Service Agreement

This is a legal document. All Hoyist customers are bound by it! (Please read it!)

You must read and agree to all terms in this document before using our services. By using or continuing to use Hoyist services, you are automatically agreeing to the terms of this document!

What is this?

The agreement below is a legal agreement between Hoyist and all of our customers. If you use any service provided by or affiliated with Hoyist, you are legally bound by this agreement. Read it carefully before signing up and ensure that you understand and agree to all parts. Use of our services implies agreement with this contract!

This agreement is between you (hereinafter “you”, “your” or “beneficiary”) as beneficiary and Hoyist as a provider of hosting services (shared hosting, virtual servers or dedicated servers). Using our services is the subject of this contract.

This Agreement, whose provisions and clauses agreed in the contractual freedom under the law has been established by our mutual agreement and in compliance with the law.

This contact serves as the legal basis for all services provided by Hoyist.

Questions?

Any questions regarding this agreement should be sent to Hoyist’s sales department prior to signing up for service.

SERVICE AGREEMENT

THIS AGREEMENT (“Agreement”) is made and effective as of the date of acceptance, by and between you (“Client”) and Hoyist.

WHEREAS, Hoyist owns, distributes and provides various products and services for conducting business on the Internet including shared, reseller and dedicated web hosting, cPanel licensing, and the Hoyist family of services (hereinafter collectively referred to as the “Services”).

WHEREAS, Client desires to utilize some or all of the Services to develop, enhance or maintain Client’s business and/or presence on the Internet.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. HOYIST SERVICES

Hoyist agrees to provide to Client the Services agreed upon between Hoyist and Client as selected by Client in Hoyist’s customer database that is specified at https://hoyist.com/

2. PAYMENT AND INVOICING

2.1 In consideration of the performance of the Services, Client shall pay Hoyist in advance the amount set forth in Hoyist’s customer database as such records are amended from time to time for the Services during the term of this Agreement.

2.2 Client is responsible for all activities and charges resulting from Client’s use of the Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. In the event of a breach of security, Client will remain liable for any unauthorized use of the Services until Client notifies Hoyist by sending an e-mail with account information to [email protected].

2.3 Current rates for using the Services may be obtained on our web site at www.Hoyist.com. Hoyist reserves the right to change fees, surcharges, or to institute new fees at any time. In addition, Hoyist may institute special trial offers, from time to time, that shall be reflected in the confirmation letter sent to Client upon sign up. If Hoyist does not receive the full amount of Client’s Service account balance, Hoyist may suspend and/or terminate Client’s account immediately without further notice to Client.

2.4 All hosting services renew automatically. The client may opt out of automatic renewals by contacting our Billing department at [email protected].

3. RESPONSIBILITIES AND RIGHTS OF HOYIST

3.1 Means of Performance.

Hoyist shall provide Client with the Hoyist hosting services, as described at www.Hoyist.com hereto. Hoyist has the right to control and direct the means, manner, and method by which the host services are performed. Currently, the server locations for Web Hosting, WordPress Hosting, and Reseller Hosting are San Francisco, New York, London, Singapore, and Bucharest. The server locations for VPS Hosting are: San Francisco, New York, Toronto, London, Amsterdam, Bucharest, Bangalore, and Singapore . Hoyist retains the right to alter the default location for accounts at its discretion as needed.

3.2 Support.

Hoyist shall provide a reasonable level of technical support to Client via email or LiveChat for the term of this Agreement.

3.3 Uptime Guarantee.

“Uptime” refers to the amount of time the Services are available, as measured solely and only by Hoyist’s internal monitoring systems. We will not accept third-party uptime monitoring systems as evidence that you are entitled to a compensation. “Downtime” refers to the amount of time the Services are unavailable, as measured solely and only by Hoyist’s internal monitoring systems. Hoyist guarantees networking and services connectivity uptime of 99.99% on an annual base. If we fall below the guaranteed uptime, we will compensate you as follows:

An additional month of free hosting for every 1% of uptime lost below 98.97%

In the event such level of service is not provided, Hoyist will offer a compensation as determined in the chart above, and only for your Hoyist hosting Services, but not for any of the following products and additional services: domain name registration, software licenses (Web Development, All other services other than hosting, vps), set up fees, Automated remote backups, SSL Certificates, labor charges, and other services which are unrelated to hosting service Uptime.

