Master Service Agreement

This Master Service Agreement (the "Agreement" or "MSA") governs the legal relationship between Hostry Compute LLC, a Delaware limited liability company with its registered office at 2810 N Church St STE 89834, Wilmington, DE 19802, United States, together with its affiliates, parents, subsidiaries, related entities, successors and assigns (collectively, "Hostry", "we", "us", "our"), and the individual or legal entity that creates an Account, orders Services, or otherwise uses any Services provided by Hostry (the "Customer", "you", "your").

By creating an Account, submitting an order, paying any invoice, accessing or using any Hostry Service or infrastructure, or otherwise indicating assent electronically, the Customer acknowledges, agrees to, and is legally bound by all terms and conditions set forth in this Agreement.

This Agreement is the binding document. The other policies published at hostry.com/legal describe specific procedures in greater detail and form an integral part of this Agreement. In the event of any conflict between this Agreement and any other policy, this Agreement prevails, unless that policy expressly states otherwise.

1. Definitions

For purposes of this Agreement, the following terms have the meanings set out below. Definitions apply equally to the singular and plural forms.

1.1. Services

"Services" means all products, technologies and service offerings made available by Hostry, whether directly or through its affiliates or subcontractors, including without limitation:

• virtual servers (VPS / VDS), including Windows VPS and application-preconfigured instances;
• bare metal dedicated servers;
• shared web hosting;
• website builder services;
• domain name registration services, provided through an ICANN-accredited registrar;
• DNS hosting services;
• VPN services;
• SSL certificate provisioning;
• backup, storage and data retention services;
• IP address allocation, routing and network-related services;
• any ancillary or related services, features or functionality offered at hostry.com or through the Customer Portal.

1.2. Portal

"Portal" means the online customer interface operated at hostry.com, or any successor platform designated by Hostry, through which the Customer may order, configure, manage, renew, upgrade or pay for Services.

1.3. Account

"Account" means the Customer's registered profile and authentication credentials used to access the Portal and any associated Services. The Account includes all sub-accounts, users, API keys, credentials and permissions configured or authorized by the Customer.

1.4. Content

"Content" means any data, files, information, text, images, code, software, applications, scripts, digital assets or materials of any kind that are transmitted, stored, processed, hosted, uploaded, published or otherwise handled through the Services by or on behalf of the Customer.

1.5. Payment Provider

"Payment Provider" means any third-party payment processor, financial intermediary, card network, bank, digital wallet service, cryptocurrency gateway or other payment service used by the Customer to remit payments for Services. Hostry is not responsible for the acts, omissions, policies or processing practices of any Payment Provider.

1.6. Policies

"Policies" means the documents published at hostry.com/legal, including the Acceptable Use Policy, Service Level Agreement, Refund & Payment Policy, Service Suspension & Retention Policy, Promotional Offers & Discount Policy, Privacy Policy, Cookie Policy, Abuse Reports Processing Policy, DMCA Procedures, Law Enforcement Requests and EU Digital Services Act Disclosures.

2. Scope of Services

2.1. Provision of Services

Hostry shall make available to the Customer standardized infrastructure, hosting, virtualization, dedicated server, networking and related technical services as described in the Portal. All Service descriptions, technical specifications, performance characteristics and pricing are incorporated into this Agreement by reference as they appear in the Portal and may be updated from time to time.

2.2. Ordering and Configuration

The Customer shall submit all Service orders through the Portal by selecting the desired configuration, service term and any applicable add-ons. The Customer bears full responsibility for the accuracy of all selections, configurations and parameters submitted. Hostry has no obligation to modify or correct orders on behalf of the Customer.

Availability of custom server configurations must be confirmed at the time the order is placed.

2.3. Modification or Discontinuation of Services

Hostry reserves the right, in its sole discretion and without liability, to modify, enhance, replace or discontinue any Service or component thereof, provided that such modification or discontinuation is commercially reasonable. Hostry may, where practicable, offer equivalent or functionally comparable alternatives, but is not obligated to maintain any specific feature, configuration or legacy component.

2.4. Service Basis and Service Levels

Except as expressly provided in the Service Level Agreement, all Services are offered on a prepaid basis and without guarantee of uninterrupted availability or specific performance characteristics. Availability commitments, exclusions and outage credits are set out in the Service Level Agreement.

2.5. Third-Party Services

This Agreement covers only content and functionality supplied by Hostry. It does not cover services or products provided by third parties, including domain registries, certificate authorities, software licensors and payment processors, which are governed by their own terms.

2.6. Use of Subcontractors

The Customer acknowledges and agrees that Hostry may, at its sole discretion and without separate notice, engage subcontractors, subprocessors, upstream providers, datacenter operators, connectivity carriers, payment processors, verification partners and other third-party service providers to support, deliver or maintain any portion of the Services.

