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Last updated: May 5th, 2023
These terms and conditions ("Terms", "Agreement") are an agreement between Infraly, LLC DBA Hosturly ("Infraly, LLC DBA Hosturly", "Hosturly", "company", "us", "we" or "our") and you ("user", "client", "customer", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the hosturly.com website, other sites we own and operate, and any of its products or services (collectively, "Website", "Products", or "Services").
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website or on any related Service has been modified or updated.
If you create an account on the website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our services. To order any of our services, the account holder needs to be the age of eighteen (18) or older. If under eighteen (18), but thirteen (13) years of age or older, you may order any of our services as long as you have direct permission from a parent or legal guardian. You agree not to bypass any security features that we have installed to uphold this Agreement. Infraly, LLC DBA Hosturly does not assume any responsibility or liability for any misrepresentations regarding a user's age. Infraly, LLC DBA Hosturly assumes all account holders are above the required period or have parental/guardian permission, and the liability will fall upon the consent, necessary holders.
Infraly, LLC DBA Hosturly reserves the right to refuse service to anyone. You must only use our services for lawful purposes and intent, as according to the United States federal and Pennsylvania state law. We do not permit any such use of our services for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is illegal in the United States of America, it is not permitted to reside on our products and services. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal thread, or violates export control laws. Infraly, LLC DBA Hosturly reserves the right to identity any non-acceptable content or links. If you are found to be using our services for illegal activities and/or content, your account will be suspended and/or terminated. By participating in anything owned by Infraly, LLC DBA Hosturly, we may disclose any information assigned to your identity with law enforcement.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Invoices with no verified payment for services after twenty-four (24) hours of the due date will be suspended. Invoices with no verified payment for services after three (3) days of the due date will be terminated. If auto-renewal is enabled for the services you have subscribed for, you will be charged automatically in accordance with the term you selected. You are responsible for all fees owed on the account from the time it was established to the time you notify Infraly, LLC DBA Hosturly to request for termination of all services. An account termination does not forgive debts owed to Infraly, LLC DBA Hosturly and the client is expected to pay these debts as well as any court or collection fees that may be applicable.
Infraly, LLC DBA Hosturly may offer promotional rates or exclusive offers, which may have terms that are more favorable than the terms of service. Users are not permitted to replace a service to gain a promotial discount or offer. Some promotional rates or exclusive offers may not be combined together. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, Discord account, billing address, and/or phone number provided at the time the order was made. We may also contact you regarding account invoices, payments, and other important information via the phone number on the account.
If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with:
4,1) a copy of your valid government-issued photo identification,
4,2) and possibly a copy of a recent bank statement for the credit or debit card used for the purchase
Chargebacks or disputes will result in an instant server suspension and revoke any right to refund. Refund request must be made via a support ticket on our client area. All other requests will be disregarded.
Hosturly offers a twenty-four (24) hour guarantee refund policy. Services are eligible for refund if within the twenty-four (24) hour time period of placing the order and payment is received. If outside twenty-four (24) hour time period, a refund will not be administered. Services that are not possible for refund requests are domains, dedicated servers, colocation, and add-ons, unless an extraordinary circumstance that is subject to Infraly, LLC DBA Hosturly's approval. Infraly, LLC DBA Hosturly will ask the reasoning for the cancellation for feedback purposes to improve our services that we offer. In the event of a Terms of Service or Acceptable Usage Policy violation, all refund requests are automatically void by the client accused of the violation. Additionally, Infraly, LLC DBA Hosturly reserves the right to deny a refund request in the event of an erroneous payment due to the client’s failure to cancel an automated subscription. All refund requests are subject to approval of Infraly, LLC DBA Hosturly's management team.
Services are eligible for full refund that meet the following prerequisites:
5,1) refund is requested within twenty-four (24) hours of the creation of the product;
5,2) refund request is made with legitimate reasoning;
5,3) product or service is not paid using a promotional discount that takes more than 25% off the original price of the service when ordering,
5,4) and product or service is not an upgrade.