Compensation is limited to the length of your current billing cycle, but cannot exceed twelve months for the affected hosting services.

To receive compensation, You must make a request by creating a ticket with our Billing department, within your lab. Each request in connection with this Agreement must include the dates and times of the Downtime, the name and IP address of the server or servers which experienced the Downtime. The request must be received by Hoyist within ten (10) business days after the incident of Downtime. If the unavailability is confirmed by Hoyist, compensation will be applied to Your Hoyist account within thirty (30) days of receipt of the request.

The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms referring to Uptime Guarantee. Moreover, downtime caused by any of the following shall not result in any obligation by Hoyist to provide credit to You:

emergency maintenance

scheduled maintenance

system or hardware upgrades

domain name system (DNS) problems outside of Hoyist’s control

issues with FTP, POP, IMAP, or SMTP customer access

Acts or omissions by You or any of Your employees or agents, resulting in downtime

Any negligence, willful misconduct, or use of the services in breach of Hoyist’s Acceptable Use Policy

Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Hoyist servers

Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events

Downtime caused when you reach out the maximum resources allocation for your plan.

3.4 Other Work.

Hoyist has the right to perform and license products to others during the term of this Agreement. Hoyist may elect to electronically monitor the host services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate host services and protect its Clients. Hoyist reserves the right to block any site hosted by Hoyist that contains any content that Hoyist deems in its sole discretion to be unacceptable or undesirable

4. RESPONSIBILITIES AND RIGHTS OF CLIENT

4.1 Client.

Client represents and warrants that

(i) Client is at least eighteen (18) years of age

(ii) Client possesses the legal right and ability to enter into this Agreement, and

(iii) the performance of Client’s obligations and use of the Services by Client, its customers and users, will not violate any applicable laws, regulations or the rules and regulations or cause a breach of any agreement with any third parties or unreasonably interfere with other Hoyist Clients’ use of Services.

Client assumes all risks related to the processing of transactions related to electronic commerce. Client agrees to provide Hoyist with the accurate, complete and updated information required by the registration of the Hoyist host service (Client Registration Data), including Client’s legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Client agrees to notify Hoyist within thirty (30) days of any changes in Client’s Registration Data. If Client fails to provide accurate information, Hoyist may suspend or terminate services after notice. Action within 7 days. Each field change costs $2 (e.g., street address, mobile number).

4.2 Breach of Warranties.

in the event of the breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Hoyist will have the right, in its sole discretion, to suspend or terminate immediately any Services.

4.3 Fees and Expenses.

Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and a third-party domain name registrar.

4.4 Third-Party Software.

Third-party software available through the Services may be governed by separate end user licenses. By using the Services and the third-party software, the Client agrees to be bound by the terms of such end user licenses regarding the applicable third-party software. Client consents and authorizes Hoyist to delegate the authorizations Client provides to Hoyist to its third party service provider(s) as Hoyist deems necessary or desirable to provide the applicable Services. Client agrees that the terms and conditions of this Agreement, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such third party service providers and such third party service providers are deemed to be third party beneficiaries of the Agreement, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. The client also agrees that all reference to “Hoyist” within this Agreement and any incorporated terms are also deemed to include, where applicable, Hoyist’s agents, such as the third party service providers.

4.5 Advertising, Solicitation, and Client Name Harvesting.

The client may not use the Services to send unsolicited advertising, promotional materials, or other forms of solicitation to the Hoyist clients or other Internet users unless the Client receives the express permission of such individuals. The client may not use the means of unsolicited advertising to advertise a site hosted on the Hoyist network. The client may not use the Services to collect or “harvest” user-names of Hoyist clients or other Internet users without the expressed prior permission of the member. Hoyist reserves the right to block or filter mass email solicitations sent from sites hosted on the Hoyist network.

4.6 Management of Site

Client is fully responsible for all content on their site and must follow this Agreement, Hoyist’s Terms of Service, and guidelines. Client guarantees their site will

(i) comply with Hoyist’s TOS

(ii) not infringe copyrights, patents, or third-party rights, and

(iii) not violate any laws. Hoyist has no duty to review or monitor site content but may block or terminate sites that violate terms, laws, policies, or are deemed offensive.

