Web Hosting Terms of Service

Last Updated: December 21, 2022 

  1. Subject to Universal Terms of Service: The following WEB HOSTING TERMS OF SERVICE (“Web Hosting ToS”) supplement and are subject to InMotion Hosting, Inc.’s (“Company”) Universal Terms of Service (“UToS”) which are located here, which are incorporated herein by this reference. Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the UToS. In the event of a conflict between these Web Hosting ToS and the UToS, these Web Hosting ToS shall control.
  1. Products. Company offers Customers web hosting plans in which Customer Content will be placed, as determined in Company’s sole discretion, within one or more of Company’s servers (collectively, “Web Hosting Products”).
  1. Signup, Fees and Auto-Renewal. To implement a Web Hosting Product, Customer must sign up and pay, at the then current Web Hosting Product fee (“Web Hosting Product Fee”), for the applicable Web Hosting Product on the Website(s) or within the Customer Account (i.e., via Company’s account management panel (“AMP”)). Any Web Hosting Product Fee will automatically renew upon expiration of the then current term for a renewal period equal in time to the most recent service period unless specified by Customer in AMP. See UToS for more information on auto renewals. 
  1. Product Features and Implementations.
    1. After signing up and paying for the applicable Web Hosting Product Fee for the applicable Web Hosting Product, Customer will be provided with a unique domain name system (“DNS”) identifier, which translates domain names into an internet protocol (“IP”) address to allow Internet browsers to load Internet resources. Customer acknowledges and agrees that hardware and/or software resources utilized to deliver the applicable Web Hosting Product may be shared by Company between Customers located on the same Company servers
    2. Use of the term “Unlimited”. While Company offers unlimited disk space and bandwidth for an applicable Web Hosting Product, Customer acknowledges and understands the purpose of the applicable Web Hosting Product is solely to host websites. Use of the applicable Web Hosting Product for online file storage and/or archiving electronic files or with data unrelated to a Customer website is prohibited. 
    3. Customer acknowledges and understands certain hosting plans are on shared hosting platforms, and to ensure fast and reliable delivery Web Hosting Product service, Customer agrees that if Customer Content that adversely affects Company’s servers or its network performance must be immediately modified or corrected, or Customer will be asked to upgrade to a different web hosting product as determined by the Company.
    4. In the event Customer adds the optional WHMCS license to Customer’s Web Hosting Reseller plan, Customer agrees to be bound by both the WHMCS Terms of Service and End User License Agreement , which are both hereby incorporated by reference.
    5. VPS and Dedicated Plans.
      1. Virtual Private Server Web Hosting plans (“VPS Product”) provide dedicated resources with private space to place Customer Content within a Company server shared with other customers. Customer has full control over the private server space and software configuration.
      2. Dedicated Server Web Hosting plans (“Dedicated Server Product”) plans reserve an entire server exclusively for usage and placement of Customer Account and Customer Content. Customer maintains exclusive rights to the server’s bandwidth, memory, and storage space. 
      3. The VPS Product and Dedicated Server Product may be operated in different versions of Linux® environments. Customer may commission, and if possible and applicable in the Company’s sole discretion, to have the server provisioned with a specific Linux operating system version.
      4. The VPS Product and Dedicated Server Product include a specific number of cPanel account licenses based on Customer’s purchased plan, at no additional cost. Additional cPanel account licenses, whether purchased individually or in tiers, will be billed as a monthly addon, separate from Customer’s applicable hosting plan and regardless of the hosting plan term length. 
      5. Pricing for the cPanel account licenses will not automatically be reduced to a lower tier if reduced below the number of cPanel account licenses Customer had initially subscribed to or the applicable product. It is the Customer’s responsibility to lower or raise the tier based on what Customer may require. 
      6. If the cPanel account license addon fails to renew for any reason (i.e., non-payment), the cPanel account license will be suspended. The suspension of the cPanel account license alone will not disrupt Customer’s hosting plan availability unless the hosting plan is also suspended. All functions of cPanel will cease until the renewal is processed and the license is reinstated. The renewal term for cPanel account licenses is only available on a monthly term and is non-refundable.
      7. Customer agrees to be bound by the cPanel End-User License Agreement (“EULA”), which terms are located here and hereby incorporated by reference.
      8. Upon an upgrade or downgrade of a VPS Product or Dedicated Server Product, any previously stored data snapshots of any data in either a temporary or permanent status will be deleted. Customer is solely responsible for making backup copies of any Customer Content. Customer is encouraged to backup all Customer Content and stored data in separate regular backups as any data snapshot(s) will be deleted at time of the service change. Company is not responsible for any data loss during an upgrade or downgrade process.
