Terms of Service

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

YouHost – Hosting & Security Services Agreement

  1. Overview

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.

  1. DESCRIPTION OF SERVICES
    • Web Hosting: Web Hosting plans place your site within one or more servers. Resources are shared between many customers on the same servers; however, your site is given a unique address (DNS)
    • Business Hosting: Managed Hosting plans, you get all of the benefits of having your own VPS or Dedicated Server, but we will manage the server for you including setting up your control panel, patching cycles and back-ups
    • Managed Hosting for WordPress: Managed Hosting for WordPress plans give you a streamlined and optimized experience to build and manage WordPress sites. We handle the basic hosting administrative tasks, including: installing WordPress, automated daily backups, WordPress core updates and server-level caching
    • Virtual Private Server (“VPS”): VPS plans place your site within a server shared with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address
    • Dedicated Server: Dedicated Server plans reserve an entire server exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers
    • Managed Support: Managed Support plans are monthly subscription plans that provide you with root/administrative access to the service and Plesk or cPanel. We handle core patching, security, monitoring and backups. Additional configurations and installations can be performed for an additional fee
    • Fully Managed Support: Fully Managed Support plans are monthly subscription plans that provide you with the option to enable root/administrative access and we will handle core patching, security, monitoring, and backups. Additional Expert Services are included with the subscription
    • Hosting Premium Support/Expert Services: Hosting Premium Support/ Expert Services (“Expert Services”) are additional custom support services available for a set fee. These Expert Services can provide assistance if you need an experiences server administrator for complicated tasks, including: optimizing databases, configuring firewalls, or moving content
    • Hosting Backup: Hosting backup and plans save all your website files to the cloud once per day. Storage limits may apply based upon the backup plan that you have purchased. These backup and restore services are available with website hosting plans and may be available for an additional fee with our other hosting service plans. For hosting backup services available as part of a Hosting subscription plan, those services will be canceled if the Hosting subscription plan is canceled.
  2. ACCOUNT TERMINATION; LIMITATIONS
  1. Migration of Servers: You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
  2. Termination of Hosting Services: You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP addresses and server names assigned to you in connection with Hosting Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we will delete all such content and we will not be able to provide a copy of such content.
  3. Free Products Credits: Upon termination of the Hosting Services, all free products provided as part of the Hosting Services will be cancelled or revoked.
  4. Notice Regarding Licensed Images on Migration or Export (where available): Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for YouHost hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that YouHost does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
  5. Storage Capacity: The total amount of usable storage capacity for your particular Hosting Service(s) may differ from the represented capacity, as there is required space for the operating system(s), system file(s), and other supporting file(s). Additionally, Hosting Backup plans may have storage limits.
  6. Support and Functionality: To ensure continued support and functionality of our products, features, or software that have reached end-of-life by third-party vendors, YouHost may offer unpaid or paid support and patches either directly or through third-party vendors. For more detailed information please refer to our help article on extended support options.
  1. YOUR OBLIGATIONS; REPRESENTATIONS AND WARRANTIES
  1. Justification. You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Hosting Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.
  2. Abusive Activities and Other Threats. You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, YouHost, our customers, or third-parties. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that YouHost reserves the right to scan your hosted account for malicious content (e.g., malware), and that, in the event any such content is discovered, YouHost may take whatever steps it deems reasonably necessary to mitigate or remediate any security threat relating to such malicious content, including but not limited to disabling access to your account, or removing your hosted account entirely.
  3. Storage and Security. You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers, including, but not limited to, managing user identities and permissions, implementing strong authentication mechanisms, and monitoring access logs and properly configuring security settings within the hosting environment, including firewalls, SSL certificates, and other protective measures.

    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.

  4. Website/Server Content. You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text, all of which is User Content as defined in the Universal Terms of Service Agreement. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services.

    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.

  1. PROVISIONS SPECIFIC TO WEB, BUSINESS AND MANAGED HOSTING FOR WORDPRESS
  1. Storage and Plan Limits. All Web Hosting and Managed Hosting for WordPress plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts, and all plans are limited to no more than 100GB of disk storage. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion. All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO. 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 for additional fees.