Clients are responsible for complying with the policies of Infraly, LLC DBA Hosturly. Failure to do so may result in suspension and/or termination. By using our services, you agree to abstain from the following, but not limited to, actions:
6,1) Denial of Service (DoS) attacks
6,2) Distributed Denial of Service (DDoS) attacks
6,3) cyberbullyng, harrasment, encouraging self-harm
6,4) malware and/or ransomware
6,5) child/adult pornography
6,6) software piracy
6,7) identity theft
6,8) spam servers
6,9) IP spoofing
6,10) phishing
6,11) bypassing usage limits such as bandwidth, RAM, CPU, and I/O
6,12) any action or content deemed illegal in the United States
Abuse reports must be opened via our client area. Clients have twenty-four (24) hours to respond to an abuse report ticket with a solution and explanation of the documented abuse. Clients that fail to respond to an abuse report within twenty-four (24) hours may be subject to suspension of their service until the abuse report is solved. If the abuse is not resolved, Infraly, LLC DBA Hosturly reserves the right to termination, and banishment from Infraly, LLC DBA Hosturly's network.
Infraly, LLC DBA Hosturly strives to create all services in stock immediately after payment is received and processed, but this is not always possible due to factors out of our control. Some include: client passwords not meeting the sufficient requires, clients not completing the order form correctly, and payment not being verified resulting in it not being accepted by our system. We do promise to install all operating systems selected when ordering a service free of charge, but cannot guarantee installation of other operating systems requested.
Please refer to the Infraly, LLC DBA Hosturly Service Level Agreement for all downtime policies.
Infraly, LLC DBA Hosturly strives to support for all services offered. However, Infraly, LLC DBA Hosturly provides unmanaged support unless otherwise stated. We reserve the right to offer semi-managed and/or managed support to selective clients. Our unmanaged support means that we will not performa daily tasks like installing servers, setting up software, etc. We will however provide assistance with technical errors and any issues caused by our services. Technical errors and issues caused by our services are completely up to our descretion. We reserve the right to deny support to any client.
All colocation clients are subject to ensuring that all invoices are paid until they are able to request for equipment to be returned in the event of a cancellation. Remote hands are offered to customers and billed directly from the datacenter. The standard rate for remote hands is $240 per hour, billed in 15-minute increments ($60 per 15 minutes). Infraly, LLC DBA Hosturly reserves the right to alter the remote hands fee based on the action requested.
In the event of cancellation, clients will be charged a de-racking and shipping fee of $240 per hour, billed in 15-minute increments ($60 per 15 minutes). Packaging materials will be provided if requested, but are subject to availability. Clients have the option of providing a shipping label to be used, or the company will provide a shipping label and add the cost to the de-racking fee. In the event a colocation service is cancelled or terminated, the client agrees to immediately vacate all client equipment from the assigned colocation space. Clients must pay any remote hands fees, listed above, associated with the removal of their equipment. If a client does not remove his or her equipment within 30 days of service termination, the equipment will be considered abandoned. As a result, Infraly, LLC DBA Hosturly reserves the right to immediately remove, discard, and/or liquidate any abandoned equipment. The client bears the responsibility for any costs associated with removal, disposal, and/or liquidation of abandoned equipment. Any proceeds from potential liquidation will be applied to the client's outstanding account balance. Infraly, LLC DBA Hosturly is not responsible for any damage caused while the client's hardware is housed at our data center or while shipping.
All domain clients are responsible for abiding by the domain name registration agreement presented when ordering on the client area. If a domain client has also ordered the ID protection, they are responsible for abiding by the domain name proxy agreement. Domain clients are also responsible for upkeeping payments, as well as grace period and redemption period fees. Domain users have a grace period of twelve (12) days and a $10.00 fee. Domain users have a redemption period of thirty (30) days and a $100.00 fee.
All clients are responsible for providing legitimate/legal licenses for services installed on Infraly, LLC DBA Hosturly's network. We specifically do not offer Windows licenses, which requires the client to bring their own license. Infraly, LLC DBA Hosturly is not responsible for providing any licenses. All clients are responsible for software installed that requires a license.