Hostry remains responsible for ensuring that such subcontractors perform the relevant obligations in accordance with the standards specified in this Agreement. The use of subcontractors does not constitute a breach of this Agreement.

Where a Service is delivered on infrastructure operated by a third-party provider, certain operations — including hardware replacement, access to infrastructure-level logs and physical handling of storage media — depend on that provider. Hostry remains the Customer's sole counterparty and remains responsible under this Agreement, but timeframes for such operations are subject to the provider's own procedures.

3. Account Registration, Legal Capacity and Identity Verification

3.1. Legal Capacity and Eligibility

The Customer represents and warrants that it has full legal capacity, authority and right to enter into and be bound by this Agreement.

Where the Customer is a natural person, the Customer must be at least eighteen (18) years of age, or the age of legal majority in their jurisdiction, whichever is higher.

Where the Customer acts on behalf of an organization, the Customer represents and warrants that it is duly authorized to bind that organization to this Agreement.

3.2. Accuracy and Completeness of Information

The Customer shall provide complete, accurate, current and truthful personal or organizational information when creating and maintaining the Account, and shall keep that information up to date at all times.

3.3. Prohibition on False or Misleading Identities

The Customer shall not:

• use pseudonyms, fictitious names or proxy identities;
• provide intentionally incomplete, inaccurate or deceptive information;
• impersonate any individual or entity;
• misrepresent its affiliation, legal status, ownership or authority.

Any such conduct constitutes a material breach of this Agreement.

3.4. Identity Verification (KYC / KYB)

Hostry reserves the right, at any time and at its sole discretion, to verify the identity or corporate status of the Customer through Know Your Customer (KYC) or Know Your Business (KYB) processes, including through third-party verification systems.

Identity verification is mandatory in the following circumstances, without limitation:

• payments made via cryptocurrency exceeding USD 100, EUR 100 or the equivalent in any other currency;
• transactions, account activity or behavioral patterns triggering internal fraud-prevention or compliance controls;
• accounts originating from or associated with high-risk jurisdictions, elevated risk categories or enhanced due diligence requirements;
• any situation in which verification is required for compliance with sanctions, anti-money-laundering (AML), counter-terrorist financing (CTF), export control or other applicable laws.

Hostry may request identification documents, proof of address, corporate registration records, beneficial ownership information, source-of-funds documentation or any other data reasonably necessary for verification.

3.5. Consequences of Non-Verification

Failure, refusal or inability to complete identity verification to Hostry's satisfaction constitutes a material breach of this Agreement. In such circumstances Hostry may, in its sole discretion and without further notice, suspend access to any or all Services, restrict Account functionality, block the Account, terminate any or all Services permanently, or refuse future orders and reactivation.

No refunds, credits, chargebacks or service continuations shall be issued for suspensions or terminations resulting from non-compliance with verification requirements.

3.6. Credentials and Account Security

Hostry uses an authorization system based on email address and password. The confidentiality of these credentials is the sole responsibility of the Customer, and the Customer is fully responsible for all actions performed under its Account.

The Customer shall notify Hostry immediately if its credentials are disclosed, stolen or lost, and Hostry will reset the password. Any person who obtains the Customer's credentials will be able to use the Services and the Portal on the Customer's behalf.

The Customer shall not attempt to gain unauthorized access to restricted areas of the Portal or the Hostry websites, to features or information stored in those areas, or to any other customer's systems. The Customer shall not use bots, spiders, robots or scrapers to access Hostry websites, nor participate in such activity conducted by others.

4. Payment Terms

4.1. Pricing and Total Charges

All pricing is published in the Portal and incorporated into this Agreement by reference. The total amount due for each transaction consists of the base price of the applicable Service, commissions and fees imposed by the selected Payment Provider, any currency conversion charges, and any taxes, duties, levies or regulatory fees that apply under relevant law.

The Customer acknowledges that the final payable amount may exceed the listed base price due to such additional charges.

4.2. Currency Handling and Conversion

Payments may be processed in a currency different from the currency in which the Service price is displayed. Any currency conversion is performed at the rate applied by the Payment Provider or, where applicable, the internal conversion rate used by the Portal. Hostry has no responsibility for exchange rate fluctuations or foreign transaction costs.

4.3. Acceptance of Fees

By initiating or submitting payment, the Customer accepts all associated fees, commissions, conversion rates and charges imposed by the Payment Provider or the Portal. Such fees are non-refundable.

