Our Hosting & Security Services Terms outline the conditions governing your use of services provided by YouHost, including web hosting, managed environments, VPS, dedicated servers, backups, security features, and support offerings. They define the rights, responsibilities, limitations, and acceptable use requirements applicable to all customers, together with important provisions relating to service performance, account management, data security, and termination. By purchasing or using YouHost’s services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the Universal Terms of Service Agreement.
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YouHost – Hosting & Security Services Agreement
The Universal Terms of Service Agreement (“the Agreement”) sets forth the general terms and conditions of your use of the Site and the Services. This Hosting and Security Services Agreement this (“Service Agreement”) governs your use of YouHost’s Hosting services (“Hosting Services”) and certain security services. Capitalized terms used, but not defined, in this Service Agreement, are defined in the Agreement.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. It is your responsibility to understand and comply with relevant legal and regulatory requirements pertinent to your data and operations. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
If access to a third-party hosting website is required in the provision of any Service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this Service Agreement. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
If you request that we install any Third Party Software (defined below) not provided as part of the Hosting Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity.
Managed Hosting for WordPress may only be used to host a WordPress website. Only a single WordPress installation is allowed per website. Any Managed Hosting for WordPress account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion. Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.
Free Trial hosting credits are subject the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwidth. In the event these limitations are exceeded, your site may slow down or not be served until more resources are added. More resources may be added by upgrading to a paid plan.
You acknowledge and agree that inbound UDP is not supported in shared hosting environments.
In order to be eligible for Website Accelerator, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you may not have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate web hosting plan; and (7) you may not change operating systems.
If you purchased Managed SSL and are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key. For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-YouHost server, request a re-key of the SSL certificate – your current SSL certificate will become invalid and we will issue a new certificate for use on your non-YouHost server.
We will automatically validate, issue and install the new certificate every two years for subscribing customers using our hosting products. Customers using 3rd party hosting products will be required to reinstall the new certificate after we automatically validate and issue a new certificate. We will alert customers when to take action via the product dashboard and email.
You are permitted to assign a representative the authority to (1) sign and submit, or approve a certificate request on your behalf, (2) sign and submit a Subscriber Agreement on your behalf and/or (3) to acknowledge the Terms of Use on your behalf, provided you acknowledge and agree that you are and will remain subject to and bound by all terms and conditions of this Agreement.
Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.
We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working.
We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization). The backups offered with these support plans are snapshots taken on a 10-day cycle. Restores are available upon request and may require an additional fee.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.
You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.
We may install a plugin on your external WordPress site for the purpose of facilitating your WordPress migration into our own Managed Hosting for WordPress environment. This plugin will not change anything on your source site. Its purpose is to facilitate the Hosting Migration of your WordPress files. You are welcome to disable the plugin on your source site after the Hosting Migration has been completed.
We offer a Service uptime guarantee of 99% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
YouHost may provide your personal information or personal information relating to your employees or representatives to third-party providers as required to provide the third-party Software. YouHost reserves the right to modify, change, or discontinue provision of the Software at any time.
YouHost makes no representations or warranties about any third-party Software offered in connection with the Hosting Services, and expressly disclaims any liability.
You will indemnify, defend, and hold harmless YouHost from and against any and all claims imposed upon or incurred by YouHost directly or indirectly arising from your use or misuse of the third-party Software. The providers of the third-party Software are third-party beneficiaries to this Services Agreement for purposes of enforcing their rights under this Services Agreement.
The Hosting Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.
We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Hosting Services. You may not use the Third-Party Software outside of the Hosting Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Hosting Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).
You are responsible for managing and maintaining in good standing any paid subscription and/or account required with a third-party provider. You must cancel or terminate your paid subscription and/or account with the applicable third-party provider and not YouHost.
Your use of the following Software is subject to the applicable linked terms, which are incorporate by reference:
Any use of any Hosting Services involving YouHost’s Dedicated Servers running on the DED4 Platform that involves You storing specially protected data is subject to the following additional terms:
These Managed Website Hosting Terms (“Hosting Terms”) apply to website hosting and associated managed website services supplied by YouHost (“we”, “us” or “our”).
Our hosting service is a managed hosting service and is not offered as a general-purpose or self-managed hosting product.
Unless we agree otherwise in writing:
The managed nature of the Service is a material part of these Hosting Terms. It enables us to control software versions, security practices, resource use and other matters affecting the reliability and security of our hosting environment.
These Hosting Terms should be read together with:
If there is an inconsistency, the applicable proposal or service order prevails in relation to expressly negotiated commercial terms, followed by these Hosting Terms, the applicable schedules and policies, and then general website representations.
No statement on our website, in promotional material or in informal correspondence expands the scope of the Service unless expressly incorporated into a proposal, service order or other written agreement issued or approved by us.
Subject to the Client maintaining a current paid hosting plan, our managed hosting service may include:
The precise inclusions depend on the hosting plan and any written arrangements agreed with the Client.
