TERMS AND CONDITIONS
Effective Date: May 10, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING, REGISTERING FOR, OR USING THE SERVICES PROVIDED BY HostifyX, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICES.
This agreement (“Agreement” or “Terms”) is a legally binding contract between you, the user (“User,” “you,” or “your”), and HostifyX (“HostifyX,” “we,” “us,” or “our”), a company providing server rental, cloud server solutions, VPS hosting, website hosting, and related services (collectively, the “Services”).
1. Acceptance of Terms and Enforceability
1.1. By creating an account, ordering Services, using the Services, or by continuing to access or use our website or Services after being notified of a change to these Terms or the Services, you represent that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy (AUP), and any other applicable policies or agreements referenced herein, all ofwhich are incorporated by reference into this Agreement.
1.2. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “User,” “you,” and “your” refer to that Organization.
1.3. We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the revised Terms on our website and/or by sending an email to the address associated with your account. Your continued use of the Services after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.
2. Definitions
2.1. “Services” refers to server rental, cloud servers, VPS hosting, website hosting, domain name registration, technical support, and any other products or services offered by HostifyX.
2.2. “User Content” means any data, information, text, graphics, software, code, scripts, audiovisual content, or other materials uploaded, posted, stored, processed, transmitted, or displayed by you or your end-users through or in connection with the Services.
2.3. “Acceptable Use Policy” (AUP) refers to the policy outlining prohibited uses of our Services, as updated from time to time and incorporated herein by reference. A current version of the AUP is available on our website [Link to AUP – You need to create this separately].
2.4. “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
3. License to Use Services
3.1. Subject to your compliance with these Terms and payment of any applicable fees, HostifyX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes or personal use, strictly in accordance with these Terms and the AUP.
3.2. This license does not include any right to resell or commercially exploit the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
4. User Accounts and Responsibilities
4.1. Account Creation: You must provide accurate, current, and complete information during the registration process and keep your account information updated.
4.2. Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials (including passwords and API keys) and for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify HostifyX of any unauthorized use of your account or any other breach of security. HostifyX will not be liable for any loss or damage arising from your failure to comply with this section.
4.3. User Conduct: You are solely responsible for your conduct and for any User Content you store, process, or transmit through the Services. You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.
4.4. Backups: You are solely responsible for creating and maintaining backups of your User Content. HostifyX is not responsible for any loss or corruption of User Content. While HostifyX may offer backup services, these are provided “as-is” and without warranty, and do not absolve you of your responsibility to maintain your own independent backups.
5. Acceptable Use Policy (AUP)
5.1. Your use of the Services is subject to our Acceptable Use Policy, which is incorporated herein by reference and available on our website [Link to AUP]. You agree to comply strictly with the AUP.
5.2. Prohibited activities include, but are not limited to: a. Engaging in any illegal activities or activities that promote illegal acts, including but not limited to child pornography, terrorism, phishing, fraud, or infringement of third-party rights. b. Transmitting, distributing, or storing material that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable. c. Violating, or facilitating the violation of, the Intellectual Property Rights of HostifyX or any third party. d. Distributing malware, viruses, worms, Trojan horses, or other harmful or destructive content. e. Sending unsolicited commercial email (spam) or engaging in activities that facilitate spamming. f. Engaging in activities that disrupt or interfere with the Services, our network, or the networks or services of others, including denial-of-service (DoS) attacks, unauthorized network scanning, or attempts to gain unauthorized access to any system or network. g. Excessive consumption of server resources (CPU, memory, disk space, bandwidth) that negatively impacts other users or the stability of our systems. HostifyX reserves the right to determine what constitutes excessive consumption.
5.3. User Responsibility: You are solely responsible for all User Content and all activities conducted through your account and your use of the Services. You agree that HostifyX has no responsibility or liability for User Content or your actions. You are responsible for ensuring that your User Content and use of the Services comply with all applicable laws and regulations, these Terms, and the AUP. HostifyX is not responsible for any User Content or for the actions of its Users.
5.4. Consequences of Violation: Any violation of the AUP or these Terms may result in immediate suspension or termination of your Services without notice or refund, and may also subject you to civil or criminal liability. HostifyX reserves the right to investigate suspected violations and to cooperate with law enforcement authorities in prosecuting Users who violate the AUP or any applicable laws. You agree to bear all costs associated with any investigation or remediation of AUP violations originating from your account.
6. User Content
6.1. Ownership: You retain all right, title, and interest in and to your User Content. You grant HostifyX a worldwide, non-exclusive, royalty-free, sublicensable license to access, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content solely to the extent necessary to provide, maintain, secure, and improve the Services and as otherwise permitted by these Terms and our Privacy Policy.
6.2. Responsibility for User Content: You represent and warrant that: (a) you own or have all necessary licenses, rights, consents, and permissions to use and to authorize HostifyX to use your User Content as described herein; (b. your User Content and HostifyX’s use of your User Content as contemplated by these Terms will not infringe, misappropriate, or violate any third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.3. Content Removal: HostifyX does not pre-screen User Content but reserves the right (though not the obligation) in its sole discretion to refuse, remove, or disable access to any User Content that is available via the Services if it believes such User Content violates these Terms, the AUP, or any applicable law, or is otherwise harmful or objectionable. HostifyX is not responsible for any failure or delay in removing such content.
7. Fees and Payment
7.1. Fees: You agree to pay all applicable fees for the Services as specified on our website or in your service agreement. Fees are non-refundable except as expressly provided in these Terms or as required by law.
7.2. Billing: Services are billed in advance on a recurring basis (e.g., monthly, annually) unless otherwise specified. You authorize HostifyX to charge your chosen payment method for all applicable fees.