4.4. Payment Provider Limitations

Hostry is not responsible or liable for any issue arising from the Customer's chosen Payment Provider, including delays or failures in transaction processing, declined or reversed payments, account restrictions or limits imposed by the Payment Provider, or disputes, chargebacks and compliance reviews initiated by banks, processors or e-wallet systems. The Customer is solely responsible for resolving such matters directly with the Payment Provider.

4.5. Traffic Overuse and Additional Charges

Charges for traffic overuse are invoiced according to the conditions of the applicable tariff plan or package for the corresponding Service, and must be paid on the terms stated there.

4.6. Consequences of Non-Payment

Failure to remit full payment by the applicable due date, or maintaining an insufficient balance where required, results in automatic suspension of the affected Services. Continued non-payment results in deletion of the Services and all associated data in accordance with Section 10 and the Service Suspension & Retention Policy.

Hostry bears no liability for any loss or damage resulting from suspension or deletion due to non-payment.

4.7. Chargebacks and Payment Reversals

Chargebacks prohibited. The Customer agrees not to initiate, request or facilitate any chargeback, reversal, retrieval request or dispute through a Payment Provider for any amount properly charged by Hostry. Billing disputes must be raised with Hostry directly through the Portal.

Chargeback as material breach. Any chargeback or attempted chargeback constitutes a material breach of this Agreement. Upon initiation or receipt of a chargeback, Hostry may, in its sole discretion:

• immediately suspend or terminate any or all Services;
• block or close the Account;
• assess administrative fees and liquidated damages;
• report the incident to relevant fraud-prevention databases or authorities;
• pursue legal collection of the disputed amount and related damages.

Chargeback fees. The Customer is solely responsible for all fees, penalties, administrative charges and costs, including reasonable attorney fees, incurred by Hostry as a result of a chargeback or payment reversal, regardless of the outcome of the dispute.

Restoration requires full payment. Suspended Services shall not be reinstated until the Customer has paid the full outstanding balance, reimbursed all chargeback-related fees and expenses, and provided any evidence or assurances reasonably required by Hostry.

4.8. Refunds

Refund terms are set out in full in the Refund & Payment Policy. In summary: payments for Services are non-refundable, and where a refund is permitted it is issued as credit to the Customer's internal Account balance within the Portal, which may be used for future Services, is non-transferable, and cannot be converted to cash or paid out externally.

4.9. Consumer Right of Withdrawal

Where the Customer is a consumer resident in a jurisdiction granting a statutory right of withdrawal for distance contracts, including the European Union and the United Kingdom, the Customer expressly requests that Hostry begin providing the Services immediately upon order, and acknowledges that by doing so the Customer loses the statutory right of withdrawal once the Services have been fully provided.

5. Acceptable Use Requirements

5.1. Lawful and Responsible Use

The Customer shall use the Services in a lawful, responsible and commercially reasonable manner, and shall not engage in any activity that could compromise, impair or adversely affect the operation, integrity, performance or security of the Services, the Hostry network, or any other customer's use of the Services.

The full set of use requirements and prohibited activities is set out in the Acceptable Use Policy, which forms an integral part of this Agreement.

5.2. Responsibility for Account Activity

The Customer is solely and fully responsible for all actions, omissions, transmissions and activities conducted through, originating from, or otherwise associated with its Account, credentials or servers, whether authorized by the Customer or occurring without the Customer's knowledge or consent. Unauthorized use by third parties does not diminish the Customer's responsibility under this Agreement.

5.3. System Security and Maintenance Obligations

The Customer shall, at all times and at its own expense:

• maintain secure and industry-standard configurations of all software, applications and systems operating on or connected to the Services;
• install security patches, firmware updates and software upgrades in a timely manner;
• implement and maintain adequate access controls, credential management, authentication mechanisms and network security safeguards;
• take all reasonable measures to prevent unauthorized access to, exploitation of, or compromise of the Customer's systems or the Services.

Failure to comply with this Section constitutes a material breach of this Agreement and may result in suspension or termination of Services.

5.4. Customer Content

Hostry does not bear responsibility for Customer Content transmitted, stored or delivered through its network, and does not pre-screen Customer Content for legality or any other purpose. The Customer is responsible for all Content stored, delivered or published via the Hostry network and Services, and for ensuring that all such Content complies with applicable law.

It remains the Customer's responsibility to keep its own copy of all Content, including Content stored on servers owned and maintained by Hostry.

6. Prohibited Activities and Enforcement

6.1. Prohibited Activities

The Customer shall not use, nor permit any third party to use, the Services for any unlawful, abusive, harmful or otherwise prohibited purpose. The full catalogue of prohibited activities is set out in the Acceptable Use Policy and includes, without limitation: illegal content and activities; content involving the sexual abuse or exploitation of minors; fraud and deceptive conduct; malware and security violations; network abuse and denial-of-service activity; operation of open proxies, open mail relays and anonymization gateways; unsolicited bulk communications; unauthorized cryptocurrency mining; and infringement of intellectual property rights.