Where plugin, theme, CMS, framework or other software maintenance is included, we use reasonable efforts to keep supported components appropriately maintained and updated.
The Client acknowledges that it may not always be appropriate or possible to install an update immediately after release.
We may delay, stage, test, defer, replace, disable, remove or roll back an update where we reasonably consider this necessary because of compatibility, stability, security, licensing, operational or other technical considerations.
Accordingly, a reference to software being “managed”, “maintained” or “kept up to date” does not constitute a warranty that every component will at all times be running the most recently released version.
We are not responsible for maintaining any plugin, theme, code, API, integration, extension or other component that:
We may require an unsupported component to be replaced, removed or redeveloped. Unless covered by an existing maintenance agreement, that work may be separately chargeable.
Our hosting servers are production environments intended for the operation of live websites.
They are not:
The Client must not store on the production hosting environment any material that is not reasonably required for the current operation of the live website.
Without limitation, this includes:
Where we identify material described above, we may remove it where reasonably necessary to protect server capacity, security, backup integrity or system performance.
Where reasonably practicable and where there is no urgent technical or security reason for immediate removal, we may notify the Client before removal.
However, the Client acknowledges that production server space is not an archival service and that we do not accept responsibility for maintaining prohibited or non-production files as stored assets.
The Client must maintain any archive it wishes to preserve outside our production hosting environment.
Files that are themselves backups, archives, snapshots, exports or redundant copies may be:
We are not required to use server capacity to repeatedly make backups of files whose purpose is themselves to constitute a backup.
Where included in the Client’s plan, we arrange backups of the production website as an operational disaster-recovery measure.
Backup frequency and retention vary according to the hosting plan and technical configuration.
Depending on the applicable Service, backups may be retained for approximately 1 to 14 days.
Daily backups apply only where included in the particular plan or specifically arranged with us in writing.
Backup retention is rolling. Older restore points may therefore be automatically overwritten, rotated or deleted as new backups are created.
A stated retention period describes the intended backup configuration and is not a promise that a particular individual restore point will remain available indefinitely.
We use reasonable care in providing the managed backup service, but backup systems can fail or become unusable due to matters including:
Except to the extent required by law, we do not warrant that every backup job will complete successfully or that every backup will contain every file, be free from corruption or be capable of successful restoration.
Our managed backup system is designed principally to assist us in operating and recovering the hosted website.
It should not be treated as the Client's sole permanent archive of irreplaceable business information.
Where the website contains information that the Client is legally, commercially or operationally required to preserve independently, the Client must maintain an appropriate independent copy or retention system for that information.
Restoration from an available managed backup is subject to:
Restoration may cause information generated after the selected backup point to be lost.
We may require the Client to approve a restoration where restoring the website could overwrite newer information.
Extensive, repeated or Client-requested restorations arising from matters outside our management responsibility may be charged separately.
We use reasonable technical and operational measures intended to reduce website security risks, which may include security software, malware scanning, firewalls, access controls, patching and other measures selected by us.
Security tools and processes form part of risk management. They do not make a website immune from attack.
The Client acknowledges that no internet-connected website, server, plugin, application or security product can be guaranteed to be completely secure.
Except to the extent required by law, we do not warrant that:
Where we reasonably believe that a website, account, file, plugin, script, credential or integration presents a security risk, we may take proportionate steps to protect the affected website and hosting infrastructure, including:
Where circumstances permit, we will use reasonable efforts to minimise unnecessary disruption.
The Client must not intentionally disable, circumvent or interfere with security, update, backup, monitoring or access-control systems installed or configured by us.
If the Client or a third party engaged by the Client is given administrative access and makes changes contrary to our recommendations or without our approval, we may:
Unless a separate written service level agreement expressly states otherwise, we do not guarantee 100% uptime or uninterrupted access to the website.
The Service may from time to time be unavailable because of planned maintenance, emergency maintenance, upgrades, software failures, hardware failures, telecommunications problems, internet routing issues, DNS failures, cyberattacks, third-party provider incidents or other events.
We may perform maintenance, upgrades, migrations, security work or infrastructure changes where reasonably required.
Where practical, planned work that is expected to materially affect a website will be scheduled to minimise disruption.
Urgent security or technical maintenance may be performed without advance notice.
We may use third-party data centres, cloud providers, networks, DNS providers, security providers, software vendors, control panels, backup providers and other suppliers.
Our Service is therefore dependent in part upon systems and services that are not entirely within our direct control.
We are not responsible for a third-party provider's acts or omissions except to the extent that responsibility cannot lawfully be excluded or limited.
The Client must notify us within a reasonable period after becoming aware of a material hosting problem.
We must be given reasonable access and a reasonable opportunity to investigate and remedy the issue.
Hosting resources must be used for the normal operation of the Client's approved live website.
A website must not consume resources at a level that materially threatens the stability, security or reasonable operation of our infrastructure or other hosted websites.