    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.

  2. Website Metrics. As part of the Service, and for continued improvement, you are opted into Real User Metrics (RUM) and Google Core Web Vitals (CWV). This allows us to identify internal bottlenecks and optimization opportunities by inserting a small snippet of JavaScript code into customer websites. The snippet of JavaScript code allows us to measure and track the performance of your website and collects information such as connection time and page load time. We don’t collect any user information with RUM. The data we collect allows us to improve our systems, optimize DNS resolution, improve network routing and server configurations.
  3. Website/Server Content. Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.
  4. Unlimited Disk Space/Bandwidth/Website Plans. Web Hosting and Managed Hosting for WordPress plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
  5. Website Accelerator Service. Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

    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.

  1. PROVISIONS SPECIFIC TO VPS AND DEDICATED HOSTING
  1. Server Access. If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.
  2. IP Addresses. You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.
  3. FTP Back-Up. We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Service Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Service Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. FTP Back-up may not be available on all hosting plans.
  4. Configuration Add-Ons. We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.
      • Plesk. In the event you add Plesk to your server, you agree to be bound by the Plesk EULA, which is hereby incorporated by reference.
      • cPanel. In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference.
      • cPanel Fair Usage Policy: This policy is a guide to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in our plans. VPS and dedicated hosting with cPanel offers unlimited number of accounts. Although we do not wish to set a specific limit, as a guideline, a threshold of 100 accounts will be considered normal, reasonable use. We evaluate your usage in comparison to typical levels of usage engaged in by other users. In the event that you exceed this threshold, YouHost may in its sole and absolute discretion, assess additional usage charges for accounts in excess of the threshold or restrict additional accounts from being created. Where possible, YouHost will provide a notice of your usage in excess of the normal use.
  1. PROVISIONS SPECIFIC TO MANAGED SSL

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.

  1. PROVISIONS SPECIFIC TO SUPPORT PLANS
  1. WordPress (“WP”) Premium Support. If you elect to use our WP Premium Support Services (either as a subscription or as a one-time Service), we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. All services, both subscription and one time, will be listed as a “Best Effort Service.” Even after taking all reasonable steps, we may not be able to resolve certain issues. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any use of WP Premium Support Services. We may install a plugin on your hosted WordPress site for the purpose of facilitating your WP Premium Support Services. Its purpose is to facilitate the requested change and maintenance of your WordPress files. The plugin allows us to access, automate updates to core files, other plugins, themes, and other files related to the maintenance of your site. You acknowledge and agree that you shall not use WP Premium Support Services in a manner that, as determined by us in our sole and absolute discretion:
      • displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services); or
      • uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

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.

  1. Managed and Fully Managed Hosting Support Plans. If you purchase a Managed or Fully Managed Hosting Support Plan (“Managed Hosting Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application.

    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.

  2. Hosting Premium Support/Expert Services. If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Services”) for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
  3. Hosting Migrations. If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

    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.

  1. SERVICE UPTIME GUARANTEE

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.

  1. PROVISIONS SPECIFIC TO NORTON PRODUCTS
  1. By purchasing, downloading, installing, or using Norton software and related subscription services (the “Norton Software”), you agree to the Norton End User License and Service Agreement (“LSA”) presented during installation and available here: https://www.nortonlifelock.com/us/en/legal/license-services-agreement/. Acceptance of the LSA is a mandatory condition of installation and continued use of the Norton Software. You may not modify, disable, or bypass the LSA.
  2. The Norton Software may display alerts to inform you when protection has lapsed, when updates are required, or when your subscription has been cancelled. The Norton Software is programmed to collect and transmit certain subscription-related and technical data (“Subscription Data”) to Norton on an anonymous basis. Subscription Data may include information such as subscription activation, renewal, update activity, and related technical details. Norton may also process personal information and metadata as part of providing the services. In some cases, Norton may scan and use malware, virus, spam, or similar content to maintain and improve service functionality. Use of the Norton Software is subject to Norton’s privacy practices, which comply with applicable data protection laws.
  3. All rights, title, and interest in and to the Norton Software remain the property of Norton and its licensors. Your license is limited to use of the Norton Software for your personal or business purposes as expressly permitted by your subscription.
  4. YouHost is solely responsible for order processing, billing, payment collection, and customer service related to the Norton Software. Norton does not provide refunds. Any requests for cancellations, billing adjustments, or disputes must be directed to YouHost.
  5. Your right to use the Norton Software will immediately terminate if (1) your subscription expires and is not renewed; (2) you discontinue your subscription or cancel the service; (3) your agreement with YouHost for the Norton Software ends for any reason; or (4) YouHost’s reseller agreement with Norton terminates. At the end of any applicable subscription or upon termination, your copy of the Norton Software will cease to function, and you must discontinue use.
  1. THIRD PARTY SOFTWARE
  1. Definition and Scope. As part of the Hosting Services, you may be allowed to use certain software, widgets, or other applications (“Software”) developed, owned, or licensed by a third-party. Your use of this Software may be subject to additional terms. If the Software is accompanied by or requires a license agreement from the third-party provider, your use of the Software is subject to that license agreement, in addition to this Service Agreement.
  2. Terms and Conditions Applicable to all Software and Operating Software. You may use the Software and Operating Software solely as part of the Services. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Software. Additionally, you may not sell, modify, re-use reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Software.

    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).

  3. Additional Terms and Conditions Applicable to images and Software. The third-party providers listed in this section make no representations or warranties about any 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 Software.

    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:

      • Acronis Hosting Backup. Your use of Acronis Hosting backup is subject to the software license agreement located here.

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:

      • You will not submit through the Hosting Services any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) (“PHI”);
      • You will not submit through the Hosting Services any encrypted PHI unless the Parties have entered into a mutually acceptable Business Associate Agreement (“BAA”) in accordance with HIPAA;
      • You will not submit through the Hosting Services any unencrypted Personal Data subject to regulatory protection under Applicable Laws of the United States federal, state, or local governmental authorities; and
      • You will not submit through the Hosting Services any encrypted Personal Data without providing prior notice and obtaining prior consent from the data subject, as required by Applicable Law.

Managed Website Hosting Terms

1. Application of these Terms

1.1 Managed Hosting Only

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:

  1. hosting is available only for websites developed, supplied or expressly approved by YouHost;
  2. the hosting environment is configured, administered and managed by us;
  3. the Client does not acquire an unrestricted hosting account, server environment, file repository or general-purpose storage service;
  4. the hosting environment may only be used for the live production website and functions reasonably required for that website; and
  5. we may impose technical, security and operational controls reasonably necessary to maintain the integrity, performance and security of our infrastructure and other websites hosted on it.

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.

1.2 Incorporated Documents

These Hosting Terms should be read together with:

  • our general Terms and Conditions;
  • the applicable proposal, quotation, service order or hosting plan;
  • the Managed Hosting, Backup and Security Schedule;
  • the Production Server and Acceptable Use Policy;
  • our Privacy Policy; and
  • any third-party terms that necessarily apply to products or services supplied through third-party providers.

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.

2. Nature and Scope of Managed Hosting

2.1 Managed Service

Subject to the Client maintaining a current paid hosting plan, our managed hosting service may include:

  1. provision of production website hosting;
  2. management of hosting-level software and infrastructure under our control;
  3. management and updating of supported website plugins, themes, frameworks or similar software components where those components fall within our agreed management responsibility;
  4. operation of website security tools or controls selected by us;
  5. website backups in accordance with the applicable plan and the Managed Hosting, Backup and Security Schedule;
  6. reasonable monitoring and maintenance; and
  7. technical intervention where we consider it reasonably necessary to protect the website, our infrastructure, our systems or other customers.

The precise inclusions depend on the hosting plan and any written arrangements agreed with the Client.

2.2 No Guarantee That Software Will Always Be on the Latest Version

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.

2.3 Unsupported Components

We are not responsible for maintaining any plugin, theme, code, API, integration, extension or other component that:

  1. is abandoned or no longer maintained by its developer;
  2. has reached end of life;
  3. cannot reasonably be updated without breaking material functionality;
  4. is incompatible with the hosting environment;
  5. creates a security or stability risk;
  6. requires a licence that the Client has failed to maintain;
  7. has been installed or modified without our approval; or
  8. we otherwise reasonably determine should no longer be supported.

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.

3. Production Website Environment Only

3.1 Live Website Use

Our hosting servers are production environments intended for the operation of live websites.

They are not:

  • archival storage systems;
  • cloud drives;
  • document repositories;
  • long-term file storage systems;
  • backup repositories;
  • backup-of-backup repositories;
  • software distribution servers;
  • media archives unrelated to the operation of the live website; or
  • general-purpose server space.

3.2 Prohibited Stored Material

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:

  1. .zip, .tar, .gz, .sql or similar backup archives;
  2. copies of historical websites;
  3. old website backups;
  4. server backups;
  5. exported backup packages generated by WordPress plugins or other software;
  6. redundant database exports;
  7. local computer backups;
  8. email archives;
  9. unrelated video, image or document archives;
  10. development projects that are not part of the production website; or
  11. duplicate copies of files retained merely for safekeeping.

3.3 Removal of Non-Production Files

Production servers are not archival storage. Non-production backups, archives and redundant files may be removed where reasonably necessary to protect capacity, performance, security or backup integrity.

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.

3.4 Backups of Backups

Files that are themselves backups, archives, snapshots, exports or redundant copies may be:

  1. excluded from our managed backup processes;
  2. automatically removed by server maintenance or storage-management processes; and/or
  3. deleted by us where reasonably required to operate the Service.

We are not required to use server capacity to repeatedly make backups of files whose purpose is themselves to constitute a backup.

4. Managed Backups

4.1 Backup Service

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.

4.2 Backup Retention Is Not Permanent Storage

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.

4.3 No Backup System Is Infallible

We use reasonable care in providing the managed backup service, but backup systems can fail or become unusable due to matters including:

  • corruption;
  • malware or malicious activity;
  • software defects;
  • infrastructure failures;
  • third-party provider failures;
  • storage failures;
  • incomplete backup jobs;
  • database corruption;
  • configuration issues;
  • encryption or credential issues;
  • failures occurring between backup intervals; and
  • events outside our reasonable control.

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.

4.4 Client's Important Records

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.

4.5 Restoration

Restoration from an available managed backup is subject to:

  1. an appropriate restore point being available;
  2. the restore point being technically usable;
  3. the relevant backup containing the required information; and
  4. reasonable restoration time.

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.

5. Security

5.1 Managed Security

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.

5.2 No Guarantee Against Cyber Incidents

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:

  1. a website cannot be hacked;
  2. malware cannot be introduced;
  3. credentials cannot be compromised;
  4. an unknown or zero-day vulnerability will not be exploited;
  5. a denial-of-service attack will not affect availability;
  6. a third-party service will remain secure; or
  7. a security product will detect or prevent every threat.

5.3 Our Right to Protect the Environment

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:

  • blocking traffic;
  • resetting credentials;
  • disabling access;
  • disabling or removing a plugin;
  • isolating a website;
  • temporarily placing a website into maintenance mode;
  • applying emergency updates;
  • restricting administrative access;
  • restoring from backup; or
  • temporarily suspending the Service.

Where circumstances permit, we will use reasonable efforts to minimise unnecessary disruption.

5.4 Client Interference

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:

  1. require those changes to be reversed;
  2. charge for investigation or remediation;
  3. exclude affected components from our management obligations; and/or
  4. suspend access where reasonably necessary to protect the Service.

6. Availability, Maintenance and Service Interruptions

6.1 No Continuous-Availability Warranty

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.

6.2 Maintenance

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.

6.3 Third-Party Infrastructure

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.

6.4 Reporting Problems

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.

7. Resource Use and Platform Protection

7.1 Fair and Reasonable Use

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.

7.2 Excessive Resource Use

Where a website generates materially excessive CPU, memory, disk, database, bandwidth, email, process or other resource usage, we may reasonably:

  1. investigate the cause;
  2. apply temporary technical restrictions;
  3. require optimisation;
  4. require removal or replacement of problematic software;
  5. migrate the website to a more appropriate environment;
  6. propose a higher-capacity service; or
  7. suspend the affected functionality where necessary to protect the platform.

Where practicable, we will give the Client an opportunity to remedy persistent resource issues before terminating the Service.

8. Client Responsibilities

The Client is responsible for:

  1. providing accurate and current contact details;
  2. maintaining control over authorised email addresses, domain names and third-party accounts;
  3. using strong passwords and appropriate multi-factor authentication where available;
  4. ensuring that persons given website access are trustworthy and appropriately trained;
  5. promptly informing us of suspected security incidents;
  6. maintaining all licences for Client-supplied software, fonts, photographs, plugins, APIs and other materials;
  7. ensuring that website content and business activities comply with applicable law;
  8. ensuring that the Client has the necessary rights to all material it instructs us to host;
  9. maintaining legally or commercially required records independently of the production hosting server; and
  10. not using the Service in breach of the Production Server and Acceptable Use Policy.

9. Customer Content

9.1 Ownership

As between us and the Client, ownership of Client-supplied content remains with the Client or its applicable owner.

9.2 Necessary Licence

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.

9.3 Client Warranty

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.

10. Suspension

We may temporarily suspend or restrict all or part of the Service where reasonably necessary because:

  1. an amount due to us remains unpaid after its due date;
  2. the Client materially breaches these Hosting Terms or an incorporated policy;
  3. the website creates a material security threat;
  4. the website materially threatens the operation of our infrastructure or another customer's service;
  5. we reasonably suspect unlawful, fraudulent or malicious use;
  6. we receive a binding legal, regulatory or court requirement;
  7. a third-party infrastructure provider requires us to act;
  8. continued operation creates an immediate and material risk of legal liability; or
  9. emergency maintenance or remediation is required.

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.

11. Termination and Data Following Termination

11.1 Termination by Client

The Client may cancel the hosting service in accordance with its applicable service term and cancellation arrangements.

Amounts already accrued remain payable.

11.2 Termination by Us

We may terminate the Service:

  1. for a material breach that remains unremedied after reasonable notice;
  2. immediately for serious unlawful, fraudulent or malicious activity;
  3. where continued hosting presents a material and continuing security or infrastructure risk that cannot reasonably be remedied;
  4. where a third-party provider permanently withdraws a service necessary for us to provide the hosting and a reasonable alternative is not commercially available;
  5. following persistent non-payment; or
  6. otherwise in accordance with an agreed service term.

11.3 Removal of Website After Termination

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.

11.4 Emergency Termination

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.

12. Website Migration and Transfer

12.1 No Guaranteed Migration Outcome

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.

12.2 Source Provider

We are not responsible for:

  • incomplete source backups;
  • inaccessible source accounts;
  • restrictions imposed by the previous provider;
  • corrupt source data;
  • incompatible software;
  • missing credentials;
  • licensing restrictions; or
  • information already lost before the migration begins.

12.3 Testing

The Client must promptly review any migrated website and notify us of material discrepancies within a reasonable period.

13. Third-Party Products and Services

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.

14. Warranties and Australian Consumer Law

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:

  1. the Service is supplied on an “as available” basis;
  2. we do not warrant uninterrupted, error-free or completely secure operation;
  3. we do not warrant that every software defect, vulnerability, third-party failure or compatibility issue can be identified or corrected;
  4. we do not guarantee a particular commercial result, search-engine ranking, sales outcome or website traffic level from hosting the website; and
  5. warranties or conditions not expressly stated in the agreement are excluded to the 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:

  1. supplying the affected services again; or
  2. paying the reasonable cost of having the affected services supplied again.

