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
1.1 “Services” means all products and services offered by Hostly, including Game Hosting, VPS, Dedicated Servers, DDoS protection, network connectivity, control panels, and related features.
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 reserves the right to refuse service, cancel accounts, or limit access at its sole discretion.
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, or discontinue any part of the Services at any time with reasonable notice when possible.
4. DDoS PROTECTION
4.1 Hostly provides multi-layer DDoS mitigation with a network capacity of more than 500 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.
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.
5.3 If Hostly receives abuse complaints, abuse reports, legal notifications, court orders, or requests from law enforcement or other authorities related to your use of the Services, you agree to cooperate fully and promptly. You must resolve the reported issues within the timeframe specified by Hostly.
5.4 Failure to cooperate or to resolve the issue within the specified timeframe may result in immediate suspension or termination of the Services without refund.
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.
6.11 Using the Services primarily as a public file storage service, backup repository, or large-scale file sharing platform when such use is not related to an active legitimate service.
Any lawful use that does not fall under the prohibitions above is permitted.
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 fair use. Hostly may contact customers whose sustained bandwidth usage significantly exceeds typical levels for their plan.
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 Unless otherwise stated in a specific promotion or written agreement, all payments are non-refundable.
8.4 Hostly reserves the right to change pricing with prior notice. Price changes will not affect active billing cycles already paid.
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.
10. SUPPORT
10.1 Hostly provides technical support through the ticket system available in the customer control panel.
10.2 Support covers infrastructure-related issues (network, hardware, control panel, DDoS protection). Application-level support (configuration of games, websites, software, etc.) is provided on a best-effort basis and is not guaranteed.
10.3 Response times may vary depending on the volume of requests and the severity of the issue.
11. SUSPENSION AND TERMINATION
11.1 Hostly may suspend or terminate your account and Services immediately, without prior notice and without refund, 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 Upon termination, Hostly may delete all Customer Content after a reasonable period. It is your responsibility to retrieve your data before termination.
12. LIMITATION OF LIABILITY
12.1 To the maximum extent permitted by applicable law, Hostly’s total cumulative liability arising out of or related to these Terms or the Services shall not exceed the total amount paid by you to Hostly in the three (3) months immediately preceding the claim.
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 Hostly does not warrant that the Services will be uninterrupted, error-free, or completely secure.
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.
14.2 You retain all rights to your Customer Content. By using the Services, you grant Hostly a limited license to host, store, and process your Customer Content solely as necessary to provide the Services.
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 modify these Terms at any time. Material changes will be communicated via email or through the customer control panel. Continued use of the Services after the effective date of the changes constitutes acceptance of the modified Terms.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the competent courts of the United States.
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.
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.