Where a website generates materially excessive CPU, memory, disk, database, bandwidth, email, process or other resource usage, we may reasonably:
Where practicable, we will give the Client an opportunity to remedy persistent resource issues before terminating the Service.
The Client is responsible for:
As between us and the Client, ownership of Client-supplied content remains with the Client or its applicable owner.
The Client grants us a non-exclusive, worldwide, royalty-free licence for the duration of the Service to host, copy, reproduce, transmit, cache, backup, restore, modify where technically necessary and otherwise process Client content solely to the extent reasonably required to provide, maintain, secure, migrate and support the Service.
The Client warrants that it has all rights, authorities and permissions required for us to host and process the Client content in accordance with these Hosting Terms.
We may temporarily suspend or restrict all or part of the Service where reasonably necessary because:
Where the circumstances reasonably permit, we will notify the Client and provide an opportunity to remedy a remediable breach before permanent termination.
Immediate suspension may occur where delay would reasonably increase a security, legal, infrastructure or third-party risk.
The Client may cancel the hosting service in accordance with its applicable service term and cancellation arrangements.
Amounts already accrued remain payable.
We may terminate the Service:
Hosting is not permanent storage.
Following expiry or termination of the hosting Service, we may disable access to the website and delete website data from active hosting infrastructure after a reasonable operational period.
Unless we have expressly agreed otherwise in writing, we are not required to retain a former Client's website indefinitely following termination.
Any managed backups associated with a terminated account may also expire, rotate or be deleted.
The Client should request any required handover or export before termination takes effect.
Where termination results from malware, unlawful content, deliberate abuse, fraud, a serious security incident or conduct creating an immediate material risk, access may be restricted before a copy of the website is supplied.
Where we agree to migrate a website or related services from another provider, migration is undertaken on a reasonable-efforts basis.
Different hosting systems, database versions, DNS configurations, email systems, software versions, proprietary platforms and security controls may prevent complete or error-free migration.
We do not guarantee that every component can be transferred or that the migrated website will behave identically to the previous environment.
We are not responsible for:
The Client must promptly review any migrated website and notify us of material discrepancies within a reasonable period.
The website may rely upon third-party products including plugins, payment gateways, APIs, DNS systems, domain registries, email systems, security services, analytics systems, social media platforms and other external services.
We do not control those providers.
A third-party provider may change, restrict, discontinue, suspend or alter its products, terms, APIs, prices or functionality.
Where such a change affects the website, additional work may be required and may be chargeable unless included within an existing support arrangement.
Nothing in these Hosting Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
Subject to those non-excludable rights, and to the maximum extent permitted by law:
Where the Australian Consumer Law permits us to limit our liability for a failure to comply with an applicable consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option and to the extent permitted by law, to:
To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss arising from the Service.
Without limiting the foregoing and subject to applicable law, we are not liable for loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, loss of goodwill or business interruption to the extent that such loss is indirect or consequential.
Subject to applicable law, we are not liable to the extent loss is caused or contributed to by:
Subject to clause 14 and any liability that cannot lawfully be excluded or limited, our aggregate liability arising out of or in connection with the hosting Service during any twelve-month period is limited to the total hosting and managed-service fees actually paid to us for the affected website during the twelve months immediately preceding the event giving rise to the claim.
Where the Service has been supplied for less than twelve months, the cap is the amount actually paid for the affected Service during that shorter period.
This limitation does not apply to the extent it would be unlawful or unenforceable in the particular circumstances.
Our liability will be reduced to the extent that an act or omission of the Client, its personnel, its contractors, or a third party under the Client's control caused or contributed to the relevant loss.
To the extent permitted by law, the Client indemnifies us against third-party claims, losses and reasonable external costs arising directly from:
The indemnity does not apply to the extent that the relevant liability was caused by our negligence, wilful misconduct or breach of law.
The managed hosting fee does not necessarily include substantial remediation or redevelopment work resulting from:
Where reasonably practicable, we will advise the Client before undertaking material separately chargeable work.
Technology, security threats and third-party infrastructure change over time.
We may make reasonable technical or operational changes to the hosting platform where necessary to maintain security, performance, compatibility or service continuity.
A change that materially reduces the principal functionality of the Client's paid Service will not be made merely for convenience without reasonable notice where notice is practicable.
The Client must keep its primary contact and billing details current.
Operational and contractual notices may be sent to the Client's most recently nominated email address.
The Client is responsible for monitoring that address.
Nothing in the hosting relationship creates a partnership, joint venture, employment, fiduciary or agency relationship between the parties.
If a provision of these Hosting Terms is invalid or unenforceable, it is to be read down to the minimum extent necessary where possible.
If it cannot be read down, it is severed and the remaining provisions continue to operate.
A failure or delay by either party to exercise a right does not constitute a waiver of that right.
A waiver in one instance does not constitute a continuing waiver.
These Hosting Terms, the relevant service order or proposal and the documents expressly incorporated into them constitute the agreement relating to the managed hosting Service and supersede prior representations relating to the scope of that Service.