15. Limitation of Liability

15.1 Excluded Loss

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.

15.2 Matters Outside Our Reasonable Control

Subject to applicable law, we are not liable to the extent loss is caused or contributed to by:

  1. acts or omissions of the Client or its personnel;
  2. Client-supplied software or credentials;
  3. unauthorised Client modifications;
  4. a third-party provider outside our reasonable control;
  5. cyberattacks that could not reasonably have been prevented through the agreed Service;
  6. force majeure or telecommunications failure;
  7. information or files that the Client was required to maintain independently;
  8. prohibited backups or archives stored on production servers;
  9. software that is unsupported, abandoned or end-of-life;
  10. the Client declining recommended remediation, upgrades or replacement work; or
  11. conduct outside the agreed scope of the managed hosting Service.

15.3 Liability Cap

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.

15.4 Contributory Responsibility

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.

16. Client Indemnity

To the extent permitted by law, the Client indemnifies us against third-party claims, losses and reasonable external costs arising directly from:

  1. content supplied or authorised by the Client that infringes another person's intellectual property or other rights;
  2. unlawful content or activities undertaken through the website at the Client's direction;
  3. the Client's material breach of these Hosting Terms;
  4. the Client's unauthorised use of third-party software or data; or
  5. acts of a person to whom the Client has provided website or account access.

The indemnity does not apply to the extent that the relevant liability was caused by our negligence, wilful misconduct or breach of law.

17. Charges for Remediation Outside Managed Scope

The managed hosting fee does not necessarily include substantial remediation or redevelopment work resulting from:

  • Client or third-party modifications;
  • compromise of credentials outside our systems;
  • unsupported software;
  • abandoned plugins;
  • external API changes;
  • Client-requested custom functionality;
  • major malware remediation resulting from matters outside our reasonable control;
  • data import or reconstruction;
  • recovery of files the Client was required to retain independently; or
  • work required because the Client rejected our previous technical recommendations.

Where reasonably practicable, we will advise the Client before undertaking material separately chargeable work.

18. Changes to Hosting Technology

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.

19. Notices

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.

20. No Partnership or Fiduciary Relationship

Nothing in the hosting relationship creates a partnership, joint venture, employment, fiduciary or agency relationship between the parties.

21. Severability

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.

22. No Waiver

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.

23. Entire Hosting Agreement

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.

24. Governing Law

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.

25. Interpretation in Favour of Lawful Operation

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.

General Terms of Service

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.

1. Acceptance and Application

1.1 Acceptance

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.

1.2 Services Covered

These Terms may apply to services including:

  • website design and development;
  • website maintenance;
  • managed website hosting;
  • search engine optimisation;
  • digital marketing;
  • software configuration;
  • domain-related services;
  • email-related services;
  • technical support;
  • integrations;
  • consulting;
  • content implementation; and
  • other digital or technology services supplied by us.

Additional terms may apply to particular Services.

1.3 Order of Precedence

If documents forming part of the agreement are inconsistent, the following order applies unless expressly agreed otherwise in writing:

  1. a specifically negotiated and signed agreement;
  2. the applicable proposal, quotation or statement of work;
  3. a Service-specific schedule or terms;
  4. these General Terms;
  5. our Acceptable Use Policies; and
  6. general descriptions or marketing material appearing elsewhere.

A specific written statement concerning the Client's particular project prevails over a general statement to the extent of any direct inconsistency.

1.4 Entire Agreement

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.

2. Changes to These Terms

2.1 Terms May Be Updated

We may amend, replace or update these Terms and incorporated policies from time to time to reflect matters including:

  • changes to our Services;
  • changes to technology;
  • security requirements;
  • operational requirements;
  • supplier or infrastructure requirements;
  • changes to third-party products;
  • changes in law or regulation;
  • changes to business practices; and
  • clarification or improvement of existing provisions.

2.2 Publication of Updated Terms

Unless applicable law requires another form of notice, we are not required to provide individual or formal notice each time these Terms are updated.

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.