6.2. Liquidated Damages

The Customer acknowledges that certain violations of this Agreement — including spam operations, network abuse, security incidents and other prohibited activities — may cause substantial harm to Hostry, other customers and upstream providers, and that the precise amount of such harm would be difficult or impossible to quantify.

Accordingly, in lieu of actual damages, Hostry may assess liquidated damages as follows:

• for each instance of unsolicited bulk communication, including email, SMS, instant messages and similar transmissions — USD 5.00 per message;
• for each discrete violation of the prohibited activities that is not tied to a specific number of messages, including network abuse, operation of open proxies, malware distribution and security violations — USD 500.00 per occurrence;
• additional charges where required to cover penalties or fees imposed on Hostry by carriers, datacenters or anti-abuse networks as a result of the Customer's actions.

The parties agree that these amounts constitute a reasonable estimate of anticipated harm, are not punitive, and are enforceable to the fullest extent permitted by law. Payment of liquidated damages is in addition to Hostry's right to suspend or terminate Services or pursue other remedies.

6.3. Protective Measures and Traffic Blocking

Hostry reserves the right, at its sole discretion and without prior notice, to block, filter, rate-limit or otherwise restrict any network traffic, packets or connections associated with the Customer's Services where Hostry reasonably determines that such action is necessary to prevent or mitigate network abuse, contain or respond to a security incident, protect its infrastructure or other customers, comply with applicable law or lawful requests from authorities, or address behavior threatening network integrity or service availability.

If abusive, harmful or prohibited activity persists or poses an ongoing threat, Hostry may immediately suspend or disable the affected Service, Account or network resource.

Hostry is not liable to the Customer for any loss, interruption, degradation or inaccessibility of Services resulting from protective measures taken under this Section, including rate-limiting, IP blackholing, packet filtering, routing changes and firewall enforcement.

Hostry may restore full functionality once it determines, in its sole discretion, that the risk has been mitigated. Restoration may require the Customer to modify configurations, provide assurances or implement remedial actions.

7. Content Moderation, Notice and Statement of Reasons

7.1. Categories of Violation

Enforcement action depends strictly on the severity of the violation.

Critical Violations. Upon discovery of child sexual abuse material, botnet infrastructure, promotion of terrorism or separatism, phishing, or any other manifest fraud, the Customer's Services shall be cancelled and the Account blocked immediately and without prior notification.

Standard Violations. In the event of any other violation, including intellectual property and copyright infringement claims and applications generating excessive sustained resource load, Hostry shall first issue a formal notification to the Customer, providing a reasonable period to voluntarily remedy the violation before any service restriction or suspension is applied.

7.2. Statement of Reasons

Where Hostry restricts the visibility of Content, suspends or terminates a Service, or suspends or terminates an Account on the ground that the Content is illegal or violates this Agreement, Hostry shall provide the affected Customer with a clear and specific statement of reasons. That statement shall include the facts and circumstances of the decision, the specific legal or contractual grounds relied upon, and information on the available means of redress.

For Critical Violations, the statement of reasons shall be provided no later than the date the restriction is imposed, except where such notification is prohibited by law enforcement, judicial order or national security authorities. For Standard Violations, the statement of reasons and a prior warning shall be provided before any restriction is imposed.

7.3. Frequent Offenders

Hostry will temporarily suspend the provision of Services to Customers who frequently provide manifestly illegal Content. Such suspension will be applied for a reasonable period and only after a prior warning has been issued, except in cases of Critical Violations, which warrant immediate termination.

7.4. Applicability

The requirement to provide a specific statement of reasons and the policy of issuing a prior warning before suspension for frequent offenders apply to recipients of the Services who are established or located in the European Union, in accordance with Regulation (EU) 2022/2065 (Digital Services Act). Further detail is set out in the EU Digital Services Act Disclosures.

For Customers outside the European Union, Hostry applies the same categories of violation and the same escalation practice as a matter of policy, but reserves the right to suspend or terminate Services in accordance with standard operational procedures upon violation of this Agreement.

7.5. Reporting Illegal Content

Any individual or entity may notify Hostry of Content on its Services that they consider illegal. The notice mechanism, required elements of a valid notice, and Hostry's processing commitments are set out in the Abuse Reports Processing Policy and the EU Digital Services Act Disclosures. Copyright claims under United States law follow the separate procedure set out in the DMCA Procedures.

8. Sanctions, Export Controls and Restricted Jurisdictions

8.1. Compliance

Hostry conducts its operations in accordance with all applicable sanctions, export control and trade compliance regulations, including without limitation:

• regulations administered by the United States Department of the Treasury's Office of Foreign Assets Control (OFAC);
• the Export Administration Regulations (EAR) administered by the United States Department of Commerce, Bureau of Industry and Security (BIS);
• restrictive measures issued by the European Union and its Member States;
• sanctions administered by the United Kingdom Office of Financial Sanctions Implementation (OFSI);
• sanctions imposed or endorsed by the United Nations Security Council.

8.2. Customer Representations

The Customer represents, warrants and covenants that it is not:

• located in, organized under the laws of, ordinarily resident in, or accessing the Services from any jurisdiction or territory subject to comprehensive embargoes or significant sanctions restrictions, including Cuba, Iran, North Korea (DPRK), Syria, Sudan where applicable, the Crimea region of Ukraine, the Donetsk and Luhansk regions of Ukraine, or any other region designated by applicable authorities as restricted;
• identified on, owned or controlled directly or indirectly by, or acting on behalf of any individual or entity identified on any applicable sanctions list, including the OFAC Specially Designated Nationals and Blocked Persons List (SDN), the OFAC Sectoral Sanctions Identifications List (SSI), the EU Consolidated Sanctions List, the UK OFSI Consolidated List, the BIS Entity List or Denied Persons List, or any United Nations sanctions list;
• using the Services for the benefit of, or making the Services available to, any sanctioned or otherwise prohibited person, entity or jurisdiction.

The Customer is further notified that Services may not be provided, in whole or in part, where the Customer is located, resident or registered in an unrecognized territory.

8.3. Prohibited Transfers and Re-Exports

The Customer shall not directly or indirectly export, re-export, divert, transfer, resell, sublicense or otherwise make the Services available, in whole or in part, to any jurisdiction, individual, organization or entity for which such activity is prohibited under applicable sanctions or export control laws, and shall implement all necessary measures to ensure such compliance.

8.4. Circumvention Prohibited

The Customer shall not use, and shall not permit any third party to use, VPNs, proxy services, anonymization tools, routing manipulation or any other technical means to obscure geolocation, identity or traffic source, or to otherwise evade sanctions, export restrictions or geographic access controls. Any such conduct constitutes a material breach of this Agreement and may result in immediate termination of Services.

This Section does not restrict the Customer's lawful use of VPN Services purchased from Hostry for legitimate privacy and security purposes.

8.5. Right to Suspend and No Refunds

Hostry may, in its sole discretion and without prior notice, suspend or terminate any Service, Account or transaction where it identifies or reasonably suspects a sanctions or export control compliance risk, where any payment originates from or involves a restricted jurisdiction or sanctioned person, or where the Customer's data matches or is reasonably suspected of matching any applicable sanctions list.

No refunds, credits, chargebacks or service restoration shall be provided in connection with any action taken pursuant to sanctions or export control obligations.

9. Cooperation, Investigation and Abuse Handling

9.1. Duty to Cooperate

The Customer shall fully and promptly cooperate with Hostry in connection with any investigation, inquiry or request relating to alleged or suspected violations of this Agreement, abuse reports or security incidents, complaints submitted by third parties, law enforcement or regulatory inquiries, and operational or technical incidents affecting the Services.

9.2. Requests for Information

Hostry may require the Customer to furnish logs, configuration details, records, audit trails, forensic data or any other information reasonably necessary to investigate abuse, security breaches, or violations of law or policy. Failure, refusal or undue delay in providing requested information constitutes a material breach of this Agreement and may result in immediate suspension or termination of the affected Services.

9.3. Monitoring

Hostry reserves the right to monitor network traffic, metadata, system logs and operational telemetry associated with the Customer's use of the Services to the extent reasonably necessary to protect the integrity, security and availability of its infrastructure; to detect, prevent or respond to unlawful, abusive or prohibited activity; to ensure compliance with this Agreement and applicable law; and to investigate or mitigate actual or suspected incidents.

Such monitoring is conducted in a manner consistent with applicable law and Hostry's security practices. Hostry does not undertake any general obligation to monitor Customer Content.

10. Suspension and Deletion of Services

10.1. Suspension for Non-Payment

If the Customer fails to renew a Service by the applicable due date, the Service is automatically suspended without further notice. Suspension disables access to and functionality of the affected Service. The reason for suspension is sent to the email address associated with the Account.

10.2. Retention and Deletion

Following suspension, Services and associated data are retained for the period set out in the Service Suspension & Retention Policy, after which they are permanently deleted. In summary: where the Customer's Account remains suspended and the Customer neither pays nor contacts Hostry for three (3) or more consecutive billing periods, Hostry may delete all data from the servers without any possibility of restoration.

10.3. Consequences of Deletion

Upon deletion of a Service, all data stored on dedicated server storage media is securely wiped or otherwise rendered permanently irretrievable; all VPS/VDS disk images, snapshots and associated virtual storage are permanently removed; and any IP addresses assigned to the Customer are immediately reclaimed and returned to the available address pool.

10.4. Accelerated Deletion for Severe Violations

In cases involving material or severe violations of this Agreement, including spam operations, botnet activity, hosting of illegal content, security incidents or any Critical Violation, Hostry may suspend and permanently delete the affected Service within twelve (12) hours of suspension. No data retention obligation applies in such cases.

10.5. Irreversibility

All deletions performed under this Section are permanent and irreversible. Deleted data cannot be recovered, reconstructed or restored under any circumstances. Maintaining adequate backups is the Customer's sole responsibility.

10.6. Deletion Pursuant to Legal Process

Hostry may immediately suspend, restrict or permanently delete any Service, including all associated data and configurations, where required to do so by a valid court order, subpoena, warrant or other judicial directive; by a request or mandate from law enforcement, regulatory authorities or governmental bodies acting within their lawful jurisdiction; or where Hostry determines that continued operation of the Service may expose it to legal liability, regulatory penalties or compliance risk.

11. Data Protection and Privacy

11.1. Compliance with Data Protection Laws

Hostry processes personal data and Customer Content in accordance with applicable data protection and privacy laws, including relevant United States federal and state laws, the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), and, where applicable, the General Data Protection Regulation (EU) 2016/679 and the UK GDPR. Details are set out in the Privacy Policy.

Where Hostry processes personal data on behalf of the Customer as a processor, the Data Processing Agreement applies.

11.2. Limited Access to Customer Content

Hostry shall not access, view or monitor Customer Content except to the extent reasonably necessary for providing technical support or maintenance; diagnosing or remediating service or operational issues; investigating or addressing abuse, security incidents or violations of this Agreement; or complying with applicable law, subpoenas, warrants, court orders or other lawful governmental demands.

Any such access is exercised consistently with Hostry's internal security and confidentiality policies. All Hostry personnel are bound by confidentiality obligations.

11.3. Customer Responsibilities for Data Security

The Customer bears sole responsibility for implementing appropriate technical and organizational measures to safeguard Customer Content, including encryption at rest and in transit; maintaining secure, complete and current backups stored outside the Hostry infrastructure; configuring and managing privacy settings, access controls, authentication, logging and security measures for its own applications and systems; and ensuring compliance with all data protection requirements applicable to its own business operations.

11.4. Backups and No Guarantee of Restoration

Hostry does not provide automated backup services unless specifically contracted as a paid add-on. The Customer retains full responsibility for maintaining current, off-site backups of all hosted data.

Hostry does not guarantee the recovery, restoration or reconstruction of Customer Content lost, corrupted, modified or rendered inaccessible due to Customer error or misconfiguration; malicious activity, unauthorized access or security compromise affecting Customer systems; failure by the Customer to maintain adequate backups or redundancy; or deletion of data pursuant to this Agreement. Data recovery is not guaranteed under any circumstances.

12. Intellectual Property

12.1. Hostry Materials

All data and information published on Hostry websites is protected by copyright and other intellectual property rights. The Customer may not use, transfer, copy, modify or publish materials published on Hostry websites, or use their elements, without the prior written permission of Hostry. This Agreement does not grant a license or any property right to any patented product except as expressly stated in writing.

12.2. Customer Content and Third-Party Rights

Hostry prohibits the use of its network or Services to store, distribute, reference domain names for, or otherwise make available any material protected by trademark, copyright, patent or other intellectual property right without the owner's consent or proper authorization.

Copyright infringement claims are processed under the DMCA Procedures.

12.3. Links to Third-Party Resources

Hostry websites may contain links to third-party resources, published for convenience only. Hostry bears no responsibility for the content of those websites or for any damage or loss arising from their use. The Customer uses third-party websites at its own risk and is subject to their terms.

13. Liability and Warranty Disclaimer

13.1. Use at Customer's Own Risk

The Customer acknowledges that it uses all Services entirely at its own risk, understands the technical nature of hosting, virtualization, networking and remote infrastructure, and accepts all associated risks, including service interruption, hardware failure, network issues and data loss.

13.2. No Warranty

Hostry provides the Services and its websites strictly on an "as is", "as available" and best-effort basis. To the fullest extent permitted by law, Hostry disclaims all warranties of any kind, including express warranties, implied warranties of merchantability, implied warranties of fitness for a particular purpose, warranties of non-infringement, and warranties arising from course of dealing, usage or trade practice.

No advice, document, communication or representation provided by Hostry constitutes a warranty unless expressly stated in writing and signed by an authorized Hostry representative.