These Hosting Terms are governed by the laws of New South Wales, Australia.
The parties submit to the courts of New South Wales and courts having appellate jurisdiction from them, subject to any law that requires otherwise.
Any exclusion, limitation, suspension right, indemnity or other protective provision in these Hosting Terms applies only to the maximum extent permitted by applicable law.
Nothing in these Hosting Terms is intended to exclude a right or remedy that cannot lawfully be excluded.
YouHost provides managed hosting for websites developed or expressly approved by us.
Our servers are configured and maintained as production website environments.
They are not supplied as:
The Client must use hosting resources only for the operation of its approved live website and associated production functionality.
The Client must not use the hosting account to store backups or archives.
Examples include:
Our managed backup system is intended to back up the current production website.
We are not required to consume backup storage and server resources making repeated copies of files that are themselves backups or archives.
Accordingly:
The Client must retain any backup or archive it wants preserved in a separate storage system designed for that purpose.
The hosting fee is not a fee for custody or preservation of Client archives.
Except to the extent required by law, YouHost does not accept responsibility for the loss of files that:
This clause does not remove any responsibility we have under applicable law in respect of the managed hosting and backup services we have expressly agreed to provide.
A Client must not use the website in a manner that materially interferes with the reasonable performance, security or capacity of the hosting platform.
We may investigate and take proportionate action where a website materially exceeds reasonable resource use, including:
Because backups form part of our managed service, the Client must not install or operate a server-intensive backup plugin or automated backup system without our approval.
A backup system that repeatedly creates large local archives can:
We may disable or remove such functionality where reasonably necessary to protect the website or hosting environment.
The Client must not, without our approval:
Where we reasonably believe a website has been compromised or poses a security risk, we may immediately isolate or restrict the website while the issue is investigated.
This can include:
Such action is protective action and is not, by itself, evidence of a failure of the managed hosting Service.
Our managed service relies on our ability to maintain a controlled environment.
Where the Client gives another developer, contractor or third party access to the website, the Client is responsible for that person's actions.
Where unauthorised or undocumented changes materially interfere with our management of the website, we may require remediation before continuing to support the affected component.
Remediation outside the agreed managed-service scope may be separately charged.
Unless expressly included in the applicable service order, website hosting and any associated email service do not constitute an email archival, records-management or long-term message-retention service.
The Client is responsible for maintaining any independent copies, archives or retention systems required for its email, correspondence and business records.
The Client is also responsible for complying with any legal, regulatory, accounting or industry-specific obligations requiring emails or other communications to be retained for a particular period.
The Client must not use YouHost hosting infrastructure, website hosting accounts, server mail functions or ordinary hosted email accounts for bulk email sending.
This includes, without limitation, mass marketing emails, large newsletter distributions, bulk promotional campaigns, automated mailing lists, high-volume notification campaigns, purchased or scraped mailing lists, repeated mailouts to large recipient lists, unsolicited commercial email, or any other activity that we reasonably consider to constitute bulk or mass email delivery.
Ordinary transactional and day-to-day business email is permitted, subject to reasonable usage and applicable law.
Examples of ordinary transactional email may include website enquiry notifications, order confirmations, password reset emails, appointment confirmations, account notifications and normal one-to-one business correspondence.
Our hosting and email infrastructure is designed primarily to support websites and ordinary business communications. It is not designed to operate as a dedicated bulk-mail delivery platform.
Bulk email sending can materially increase the risk of server resource exhaustion, delivery delays, excessive mail queues, provider rate limiting, spam complaints, abuse complaints, IP reputation damage, domain reputation damage, email blacklisting and temporary or permanent blocking by major email providers.
Multiple websites and services may operate within the same or related IP ranges. If one Client sends bulk or spam-like email and causes an IP address or IP range to develop a poor sending reputation or become blacklisted, legitimate email sent by other Clients may also be delayed, rejected, filtered into spam folders or blocked.
For this reason, restrictions on bulk email sending are necessary to protect the integrity, reputation, security and deliverability of our broader hosting environment and to protect other Clients using the same or related infrastructure.
Spam is not acceptable under any circumstances.
The Client must not use our Services to send, facilitate, relay or support unsolicited bulk email, unlawful commercial electronic messages, phishing emails, misleading or deceptive email campaigns, messages sent to purchased or harvested address lists, messages sent without appropriate consent where consent is required, messages that conceal or falsify sender information, or repeated communications to recipients who have opted out or withdrawn consent.
The Client remains responsible for ensuring that its email marketing and electronic communications comply with all applicable laws and industry requirements.
Clients wishing to send newsletters, marketing campaigns or other bulk communications must use a dedicated email marketing or transactional email platform designed for that purpose.
Suitable systems include specialist email marketing platforms, newsletter services, transactional email providers, customer relationship management systems with compliant mailing functionality, or other dedicated bulk-mail delivery services approved for that purpose.
