Terms of Service

1.Definitions

"Service" means any hosting, domain registration, or related service provided by ModHost.

"Account" means the customer record created when you register with ModHost, including credentials and billing information.

"Customer Data" means any data you upload to, generate within, or transmit through the Service, including website files, databases, email, and any data your visitors provide to your hosted website.

"Plan" means the specific service tier you have purchased, including its features, resource quotas, and pricing.

"Term" means the period during which a Service is active and paid for, on either a monthly or annual basis.

2.Account registration and security

To use the Service, you must register an account by providing accurate, current, and complete information.

You must be at least 18 years old to register an account. If you are registering on behalf of a business, you must have the authority to do so.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at support@modhost.com if you suspect unauthorized access.

We may require verification of your identity, business registration, or payment method before activating or continuing certain services.

3.Description of services

ModHost provides managed hosting services for WordPress websites and related services, including:

• Website hosting on shared and managed plans
• Domain registration through our registrar partner
• Backups, security tools, and software updates
• Email hosting
• Migration assistance
• Technical support within the scope described on our website

The specific features included in your service are determined by the Plan you have purchased. Plans, features, and resource quotas are described on our pricing pages and may be updated from time to time.

ModHost relies on third-party software and infrastructure (including but not limited to cPanel, CloudLinux, LiteSpeed, and the WordPress software) to deliver the Service. Your use of those components, where applicable, is subject to their respective licenses and terms in addition to these Terms.

4.Legacy plans

Customers on plans that ModHost no longer offers to new customers retain the terms, features, and pricing that applied at the time of their original purchase, subject to these Terms generally. References in our public-facing materials to current plans, features, or pricing do not modify legacy plans.

5.Fees, billing, and payment

Fees. You agree to pay the fees applicable to your Plan, as listed on our pricing pages or as set out in your invoice. All fees are in US dollars unless stated otherwise. Taxes and other charges may apply depending on your jurisdiction.

Billing cycles. Services are billed on a monthly or annual basis, depending on the Plan and billing cycle you select. Payment is due in advance for each billing cycle.

Payment methods. Payments are processed by our payment provider (currently PayPal, with additional providers added over time as described in our Privacy Policy). Payment card details are submitted directly to the payment provider and are not stored by ModHost.

Billing mode. When ordering, you may select either automatic renewal (recurring charges to your saved payment method) or manual renewal (we send an invoice and you pay it each cycle). You may switch between modes at any time in your customer area.

Renewal notifications. We send renewal reminder emails 14 days before each hosting renewal, and 45, 7, and 1 days before each domain renewal.

Failed payments. If a payment fails, we will retry and notify you. If payment is not received within a reasonable period after the due date, the affected Service may be suspended and ultimately terminated. Reactivation after suspension may require payment of any outstanding balance.

Fee changes. We may change the fees for new orders or future renewals. Existing Customers will be notified by email at least 30 days before any fee change affecting their Service takes effect. If you do not accept the new fee, you may cancel before the change takes effect.

Refunds. Refunds are governed by our Refund Policy at modhost.com/refund-policy.

6.Renewals and cancellation

Services renew at the end of each Term until cancelled. Cancellation is available at any time from your customer area or by emailing support@modhost.com.

Cancellation takes effect at the end of the current paid Term unless you specifically request immediate termination. You retain access to the Service through the end of the paid Term.

Cancellation does not by itself entitle you to a refund. Refund eligibility is determined by the Refund Policy.

7.Customer responsibilities

In addition to compliance with the Acceptable Use Policy, you are responsible for:

Your content. You are solely responsible for the content of your hosted websites, emails, files, and any other Customer Data. You represent that you have all necessary rights to the Customer Data and that it does not infringe the rights of any third party.

Software you install. You are responsible for the security and operation of any software you install or run on your Service, including WordPress core, plugins, themes, and any custom code. ModHost provides automated update tools but does not guarantee that all third-party software will function correctly or remain free of vulnerabilities.

Account security. You are responsible for maintaining strong, unique passwords, enabling two-factor authentication where available, and taking other reasonable security precautions.