4.7 Compliance Laws.

Client agrees to use the Services lawfully and follow this Agreement and TOS. Printing or similar demands are client’s responsibility; Hoyist does not provide these. Hoyist may update TOS with notice posted on the site. Client can request the current TOS anytime and confirms understanding of it.

4.8 Proprietary Rights.

Unless stated otherwise, all work done by Hoyist belongs solely to Hoyist. If ownership doesn’t transfer by law, Client irrevocably assigns all rights to Hoyist. Hoyist holds all copyrights, trademarks, and protections, including renewals. Client agrees to assist Hoyist, at Hoyist’s cost, to secure these rights.

Resellers

Notice About Reseller Hosting Usage: Currently, all plans are unlimited. If this changes, we will notify you in advance.

5. LIMITATION OF LIABILITY, NO OTHER WARRANTY, AND DISCLAIMER

5.1 Limitation. Any limited guarantees Hoyist provides become void if Client breaks Hoyist’s TOS, policies, or this Agreement in any way.

5.2 Backups. Hoyist does nightly backups of Web Hosting, Reseller Hosting, and WordPress Hosting servers for administrative use only; these backups are NOT GUARANTEED. Clients must keep their own backups on personal devices. Hoyist won’t compensate for lost or incomplete data, even if due to its negligence. We try to ensure accurate backups but take no responsibility. Always back up your site personally. No guarantees on backup availability.

5.3 No Other Warranty. Hoyist does not control or monitor content transmitted via its services. Use is at Client’s own risk. Services are provided “as is.” Except where stated in order forms, Hoyist disclaims all warranties, including merchantability, fitness for purpose, non-infringement, and others arising from trade or usage. Hoyist does not guarantee uninterrupted, error-free, or secure services.

5.4 Disclaimer of Actions Caused by Third Parties. Hoyist cannot control information flow between its network and the Internet, which depends on third-party Internet providers. These third parties may cause disruptions. Hoyist disclaims all liability for such events.

6. INDEMNIFICATION

Client agrees to indemnify, defend, and hold Hoyist, its affiliates, agents, employees, and licensors including third-party providers harmless from any claims, demands, losses, costs, or expenses, including attorneys’ fees, arising from Client’s violation of this Agreement, securities laws, or others’ rights including copyright or privacy violations.

Under no circumstances, including negligence, will Hoyist or its affiliates, agents, employees, or licensors including third parties be liable for any damages from using or inability to use the Services, even if warned of possible damages.

Hoyist and its third parties are not liable to Client or any third party for any liability arising from use or reliance on Services or information provided. This includes loss of profits, goodwill, data, or any direct, indirect, special, consequential, incidental, or punitive damages even if advised of the possibility because of

(i) use or inability to use the Services
(ii) data loss, deletion, misdelivery, or failure to store user data or settings
(iii) cost of substitute goods or services
(iv) statements or conduct of anyone on the Services
(v) use, inability to use, or non-performance by any third party
(vi) any other matter related to the Services

Client agrees not to hold Hoyist responsible for acts or omissions of third parties connected to Client Services.

Some states prohibit limiting liability for incidental or consequential damages so those limits may not apply.

If any liability limits are found unenforceable, Client agrees Hoyist’s total liability will not exceed 100 US dollars regardless of legal theory or form of action.

7. Resource Usage Policy

1.  Resource Limits

   • If your account usage exceeds 90% of allocated resources more than twice, we reserve the right to suspend or remove the account.

   • In such cases, a $20 fine will apply.

   • You will then have two options (both requiring payment of the fine):

     1. Upgrade your account to a higher plan.

     2. Obtain a backup of your data and migrate to another provider.

     3. In the event that server resource consumption exceeds acceptable thresholds, we retain full discretion to implement modifications to cPanel technical usage parameters, including but not limited to allocation adjustments, in order to preserve overall system stability and performance. Such modifications may be maintained for an indefinite duration at our sole determination.

2. Prohibited File Hosting

   • Hosting of certain files is strictly prohibited across all services, including but not limited to:

     • Log files generating excessive storage

     • Zip/archived files

     • Video files (e.g., mp4, movies, media libraries)

   • If we detect such files, we will remove them. After two violations, a notice will be issued.