      9. Customer is solely responsible for making backup copies of any Customer Content. Customer is expected and encouraged to maintain separate backup copies of Customer Content outside of any products or services Company servers. Company offers Backup Manager for purchase, located in Customer’s AMP, which allows Customer to automatically backup certain data.
      10. Customer acknowledges and agrees to be bound by any terms and conditions related to any third-party software provided by Company for Customer’s use 
      11. Customers may sign up for fee-based support blocks of one (1), two (2), or three (3) hour time one time use increments or through monthly subscription packages with Company’s Managed Hosting department. If additional hours are needed after the allotted time for the applicable support subscription, Customer may purchase one-time use additional hours for an extra cost.
    6. Beta Services. Company may offer previews of new Services and/or new features to existing Services in a pre-release version or limited preview services (“Beta Services”). Beta Services (unless otherwise exempted) are subject to the following:
      1. If Customer elects to use any Beta Services, then Customer use of Beta Services is subject to the following terms and conditions:
        1. Customer acknowledges and agrees that as Beta Services are pre-release versions Beta Services may not work properly;
        2. Customer acknowledges and agrees that Customer use of Beta Services may expose Customer to the risk of operational failures;
        3. Beta Services are provided as is, Company does not recommend using Beta Services in production or mission-critical environments;
        4. Company may modify, change, or discontinue any aspect of Beta Services at any time;
        5. Programs that use or run with Beta Services may not work with the commercially released versions or subsequent releases;
        6. Company may limit the availability of customer service and/or technical support for Beta Services;
        7. Customer acknowledges and agrees to provide feedback regarding Customer experience with Beta Services in a form requested by Company, including information necessary to enable Company to duplicate errors or problems Customer experience. Customer acknowledges and agrees that Company may use Customer feedback for any purpose, including product development purposes. At Company’s request, Customer will provide Company with comments that Company may use publicly for press materials and marketing. Any intellectual property in Customer feedback or arising from Customer use of Beta Services shall be owned exclusively by Company;
        8. Customer acknowledges and agrees that all information regarding Customer use of Beta Services, including Customer experience with and opinions regarding Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Company;
      2. Beta Services are provided “as is,” “as available,” and “with all faults.” To the fullest extent permitted by law, Company disclaims any and all warranties, statutory, express or implied, with respect to Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    7. Provisions Specific to Managed SSL.
      1. If Customer purchased Managed SSL and is using an SSL certificate on a Customer website Company will generate and securely store a corresponding private key. For security reasons, at no time will Company release Customer’s private key, even per a Customer request. 
      2. If Customer wishes to export an SSL certificate for use on a non-Company server, Customer must request a re-key of the SSL certificate as the current SSL certificate will become invalid. Company will issue a new certificate for use on non-Company servers. Customer is required to install an SSL certificate with the new host. 
      3. Company will automatically validate, issue and install the new certificate every two (2)  years for subscribing Customers using Company hosting products. Customers using third-party hosting products will be required to reinstall the new certificate after Company automatically validates and issues a new certificate. Company will alert Customers when to take action via the Product dashboard and/or email.
      4. Customers are permitted to assign a representative the authority to (a) sign and submit, or approve a certificate request on Customer’s behalf, (2) sign and submit any required third-party subscriber (or similar) agreement on Customer behalf and/or (3) to acknowledge the terms of use (or similar terms and condition) of third-party on Customer’s behalf, provided Customer acknowledges and agrees that Customer is and will remain subject to and bound by all terms and conditions of the Agreements.
  1. Company as Reseller or Licensor. Under the Agreements, Company may act only as a reseller or licensor of the hardware, software and equipment used in connection with the Products that were or are manufactured or provided by a third-party (“Non-Company Products”). Company shall not be responsible for any changes in the Products that cause a Non-Company Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Products. Any malfunction or manufacturer’s defects of a Non-Company Product either sold, licensed or provided by Company to Customer or purchased directly by Customer used in connection with the Products will not be deemed a breach of Company’s obligations under the Agreements. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of a Non-Company Product are limited to those rights extended to Customer by the manufacturer of such Non-Company Product. Customer is entitled to use any Non-Company Product supplied by Company only in connection with Customer’s permitted use of the Products. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Company to Customer through any Non-Company Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Products. Customer shall not resell, transfer, export or re-export any Non-Company Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
  1. Internet Protocol (“IP”) Address Ownership. If Company assigns Customer an IP address for Customer’s use, the right to use that IP address shall belong only to Company, and Customer shall have no right to use that IP address except as permitted by Company in its sole and absolute discretion in connection with the Products, during the Term. At all times, Company shall own and control ownership of all IP numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. Any IP numbers which remain unused after a thirty (30) day period will be subject to reassignment by Company, as determined in its sole discretion. In such event, no prior notice will be given to Customer, however, Company may, but is not required to, email Customer to inform of the action taken. Any services performed and/or costs incurred in reclaiming any unused IP numbers which have been registered as nameservers will be billed to Customer at Company’s then current administrative services rates. Customer acknowledges and agrees that as a normal course of business, it may be necessary for Company to migrate servers which may result in assigned dedicated IPs to be assigned to a different IP number. Company does not warrant that Customer will be able to consistently maintain any given IP numbers.
  1. Caching. Customer expressly grants to Company a license to cache the entirety of the Customer Content and agrees that such caching is not an infringement of any of Customer Content.
  1. CPU Usage. Customer agrees that Customer shall not use excessive amounts, as defined by Company in its sole and absolute discretion, of CPU processing on any of Company’s servers. Any violation of this term may result in corrective action by Company, including assessment of additional charges, disconnection or discontinuance of any and any Products, or termination of the Agreements, which actions may be taken in Company’s sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
  1. Bandwidth and Disk Usage. Company shall provide Customer with a large volume of bandwidth, disk space, and other resources as defined in the applicable Product offering. The Products are intended for reasonable, as determined by the Company, business use only. Any activity that results in excessive usage inconsistent with reasonable usage patterns is strictly prohibited. Customer agrees that such bandwidth and disk usage shall not exceed the amounts set by Company for the Products (the “Agreed Usage”). These allotments are optimized and dedicated towards serving the Customer Content. Customer shall not use any bandwidth and/or disk usage for materials other than the Customer Content. Company will monitor Customer’s bandwidth and disk usage. Company, in its sole discretion, shall have the right to take any corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include but is not limited to the assessment of additional charges, disconnection or discontinuance of any and any Products, removal or deletion of Customer Content and/or other materials or termination of the Agreements, which actions may be taken in Company’s sole and absolute discretion. If Company takes any such corrective action, Customer shall not be entitled to a refund or credit of any fees paid prior to such action. Customer will comply with all applicable laws, rules, and regulations regarding Customer Content.
  1. Account Limitations.
    1. Free Products Credits. Upon termination of the Agreement, all free products provided by Company will be canceled or revoked.
    2. cPanel. In the event Customer adds cPanel to Customer server, Customer agrees to be bound by the cPanel EULA, which is hereby incorporated by reference.
    3. cPanel Fair Usage Policy: This policy is a guide to understand the intended uses of Company Services, and to prevent exploitation and abuse of the features offered in Company plans. Company may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the Company determined threshold or restrict additional accounts from being created. Where possible, Company will provide a notice to Customer when usage is in excess of the threshold.
  1. Service Uptime Guarantee.
    1. After purchase of a Business Class Pro account, Customer may contact Customer Support to have a server’s physical uptime checked no more than once within a 30-day period. If Customer’s Business Class Pro server has a physical downtime that is not within the 99.999% uptime Customer may receive one month of credit on Customer’s account. Uptime guarantees only apply to Shared Business Class Pro accounts. Company reserves the right to measure uptime any time.
    2. If an approved downtime event is reported following a check, Customer must request (in writing) credit within one (1) week of receiving notification of such a report. To request a credit, please create a ticket with Company support department or email [email protected]with justification. Approval of the credit is at the Company’s sole and absolute discretion and dependent upon the results of the check performed by Company. 
    3. Third-party monitoring service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity and reliability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. 
    4. Scheduled downtime for server maintenance is not regarded as downtime for purposes of relevance for this credit, nor is downtime caused by unavoidable acts of God, nor by third-party digital or physical attacks on Company networks, such as direct denial of service (DDoS) attacks, or other forms of hacking. 
    5. Interruptions in service caused by Customer from custom scripting, coding or the installation of third-party applications are not eligible to be counted against downtime. 
  1. Third Party Software.  “Third Party Software” means any software or application developed and owned by a third-party provider that Company may contract with from time to time. 
  1. Operating Software. Hosting Services may be operated in different versions of Linux® environments. Customer may commission an applicable hosting service which Company, if possible and applicable in the company’s sole discretion, will provision the server with the operating system Customer chooses.