Maintaining your own backups. ModHost provides automated backup services as part of the Service. However, you are also responsible for maintaining your own copies of any Customer Data critical to your operations. Backups provided by ModHost are intended as a recovery aid, not as a substitute for your own backup practices.

Lawful use. You agree to use the Service only in compliance with applicable laws, these Terms, and the AUP.

8.Acceptable use

Your use of the Service is governed by our Acceptable Use Policy at modhost.com/aup, which is incorporated by reference into these Terms. Violation of the AUP may result in suspension or termination as described in the AUP and in Section 13 below.

9.Privacy and data processing

Our handling of your personal data is described in our Privacy Policy at modhost.com/privacy.

Where you use ModHost to process personal data of others (for example, your website visitors), our role as data processor is governed by our Data Processing Addendum at modhost.com/dpa, which is incorporated by reference into these Terms.

10.Customer Data ownership and access

You retain all rights, title, and interest in your Customer Data. ModHost claims no ownership of Customer Data.

You grant ModHost a limited license to host, store, transmit, and back up Customer Data solely as necessary to provide the Service.

ModHost will not access Customer Data except as necessary to provide, maintain, secure, or troubleshoot the Service, to investigate suspected violations of these Terms or the AUP, or as required by law.

11.Service commitments

ModHost's targets and practices regarding service availability, performance, and support are described at modhost.com/service-commitments. Those commitments form part of these Terms but are framed as targets rather than contractual guarantees, except where specifically stated.

12.Migration assistance

ModHost offers migration assistance to new Customers at no additional charge, subject to reasonable scope. Migration assistance is provided on a best-effort basis. Complex migrations involving multiple sites, custom configurations, or third-party services may take longer or may not be feasible in all cases. We will inform you in advance if a migration falls outside what we can assist with.

13.Suspension and termination

Termination by you. You may cancel the Service at any time as described in Section 6.

Termination for cause by ModHost. We may suspend or terminate your Service immediately, with or without notice, if:

• You materially breach these Terms or the AUP
• You fail to pay fees when due
• Your use of the Service creates a risk of harm to ModHost, other Customers, or third parties
• You become insolvent, file for bankruptcy, or cease to operate
• We are required to do so by law or by a competent authority

Termination for convenience by ModHost. We may terminate Service for any non-discriminatory reason on 60 days' written notice to you. In such cases, we will refund any prepaid fees for service periods after the termination date.

Effect of termination. Upon termination, your right to use the Service ends immediately. We may delete Customer Data after a reasonable retention period as described in the Privacy Policy. We recommend you download or migrate your data before termination takes effect.

14.Right to refuse service

ModHost reserves the right to refuse, decline, or terminate Service to any person or entity for any lawful, non-discriminatory reason. This includes, without limitation, situations in which providing Service would create undue risk, conflict with our operational capacity, or be inconsistent with our policies.

15.Intellectual property

ModHost's IP. ModHost and its licensors own all rights to the ModHost website, software, branding, and documentation, except for Customer Data. Nothing in these Terms transfers ownership of ModHost intellectual property to you.

Your IP. You retain all rights to your Customer Data and your own intellectual property. The license you grant ModHost in Section 10 is limited to what is necessary to provide the Service.

Feedback. If you provide feedback or suggestions about the Service, ModHost may use that feedback without obligation or compensation to you.

16.Disclaimers and warranties

Service provided "as is." Except as expressly stated in these Terms or the Service Commitments, the Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory.

Specific disclaimers. ModHost does not warrant that:

• The Service will be uninterrupted, error-free, or completely secure
• Defects will be corrected within any specific time
• The Service will meet your specific requirements
• Any information obtained through the Service will be accurate or reliable

Third-party software and services. ModHost makes no warranty regarding any third-party software or services that you may use with the Service, including but not limited to WordPress, plugins, themes, or external integrations.

Statutory rights. Some jurisdictions do not allow the exclusion of certain warranties. To the extent that any such exclusion is not permitted, the relevant warranty is limited to the minimum scope and duration permitted by applicable law.