Hostry does not guarantee that its websites will operate without interruption or error, or that all information published on them is at all times precise, complete and current.

13.3. No Guarantee of Availability, Performance or Security

Except as expressly set out in the Service Level Agreement, Hostry does not guarantee uninterrupted or error-free operation of the Services, permanent availability of infrastructure, absolute data security, immunity from cyberattacks, data breaches, hardware malfunctions or external network failures, or successful restoration of corrupted or deleted data.

13.4. Waiver of Strict Liability

The Customer expressly waives any right to assert strict liability, absolute liability or no-fault liability against Hostry, regardless of the nature of the claim, including claims arising from hardware defects, software bugs, network failures, downtime, security incidents, operational issues, acts or omissions of third-party providers, and outages of upstream carriers or global internet infrastructure.

13.5. No Liability for Indirect or Consequential Damages

Under no circumstances shall Hostry be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profits, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of data, loss of goodwill or reputation, business interruption, or replacement and recovery costs. This limitation applies whether the claim arises in contract, tort, negligence, strict liability, warranty or any other legal theory, and even if Hostry has been advised of the possibility of such damages.

This exclusion extends to loss arising from use of Hostry websites, content downloaded from them, navigation to third-party websites via links, website downtime or inaccessibility, and any incorrect or outdated information published on Hostry websites.

13.6. Exclusion for Customer Errors and Misuse

Hostry has no liability for damages or losses arising from Customer misconfiguration or negligence; insecure code, applications or system setup; absence of backups or redundancy; compromised credentials or unauthorized access; Customer-initiated server actions or deletions; use of prohibited software or activities; or violations of this Agreement.

13.7. Maximum Liability Cap

Regardless of the type, cause or basis of the claim, Hostry's total aggregate liability to the Customer shall not exceed the total amount actually paid by the Customer to Hostry for the affected Service during the one (1) month immediately preceding the event giving rise to the claim. This cap applies even in cases of negligence by Hostry and is the sole and exclusive remedy available to the Customer.

13.8. Force Majeure

Hostry is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fires, floods, pandemics, war, civil unrest, insurrection, governmental action, power grid failures, supply chain disruption, labor disputes and major global internet outages.

13.9. Indemnification

The Customer agrees to indemnify, defend and hold harmless Hostry, its members, officers, employees, contractors and affiliates from any claims, liabilities, damages, losses or expenses, including reasonable attorney fees, arising from misuse of the Services; violations of this Agreement; illegal or harmful Content; intellectual property disputes involving the Customer's Content; regulatory or sanctions violations; and the actions of third parties using the Customer's systems or credentials.

13.10. Statutory Rights

Nothing in this Section limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any mandatory statutory rights of consumers.

13.11. Survival

All limitations, waivers and indemnities in this Section survive termination of this Agreement and continue in full force and effect.

14. Term and Termination

14.1. Term

This Agreement commences on the date the Customer first creates an Account, orders Services, or otherwise uses any Hostry infrastructure, and remains in force until terminated in accordance with this Section.

14.2. Termination by Hostry

Hostry may, in its sole discretion and without liability, suspend or terminate the Customer's access to any or all Services, or terminate this Agreement in its entirety, immediately or upon notice, if:

• the Customer fails to pay any amount when due;
• the Customer breaches any provision of this Agreement;
• Hostry determines that continued provision of the Services would violate applicable law, sanctions, regulatory obligations or governmental orders;
• the Customer engages in, or Hostry reasonably suspects the Customer of engaging in, fraudulent, abusive or harmful activity;
• suspension or termination is necessary to protect Hostry's infrastructure, other customers or the public;
• the Customer fails to complete required identity verification under Section 3.

Suspension or termination does not relieve the Customer of its obligation to pay all outstanding amounts owed to Hostry. Services may be cancelled at any time regardless of the end of the contract term.

14.3. Termination by the Customer

The Customer may terminate one or more Services, or delete its Account, at any time through the Portal. Cancellation is not charged, but the Customer must settle all amounts due in full for cancellation to complete.

To avoid being billed for the next billing period, the Customer must submit the cancellation request before the start of that billing period. Hostry does not refund the remaining period of Services once they have been billed.

14.4. Effect of Termination

Upon termination of any Service or of this Agreement, all rights granted to the Customer immediately cease; Hostry may permanently delete all Customer data and Content associated with the terminated Service in accordance with Section 10; all fees incurred prior to termination remain due and payable; and termination does not affect any rights, obligations or liabilities accrued prior to termination.

14.5. Survival

Sections that by their nature should survive termination shall survive, including liability and indemnification provisions, intellectual property, data protection and privacy, sanctions compliance, and payment obligations.

