Terms of Service

These Terms of Service (the “Terms”) are an agreement between you and HYPERHOSTGATE LLC (“HYPERHOSTGATE,” “we,” “us,” or “our”). They govern your use of hyperhostgate.com, related websites, and any hosting, network, support, or related service identified in an order form, checkout confirmation, or other written order that we accept (an “Order”).

You must be at least 18 years old and legally able to enter a contract. If you use a Service for an organization, you represent that you have authority to bind it. If you do not agree to these Terms, do not use the Services.

We provide web-hosting and related infrastructure services described in an accepted Order. Website descriptions and performance figures are general information, not a guarantee for every workload or location. Actual results depend on configuration, traffic, customer code, network conditions, and third-party systems.

Each Order should identify the selected service, fees, billing period, included resources, initial term, renewal treatment, and service-specific conditions. If an Order expressly conflicts with these Terms, the Order controls for that conflict. An Order is accepted when we confirm acceptance in writing or activate the paid Service, whichever happens first.

Estimates for migration, setup, provisioning, latency, capacity, or launch timing are estimates unless the accepted Order expressly makes one a binding commitment.

Where an account is provided, you must supply accurate and current information, protect credentials and access keys, use multi-factor authentication when available, and restrict access to authorized personnel. You are responsible for activity performed through your account except to the extent caused by our breach of these Terms.

Notify us promptly of suspected unauthorized access. We may require reasonable identity or authority verification before changing account ownership, billing details, DNS, or access controls.

As between you and HYPERHOSTGATE, you retain your rights in content, applications, databases, configuration, and other material you place on the Services (“Customer Content”). You grant us and our service providers a non-exclusive, worldwide license to process Customer Content only as reasonably necessary to provide, secure, maintain, support, and improve the Services, comply with law, and enforce these Terms.

You are responsible for ensuring that Customer Content and your instructions are lawful and that you have all required rights and notices. Unless an Order includes a managed backup or recovery service, you must maintain an independent, tested backup. Snapshots or redundancy are not a substitute for your own backup.

For personal data in Customer Content, the customer generally determines the purposes and means of processing and HYPERHOSTGATE acts on documented instructions, subject to a data processing addendum where required. For account, billing, security, and direct communications data, our role is described in the Privacy Notice.

You must pay the fees, taxes, usage charges, and other amounts shown in an accepted Order. Unless stated otherwise, fees are in U.S. dollars and billed in advance. We may suspend an unpaid Service after reasonable notice, except where immediate action is necessary to prevent fraud or material harm.

A subscription renews only if the Order clearly says it renews. The Order will state the renewal period and how to cancel. We will disclose material price changes before they apply to a future renewal. You remain responsible for charges incurred before cancellation becomes effective.

The Billing, Cancellation & Refund Policyexplains cancellation timing, any refund term expressly included in an accepted Order, withdrawal rights that cannot legally be waived, and the refund request process. A chargeback is not a substitute for first contacting us about a billing problem.

You and your end users must follow our Acceptable Use Policy. Prohibited conduct includes unlawful content, phishing, malware, spam, abusive scanning, unauthorized access, denial-of-service activity, rights infringement, and attempts to evade resource or security controls.

“Unmetered” or similar descriptions do not mean unlimited capacity or permission to impair a shared service. Reasonable technical and fair-use limits may apply as stated in the plan, Order, or Acceptable Use Policy.

Services may be unavailable because of maintenance, emergencies, abuse mitigation, customer configuration, upstream networks, or events outside reasonable control. We may modify a Service to improve security, performance, or legal compliance, while avoiding material reduction of paid core functionality during a current term where reasonably possible.

Our Service Level Policy explains how availability commitments work. Website labels, animations, latency examples, and illustrative telemetry are not live monitoring and do not create an SLA. Support channels and response targets are those stated in the applicable Order.

A Service may interoperate with third-party networks, software, domain registries, certificate authorities, payment providers, or customer-selected integrations. Their availability and terms are outside our direct control. You authorize us to share the minimum information reasonably needed to provide a requested integration.

If an Order includes domain registration or transfer, registry and registrar rules also apply. You are responsible for accurate registrant information and timely renewal. We do not guarantee that a requested domain, address, or identifier remains available until registration is confirmed.

HYPERHOSTGATE and its licensors retain all rights in the Services, website, software, documentation, designs, and marks, excluding Customer Content. During a paid term, we grant you a limited, non-exclusive, non-transferable right to use the Service as permitted by the Order and these Terms.

You may not reverse engineer, copy, resell, or circumvent technical restrictions except where law expressly permits it or we agree in writing. If you voluntarily provide feedback, we may use it without restriction or payment, but we will not identify you publicly without permission.

Either party may terminate as stated in an Order. We may suspend or terminate affected Services for material breach, nonpayment, unlawful activity, credible security risk, or conduct covered by the Acceptable Use Policy. When circumstances permit, we will limit action to the affected Service and provide notice and a reasonable opportunity to cure.

After termination, your access ends. Before cancellation you should export Customer Content. Any post-termination retrieval period must be stated in the Order or support confirmation; we do not promise indefinite retention. We may retain limited records where required for legal, tax, fraud-prevention, dispute, or security purposes.

We will provide paid Services with reasonable care and skill. Except for an express warranty in an Order and to the maximum extent allowed by law, the Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

Nothing in these Terms excludes a warranty, remedy, or statutory right that applicable law does not allow the parties to exclude. You are responsible for determining whether a Service suits your workload, regulatory duties, resilience needs, and risk tolerance.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, arising from the Services, even if advised that such loss was possible.

To the maximum extent permitted by law, each party’s aggregate liability arising from a Service will not exceed the fees paid or payable for the affected Service during the 12 months before the event giving rise to the claim. This limit does not apply to payment obligations, fraud, willful misconduct, infringement or misappropriation of the other party’s intellectual property, breach of confidentiality, indemnity obligations, or liability that cannot legally be limited. An Order may set a different negotiated cap.

To the extent permitted by law, you will defend and indemnify HYPERHOSTGATE and its personnel against a third-party claim arising from Customer Content, your violation of the Acceptable Use Policy, your violation of law, or your infringement of another person’s rights. We will provide prompt notice, reasonable cooperation at your expense, and control of the defense, provided that a settlement may not admit our fault or impose non-monetary obligations on us without consent.

Before filing a claim, each party will give the other a written description of the dispute and allow 30 days for good-faith informal resolution, unless urgent injunctive relief is reasonably necessary.

These Terms are governed by Wyoming law, without regard to conflict-of-law rules. Subject to mandatory law, the state and federal courts serving Sheridan County, Wyoming have exclusive jurisdiction. If you are a consumer, this clause does not deprive you of mandatory protections or the right to bring a claim in a forum that applicable law requires.

We may update these Terms for legal, security, operational, or service changes. We will post the new version and update its date. For a material change affecting a current paid term, we will provide advance notice when reasonably possible, and the change will apply prospectively. Continued use after the effective date constitutes acceptance only to the extent permitted by law.

These Terms, the accepted Order, and incorporated policies are the entire agreement for the Service. If one provision is unenforceable, the remainder stays effective. A waiver must be in writing. You may not assign an Order without our consent; we may assign it in connection with a merger, reorganization, or sale of substantially all relevant assets, subject to applicable law. The parties are independent contractors. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations.