Terms of Service — Hybrid Hosting

Hybrid Hosting agrees to furnish services to the Subscriber, subject to the following (“Terms of Service”). Hybrid Hosting, the company hereafter referred to as, (“Hybrid Hosting”), (“Our”), (“Us”), (“We”) and The Client, (“Customer”), (“Client”), and (“You”). Use of Hybrid Hosting Service constitutes acceptance and agreement to our ToS (“Terms of Service”). All provisions of this contract are subject to change from time to time at the discretion of Hybrid Hosting. Subscriber understands that change to the ToS by Hybrid Hosting shall not be grounds for early contract termination or non-payment. By accepting the terms you also agree to the Minecraft End User License Agreement (EULA), our SLA (“Service License Agreement”), and our Privacy Policy, and authorize Hybrid Hosting to accept this agreement on your behalf.

Information Updates Policy

In the sections that follow, capitalized initial letters in certain words signify defined meanings, maintaining their significance in both singular and plural forms. Occasionally, our website may contain typographical errors, inaccuracies, or omissions, especially concerning promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the website or any related service is inaccurate, at any time and without prior notice, even after your order has been placed. However, we're not obligated to continuously update, amend, or clarify information on the website, including pricing details, unless required by law. Therefore, any specified update or refresh date on the website shouldn't be considered as an indication that all information on the website or related services has been updated or modified.

Membership and Account Responsibility

Creating an account on our website obligates you to maintain its security. You bear full responsibility for any and all activities taking place under your account, including any actions associated with it. While we can monitor and review new accounts before granting access to our services, it is not obligatory for us to do so. To subscribe to any of our services, account holders must be at least eighteen (18) years old. However, those who are at least thirteen (13) but under eighteen (18) years old may subscribe to our services, provided they have explicit permission from a parent or legal guardian. You are expected not to circumvent any security measures we have in place to enforce this Agreement. Hybrid Hosting LLC does not take any responsibility or liability for any false claims regarding a user's age. We presume all account holders are of the required age or have received parental or guardian consent, with all liability resting on the consent-giving party.

Hybrid Hosting LLC retains the right to deny service to anyone. Our services must be utilized for lawful purposes and with lawful intent, as per the United States federal law and the law of Pennsylvania. Any use of our services in support of unlawful activities is strictly forbidden. We also reserve the right to collaborate with legal authorities and/or aggrieved third parties in the investigation of any alleged crime or civil offense. If anything is illegal in the United States of America, it is not allowed on our products and services. The transmission, distribution, or storage of any material violating any applicable law or regulation is expressly prohibited. This includes, but is not limited to, copyrighted, trademarked, or trade secret materials used without proper authorization, as well as obscene, defamatory, or illegal material, or material that violates export control laws. Hybrid Hosting LLC reserves the right to mark any content or links as unacceptable. If illegal activities or content are associated with your use of our services, your account may be suspended and/or terminated. If required by law enforcement, we may share any information linked to your identity.

Providing inaccurate contact information may lead to the termination of your account. You are required to notify us immediately if there are any unauthorized uses of your account or any other security breaches. We will not be held liable for your actions or lack thereof, including any damages incurred as a result of such behaviors. If you violate any part of this Agreement or your behavior or content is likely to harm our reputation and goodwill, we reserve the right to suspend, disable, or delete your account (or part of it). If your account is deleted due to the aforementioned reasons, re-registering for our services is prohibited. We may block your email address and IP address to prevent further registration.

Billing, Payments, and Refund Policy

You agree to pay all fees or charges to your account according to the fees, charges, and billing terms in effect at the time a fee or charge is due. Accounts with unpaid invoices after twenty-four (24) hours from the due date will be suspended, and if unpaid after three (3) days, will be terminated. You are responsible for all fees from the time your account was established until you request Hybrid Hosting LLC to terminate all services. Any remaining debt after account termination must still be paid, including any applicable court or collection fees.

Hybrid Hosting LLC may offer promotional rates or special offers, which may not be combined, and users cannot replace an existing service to gain a promotional discount. We reserve the right to alter product pricing, refuse any order, or limit quantities purchased per person, household, or order. If we need to change or cancel an order, we will contact you using the information provided at the time of order.

In case we deem your transaction high-risk, we may ask for a copy of your valid government-issued photo identification and possibly a recent bank statement for the credit or debit card used. Any chargebacks or disputes will result in immediate server suspension and the revocation of any refund rights.

Servers are eligible for refunds within 24 hours of the creation of the server in our database. Please note that this time is not marked by when your initial payment is processed and may differ by several hours or days. Refunds cannot be requested without probable cause. Non-monthly terms, domains, dedicated servers, colocation, add-ons, and upgrades are non-refundable unless an extraordinary circumstance subject to Hybrid Hosting LLC's approval. Refund requests must be made via a support ticket on our client area. Additionally, if you violate the Terms of Service or Acceptable Usage Policy, all refund requests are automatically void. We also reserve the right to deny refunds if we suspect your refund attempt may be fraudulent or if a payment error occurred due to failure to cancel an automated subscription.

If you have a PayPal subscription and fail to cancel it on your end, we will not be able to issue a refund. Any chargebacks or disputes initiated on a payment will result in automatic termination of services and closure of your account.

Responsible Use and Conduct Policy

As a user of Hybrid Hosting's services, you are expected to exercise responsible use and conduct. Failure to comply with these guidelines could result in service suspension and/or termination.

Executing Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks.
Engaging in cyberbullying, harassment, or promoting self-harm.
Disseminating malware and/or ransomware.
Sharing or distributing child/adult explicit content.
Infringing copyright through software piracy.
Committing identity theft.
Operating spam servers.
Faking IP addresses (IP spoofing).
Participating in phishing activities.
Evading usage limits like bandwidth, RAM, CPU, and I/O.
Carrying out any action or hosting content deemed illegal in the United States.

Customers are obliged to report any instances of abuse through our client area. You are given a 24-hour window to respond to an abuse report ticket with an appropriate solution and an explanation of the mentioned abuse. Failure to respond within this time frame may result in service suspension until the issue is resolved. In cases where the abuse is not addressed, Hybrid Hosting reserves the right to terminate the service and may ban the customer from accessing our network.

In addition, users are required to respect the shared nature of our resources. Activities that misuse the network or server resources, including but not limited to, using programs that consume excessive network capacity, CPU cycles, or disk IO, are strictly prohibited.

Should your actions negatively impact Hybrid Hosting's ability to provide a high-quality service to our customers, it may be seen as a breach of this policy. Hybrid Hosting reserves the right to impose resource limits, or, in extreme cases, suspend or terminate your service. For minor breaches, we will attempt to engage with you to devise an appropriate solution before taking any severe measures.

Colocation Services

All colocation customers of Hybrid Hosting are required to settle all outstanding invoices before they can request the return of their equipment in case of service termination. We offer assistance for remote activities, with costs billed directly from the data center.

The standard charge for these remote services is $240 per hour, invoiced in 15-minute segments ($60 per 15 minutes).
Hybrid Hosting reserves the right to modify the fee for remote services based on the nature of the requested activity.
In case of service termination, a fee for equipment de-racking and shipping is imposed, calculated at a rate of $240 per hour, billed in 15-minute segments ($60 per 15 minutes).
Packaging materials can be provided upon request, subject to availability. Customers have the choice of supplying a shipping label or having Hybrid Hosting provide one, with the cost added to the de-racking fee.

On service cancellation or termination, clients agree to promptly remove all their equipment from the designated colocation space. Any associated costs, including remote services fees, must be borne by the client. If equipment is not retrieved within 30 days following service termination, it will be deemed abandoned. Hybrid Hosting reserves the right to eliminate, dispose of, or liquidate any abandoned equipment, with the client held responsible for any associated costs. Proceeds from potential liquidation will be applied to the client's outstanding account balance. Please note, Hybrid Hosting will not be held accountable for any damage to the client's hardware while located at our data center or during shipping.

Service Termination

If you wish to end your services with Hybrid Hosting, you have the option to do so either through your account on https://morehybridhosting.xyz/whmcs or by submitting a cancellation request via our Discord server. You can find the link to our Discord server on our website at https://hybridhosting.co/).

A service termination request can be initiated at any time and can take effect either immediately or at the conclusion of the current billing cycle.
As Hybrid Hosting does not have the ability to access client PayPal accounts, we cannot be held responsible for any inadvertent payments resulting from the use of the automatic payment subscription feature.

It is therefore the client's responsibility to manage their subscription settings and ensure that payments align with their intended use of our services.

Data Backup Policy

Hybrid Hosting is not responsible for any data stored on our servers across all our services. The client has the sole responsibility to maintain suitable backups of their data.

Under no circumstances shall we be held accountable for any loss of data.
It is the client's responsibility to maintain adequate backups of their data.
Despite the aforementioned, we might be able to restore some or all of your data deleted at a certain date and time, given that we had backed up data for our internal purposes at that time. However, this is not an obligation and is provided on a best-effort basis.

We offer no guarantee that the specific data you require will be available in such instances. Your data's security and backup are primarily your responsibility, and Hybrid Hosting will not be accountable for any data loss.

Liability Limitation and Exclusion

Hybrid Hosting, under no circumstances, shall be held liable for any data loss, disruption of information, or distribution of information including that of unauthorized access to our server systems or any other loss of data. Hybrid Hosting shall not be held liable for any disruption, delay, or disconnection of services for any period of time.

In regards to specific types of damages, Hybrid Hosting will not be held liable for indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, lost profits, revenue, sales, loss of goodwill, loss of use of content, impact on business, interruption of business, loss of anticipated savings, and loss of business opportunity.

The extent of liability by Hybrid Hosting will be defined and limited to a specific financial amount, either tied to the total amount a client has paid to Hybrid Hosting over a specified period, or a pre-defined maximum dollar value, whichever is lower.

Hybrid Hosting is not responsible for, and will not be held liable for, the actions taken by its users or clients. We are not responsible for what our users do and will not accept liability for their actions.

Hybrid Hosting is not liable for any failure to provide service or delay in providing services caused by events or conditions beyond our control. This includes, but is not limited to, acts of God (like natural disasters), war, terrorism, labor disputes, government actions, or any other similar or dissimilar causes that might disrupt normal business operations, also known as force majeure events.

Hybrid Hosting is protected from any liability for harm that arises from the client's negligent or illegal actions. Any damage or loss caused by the negligence or illegal acts by the client is solely the responsibility of the client.

Intellectual Property Rights

All content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) hosted by Hybrid Hosting are owned by Hybrid Hosting, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Hybrid Hosting respects the intellectual property rights of others and expects its users to do the same. Users are expressly prohibited from using the services provided by Hybrid Hosting to infringe upon the intellectual property rights of others. This includes, but is not limited to, the unauthorized copying, distribution, or other use of copyrighted materials.

Unauthorized use of any trademarks, logos, or brand names owned by Hybrid Hosting or its affiliates is strictly prohibited. Users must not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

If you believe that your intellectual property rights have been violated, please contact us immediately. We reserve the right to remove any content that is alleged to infringe upon intellectual property rights, and to terminate the accounts of users who are repeat infringers.

Support and Promotions

At Hybrid Hosting, we prioritize client satisfaction and reliable service. As part of our commitment to you, we provide customer support primarily through our dedicated ticketing system. This system is directly accessible via our billing portal. We strongly encourage our clients to utilize this method for submitting support requests to ensure efficient and accurate responses. Queries raised through other communication channels may not be responded to by our authorized team, thus leading to potential delays or confusion in addressing your concerns.

Our support primarily covers technical errors and issues directly related to our services. This assistance does not extend to daily server management tasks like server installations or software setup. It's essential to recognize that as an 'unmanaged' service provider, we aim to give you the control and freedom to manage your server while we ensure its smooth operation.

We also offer promotional codes as part of our commitment to providing value to our clients. However, despite our best efforts, please note that the functionality of these codes cannot be guaranteed at all times.

At Hybrid Hosting, we believe in fair and flexible service. While we provide comprehensive 'unmanaged' support, we also maintain the right to offer semi-managed or fully managed support to select clients at our discretion. This flexibility allows us to meet the varying needs of our diverse client base while maintaining high service standards.

We appreciate your understanding and cooperation in acknowledging the scope and limitations of our support services. By working together, we can ensure a productive relationship and high-quality service delivery.

Dispute Resolution

For any dispute you have with Hybrid Hosting, you agree to first contact us and attempt to resolve the dispute with us informally. If Hybrid Hosting has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration under the commercial rules of the American Arbitration Association ("AAA").

All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution Section, Hybrid Hosting may recover attorneys' fees and costs up to $5,000, provided that Hybrid Hosting has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the state of Kentucky, or another location mutually agreed upon. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The decision of the arbitrator will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Hybrid Hosting will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Hybrid Hosting will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $10,000.

The laws of the state of Kentucky, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Legal Contact

Hybrid Hosting retains the right to seek and consult with any appropriate authorities that may need to be involved in the event of an issue arising whether it is through violation of this policy or any other illegal occurrence requiring the involvement of law-enforcement agencies.

Service Termination

Hybrid Hosting takes the integrity and smooth operation of its services very seriously. As such, we reserve the right to terminate your server or service if any violation of these terms is detected, or under any other circumstances that we deem necessary.

Instances where systems are used to bypass limits set on your server will lead to immediate service termination without any refund.
Services suspended due to non-payment are subject to termination 3 days after the initial invoice due date.

Please note that once a service has been terminated or a cancellation request has been processed, Hybrid Hosting is unable to restore any data related to that service. We encourage our clients to adhere to these terms to maintain a seamless service experience.

Fraudulent Activity

Use of Hybrid Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.”

Unauthorized access

Use of the Hybrid Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Hybrid Hosting or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Hybrid Hosting account is subject to immediate termination and further investigation.

Network disruptions and unfriendly activity:

Use of the Hybrid Hosting service for any activity which affects the ability of other people or systems to use Hybrid Hosting Services or the Internet. This includes “Denial of Service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services, or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Hybrid Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud

Fraud involves a knowing misrepresentation or misleading statement, writing, or activity made with the intent that the person receiving it will act upon it. Fraud is strictly prohibited and offenses will be investigated.

Third-party Links, Sites, and Services

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Hybrid Hosting. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Hybrid Hosting, you do so at your own risk and you agree that Hybrid Hosting will have no liability arising from your use of or access to any third-party website, service, or content.

Node Downtime

We want to be transparent about our node availability. There might be instances where our nodes could go offline, whether intentionally or unintentionally, with or without prior notice. We encourage you to review our Service Level Agreement (SLA) for a more detailed understanding of our node downtime policy and compensation eligibility. Rest assured, we're committed to providing a reliable hosting experience for our valued customers.

Storage Usage Policy

At Hybrid Hosting, we provide ample storage for your server needs, and we want to ensure that our service is used responsibly and fairly. Here's our storage usage policy:

Intended Use: The storage offered with our plans is meant solely for storing files related to your server. If you use the storage for any other purpose, we may ask you to remove those files.
Large Unnecessary Files: In the interest of maintaining a fair and efficient environment for all our customers, if we find excessively large files that are deemed unnecessary for server operations, we may request their removal.
Storage Limit: You have full access to your server storage up to 128GB. If you reach this limit, there might be a temporary pause on your storage until one of our staff members reviews your server usage.
Fair Use: If your storage usage falls within fair and reasonable limits, you will continue to receive access to the rest of your storage as per your plan. (Intended Server Usage)

Please note that the above storage usage policy is applicable to our regular hosting plans and does not apply to colocation or dedicated server services. Colocation and dedicated server clients will have specific storage arrangements and policies tailored to their unique requirements. If you have any questions or need further clarification about storage policies for colocation or dedicated servers, our dedicated support team will be more than happy to assist you. We strive to provide the best hosting experience for all our customers, regardless of their chosen hosting solution.

Changes and Amendments

We at Hybrid Hosting reserve the right to modify, change, or otherwise alter these Terms of Service at our discretion at any time. Such changes or modifications shall become effective immediately upon the posting thereof. You waive any right you may have to receive specific notice of such changes or modifications.

Your continued use of the Hybrid Hosting services after the revision of these Terms of Service constitutes your agreement to be bound by such changes and modifications. Therefore, you should periodically review these Terms of Service to understand the terms and conditions that apply to your use of our services.

If you do not agree to the amended terms, you must stop using our services immediately. The current version of the Terms of Service will supersede all earlier versions.

Signed,

Koby Pierce

Founder and CEO of Hybrid Hosting LLC