2.3 Client Responsibility to Review

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.

2.4 Material Changes

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.

2.5 Mandatory Rights

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.

3. Client Information and Authority

3.1 Accurate Information

The Client must provide information that is accurate, complete and reasonably current.

We may rely upon information and instructions supplied by:

  • the Client;
  • the Client's directors or employees;
  • persons nominated as authorised contacts;
  • persons using authorised Client accounts or credentials; or
  • other persons whom we reasonably believe have authority to act for the Client.

3.2 Contact Details

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.

3.3 Instructions

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.

4. Client Accounts and Security

4.1 Credentials

The Client is responsible for maintaining appropriate security over credentials within its possession or control.

The Client must not:

  • knowingly disclose passwords to unauthorised persons;
  • reuse compromised credentials;
  • deliberately circumvent security controls;
  • provide access to persons who are not appropriately authorised; or
  • interfere with security systems maintained by us.

4.2 Multi-Factor Authentication

Where reasonably available and appropriate, the Client should use multi-factor authentication.

We may require multi-factor authentication for particular systems or administrative access.

4.3 Unauthorised Access

The Client must notify us promptly upon becoming aware of:

  • unauthorised account access;
  • suspected credential theft;
  • malware;
  • suspicious administrator activity;
  • compromise of an email account used for account recovery; or
  • another material security incident affecting a Service.

4.4 Protective Action

Where we reasonably suspect compromise or unauthorised access, we may take proportionate protective action including:

  • resetting passwords;
  • revoking sessions;
  • temporarily restricting access;
  • requiring identity or authority verification;
  • disabling affected integrations; or
  • suspending relevant Services while the issue is investigated.

5. Website Development and Project Services

5.1 Scope

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.

5.2 Variations

Changes requested after commencement may:

  • increase fees;
  • extend timeframes;
  • require additional third-party products; or
  • alter other project requirements.

We may provide a separate quotation or charge additional work at our applicable rate.

5.3 Client Materials

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.

5.4 Testing and Acceptance

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.

5.5 Compatibility

Unless expressly agreed otherwise, we do not guarantee compatibility with:

  • obsolete browsers;
  • obsolete operating systems;
  • unsupported devices;
  • software released after project completion;
  • Client-installed modifications;
  • abandoned third-party software; or
  • every possible hardware, browser and software combination.

6. Third-Party Services and Software

6.1 Third-Party Dependency

Our Services may use or depend upon third-party products and services including:

  • hosting infrastructure;
  • cloud platforms;
  • domain registries;
  • DNS providers;
  • content management systems;
  • plugins;
  • themes;
  • APIs;
  • payment gateways;
  • analytics platforms;
  • search engines;
  • social networks;
  • advertising networks;
  • email providers;
  • security platforms;
  • fonts;
  • stock media; and
  • software licences.

6.2 Third-Party Control

Third-party providers are outside our direct control.

They may change:

  • pricing;
  • functionality;
  • APIs;
  • terms;
  • licensing arrangements;
  • availability;
  • security controls;
  • usage limits; or
  • their decision to continue supplying a product.

We do not warrant that a third-party product will remain available or unchanged.

6.3 Additional Work

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.

6.4 Third-Party Terms

The Client may also be required to comply with applicable third-party licence terms or service agreements.

7. Search Engine Optimisation

7.1 No Ranking Guarantee

Search engines are independent third parties whose algorithms, policies, indexing systems and ranking decisions are outside our control.

We therefore do not guarantee:

  • a number-one ranking;
  • a particular ranking position;
  • continuous ranking;
  • indexing by a particular date;
  • appearance for every requested keyword;
  • a specific volume of website traffic;
  • a particular number of leads or sales; or
  • a particular commercial return.

7.2 Algorithm Changes

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.

7.3 Ethical SEO

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.

7.4 Client and Third-Party Modifications

SEO performance can be affected by changes made by:

  • the Client;
  • another developer;
  • another SEO provider;
  • a content provider;
  • hosting providers;
  • security providers; or
  • other third parties.