15. Governing Law, Jurisdiction and Mandatory Mediation

15.1. Governing Law

This Agreement, and any dispute, claim or controversy arising out of or relating to it, the Services, or the relationship between the parties, is governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to conflict-of-laws principles or any choice-of-law rules that would require application of the laws of another jurisdiction.

15.2. Mandatory Mediation Prior to Litigation

Except where immediate injunctive or equitable relief is reasonably necessary to prevent irreparable harm, the parties agree that any dispute arising out of or relating to this Agreement or the Services shall first be submitted to non-binding mediation as a mandatory condition precedent to litigation.

Mediation shall be conducted in New Castle County, Delaware before a mutually agreed mediator or, failing agreement, a mediator appointed by the American Arbitration Association (AAA). Each party bears its own costs, and the mediator's fees are shared equally. If the dispute is not resolved within ninety (90) days after the initiation of mediation, either party may commence litigation. Participation in mediation does not preclude either party from seeking immediate injunctive relief.

15.3. Exclusive Jurisdiction and Venue

Following completion or expiration of the mediation period, any legal action arising out of or relating to this Agreement shall be brought exclusively in the state courts located in New Castle County, Delaware, or the United States District Court for the District of Delaware. The Customer irrevocably submits to the personal jurisdiction of those courts and waives any objection as to venue or forum.

15.4. Consumer Protections

Nothing in this Section deprives a consumer of the protection afforded by mandatory provisions of the law of the country in which they habitually reside, or of the right to bring proceedings in the courts of that country where applicable law so provides.

16. Amendments

16.1. Right to Amend

Hostry reserves the right, in its sole discretion, to modify, amend, update or replace any provision of this Agreement at any time. Any amendment becomes effective upon posting within the Portal or at hostry.com/legal, or upon other written notice to the Customer, unless a later effective date is expressly stated.

16.2. Acceptance of Amendments

The Customer's continued access to or use of the Services after the effective date of any amendment constitutes acceptance of the updated Agreement. If the Customer does not agree to the amended terms, the Customer must discontinue use of the Services and terminate the affected Services before the amendment becomes effective.

16.3. No Retroactive Amendments

No amendment applies retroactively. All amendments operate solely prospectively and do not alter rights, obligations, liabilities, events or Service usage occurring prior to the effective date of the amendment.

16.4. Regulatory Compliance Carve-Out

Notwithstanding Sections 16.1 to 16.3, Hostry may implement amendments with immediate effect and without prior notice to the extent reasonably necessary to comply with applicable laws, regulations, court orders or governmental directives; data protection or privacy legislation, including GDPR, CCPA/CPRA and similar statutes; international sanctions or export control requirements, including OFAC, BIS, EU and UK measures; or industry standards and security requirements intended to prevent material risk or harm.

Amendments implemented under this Section are limited strictly to what is required for legal or regulatory compliance and shall not expand Hostry's rights or reduce the Customer's rights beyond what is reasonably necessary.

17. Entire Agreement and Communications

17.1. Entire Agreement

This Agreement, together with the Policies incorporated by reference, constitutes the entire and exclusive agreement between Hostry and the Customer with respect to its subject matter, and supersedes all prior or contemporaneous agreements, proposals, negotiations, understandings, representations or commitments, whether written or oral, relating to the Services. No statement or representation not expressly included in this Agreement is binding on Hostry.

17.2. No Reliance

The Customer acknowledges that in entering into this Agreement it has not relied on any promise, representation, warranty or statement other than those expressly set out herein.

17.3. Required Method of Communication

Except where otherwise required by law or expressly permitted by Hostry in writing, all operational, administrative and support-related communications between the Customer and Hostry shall be conducted through the Hostry Portal ticketing system.

Communications sent via other channels, including social media and third-party messaging platforms, do not constitute official notice to Hostry unless specifically acknowledged by Hostry in writing.

17.4. Notices

Formal legal notices shall be delivered in accordance with the contact details published at hostry.com. Hostry may provide notices to the Customer through the Portal, by email to the address associated with the Account, or by any other method reasonably calculated to provide actual notice.

17.5. Severability

If any provision of this Agreement is held invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

17.6. No Waiver

No failure or delay by Hostry in exercising any right under this Agreement operates as a waiver of that right, and no single or partial exercise precludes any further exercise.

17.7. Assignment

The Customer may not assign or transfer this Agreement or any rights under it without Hostry's prior written consent. Hostry may assign this Agreement in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets.

17.8. Language

This Agreement is executed in English. Any translation is provided for convenience only; in the event of any discrepancy, the English version prevails.

18. Contact Information

Hostry Compute LLC
2810 N Church St STE 89834
Wilmington, DE 19802
United States