17.Limitation of liability

Cap on liability. To the maximum extent permitted by applicable law, ModHost's total liability to you for any claim arising out of or relating to these Terms or the Service is limited to the amount you paid to ModHost for the affected Service in the twelve (12) months preceding the event giving rise to the claim.

Exclusion of certain damages. To the maximum extent permitted by applicable law, ModHost will not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or loss of goodwill, whether or not ModHost has been advised of the possibility of such damages.

Statutory rights. Some jurisdictions do not allow the limitation of liability for certain types of damages. To the extent that any such limitation is not permitted, ModHost's liability is limited to the minimum scope permitted by applicable law.

This limitation does not exclude liability for fraud, willful misconduct, or any other liability that cannot be excluded under applicable law.

18.Indemnification

You agree to indemnify, defend, and hold harmless ModHost and its principals from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your Customer Data or the operation of any website or service you host with ModHost
• Your violation of these Terms, the AUP, or any applicable law
• Your infringement of any third-party right, including intellectual property and privacy rights
• Any claim by your end users relating to your use of the Service

ModHost will notify you promptly of any claim subject to indemnification and will reasonably cooperate with your defense.

19.Governing law and dispute resolution

Governing law. These Terms are governed by the laws of Georgia, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first. Before initiating any formal proceeding, you agree to contact us at support@modhost.com and attempt in good faith to resolve the dispute. We aim to respond to such notices within 5 business days and resolve them within 30 days where possible.

Arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be finally settled by arbitration under the UNCITRAL Arbitration Rules, administered by the Georgian International Arbitration Centre (GIAC) in Tbilisi, Georgia. The number of arbitrators shall be one. The language of the arbitration shall be English.

Small-claims carve-out. Notwithstanding the arbitration clause above, you may bring a claim against ModHost in the small-claims court of your place of residence, provided that the claim falls within that court's jurisdictional limits.

Equitable relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, without first proceeding to arbitration.

20.Class action waiver

To the maximum extent permitted by applicable law, you and ModHost agree that any dispute will be resolved on an individual basis and not as part of any class, consolidated, or representative action. You and ModHost waive the right to participate in any class action or class-wide arbitration.

If a court of competent jurisdiction finds this class action waiver to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed from the arbitration agreement and brought in a court of competent jurisdiction.

21.Force majeure

Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, sanctions, sustained internet outages, power outages, or pandemics. The affected party will use reasonable efforts to resume performance as soon as practicable.

22.Notices

Notices to you. ModHost may give notice by email to the address associated with your Account, by posting in your customer area, or by publishing on modhost.com. Notices are deemed delivered when sent.

Notices to ModHost. You may give formal notice to ModHost by email to support@modhost.com.

Notices are deemed delivered when received.

23.Modifications to these Terms

ModHost may modify these Terms from time to time. Material changes will be communicated to active Customers by email at least 30 days before they take effect. Non-material changes (such as clarifications, formatting, or contact details) take effect when published.

If you do not accept a modification, you must cancel your Service before the modification takes effect. Continued use of the Service after the effective date of a modification constitutes acceptance of the modified Terms.

24.Non-exclusive relationship

The relationship between you and ModHost is non-exclusive. You may use other hosting providers, registrars, or service providers concurrently with the Service. ModHost may provide services to other customers, including those operating in similar fields to your own.

25.Assignment

You may not assign or transfer these Terms or your Account without ModHost's prior written consent. Any attempted assignment without consent is void.

ModHost may assign these Terms in connection with a merger, acquisition, sale of assets, or other corporate transaction, with notice to you.

26.Entire agreement, severability, and waiver

Entire agreement. These Terms, together with the AUP, Refund Policy, Privacy Policy, DPA, and Service Commitments, constitute the entire agreement between you and ModHost regarding the Service and supersede any prior agreements or understandings.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent.

No waiver. A failure by ModHost to enforce any provision of these Terms is not a waiver of that provision or any other.

No third-party beneficiaries. These Terms do not create any rights in favor of any third party.

Survival. Provisions that by their nature should survive termination — including those relating to fees owed, intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — survive termination of these Terms.

27.Contact

For questions about these Terms or your account:

support@modhost.com