact methods for general inquiries are the contact form on the Hosterr website or [email protected].

Content, intellectual property, and ownership

You retain ownership of the content, trademarks, logos, media, data, and materials you provide to Hosterr, subject to any rights granted to Hosterr as necessary to provide the services.

You grant Hosterr a limited license to access, use, copy, modify, display, transmit, store, and process your materials solely as reasonably necessary to provide services, communicate with you, maintain records, and comply with legal obligations.

Hosterr retains all rights in its own business name, branding, website, processes, know-how, documentation, templates, designs, code, tools, workflows, configurations, improvements, and other intellectual property created or owned by Hosterr, unless expressly transferred in a signed written agreement.

You may not copy, reproduce, resell, sublicense, reverse engineer, or exploit Hosterr’s materials, processes, website content, branding, or proprietary work without written permission.

Portfolio and marketing use

Unless you request otherwise in writing, you grant Hosterr permission to identify you or your business as a client and to display your name, logo, website, project description, screenshots, or general description of services provided in Hosterr’s portfolio, marketing materials, website, and proposals.

Hosterr will not intentionally disclose confidential technical details, private credentials, or sensitive business information in public marketing materials.

Confidentiality

Each party may receive non-public information from the other party in connection with the services. Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the services.

Confidential information does not include information that is publicly available, independently developed, lawfully received from another source, already known without restriction, or required to be disclosed by law.

Hosterr may disclose information to employees, contractors, vendors, infrastructure providers, professional advisers, or service providers when reasonably necessary to provide services or operate the business, provided such disclosure is limited to the purpose for which it is needed.

Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the website or services, you acknowledge that you have reviewed the Privacy Policy.

You are responsible for ensuring that your own website, business, forms, analytics, email practices, payment systems, and customer data practices comply with applicable privacy, data protection, consumer protection, and security laws.

Disclaimers

The website and services are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

Hosterr disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free performance, security, accuracy, availability, compatibility, and any warranties arising from course of dealing or usage of trade.

Hosterr does not guarantee that the website or services will meet your expectations, achieve any particular result, prevent all security incidents, eliminate all downtime, fix all issues, or be compatible with all software, plugins, themes, platforms, integrations, devices, browsers, or third-party services.

Limitation of liability

To the fullest extent permitted by law, Hosterr will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost leads, lost data, loss of goodwill, business interruption, reputational harm, or cost of substitute services, even if Hosterr has been advised of the possibility of such damages.

To the fullest extent permitted by law, Hosterr’s total liability for any claim arising out of or relating to the website, services, or these Terms will not exceed the amount you paid to Hosterr for the specific service giving rise to the claim during the three months immediately preceding the event giving rise to liability.

The limitations in this section apply regardless of the legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, and apply even if a limited remedy fails of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Hosterr and its owners, officers, employees, contractors, vendors, agents, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your website, content, data, products, services, customers, business practices, breach of these Terms, violation of law, infringement of third-party rights, misuse of the services, payment disputes, third-party platform issues, or failure to maintain required licenses, permissions, notices, policies, or compliance obligations.

Force majeure

Hosterr will not be liable for delay, failure, interruption, or inability to perform caused by events beyond our reasonable control, including natural disasters, acts of God, internet failures, hosting or infrastructure provider failures, cyberattacks, labor disputes, government actions, power failures, war, terrorism, civil unrest, supply chain disruptions, payment processor issues, third-party outages, or changes in law or platform policies.

Changes to the website or services

Hosterr may modify, improve, suspend, discontinue, replace, or limit any part of the website or services at any time, subject to any separate written agreement then in effect.

Hosterr may update these Terms from time to time. Updated Terms will be posted on this page with an updated effective date. Your continued use of the website or services after updated Terms are posted constitutes acceptance of the updated Terms.

Governing law and disputes

These Terms and any dispute arising out of or relating to the website or services will be governed by the laws of the State of Maine, without regard to conflict of law principles, unless applicable law requires otherwise.

Before filing any legal claim, you agree to first contact Hosterr through the contact form or at [email protected] and attempt to resolve the dispute informally. The parties agree to make a good faith effort to resolve disputes before pursuing formal proceedings.

Any claim must be brought within one year after the claim arises, unless a longer period is required by applicable law. Claims not brought within that period are permanently barred to the fullest extent permitted by law.

Severability

If any part of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be interpreted or replaced to best accomplish the original intent of the provision to the fullest extent permitted by law.

No waiver

Hosterr’s failure to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision later. Any waiver must be in writing and signed by Hosterr.

Assignment

You may not assign or transfer these Terms or your rights or obligations under them without Hosterr’s prior written consent. Hosterr may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, business transfer, restructuring, or by operation of law.

Entire agreement

These Terms, together with any applicable invoice, proposal, statement of work, written service agreement, Privacy Policy, Cookie Policy, Disclaimer, and other policies referenced herein, constitute the entire agreement between you and Hosterr regarding the website and services and supersede prior or contemporaneous understandings on the same subject.

Contact

Questions about these Terms may be sent through the contact form on the Hosterr website or by email at [email protected].

Hosterr LLC, 115 Oak Hill Dr, Oakland, ME 04963.

Hosterr does not provide phone-based legal, billing, or support contact through these Terms.