Last updated: [01/11/2025]
1. Introduction
1.1. This User Agreement (the “Agreement”) is a legal contract between you (“You”, “Your”, “User”) and NetHostinger (“NetHostinger”, “We”, “Us”, “Our”) regarding your access to, and use of, our website, systems, services, products, hosting, domain registration, reseller services and any other services offered by us (collectively, the “Services”).
1.2. By accessing, registering for or using the Services, you agree to be bound by this Agreement. If you do not agree with all of the terms herein you must not use the Services.
1.3. We may modify or update this Agreement at any time in accordance with Section 14 below. Your continued use of the Services after such modifications constitutes your acceptance of the modified Agreement.
2. Services and Ordering
2.1. NetHostinger offers various services including, but not limited to: shared hosting, virtual private servers (VPS), dedicated servers, cloud services, domain registration and renewal, reseller hosting, email hosting, website builder tools and other related infrastructure.
2.2. The specific terms (features, pricing, availability, limits) for each Service are set out in the Service Order (the “Order”) you submit and the plan documentation we publish on our website.
2.3. Each Order forms part of this Agreement and references the plan, fees, renewal terms, service limits and any other attachments or schedules we make available.
2.4. We reserve the right to refuse or cancel any Order at our sole discretion prior to activation.
3. Accounts, Registration & User Information
3.1. You must register for an account with accurate, complete and up‑to‐date information. You agree to update your registration information promptly when it changes.
3.2. You are responsible for safeguarding all credentials associated with your account (username, password, API keys, etc.). You accept responsibility for all activities that occur under your account, whether authorized by you or not.
3.3. You must not permit others to use your account without our express permission.
3.4. If you believe your account has been compromised, you must notify us immediately.
4. Fees, Payment & Renewal
4.1. You agree to pay the fees specified in the Order. Unless otherwise stated, all payments are due in advance of the Service term and are non‑refundable except as provided in Section 9 (Refunds & Cancellations).
4.2. Unless you cancel prior to renewal under Section 9, your Service will automatically renew at the then‑current rate for the applicable plan.
4.3. If a payment fails (e.g., due to expired card, insufficient funds, or other reason), we reserve the right to suspend or cancel your Service without further notice.
4.4. All fees are exclusive of applicable taxes, duties or levies. You are responsible for the payment of any such taxes or duties unless you provide a valid tax exemption certificate acceptable to us.
5. Acceptable Use Policy (AUP)
5.1. You must use the Services in compliance with all applicable laws and regulations and the terms of this Agreement.
5.2. Without limiting the foregoing, you must not use the Services to:
a) commit or facilitate any illegal, fraudulent or malicious activity;
b) distribute malware, viruses, ransomware, phishing schemes or other harmful code;
c) infringe or misappropriate intellectual property or privacy rights of others;
d) host/adopt content that is obscene, hateful, discriminatory, harassing, defamatory or otherwise objectionable;
e) send unsolicited bulk email (spam), promote pyramid schemes or conduct unsolicited marketing;
f) interfere with the operation of our network, degrade service to other users or circumvent any usage limits;
g) use the Services in a way that would violate our agreements with third‐party providers, or enable illicit resale or sharing of resources beyond the permitted plan.
5.3. We reserve the right to monitor your use of the Services and to suspend or terminate your account if we believe that you have violated this AUP or this Agreement, at our sole discretion and without liability to you.
6. Service Levels & Support
6.1. We aim to provide reliable Services in accordance with our published service level commitments (if any), but we do not guarantee uninterrupted, error‑free or fully secure operation.
6.2. You are responsible for backing up your data and for implementing any security measures you deem appropriate.
6.3. Support will be provided in accordance with our published support guidelines. We reserve the right to determine the scope and response times of support at our discretion.
7. Data, Content & Intellectual Property
7.1. You retain all rights in any content you upload, publish or transmit using the Services (“User Content”), subject to this Agreement and the AUP.
7.2. You grant us a worldwide, non‑exclusive, royalty‑free, fully paid‑up license to use, copy, store, transmit, display and distribute your User Content solely for the purpose of providing the Services.
7.3. You represent and warrant that you have all rights necessary to grant such license and that the User Content and your use of the Services will not infringe rights of any third party.
7.4. All trademarks, service marks, trade names and logos of NetHostinger and its affiliates, and all related goodwill, are the property of NetHostinger or its licensors. Nothing in this Agreement grants you any right to use NetHostinger’s trademarks or branding without our prior written consent.
8. Privacy & Data Protection
8.1. Our collection, processing and storage of personal data is governed by our Privacy Policy [link], which is incorporated herein by reference.
8.2. You agree to comply with applicable data protection laws (e.g., GDPR, if applicable) when using the Services. If you collect personal data of third parties via the Services, you are solely responsible for compliance with such laws and for obtaining any required consents, disclosures or safeguards.
8.3. In some cases we may act as a data processor or sub‑processor for your personal data; in such case the applicable Data Processing Addendum (DPA) will apply.
9. Refunds, Cancellation & Termination
9.1. Cancellation by You: You may cancel a Service at any time via your control panel or by contacting support. Unless otherwise stated in your Order, cancellation does not automatically entitle you to a refund.
9.2. Refunds: We may offer a refund for certain Services if you request it within thirty (30) days of the initial purchase (or such other period as specified in the Order). Refunds may be subject to conditions (e.g., no excessive usage, no third‑party add‑ons used, etc.). Refunds will not be offered for domain registrations after they are fully processed, nor for Service credits.
9.3. Suspension & Termination by Us: We may suspend or terminate your Service immediately (without refund) if:
a) you breach this Agreement or the AUP;
b) you fail to pay any fees when due;
c) your conduct causes harm to our network or other users;
d) any required regulatory or legal order compels termination.
9.4. Effects of Termination: On termination or expiration of your Service:
a) your access to the Service is terminated;
b) we may delete or otherwise dispose of your data (unless we agree otherwise);
c) you remain liable for all outstanding fees and any costs incurred by us due to your breach.
9.5. No Liability for Data Loss: We are not liable for any loss, corruption or destruction of data following termination or suspension of your Service; it is your responsibility to maintain backups.
10. Disclaimer of Warranties
10.1. The Services are provided “as‑is” and “as‑available” without warranty of any kind, whether express, implied or statutory. NetHostinger expressly disclaims all implied warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose and non‑infringement.
10.2. We do not guarantee that the Services will meet your requirements, that they will be uninterrupted, error‑free or secure, that any defects will be corrected, or that the Services will be free from viruses or other harmful components.
11. Limitation of Liability
11.1. To the fullest extent permitted by applicable law, NetHostinger’s total liability arising out of or related to the Services (whether in contract, tort, statute or otherwise) shall be limited to the greater of (a) the fees you have paid to NetHostinger in the twelve (12) months preceding the claim, or (b) USD 100.
11.2. In no event shall NetHostinger be liable for any indirect, incidental, special, consequential or exemplary damages (including loss of profits, loss of business, data loss, downtime, goodwill, reputation or increased costs) even if advised of the possibility of such damages.
11.3. Some jurisdictions do not allow exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by local law.
12. Indemnification
You agree to defend, indemnify and hold harmless NetHostinger, its affiliates, officers, directors, employees, agents and licensors from and against any and all claims, liabilities, damages, losses, costs or expenses (including attorneys’ fees) arising out of or in connection with:
a) your use of the Services or your Account;
b) your User Content or your breach of this Agreement or the AUP;
c) any violation of law or right of a third party by you or your users.
13. Modification of Services & Agreement
13.1. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice.
13.2. We may also modify this Agreement by posting a revised version on our website. If you continue to use the Services after the effective date of the modification, you agree to the updated Agreement.
13.3. If you do not agree with the modification you must cease using the Services and cancel your account in accordance with Section 9.
14. Governing Law, Dispute Resolution & Jurisdiction
14.1. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction – e.g., Kingdom of Morocco] without regard to its conflict of law provisions.
14.2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of [City/Country], or [alternatively] be resolved by binding arbitration in [Location] in accordance with [Arbitration Rules].
14.3. Notwithstanding the foregoing, you agree that NetHostinger may seek injunctive or other equitable relief in any competent jurisdiction.
15. Severability, Waiver & Miscellaneous
15.1. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision shall be struck and the remainder of the Agreement shall remain in full force and effect.
15.2. The failure by NetHostinger to enforce any right or provision under this Agreement will not constitute a waiver of such right or provision.
15.3. You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent; we may assign or transfer this Agreement in whole or in part without your consent.
15.4. This Agreement, including the Order, the AUP, the Privacy Policy and any other published schedules or policies, constitutes the entire agreement between you and NetHostinger and supersedes all prior or contemporaneous communications, representations or agreements.
16. Contact Information
If you have any questions about this Agreement, you may contact us at:
NetHostinger Principal Office:
30 N Gould St Ste R Sheridan, WY 82801, USA
Email: privacy@palevioletred-stork-997169.hostingersite.com
Phone: +12513160127