7.3. Late Payments: If any fees are not paid by the due date, HostifyX may, without prejudice to any other rights or remedies, suspend or terminate your access to the Services and/or charge late payment fees or interest as permitted by law.
7.4. Taxes: All fees are exclusive of applicable taxes (e.g., Goods and Services Tax – GST), duties, or levies, which you are responsible for paying.
7.5. Price Changes: HostifyX reserves the right to change its fees at any time. We will provide you with reasonable prior notice of any fee changes.
8. Intellectual Property Rights
8.1. HostifyX’s IP: All Intellectual Property Rights in and to the Services, our website, our trademarks, logos, software, documentation, and any content provided by HostifyX (excluding User Content) are and will remain the exclusive property of HostifyX or its licensors. You agree not to copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
8.2. User’s IP: As stated in Section 6, you retain ownership of your User Content.
8.3. Feedback: If you provide HostifyX with any suggestions, ideas, feedback, or recommendations regarding the Services (“Feedback”), HostifyX will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
9. Term and Termination
9.1. Term: This Agreement will commence on the date you accept these Terms and will continue until terminated by either party as set forth herein.
9.2. Termination by User: You may terminate this Agreement and your account at any time by following the cancellation procedures on our website or by contacting customer support, subject to any minimum term commitments or cancellation fees specified in your service plan.
9.3. Termination or Suspension by HostifyX: HostifyX may, in its sole discretion, suspend or terminate your access to all or any part of the Services, with or without notice, for any reason, including, but not limited to: a. Breach of these Terms or the AUP. b. Non-payment of fees. c. If your use of the Services poses a security risk to HostifyX, other users, or third parties. d. If required by law or a governmental or regulatory body. e. If you engage in any fraudulent, abusive, or illegal activity. f. If HostifyX ceases to offer the Services.
9.4. Effect of Termination: Upon termination: (a) all rights and licenses granted to you under this Agreement will immediately cease; (b) you must immediately cease all use of the Services; (c) you must pay any outstanding fees owed to HostifyX; (d) HostifyX may, in its sole discretion, delete your User Content. HostifyX will not be liable to you or any third party for any termination of your access to the Services or deletion of your User Content. Sections concerning User Responsibilities, AUP, User Content, Fees (for amounts due), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions shall survive termination.
9.5. No Refunds: Unless otherwise expressly stated or required by law, no refunds will be provided for any unused portion of the Services upon termination for cause by HostifyX or termination by User before the end of a billing cycle.
10. Disclaimer of WarrantIES
10.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
10.2. HostifyX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. HostifyX DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
10.3. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL THROUGH THE SERVICES.
10.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HostifyX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitation of Liability
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HostifyX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HostifyX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: a. THE USE OR THE INABILITY TO USE THE SERVICES; b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; e. ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY; f. ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN; OR g. ANY OTHER MATTER RELATING TO THE SERVICES.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HostifyX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO HostifyX FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
11.3. Basis of the Bargain; Reasonableness under UCTA: YOU ACKNOWLEDGE AND AGREE THAT HostifyX HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HostifyX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HostifyX. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE INTENDED TO BE FAIR AND REASONABLE UNDER THE UNFAIR CONTRACT TERMS ACT (CAP. 396) OF SINGAPORE.
11.4. User’s Sole Responsibility: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, YOUR USER CONTENT, AND ANY CONSEQUENCES ARISING THEREFROM. HostifyX SHALL BEAR NO LIABILITY FOR ANY ACTIONS, CONTENT, OR OMISSIONS BY YOU OR YOUR END-USERS. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS AND REGULATIONS.
12. Indemnification
12.1. You agree to defend, indemnify, and hold harmless HostifyX, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from or related to: a. Your use of and access to the Services; b. Your violation of any term of this Agreement, including the AUP or Privacy Policy; c. Your violation of any third-party right, including without limitation any Intellectual Property Right, property, or privacy right; d. Any claim that your User Content caused damage to a third party; e. Your violation of any applicable law, rule, or regulation; or f. Any conduct, activity, or action by you or anyone using your account that is negligent, fraudulent, or constitutes willful misconduct.
12.2. This indemnification obligation will survive the termination of this Agreement and your use of the Services. HostifyX reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims
13. Governing Law and Jurisdiction
13.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore.
13.2. You agree that the courts of the Republic of Singapore shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
14. Amendments
14.1. HostifyX reserves the right to amend these Terms at any time. We will provide notice of any material amendments by posting the updated Terms on our website and/or by sending an email to the address associated with your account. Your continued use of the Services following such notification constitutes your acceptance of the amended Terms.
15. General Provisions
15.1. Entire Agreement: This Agreement, together with the Privacy Policy, AUP, and any other policies or agreements expressly incorporated by reference, constitutes the entire agreement between you and HostifyX concerning your use of the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
15.2. Severability: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
15.3. Waiver: No failure or delay by HostifyX in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
15.4. Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of HostifyX. HostifyX may assign or transfer its rights and obligations under this Agreement without restriction and without notice to you.
15.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HostifyX (i) via email (to the address that you provide or associate with your account) or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
15.6. Force Majeure: HostifyX shall not be liable for any failure or delay in performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or failures of public or private telecommunications networks.
15.7. Relationship of Parties: Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorize any party to make or enter into any commitments for or on behalf of any other party. 15.8. Third-Party Rights: A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce any term of this Agreement.
16. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
HostifyX
8 HOUGANG STREET 92 #08-02 REGENTVILLE SINGAPORE (538686)
Email: [email protected]