   • Upon notice, you must pay a $20 fine and choose one of the following options:

     1. Upgrade your account.

     2. Take a backup of your data by paying the fine and move elsewhere.

8. TERMINATION

7.1 Without Cause. Either party may end this Agreement anytime during a Renewal Term with at least five days’ email notice. Client must pay all fees due through termination and prepay for any Services during the notice period.

7.2 For Cause. Hoyist may immediately end or suspend services without notice if Client fails to pay or breaches TOS or policies. Client may end the Agreement if Hoyist breaches a material term with written notice. If Hoyist ends under this section, Client owes the full balance of the current term. Hoyist can remove content or prohibit conduct violating TOS or deemed illegal or harmful.

7.3 No Liability for Termination. Neither party owes damages for terminating or expiring Services per this Agreement.

7.4 Survival. Sections 4, 5, 6, 7, and 8 remain effective after termination or expiration.

7.5 IP Address. When this Agreement ends, Client must give up IP addresses assigned by Hoyist or its suppliers (not URLs or domains). Hoyist can change or remove these IPs at its discretion.

9. GENERAL

At Hoyist, we always treat our customers with the utmost respect. In return, we expect the same from you. If our staff feels that you are consistently addressing them in a demeaning or rude manner, your account may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for support abuse, customers will be given ten (10) days notice to find a new host.

Service Responsibility Clause

The client assumes full responsibility for any hosting-related issues, including backups and site maintenance, for all products except Managed Hosting.  

The company’s responsibility is limited to:  

Server downtime  

Website inaccessibility due to server issues  

Server license problems  

All support outside of these issues is only available with Managed Hosting, where the client’s sole responsibility is to ensure backups. In this plan, the company handles all other hosting-related concerns.  

In cases of hacking, cyberattacks, or security breaches affecting the server, cPanel account, hosting, or website, the client is fully responsible for managing these issues.

Support Abuse

1. No Spamming

Clients must not send excessive or repeated support requests that clog or overwhelm Hoyist’s support system.

2. Respectful Communication

Clients should always be polite and professional. Using offensive, threatening, or abusive language towards support staff is prohibited.

3. Honest Claims

Clients must provide truthful information and avoid making false claims or complaints to waste time or resources.

4. Proper Use of Support

Support should be used for legitimate service issues. Demanding free services, fixes, or actions outside the agreed terms is not allowed.

Consequences

Hoyist reserves the right to limit, suspend, or terminate support access for clients who abuse the support system to protect staff and resources.

If to Client:

Severability

If any part of this Agreement is unenforceable, the rest remains valid.

Force Majeure

Hoyist isn’t responsible for failures caused by uncontrollable events like disasters or strikes. It is Client’s responsibility to back up and protect their business data.

Independent Contractors

Hoyist and Client are separate entities. Neither can act or sign for the other. This is not a partnership.

Implied Agreement

Using Hoyist’s services means Client agrees to all terms and TOS. If Client disagrees, they must terminate immediately (see Section 7).

Entire Agreement

This document and attachments form the full Agreement, overriding any previous agreements unless otherwise agreed in writing.

No Party Deemed Drafter

If a court reviews this Agreement, no part will be interpreted more harshly against either party.

Client agrees not to take legal or other action against Hoyist for changes in price, product, or service updates/removals.

If Client publicly expresses hate or negative content against Hoyist on any platform (social media, forums, review sites like Trustpilot), Hoyist may suspend or terminate the Client immediately without further notice.Exhibit A: Hoyist Terms of Service (TOS)

Hoyist’s current Terms of Service are available at the following Link: Terms Of Service

Exhibit B:

Hoyist Resource Usage Policy (RUP) is available under each product and may change anytime with 7 to 15 days’ notice from Hoyist for specific or all products.

Questions about this agreement must be sent to Hoyist’s sales department before signing up, via any support channel.

Document Revisions

• February 1, 2025: Updated Terms of Service to include the "Service Responsibility Clause" regarding client responsibilities and support in Managed Hosting.
• May 23, 2025: Updated Terms of Service to include the "Resellers" regarding storage usage.
• September 04, 2025: All terms updates