These systems are specifically designed to manage high-volume delivery, sender reputation, unsubscribe requests, bounce handling, complaint processing, consent management, suppression lists, authentication, delivery monitoring and other controls required for bulk communication.
Using a dedicated mail delivery platform separates high-volume email activity from the website hosting environment and reduces the risk that marketing activity will adversely affect the deliverability of normal website and business email.
Where we reasonably believe an account is being used for bulk email sending, spam, excessive mail activity or other conduct that may adversely affect our infrastructure, IP reputation, provider relationships or other Clients, we may take immediate protective action.
This may include restricting outgoing email, imposing sending limits, disabling website mail functions, blocking scripts or plugins responsible for excessive sending, temporarily suspending the affected email account, temporarily suspending part or all of the affected hosting Service, requiring the Client to migrate bulk sending to an appropriate third-party mail platform, or terminating the affected Service in cases of serious, repeated or deliberate misuse.
Where reasonably practicable, we will notify the Client of the issue. However, immediate restrictions may be applied without prior notice where we reasonably consider this necessary to protect server stability, sending reputation, IP ranges, infrastructure providers or other Clients.
Subject to applicable law, we are not responsible for loss, delay, failed delivery, interruption or other consequences arising from reasonable restrictions imposed because the Client has used the Service for prohibited bulk email sending, spam or excessive email activity.
The Client is responsible for any reasonable remediation work required as a result of its email activity, including investigating abuse, removing malicious or excessive sending scripts, configuring an appropriate third-party mail provider, restoring website mail functionality, addressing blacklisting, correcting authentication records or otherwise repairing issues caused by prohibited email activity.
Such work may be separately chargeable where it falls outside the scope of the Client's managed Service.
We will generally take action proportionate to the issue.
Where practicable, non-urgent issues will be raised with the Client before material action is taken.
Immediate action may be taken where reasonably necessary to address:
Use of the managed hosting Service is conditional upon compliance with this Production Server and Acceptable Use Policy.
This Policy forms part of the applicable Managed Website Hosting Terms.
YouHost does not generally sell unmanaged hosting accounts to the public.
Our hosting plans are principally available for websites that we have developed or expressly agreed to manage.
This enables us to maintain greater control over:
The Client acknowledges that this controlled managed-service model is a material reason we agree to host the Client's website.
Where included in the Client's hosting plan, we manage supported website software using reasonable technical and professional care.
This ordinarily includes management of supported:
“Managed”, “maintained” or “kept up to date” means that we oversee the update process and use reasonable judgment about when and how supported updates should be deployed.
It does not mean that every update is installed immediately upon release.
An update may be delayed, tested, deferred, rolled back, substituted or not installed where reasonably appropriate because of:
Where software can no longer reasonably be supported, we may recommend replacement or redevelopment.
We maintain security measures appropriate to the managed Service and hosting environment.
Depending upon the website and hosting configuration, these measures may include:
Internet security involves continuously changing threats.
The presence of managed security therefore means that reasonable security controls are being maintained; it does not mean that the website is guaranteed never to experience:
Where an incident occurs, our responsibility is determined by the agreed scope of the managed Service and applicable law, rather than by the mere fact that an attack occurred.
Where included in the hosting plan, we maintain rolling website backups for operational recovery.
The applicable backup arrangement may vary according to the Service purchased.
Typical retention may range from approximately:
Daily backups are provided where:
A Client requiring a particular recovery-point objective, retention period or backup frequency must have that requirement recorded in writing.
Our managed website backup process is intended to capture the production website components reasonably required to restore the website, which may include:
subject to the technical configuration of the Service.
Managed backups are a disaster-recovery feature of the hosting Service.
They are not:
Files stored within the production website that are themselves backups may be excluded from backup.
Examples include:
We are not required to back up backup files.
These files may also be removed from the production server in accordance with our Production Server and Acceptable Use Policy.
Backup retention is rolling rather than permanent.
This means that as new restore points are generated, older restore points are automatically removed.
A fourteen-day configuration, for example, should not be understood as fourteen permanent archives. It is a rolling recovery window.
Restoration is dependent upon an appropriate usable restore point being available.
A restoration can also overwrite newer website information created after the selected restore point.
Examples include:
We may therefore require Client approval before performing a restoration where there is a material risk of overwriting newer data.
If particular data is critical to the Client's business or must be retained for a specific legal, accounting, regulatory or commercial period, the Client must inform us of that requirement.
Unless we expressly agree to provide an archival or retention service in writing, the Client remains responsible for arranging the appropriate independent record-retention solution.
A Client may request arrangements beyond the standard Service, such as:
Any such service must be expressly agreed in writing and may incur additional fees.
| Hosting type | Managed production website hosting only. |
|---|---|
| Public unmanaged hosting | Not offered as part of this Service. |
| Software management | Supported website components managed using reasonable professional and technical judgment. |
| Security | Managed security measures maintained; no guarantee of immunity from cyberattack. |
| Website backups | Rolling managed backups according to the applicable plan. |
| Typical retention | Approximately 1–14 days depending on the Service. |
| Daily backup | Only where included or arranged in advance. |
| Permanent archival storage | Not included. |
| Production server backup-file storage | Not permitted. |
| Backups of backup/archive files | Not required and may be excluded. |
| Independent business-record retention | Client responsibility unless specifically contracted otherwise. |
Last Updated: 18 August 2026
These General Terms of Service (“Terms”) apply to services supplied by YouHost (“YouHost”, “YouHost”, “we”, “us” or “our”) to the person or entity acquiring those services (“Client”, “you” or “your”).
These Terms operate together with any proposal, quotation, statement of work, project brief, service order, managed hosting terms, acceptable use policy, service schedule, privacy policy or other document expressly incorporated into the agreement between us and the Client.
By instructing us to commence work, accepting a proposal or quotation, paying an invoice or deposit, renewing a Service, accessing a Service, or continuing to use a Service, the Client acknowledges that it has had an opportunity to review and agrees to be bound by these Terms.
A person accepting these Terms on behalf of a company or other entity warrants that they have authority to bind that entity.
These Terms may apply to services including:
Additional terms may apply to particular Services.
If documents forming part of the agreement are inconsistent, the following order applies unless expressly agreed otherwise in writing:
A specific written statement concerning the Client's particular project prevails over a general statement to the extent of any direct inconsistency.
The documents forming the agreement constitute the entire agreement concerning the relevant Services and replace prior discussions, representations and understandings relating to those Services.
The Client acknowledges that it has not relied upon a promise, representation or warranty that is not expressly contained in the agreement, except to the extent applicable law provides otherwise.
We may amend, replace or update these Terms and incorporated policies from time to time to reflect matters including:
The current version of these Terms will be made available through our website or another location we nominate.
The “Last Updated” date may be changed when a revised version is published.
Clients using ongoing or recurring Services are responsible for reviewing the current Terms periodically.
Continued use or renewal of a Service after updated Terms take effect constitutes acceptance of those updated Terms to the extent permitted by law.
Where an amendment materially and adversely changes an existing Client's substantive rights or obligations, we may provide additional notice where reasonably appropriate or where required by law.
Unless required by law or expressly agreed otherwise, amendments do not retrospectively alter rights or liabilities that had fully accrued before the amended Terms became effective.
Nothing in this clause permits us to amend an agreement in a manner prohibited by applicable law or removes a notice requirement that cannot lawfully be excluded.
The Client must provide information that is accurate, complete and reasonably current.
We may rely upon information and instructions supplied by:
The Client must maintain a current primary email address and other relevant contact details.
The Client bears responsibility for consequences arising from its failure to update contact information, except to the extent caused by our own breach or negligence.
We are not required to independently verify every instruction apparently given by an authorised person.
Where an instruction appears unusual, inconsistent, fraudulent or potentially harmful, we may delay acting while seeking confirmation.
The Client is responsible for maintaining appropriate security over credentials within its possession or control.
The Client must not:
Where reasonably available and appropriate, the Client should use multi-factor authentication.
We may require multi-factor authentication for particular systems or administrative access.
The Client must notify us promptly upon becoming aware of:
Where we reasonably suspect compromise or unauthorised access, we may take proportionate protective action including:
The scope of a website development, redevelopment or other project is determined by the applicable proposal, quotation, project brief or statement of work.
Anything not expressly included is outside scope unless subsequently agreed.
Changes requested after commencement may:
We may provide a separate quotation or charge additional work at our applicable rate.
The Client must provide required content, approvals, credentials, images, information and feedback within a reasonable period.
Project timelines may be extended where delays result from the Client or its third parties.
We use reasonable care when developing and testing websites and software.
The Client is also responsible for reviewing and testing the completed work in the context of its own business requirements.
The Client must notify us of material errors within any acceptance or warranty period expressly stated in the applicable proposal.
Unless expressly agreed otherwise, we do not guarantee compatibility with:
Our Services may use or depend upon third-party products and services including:
Third-party providers are outside our direct control.
They may change:
We do not warrant that a third-party product will remain available or unchanged.
Where a third-party change requires material modification, redevelopment, migration or reconfiguration, that work may be separately chargeable unless expressly included in an ongoing Service.
The Client may also be required to comply with applicable third-party licence terms or service agreements.
Search engines are independent third parties whose algorithms, policies, indexing systems and ranking decisions are outside our control.
We therefore do not guarantee:
Search engines may alter algorithms, policies and ranking methodologies without warning.
Rankings can increase or decrease because of circumstances unrelated to any failure by us to perform the agreed SEO Services.
Where we provide SEO Services, we generally use methods intended to comply with accepted search-engine practices.
No statement concerning expected ranking improvement constitutes a guarantee unless expressly stated as such in a signed agreement.
SEO performance can be affected by changes made by:
We are not responsible to the extent that loss of ranking or performance results from changes outside our control.