We are not responsible for Content residing on the website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
While we offer unlimited/unmetered bandwidth and storage to our customers we reserve the right to remove excessive file(s) such as large logs, redundant backups, or other files that may impact the node or limit bandwidth traffic to a specific user if unusual spikes in network activity lead to a negative impact on other users operating on a Infraly, LLC DBA Hosturly service. We also may apply a soft limit to your plan due to software contraints, however limits may be raised at anytime via support. In the event of a bandwidth limit is reached, the client agrees to pay a charge of exactly $10.00 per terabyte (TB) of usage beyond the present monthly bandwidth limit, or the service will be suspended until the next payment period.
Infraly, LLC DBA Hosturly shall maintain ownership and control of all IPv4/IPv6 addresses assigned to you. We reserve, with sole discretion, the right to change, remove, or banish any IP addresses from your use.
Clients that wish to cancel a service must do so by submitting a cancellation request via our client area. When a cancellation request is processed, all services associated with the cancellation request are deleted and are not recoverable.
Additionally, we reserve all rights to terminate your server or service upon any violation of these terms, or any other basis if deemed needed. If we find your server using any sort of system to bypass limits put on your server, your server is subject to being terminated without refund. Services which have been suspended for non-payment will be terminated 3 days after the first invoice was due. Infraly, LLC DBA Hosturly is not able to restore any data once a cancellation request has been processed or the service has been terminated.
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Infraly, LLC DBA Hosturly with respect to such other services.
Infraly, LLC DBA Hosturly is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Infraly, LLC DBA Hosturly to disclose your data as necessary to facilitate the use or enablement of such other service.
Although this website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the website may be "affiliate links". This means if you click on the link and purchase an item, Infraly, LLC DBA Hosturly will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this website. Your linking to any other off-site websites is at your own risk.
This Agreement does not transfer to you any intellectual property owned by Infraly, LLC DBA Hosturly or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Infraly, LLC DBA Hosturly. All trademarks, service marks, graphics and logos used in connection with our website or services, are trademarks or registered trademarks of Infraly, LLC DBA Hosturly or Infraly, LLC DBA Hosturly licensors. Other trademarks, service marks, graphics and logos used in connection with our website or services may be the trademarks of other third-parties. Your use of our websites and services grants you no right or license to reproduce or otherwise use any Infraly, LLC DBA Hosturly or third-party trademarks. By using our services, you must not infringe, violate, dilute, or misappropriate any material subject to protection under the United States or other copyright laws, or laws protecting tradermarks, trade secrets and proprietary information. You may only do so when explicitly permitted by the owner of such rights.
To the fullest extent permitted by applicable law, in no event will Infraly, LLC DBA Hosturly, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Infraly, LLC DBA Hosturly has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Infraly, LLC DBA Hosturly and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Infraly, LLC DBA Hosturly for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose. Infraly, LLC DBA Hosturly will not be held liable for the actions of the client/user. Infraly, LLC DBA Hosturly will not be responsible for delays or failure in performance caused by acts of God, war, terrorism, strike, labour dispute, work stoppage, fire, an action of government, or any other cause, whether similar or dissimilar, beyond our control. Infraly, LLC DBA Hosturly is not responsible for any damages occurred by the client. Infraly, LLC DBA Hosturly is not responsible for any negligence or illegal acts by the client.
You agree to indemnify and hold Infraly, LLC DBA Hosturly and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, copyright infringements, any defective products sold to a client from Infraly, LLC DBA Hosturly's products and services, or demands asserted against any of them as a result of or relating to your content, your use of the websites or services or any willful misconduct on your part.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Pennsylvania, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Pennsylvania, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its policies relating to the website or services at any time, effective upon posting of an updated version of this Agreement on the website. When we do, we will post a notification on the main page of our website. Continued use of the website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the website or its services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the website and its services.
If you would like to contact us to understand more about this agreement or wish to contact us concerning any matter relating to individual rights and your personal information, you may email management at management@hosturly.com
Signed, William McGlynnFounder and President of Infraly, LLC DBA Hosturly
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