We are not responsible to the extent that loss of ranking or performance results from changes outside our control.

7.5 Website Availability

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.

8. Digital Advertising and Marketing

Where we manage advertising or digital marketing:

  1. advertising platforms remain responsible for accepting, rejecting, displaying and pricing advertisements;
  2. we do not guarantee a particular number of impressions, clicks, leads, enquiries, conversions, sales or return on advertising spend;
  3. performance may change because of competition, market conditions, platform algorithms, Client pricing, Client sales processes, website performance and other external factors;
  4. platform suspensions or restrictions may occur outside our control; and
  5. advertising spend payable to third-party platforms is separate from our service fees unless expressly stated otherwise.

9. Client Content and Legal Compliance

9.1 Responsibility for Client Content

The Client is responsible for content, products, claims, offers and information that it supplies, approves or instructs us to publish.

9.2 Rights to Materials

The Client warrants that it has all rights and permissions reasonably necessary for us to use Client-supplied:

  • text;
  • photographs;
  • video;
  • logos;
  • trademarks;
  • designs;
  • databases;
  • software;
  • fonts;
  • product information;
  • music;
  • personal information; and
  • other materials.

9.3 Compliance

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:

  • consumer law;
  • advertising;
  • privacy;
  • spam;
  • accessibility;
  • industry regulation;
  • product claims;
  • taxes;
  • record retention;
  • licences; and
  • electronic commerce.

9.4 No Legal, Tax or Regulatory Advice

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.

10. Intellectual Property

10.1 Client Property

The Client retains ownership of intellectual property it owned before supplying it to us.

10.2 Licence to Perform Services

The Client grants us a non-exclusive licence to use Client materials to the extent reasonably necessary to perform the Services.

10.3 Our Pre-Existing Materials

We retain ownership of our pre-existing and reusable intellectual property including:

  • development tools;
  • frameworks;
  • libraries;
  • methodologies;
  • processes;
  • templates;
  • reusable code;
  • internal systems;
  • know-how; and
  • other materials developed independently of the Client's particular project.

10.4 Third-Party Materials

Third-party software and materials remain subject to the rights and licences of their respective owners.

10.5 Project Deliverables

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.

10.6 No Transfer of Internal Tools

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.

11. Fees

11.1 Payment

The Client must pay invoices by the due date specified on the invoice.

11.2 No Set-Off

Except where required by law, amounts due must be paid without deduction or set-off.

11.3 Late Payment

Where an invoice remains overdue, we may:

  • pause new work;
  • withhold deliverables;
  • suspend affected Services;
  • require payment before resuming work; and
  • recover reasonable costs of collecting overdue amounts to the extent permitted by law.

11.4 Pricing Changes

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.

11.5 Third-Party Cost Changes

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.

12. Automatic Renewal

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.

13. Cancellation

Cancellation must be made using the cancellation method we nominate for the applicable Service.

A cancellation is not effective merely because the Client:

  • stops using a Service;
  • removes a website;
  • transfers a domain;
  • stops replying to correspondence; or
  • cancels a payment authority without notifying us.

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.

14. Domain Names

Where we assist with a domain name, the registration remains subject to applicable registry, registrar and governing-body policies.

We cannot guarantee:

  • availability of a requested domain;
  • successful registration;
  • renewal where payment or required information is not supplied;
  • continuation of a particular registry policy; or
  • immunity from a legitimate domain dispute.

The Client is responsible for maintaining accurate registrant information and complying with applicable registration rules.

15. Notices

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.

16. Governing Law

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.

17. Current Version of Terms

Important: These Terms and incorporated policies may be updated from time to time without individual or formal notice, except where notice is required by applicable law or expressly required under a particular Service agreement.

The version published by YouHost as current at the relevant time will apply to ongoing Services from its stated effective date, subject to:

  • rights already accrued before that date;
  • any express written agreement to the contrary; and
  • any mandatory rights or notice requirements imposed by law.

Clients receiving ongoing Services are responsible for periodically reviewing the current version of these Terms.

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