SEO can be adversely affected by website downtime, technical faults, malware, DNS errors, hosting failures and other availability problems.
Where an SEO Service is materially prevented by an issue outside our control, performance deadlines may be reasonably extended.
Where we manage advertising or digital marketing:
The Client is responsible for content, products, claims, offers and information that it supplies, approves or instructs us to publish.
The Client warrants that it has all rights and permissions reasonably necessary for us to use Client-supplied:
Unless expressly engaged to provide specialist compliance advice, the Client remains responsible for determining the legal and regulatory requirements applicable to its business and website.
This may include requirements relating to:
Our website, technical, SEO and marketing Services do not constitute legal, tax, accounting or regulatory advice.
Where compliance is important, the Client should obtain advice from an appropriately qualified professional.
The Client retains ownership of intellectual property it owned before supplying it to us.
The Client grants us a non-exclusive licence to use Client materials to the extent reasonably necessary to perform the Services.
We retain ownership of our pre-existing and reusable intellectual property including:
Third-party software and materials remain subject to the rights and licences of their respective owners.
Rights in project-specific deliverables are governed by the applicable proposal or statement of work.
Unless expressly stated otherwise, ownership or any agreed assignment of project-specific deliverables is conditional upon payment in full of all amounts due for that project.
Supply or transfer of a website does not automatically transfer ownership of our internal tools, proprietary development systems, reusable software or third-party licensed materials.
The Client must pay invoices by the due date specified on the invoice.
Except where required by law, amounts due must be paid without deduction or set-off.
Where an invoice remains overdue, we may:
For recurring Services, we may change pricing from time to time.
Revised pricing will ordinarily apply from a future renewal or billing period.
Any notice required by applicable law or an agreed service arrangement will be provided.
Where a third-party provider increases a licence, platform, domain, software or infrastructure fee, we may pass on that increase where reasonably attributable to the Client's Service.
Where a Service is identified as recurring or automatically renewing, it may renew automatically until cancelled in accordance with the applicable cancellation process.
The Client authorises us or our payment provider to process applicable recurring charges using an authorised payment method where recurring payment authority has been provided.
It remains the Client's responsibility to cancel a Service it no longer requires.
Cancellation must be made using the cancellation method we nominate for the applicable Service.
A cancellation is not effective merely because the Client:
Where advance notice is required for a particular recurring Service, that requirement will be stated in the applicable Service terms, proposal or billing arrangement.
Amounts properly incurred before cancellation remain payable.
Third-party fees, domain renewals, licences or other non-recoverable charges already committed on the Client's behalf may remain payable.
Where we assist with a domain name, the registration remains subject to applicable registry, registrar and governing-body policies.
We cannot guarantee:
The Client is responsible for maintaining accurate registrant information and complying with applicable registration rules.
Operational notices may be sent to the Client's most recently nominated email address, through our support system, billing system or Client portal.
The Client is responsible for keeping those contact details current.
Formal notices required by law will be given in the manner required by that law.
General notices concerning updated policies, routine Service information, planned maintenance, general technical changes and updates to these Terms may be published on our website or communicated electronically where permitted.
These Terms are governed by the laws of New South Wales, Australia.
Subject to any mandatory legal entitlement to bring proceedings elsewhere, the parties submit to the jurisdiction of the courts of New South Wales and courts having appellate jurisdiction from them.
The version published by YouHost as current at the relevant time will apply to ongoing Services from its stated effective date, subject to:
Clients receiving ongoing Services are responsible for periodically reviewing the current version of these Terms.
Last Updated: 18 August 2026
The Client must not use our Services for unlawful purposes or in a manner that creates an unreasonable risk to us, our infrastructure, suppliers, personnel or other customers.
Prohibited conduct includes:
Where managed hosting is supplied, the production server is for operation of the approved live website.
Unless expressly agreed otherwise, production hosting must not be used as:
The Client must not materially interfere with the operation or security of our systems or those of our suppliers.
Where usage becomes materially excessive or threatens platform stability, we may reasonably:
We are not required to allow one website or account to materially impair services provided to others.
The Client must comply with applicable anti-spam laws.
We may restrict or suspend messaging functionality where we reasonably believe it is:
We may cooperate with legitimate abuse investigations, service providers, regulators and law enforcement where reasonably required or legally authorised.
No internet-connected system can be guaranteed to be immune from:
Where we reasonably believe a Service poses a security risk, we may take proportionate protective action including:
Where practicable, we will minimise unnecessary disruption.
Where a security incident results from Client changes, Client credentials, Client-appointed contractors or other matters outside our management responsibility, remediation may be separately chargeable.
Where we provide managed hosting, our separate Managed Website Hosting Terms and Managed Hosting, Backup and Security Schedule apply.
In particular:
If there is an inconsistency between this clause and the Managed Website Hosting Terms, the Managed Website Hosting Terms prevail for hosting matters.
