Web Hosting Terms & Conditions

Last updated: October 27, 2025

1. CONTRACT TERMS AND RENEWAL

1.1 Contract Duration: The Web Application Owner agrees to enter into a recurring standard 12-month contract term with Cybasoft (the "Hosting Provider").

1.2 Automatic Renewal: This Agreement is subject to automatic renewal terms and may only be canceled with written notice no later than 15 days prior to the end of the Term renewal date. No refunds will be given for cancellations within less than 15 days or after renewal has been initiated.

1.3 Renewal Pricing: Renewal prices are subject to change. The Hosting Provider will provide notice upon such change taking place at least 30 days before the renewal date. The Web Application Owner's signature or continued use of services following such notice will constitute agreement to said changes.

1.4 Renewal Invoicing: Renewal fees for the following term will be automatically invoiced or charged to the Web Application Owner's account on file.

2. FEES AND PAYMENT

2.1 Setup Fees: Setup fees must be paid in full before hosting service is provisioned and activated.

2.2 Additional Services: Any additional scope of work on the server beyond what is described in the service agreement shall be billed separately per the Hosting Provider's standard rates. A deposit of fifty percent (50%), if any, shall be due in advance of any additional service provided.

2.3 Service Commencement: Service shall begin immediately following payment receipt or on the agreed date as mutually determined between parties.

2.4 Payment Terms: All invoices are due within 15 days of issuance unless otherwise specified. Late payments may result in service suspension and/or late fees of 1.5% per month on outstanding balances.

3. INTELLECTUAL PROPERTY PROTECTION

3.1 Non-Reverse Engineering: The Hosting Provider agrees to refrain from decompiling, disassembling, decoding, or reverse engineering any of the Web Application Owner's programs, code, or technology belonging to the Web Application Owner.

3.2 Ownership Rights: The Web Application Owner holds current rights to use any applicable trademarks or copyrighted material used in connection with this service while the web hosting agreement is in effect.

3.3 Confidentiality: Both parties agree to maintain the confidentiality of any proprietary information, trade secrets, or sensitive data accessed during the provision of hosting services.

4. DATA PROTECTION AND BACKUPS

4.1 Backup Services: While the Hosting Provider maintains regular server backups as part of standard operations, these backups are provided as a courtesy and should not be relied upon as the sole backup solution.

4.2 Client Responsibility: The Web Application Owner is solely responsible for maintaining independent copies and backups of their data beyond the scope of coverage offered in this agreement. It is strongly recommended to maintain offsite backups of all critical data.

4.3 Backup Retention: Server backups, when available, are typically retained for 7-30 days depending on the service tier. Backup restoration may incur additional fees for extensive recovery operations.

5. SERVICE LEVEL AND RESOURCE MANAGEMENT

5.1 Resource Usage: Any application installed by the Web Application Owner on the server that causes excessive strain on server resources, impacts other clients, or compromises server stability shall be suspended at the Hosting Provider's discretion until a resolution is implemented by the Web Application Owner.

5.2 Fair Use Policy: All hosting services are subject to fair use policies. Excessive bandwidth usage, storage consumption, or CPU utilization beyond allocated resources may require an upgrade to a higher service tier.

5.3 Service Availability: The Hosting Provider strives to maintain 99.9% uptime for all hosting services, excluding scheduled maintenance windows and events beyond our reasonable control (Force Majeure).

5.4 Maintenance Windows: Scheduled maintenance will be communicated at least 48 hours in advance when possible. Emergency maintenance may be performed with minimal notice to protect service integrity.

6. SECURITY AND COMPLIANCE

6.1 Security Measures: The Hosting Provider implements industry-standard security measures including firewalls, intrusion detection, and regular security updates. However, no system can be guaranteed 100% secure.

6.2 Client Security Obligations: The Web Application Owner is responsible for maintaining secure passwords, keeping application software updated, and following security best practices for their hosted applications.

6.3 Prohibited Content: The Web Application Owner agrees not to host illegal content, malware, spam operations, or content that violates applicable laws or regulations.

6.4 Compliance: Both parties agree to comply with all applicable data protection laws, including but not limited to GDPR, CCPA, and other relevant regulations based on the jurisdiction of data subjects.

7. SUPPORT AND SERVICE REQUESTS

7.1 Support Availability: Technical support is available during business hours (9 AM - 5 PM EST, Monday-Friday) via email and support ticket system. Emergency support may be available for critical issues depending on service tier.

7.2 Response Times: Support ticket response times vary based on service tier and issue severity. Critical issues affecting service availability receive priority attention.

7.3 Scope of Support: Standard support includes server-level issues, hosting configuration, and service availability. Application-level support, custom development, and extensive troubleshooting may incur additional fees.

8. LIABILITY AND INDEMNIFICATION

8.1 Limitation of Liability: The Web Application Owner shall not hold the Hosting Provider liable for any damages, data loss, security breaches, or business interruption during the term of this agreement, except in cases of gross negligence or willful misconduct by the Hosting Provider.

8.2 Maximum Liability: In any event, the Hosting Provider's total liability shall not exceed the total amount paid by the Web Application Owner for hosting services in the 12 months preceding the claim.

8.3 Consequential Damages: Neither party shall be liable for any consequential, indirect, special, incidental, or exemplary damages including but not limited to lost profits, lost revenue, or lost business opportunities.

8.4 Client Indemnification: The Web Application Owner agrees to indemnify and hold harmless the Hosting Provider from any claims, damages, or expenses arising from the content hosted, third-party claims related to the Web Application Owner's use of services, or violations of applicable laws.

9. WARRANTIES, LIABILITY, AND INDEMNIFICATION

9.1 Cybasoft, and any person put forward by Cybasoft to perform the Project, shall not be liable if the services provided or the results generated by him in the Project are not absolutely correct, nor does Cybasoft, or any person put forward by Cybasoft to perform the Project, warrant, either expressed or implied, that the performance by him of the Project will not infringe upon intellectual property rights of any third party.

9.2 Cybasoft, nor any person put forward by Cybasoft to perform the Project, shall not be responsible for any loss, destruction or damage of whatsoever nature (including injury or death) incurred by the Client, its employees or third parties, resulting from the use of the Project results by the Client, except to the extent that the same can be shown to be due to gross negligence or willful misconduct on the part of Cybasoft or his employees. The Client shall indemnify Cybasoft accordingly.

9.3 The Client shall not be responsible for any loss, destruction or damage of whatsoever nature (including injury or death) incurred by Cybasoft, its employees or third parties, related to the performance by Cybasoft of the Project, except to the extent that the same can be shown to be due to gross negligence or willful misconduct on the part of the Client or its employees. Cybasoft shall indemnify the Client accordingly.

9.4 Should a party be deemed liable to the other party, by way of indemnity or by reason of breach of contract or otherwise, Cybasoft's liability shall in aggregate not exceed the price for the Project. In any event, neither party shall be liable to the other party for any consequential, indirect, special, incidental or exemplary damages of any nature whatsoever that may be suffered by the other party.

10. TERM AND TERMINATION

10.1 Service Timeline: Any times or dates set forth in the Contract for provision or completion by the Hosting Provider of the services are estimates only and shall not be considered of the essence. The parties hereby acknowledge that the time schedule may change during the course of service delivery.

10.2 Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party:
  (i) Fails to comply with any material term or condition and such default continues unremedied for thirty (30) days after written notice;
  (ii) Is affected by a Force Majeure event that cannot be resolved within three (3) months;
  (iii) Files for bankruptcy, becomes insolvent, or has a receiver appointed (and not dismissed within sixty (60) days).

10.3 Voluntary Termination by Client: The Web Application Owner may terminate this Agreement at their sole discretion with 15 days written notice prior to renewal. Early termination requires payment of:
  • All fees for services already rendered
  • Any additional costs incurred as a result of early termination
  • Outstanding invoices and unpaid balances

10.4 Termination by Hosting Provider: The Hosting Provider may terminate this Agreement if:
  • The Web Application Owner violates terms of service or acceptable use policies
  • Payment is more than 30 days overdue
  • Unforeseen circumstances prevent reasonable service completion

10.5 Data Retrieval Upon Termination: Upon termination, the Web Application Owner has 30 days to retrieve all data and content from the hosting service. After this period, the Hosting Provider reserves the right to permanently delete all data. Data retrieval assistance may incur additional fees.

10.6 Post-Termination Obligations: All payment obligations incurred before termination remain valid and due. Confidentiality and intellectual property provisions survive termination indefinitely.

11. DISPUTE RESOLUTION

11.1 Informal Resolution: In the event of any dispute, controversy, or claim arising from this Agreement, the parties agree to first attempt resolution through good faith negotiation for a period of thirty (30) days.

11.2 Mediation: If informal resolution fails, the parties agree to submit the dispute to mediation before pursuing litigation. Each party shall bear their own mediation costs unless otherwise agreed.

11.3 Legal Proceedings: If legal proceedings become necessary, the prevailing party shall have all reasonable costs and fees (including attorney's fees) in connection with that proceeding covered by the non-prevailing party.

11.4 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.

11.5 Jurisdiction and Venue: Any and all court proceedings regarding this web hosting agreement will take place in the State of Maryland. Travel expenses will not be reimbursed for either party.

12. INDEPENDENCY

12.1 Independent Contractor Status: The Hosting Provider shall perform services under this Agreement as an independent contractor and shall not be considered a servant, employee, or agent of the Web Application Owner.

12.2 No Partnership: Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the parties.

13. NOTICES AND COMMUNICATIONS

13.1 Written Notice: Any notice required or permitted under this Agreement shall be given in writing and shall be delivered via:
  • Email to the address on file
  • Certified mail to the physical address on record
  • Through the client portal system

13.2 Address Updates: Each party must promptly notify the other of any changes to contact information, including email addresses and physical addresses.

13.3 Effective Date of Notice: Notices shall be deemed effective upon receipt or three (3) business days after mailing, whichever occurs first.

14. OBSERVANCE OF LEGAL REQUIREMENTS

14.1 Legal Compliance: The Hosting Provider shall carry out all obligations under this Agreement in a manner that conforms to all relevant legal requirements, industry standards, and regulatory obligations.

14.2 Client Compliance: The Web Application Owner agrees to ensure that all hosted content and applications comply with applicable laws, regulations, and third-party terms of service.

14.3 Regulatory Changes: If changes in applicable laws or regulations require modifications to services or terms, the Hosting Provider will provide reasonable notice and work with the Web Application Owner to implement necessary changes.

15. FORCE MAJEURE

15.1 Force Majeure Events: Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:
  • Acts of God (earthquakes, floods, storms)
  • War, terrorism, or civil unrest
  • Government actions or regulatory changes
  • Pandemics or epidemics
  • Power outages or telecommunications failures
  • Internet backbone failures or DDoS attacks
  • Data center failures beyond the Hosting Provider's control

15.2 Notification: Upon the occurrence of any Force Majeure event, the affected party shall promptly inform the other party in writing, specifying the nature of the event and its expected impact on performance.

15.3 Mitigation Efforts: The affected party shall use reasonable efforts to mitigate the effects of the Force Majeure event and resume normal operations as quickly as possible.

16. CHANGE OF TERMS

16.1 Amendment Rights: The Hosting Provider reserves the right to modify these terms and conditions at any time. Material changes will be communicated to the Web Application Owner at least thirty (30) days before taking effect.

16.2 Notification of Changes: Updated terms will be:
  • Posted at https://cybasoft.com/hosting-terms-and-conditions
  • Sent via email to the address on file
  • Made available through the client portal

16.3 Client Responsibility: It is the responsibility of the Web Application Owner to review any changes to the terms. Continued use of services following notice of changes constitutes acceptance of modified terms.

16.4 Rejection of Changes: If the Web Application Owner does not agree to material changes, they may terminate the Agreement in accordance with Section 10 before the changes take effect.

17. MISCELLANEOUS PROVISIONS

17.1 Severability: If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, all other terms shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

17.2 Entire Agreement: This Agreement, together with any referenced service level agreements, acceptable use policies, and privacy policies, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations.

17.3 Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it in the future.

17.4 Assignment: Neither party may assign this Agreement without the prior written consent of the other party, except that the Hosting Provider may assign this Agreement in connection with a merger, acquisition, or sale of substantially all assets.

17.5 Survival: Provisions relating to intellectual property, confidentiality, payment obligations, liability limitations, and dispute resolution shall survive termination of this Agreement.

18. ACCEPTANCE USE POLICY

18.1 Prohibited Activities: The Web Application Owner agrees not to use hosting services for:
  • Distributing malware, viruses, or malicious code
  • Sending spam or unsolicited bulk emails
  • Hosting pirated or illegally distributed content
  • Operating phishing schemes or fraudulent websites
  • Cryptocurrency mining without prior written approval
  • Activities that violate any applicable law or regulation

18.2 Resource Abuse: Excessive use of server resources that impacts other clients or server performance may result in service throttling or termination.

18.3 Enforcement: Violations of the Acceptable Use Policy may result in immediate service suspension without notice and potential termination of the Agreement.