Hosting Agreement

Last Updated: April 30, 2025

This Hosting Agreement (the “Agreement”) is entered into by and between ISG Development, LLC (“The Company”) and the individual or entity (the “Customer” or “User”) purchasing managed hosting services provided by The Company. By using The Company’s hosting services, the Customer agrees to the terms of this Agreement.

Scope of Services

The Company provides managed cloud hosting on shared virtual servers (“Services”), which may include hosting for websites, content management systems (CMS), administrative control panels, application backends, APIs, or other web-based platforms. Each hosting plan includes defined resource allocations such as storage limits, bandwidth caps, and any included features as specified on The Company’s website, documentation or order forms.

Excluded Services

Unless specifically included in the host plan selected by the Customer, The Services do not include:

  • Domain name registration, which is covered under a separate Domain Registration Agreement;
  • Development of websites or web-based applications;
  • Custom software or application development services;
  • Design or customization services for websites or platforms;
  • Maintenance or updating of website content;
  • Migration or transfer of existing websites or applications from other hosts;
  • Email hosting or management services;
  • Provision or management of SSL certificates;
  • Installation or management of server-side software updates, patches, or security fixes for third-party applications;
  • Technical support for third-party applications, plugins, or custom code developed by the Customer or any third parties;
  • Licensing fees for third-party software or applications;
  • Services or fees associated with third-party platforms or integrations, including but not limited to credit card processing, booking or scheduling systems, customer relationship management (CRM) tools, analytics platforms, marketing tools, or any other external services used to manage business operations or deliver services through the hosted website or application;
  • Search engine optimization (SEO) services or marketing;
  • Any other services not explicitly included in the selected hosting plan.
Account Setup and Management

The Customer must provide accurate and complete information during the sign-up process. It is the Customer’s responsibility to maintain the security and confidentiality of their account credentials and to promptly notify The Company of any unauthorized use.

Acceptable Use

Use of The Services is subject to The Company’s Acceptable Use Policy, which is incorporated into this Agreement by reference. Violation of the Acceptable Use Policy may result in suspension or termination of Services.

Resource Limits

Each hosting plan includes specific limits on storage, bandwidth, and other system resources. The Customer is responsible for monitoring their usage to ensure it remains within the limits of their selected plan. If usage exceeds the allocated resources, The Company reserves the right to take corrective actions, including throttling performance, limiting access, or suspending services to prevent disruption to other users.

Additional charges may apply for exceeding plan limits, as specified in the selected hosting plan or The Company’s current pricing schedule. Continued overuse without appropriate upgrade or resolution may result in suspension or termination of Services.

Billing and Payment

Services are billed on a recurring basis (monthly or annually, depending on the selected plan). Fees are due in advance of each billing cycle and will be automatically charged unless canceled prior to renewal. The Customer authorizes The Company to charge the provided payment method for recurring fees.

Failure to make timely payment may result in suspension or termination of Services. The Company is not responsible for any data loss or service interruption resulting from non-payment.

Cancellation, Suspension, and Termination

The Customer may cancel the Services at any time via written notice or through account settings. Cancellation will take effect at the end of the current billing cycle, and no refunds will be issued for any unused portion of that cycle.

The Company reserves the right to suspend or terminate Services immediately, with or without notice, in the event of:

  • Non-payment or failed billing after a reasonable grace period;
  • Violation of this Agreement or the Acceptable Use Policy;
  • Actions that compromise the security, stability, or performance of The Services or other users.

If payment issues arise, The Company may provide a limited grace period to allow the Customer to update billing information or resolve the issue. However, if payment is not received within a reasonable time, Services may be suspended or terminated without further notice.

Suspension or termination of the Services for any reason will result in the loss of access to the Services and Customer data, and no refunds will be provided for any unused portion of the billing cycle.

The Company is not liable for any data loss or service disruption resulting from suspension or termination.

Backups and Data

While The Company may offer backup options, it is ultimately the Customer’s responsibility to maintain current backups of their data. The Company is not liable for any data loss or corruption.

Disclaimer of Warranties and Limitation of Liability

The Company makes no representations or warranties of any kind, express or implied, regarding the availability, reliability, or performance of the Services.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THEY WILL MEET THE CUSTOMER’S SPECIFIC REQUIREMENTS. THE CUSTOMER ACKNOWLEDGES THAT THE SERVICES MAY BE SUBJECT TO DOWNTIME, SERVICE INTERRUPTIONS, OR OTHER LIMITATIONS, AND THAT THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ISSUES WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER FINANCIAL LOSS) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES RESULTING FROM SERVICE OUTAGES, INTERRUPTIONS, OR DATA LOSS.

The Company is not responsible for any loss, damages, or interruptions caused by third-party applications, systems, hardware, software, networks, or services, including but not limited to payment processors, content management systems (CMS), APIs, or other third-party integrations used in conjunction with the Services. The Company also disclaims responsibility for any disruptions arising from circumstances beyond its reasonable control, including but not limited to force majeure events, natural disasters, power outages, strikes, governmental actions, internet outages, or upstream provider failures.

The Company shall not be liable for any issues arising from the Customer’s misconfiguration, misuse of the Services, or failure to follow provided documentation or recommendations. Additionally, the Company is not responsible for unauthorized access to or alteration of Customer data, or any breaches of data security or privacy resulting from vulnerabilities in third-party software, Customer-side negligence, or external attacks not caused by the Company’s negligence.

The Company does not guarantee the security of data transmitted over the internet or any delays or failures in such transmissions. The Customer acknowledges that data transmission over the internet involves inherent risks, and the Company shall not be held liable for any loss or damage resulting from such transmissions.

The Company’s total liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the Services shall not exceed the total amount paid by the Customer for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.

Indemnification

The Customer agrees to indemnify and hold harmless The Company from any claims, damages, or losses arising from their use of The Services, including but not limited to violations of law or third-party rights.

Accessibility

If you require this Agreement in an alternative format for accessibility reasons, please contact us and we will make reasonable accommodations to provide the information in a suitable manner.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Vermont, and the parties hereby consent to the personal jurisdiction and venue of such courts. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.

Entire Agreement and Amendments

This Agreement constitutes the entire understanding between the parties with respect to the Services and supersedes all prior agreements, whether written or oral, related to managed hosting services. This Agreement does not replace or override other agreements or policies, including the Acceptable Use Policy, or any other terms and conditions that govern the use of The Company’s services.

The Company reserves the right to update or amend this Agreement at any time. Users will be notified of any material change via email, through The Company’s website or other reasonable means of communication. Continued use of the Services after such changes constitutes acceptance of the revised terms.

Contact Us

If you have questions or concerns about this Agreement, please contact us at support@isgdev.com or by mail to ISG Development, LLC, PO Box 504, Bondville, VT 05340