We may reasonably suspend or restrict a Service where:
Where reasonably practicable, we will provide an opportunity to remedy a remediable breach before permanent termination.
Immediate action may be taken where delay would materially increase risk.
We may terminate an affected Service where:
Termination does not extinguish payment obligations or other rights that accrued before termination.
Unless otherwise agreed in writing, we are not a permanent custodian of Client website data following termination.
Following cancellation or termination:
The Client should arrange any required export or handover before termination takes effect.
We may refuse to commence a new Service where we reasonably determine that:
The Client and its representatives must communicate with our personnel in a lawful and professional manner.
We may restrict communication channels or, in serious or repeated cases, suspend or terminate Services where a person engages in:
A reasonable complaint, disagreement, criticism, dispute or exercise of a legal right does not itself constitute abusive conduct.
Last Updated: 18 August 2026
Unless an express service level agreement states otherwise, we do not guarantee uninterrupted or error-free availability.
Services may be affected by:
We will use reasonable efforts to address incidents falling within our agreed responsibility.
Neither party is liable for delay or failure to perform an obligation to the extent caused by circumstances outside that party's reasonable control, except that this clause does not excuse payment of amounts already due.
Such circumstances may include:
The affected party must resume performance within a reasonable period after the relevant impediment ceases.
Subject to those rights and to the maximum extent permitted by law:
Where applicable law permits liability for a failure concerning services to be limited, our liability is limited, at our option and to the extent permitted by law, to:
To the maximum extent permitted by law, we are not liable for indirect or consequential loss.
Subject to applicable law, this includes indirect or consequential:
Nothing in this clause excludes liability that cannot lawfully be excluded.
Subject to applicable law, we are not liable to the extent a loss is caused or contributed to by:
Where the affected Service has been supplied for less than 12 months, the cap is the amount actually paid for that Service during that shorter period.
Where a claim relates to a one-off project rather than a recurring Service, the cap is the amount actually paid to us for the particular project giving rise to the claim.
This limitation applies to the maximum extent permitted by law, whether a claim is framed in contract, negligence, tort, statute or otherwise.
Our liability is reduced to the extent that the Client, its personnel, contractors or another person under its control caused or contributed to the relevant loss.
The Client must take reasonable steps to mitigate any loss once it becomes aware of an issue.
To the extent permitted by law, the Client indemnifies YouHost and its officers and employees against third-party claims and reasonable external costs arising directly from:
The Client's indemnity does not apply to the extent that the relevant liability was caused by our negligence, wilful misconduct or breach of law.
We are not the seller or supplier of the Client's products or services merely because we design, host, maintain, advertise or otherwise support the Client's website.
The Client remains responsible for:
Subject to the Client Indemnity provisions, the Client is responsible for third-party claims arising from the Client's own products, services, statements or conduct.
Technology, legislation, industry practices and web standards change over time.
We may recommend changes to a website because of:
Unless the work is included in an existing Service, such changes may be separately quoted.
Except where we have expressly contracted to provide continuing legal or regulatory compliance monitoring, the Client remains responsible for determining whether its website complies with requirements applicable to its business.
Our failure to identify a legislative, regulatory or industry change does not make us the Client's legal or compliance adviser.
Each party must use reasonable care to protect confidential information received from the other party and must use it only for purposes connected with the Services.
This obligation does not apply to information that:
We may disclose information to employees, contractors and service providers where reasonably necessary to provide the Services, subject to appropriate obligations or applicable privacy requirements.
Personal information will be handled in accordance with our applicable Privacy Policy and applicable law.
The Client is responsible for ensuring that it has authority to provide personal information to us where that information relates to its employees, customers, users or other third parties.
We may use employees, contractors, related entities and third-party suppliers to perform portions of the Services.
Use of subcontractors does not itself relieve us from obligations that applicable law requires us to perform.
The Client must not assign its agreement with us without our prior written consent, which will not be unreasonably withheld where an assignment would not materially increase our risk.
We may assign or novate our rights and obligations as part of a bona fide sale, restructure or transfer of our business, subject to applicable law.
Nothing in the agreement creates a partnership, joint venture, employment relationship, fiduciary relationship or general agency between the parties.
Neither party may bind the other except where expressly authorised.
A failure or delay in exercising a right does not constitute a waiver of that right.
A waiver in one instance does not constitute a continuing waiver.
If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary to make it valid where possible.
If it cannot be read down, it is severed and the remaining provisions continue to operate.
Provisions concerning:
survive expiry or termination.
Headings are provided for convenience and do not limit interpretation.
“Including” and similar expressions do not limit the words preceding them.
A reference to a person includes a company and other legal entity where the context permits.
A reference to legislation includes amendments and replacement legislation.
If any exclusion, limitation, indemnity or other risk-allocation provision cannot lawfully operate to its full extent, it applies to the maximum extent permitted by law.
By purchasing, renewing, instructing us to perform, or continuing to use the Services, the Client acknowledges that:
