Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “you”, “your”) and HOSTLY US, LLC (“Hostly”, “we”, “us”, or “our”) governing your access to and use of our website (hostly.network and related domains) and all services offered by Hostly, including Game Hosting, Virtual Private Servers (VPS), Dedicated Servers, DDoS protection, and related products (collectively, the “Services”).

By creating an account, placing an order, accessing, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. DEFINITIONS

1.2 “Customer Content” means all data, software, websites, applications, game servers, files, and materials uploaded, stored, or transmitted by you through the Services.

1.3 “Network” means Hostly’s infrastructure, including servers, routers, switches, peering points, and DDoS mitigation systems.

2. ACCOUNT REGISTRATION AND ELIGIBILITY

2.1 You must be at least 18 years of age and have the legal capacity to enter into contracts.

2.2 You agree to provide accurate, current, and complete information during registration and to keep it updated.

2.3 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.4 Hostly may decline orders, require identity or payment verification, or restrict accounts for legitimate security, fraud, compliance, or operational reasons, subject to applicable law.

3. DESCRIPTION OF SERVICES

3.1 Hostly offers the following main services:

Game Hosting (managed game servers)
Virtual Private Servers (VPS)
Dedicated Servers
Integrated DDoS protection

3.2 The Services may be used for any lawful purpose, including but not limited to websites, applications, game servers, voice servers, development environments, and business infrastructure, provided that such use complies with these Terms and applicable law.

3.3 Hostly may modify, suspend, relocate, replace, or discontinue features or infrastructure for technical, security, vendor, regulatory, or operational reasons. Hostly will provide reasonable advance notice of material planned changes when practicable; emergency changes may occur without advance notice.

3.4 Service specifications and included resources are determined by the purchased plan and the order confirmation. Estimates, marketing performance figures, trial availability, and advertised network capacity are not dedicated resources or individual throughput guarantees unless expressly stated in a written service commitment.

3.5 Third-party software, game platforms, upstream connectivity, control-panel integrations, and customer-installed applications may be subject to separate terms and dependencies. Hostly does not guarantee compatibility with every third-party application or game update.

4. DDoS PROTECTION

4.1 Hostly provides multi-layer DDoS mitigation with a network capacity of 30 Tbps.

4.2 Protection includes edge detection, XDP/eBPF filtering, protocol inspection, and traffic scrubbing. The protection is always-on.

4.3 Hostly shall use commercially reasonable efforts to mitigate volumetric (Layer 3/4) and common protocol attacks. However, no mitigation system can guarantee complete protection against all attacks, particularly sophisticated application-layer (Layer 7) attacks, zero-day attacks, or attacks that exceed the capacity of the Network.

4.4 During an attack, Hostly may implement temporary measures including traffic filtering, rate limiting, null-routing of specific IP addresses, or temporary suspension of the affected service in order to protect the Network and other customers.

4.5 Hostly does not guarantee zero downtime during attacks. Service availability during an attack depends on the nature, size, and complexity of the attack.

4.6 DDoS protection is always-on for covered services, but protective decisions may produce false positives, temporary reachability changes, filtering, or rate limits. The advertised 30 Tbps represents aggregate mitigation infrastructure capacity, not bandwidth reserved to any customer. Additional details appear in the DDoS Protection Policy.

5. NETWORK INTEGRITY, ABUSE MANAGEMENT AND COMPLIANCE

5.1 Hostly maintains technical and policy controls to protect the integrity, stability, and security of its Network and the services of all customers.

5.2 Hostly may, at its sole discretion and without prior notice, limit transmission speeds, filter traffic, apply null-routes, redirect traffic, or implement any other mitigation technique necessary to preserve the stability of the Network, including during DDoS attacks or other abusive activity.

5.4 Failure to cooperate or to resolve the issue within the specified timeframe may result in immediate suspension or termination of the Services, subject to applicable law and the Billing Policy.

5.5 To investigate abuse, enforce security measures, and meet legal duties, Hostly may review relevant traffic metadata, service logs, and incident evidence as necessary and proportionate to those purposes, as described in the Privacy Policy. Hostly does not undertake to monitor all Customer Content.

6. ACCEPTABLE USE POLICY (AUP)

You agree that you will not use the Services for any of the following purposes:

6.1 Any activity that is illegal under the laws of the United States or any other applicable jurisdiction.

6.2 Distribution of malware, viruses, trojans, ransomware, or any other malicious code.

6.3 Phishing, scam websites, fraud, or any form of financial deception.

6.4 Sending unsolicited bulk email (spam), or operating open mail relays or open proxies.

6.5 Launching, participating in, or facilitating Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks.

6.6 Unauthorized access to, or attempts to access, systems, networks, or data belonging to Hostly or third parties.

6.7 Hosting or distributing child sexual abuse material, or any content that exploits minors.

6.8 Hosting content that promotes terrorism, extreme violence, or illegal activities.

6.9 Cryptocurrency mining or any similar resource-intensive activity, except limited personal testing that does not impact the performance of the Network or other customers.

6.10 Sustained abuse of resources (CPU, RAM, disk, bandwidth) that negatively affects other customers or the stability of the Network.

6.12 Free-trial Services must not operate VPN services, GRE or similar traffic tunnels, exit nodes, open proxies, or anonymizing relays. Paid plans are not automatically authorized for such uses; permission depends on the plan and prior written approval where required.

6.13 Unsolicited vulnerability scanning, credential attacks, port scanning or network stress testing directed at third parties, and other traffic likely to trigger abuse complaints are prohibited unless demonstrably authorized and approved where required.

6.14 Prohibited activities also include circumvention of security controls, repeated trial creation to evade limits, fraudulent payment use, IP reputation abuse, and activities that materially impair Hostly or its upstream providers.

This list is not exhaustive. Hostly may address materially harmful or unsafe uses under its published Acceptable Use Policy, provided enforcement is consistent with applicable law.

7. RESOURCE USAGE AND FAIR USE

7.1 Each plan (Game Hosting, VPS, or Dedicated Server) includes specific allocated resources. You must not exceed these allocations in a sustained manner that impacts the performance of the shared infrastructure or Network.

7.2 Short-term spikes in usage are generally acceptable. Sustained high usage that degrades performance for other customers may result in Hostly contacting you to upgrade your plan or, in severe cases, temporary rate limiting or suspension.

7.3 Bandwidth is subject to the published plan allowance and fair-use restrictions. Hostly may investigate sustained bandwidth use that threatens shared capacity or exceeds plan terms.

7.4 Unless the order expressly provides otherwise, shared CPU allocation, disk I/O, network ports, and burst performance are not dedicated or continuously guaranteed. Hostly may apply proportionate resource controls to protect the platform and may request an upgrade if usage is persistently incompatible with the plan.

7.5 Customers are responsible for charges, overages, and consequences of usage attributable to their accounts, to the extent disclosed in the order or applicable policy.

8. BILLING, PAYMENTS AND REFUNDS

8.1 All fees are due in advance according to the billing cycle selected.

8.2 Hostly accepts the payment methods indicated on the website. Failure to complete payment may result in immediate suspension of the Services.

8.3 Except where applicable law requires a refund, or a specific promotion, applicable SLA, or written agreement expressly provides otherwise, fees for Services already provisioned are generally non-refundable, as detailed in the Billing, Refund & Cancellation Policy.

8.4 Hostly may adjust renewal pricing with advance notice as required by law. A price change will not retroactively affect a paid service period.

8.5 Services renew only where the order and checkout explicitly specify recurring billing and the Customer has authorized it. Cancellation takes effect as described at checkout and in the Billing, Refund & Cancellation Policy, and stops future renewals without automatically refunding the current period.

8.6 Overdue services may be suspended, discontinued, or deleted in accordance with the Billing and Backup & Data Retention Policies. Any grace period is discretionary unless specified in a written offer or required by law.

8.7 Fraudulent payments, chargeback abuse, or failed payment verification may lead to risk review and suspension. Hostly may contest chargebacks with relevant transaction evidence; no term limits lawful payment dispute rights.

8.8 Discounts, promotional codes, trials, and lifetime promotions are subject to their disclosed eligibility, duration, scope, and anti-abuse restrictions. A documented lifetime discount remains subject to its stated terms and applies only to eligible active services, not necessarily to every future product.

9. CUSTOMER RESPONSIBILITIES

9.1 You are solely responsible for the security of your services, including keeping software updated, configuring firewalls, and protecting credentials.

9.2 You are solely responsible for maintaining backups of your Customer Content. Hostly does not guarantee the availability of backups and is not liable for data loss.

9.3 You must ensure that your use of the Services complies with all applicable laws and these Terms.

9.4 Hostly backups, snapshots, and temporary recovery assistance, if offered, do not replace independent backups. No general post-termination retention period is guaranteed. The Backup & Data Retention Policy explains recovery limitations.

9.5 You are responsible for the lawfulness of Customer Content, required software licenses, user notices, third-party data, and actions of authorized users of your instances.

10. SUPPORT

10.1 Hostly provides technical support through the ticket system available in the customer control panel.

10.3 Response times may vary depending on the volume of requests and the severity of the issue. No guaranteed first-response or resolution time applies unless explicitly included in a purchased support SLA.

10.4 Hostly prioritizes infrastructure-wide security and availability incidents. Support for configuration, third-party plugins, code, game modifications, and data recovery is best effort and may be declined where outside the plan or operationally unsafe.

10.5 Tickets in the authenticated customer panel are the official channel for account-specific requests. Discord and other community channels do not replace verified account ownership or create binding support commitments.

11. SUSPENSION AND TERMINATION

11.1 Hostly may suspend or terminate your account and Services immediately, without prior notice where justified, and without a discretionary refund, subject to non-waivable statutory rights, if:

(a)You violate these Terms or the Acceptable Use Policy;
(b)Your use of the Services poses a risk to the Network or other customers;
(c)Required by law or by a court order;
(d)Payment is overdue; or
(e)You fail to cooperate with an abuse investigation as described in Section 5.

11.2 After expiry, cancellation, or termination, access and data may be removed promptly, including without a guaranteed recovery window, unless Hostly expressly offers a different retention period or applicable law requires one. Customers should export Customer Content before the service ends.

11.3 Hostly may temporarily restrict a service while assessing security incidents, abuse reports, or suspected fraud, and may restore access after adequate remediation and verification.

11.4 Cancellation of a service does not discharge accrued charges or independently entitle the Customer to a refund of a previously paid service period.

11.5 Any deletion may be delayed to comply with legal holds, security investigations, or mandatory record-keeping, consistent with the Privacy Policy.

12. LIMITATION OF LIABILITY

12.2 Hostly shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of business, or interruption of service, even if Hostly has been advised of the possibility of such damages.

12.3 Except for any expressly published, applicable SLA, Services are supplied on an as-available basis without a promise of uninterrupted, error-free, or completely secure operation.

12.4 Nothing in these Terms excludes fraud, willful misconduct, or any liability or statutory right that cannot legally be excluded or limited. Any SLA credit is governed exclusively by the applicable SLA and does not duplicate other remedies for the same incident, to the extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless HOSTLY US, LLC, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your Customer Content; or (d) your violation of any third-party rights or applicable law.

14. INTELLECTUAL PROPERTY

14.1 Hostly retains all right, title, and interest in and to the Services, including software, trademarks, and documentation.

14.3 No right to use Hostly names, trademarks, logos, proprietary security rules, or internal tools is granted without written permission.

15. PRIVACY

Your personal information is processed in accordance with Hostly’s Privacy Policy, which is incorporated into these Terms by reference. Hostly does not sell your personal information to third parties.

16. CHANGES TO THESE TERMS

Hostly may amend these Terms for legal, operational, or service reasons. Material changes will be notified through the account email or customer panel with reasonable advance notice where practicable or legally required. Amendments apply prospectively after their stated effective date; continued use afterward indicates acceptance where valid under applicable law. Mandatory rights and existing expressly agreed fixed-term commitments remain unaffected.

17. GOVERNING LAW AND DISPUTE RESOLUTION

To the extent permitted by applicable law, these Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law rules. Disputes may be brought in courts of competent jurisdiction located in Bernalillo County, New Mexico, except where mandatory consumer or other jurisdictional rules provide otherwise. Nothing requires a customer to waive rights that cannot legally be waived.

18. MISCELLANEOUS

18.1 If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

18.2 These Terms constitute the entire agreement between you and Hostly regarding the Services and supersede all prior agreements.

18.3 Hostly’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Electronic notices to the account's registered email address or authenticated panel are sufficient where permitted by law. Customers must maintain an accurate address and review service notices.

18.5 If a plan or written order conflicts with a general policy, the specific written order controls for the expressly conflicting purchased feature; mandatory law controls in all cases.

19. INCORPORATED SERVICE POLICIES

19.1 The following policies form part of these Terms where applicable: Service Level Agreement (/legal/sla), Billing, Refund & Cancellation Policy (/legal/billing), Acceptable Use Policy (/legal/aup), DDoS Protection Policy (/legal/ddos), Backup & Data Retention Policy (/legal/backups), Support Policy (/legal/support), Free Trial Policy (/legal/trials), Network & IP Policy (/legal/network), Maintenance & Incident Communication Policy (/legal/maintenance), Product-Specific Hosting Terms (/legal/products), and Security Vulnerability Disclosure Policy (/legal/disclosure).

19.2 Product-specific written terms apply only to the products they identify. The Copyright & DMCA Notice Policy will be published separately after the designated agent and statutory notice information are verified.

CONTACT

For questions regarding these Terms of Service, please open a support ticket through the customer control panel at hostly.network.

HOSTLY US, LLC 1209 MOUNTAIN ROAD PL NE STE N ALBUQUERQUE, NM 87110 UNITED STATES

By using Hostly Services, you confirm that you have read, understood, and agree to be bound by these Terms of Service.

Terms Of Service