Terms of service

These terms govern your use of hosting and related services provided by Hostgray (“Hostgray”, “we”, “us”). By using our services you agree to them. If you do not agree, do not use the services.

We may update these terms. Where a change materially affects you, we will give you advance notice by email before it takes effect. Continuing to use the service after that date means you accept the updated terms.

You must give us accurate contact details and keep them current, because that is how we reach you about your account and about problems with your service.

You are responsible for keeping your login details confidential and for activity that happens under your account. Tell us straight away at [email protected] if you think someone else has access.

You must be at least 18 to hold an account. If you are signing up for an organisation, you confirm you are allowed to agree to these terms on its behalf.

You may use the services only for lawful purposes. You must not:

• host or distribute malware or any other malicious code;
• send unsolicited bulk email, or run an open mail relay;
• use our infrastructure to attack anyone, including denial-of-service attacks;
• host content that is illegal where you or we operate;
• infringe anyone else’s intellectual property rights;
• mine cryptocurrency without our written agreement;
• resell our services without a reseller agreement, unless your plan expressly permits it;
• test the security of systems you do not own or have permission to test.

Breaking this section can result in suspension, as set out in section 7.

Fees, the currency you are billed in, and the billing cycle are confirmed with you before you are charged. Until automated billing is in place, we will confirm the amount in writing and you will receive an invoice. All fees are in NZD and include GST.

Price changes. Your renewal price is the price you signed up at. If we ever need to change it, we will tell you at least 30 days before it takes effect, and you can cancel before then.

Refunds. If you change your mind within 30 days of first signing up, tell us and we will refund you. Refunds for later periods are at our discretion, except where the law requires otherwise.

Non-payment. If an invoice is unpaid for 10 days we may suspend the service. We will always try to reach you first.

We work to keep your service online and we tell you about planned work in advance.

We do not currently offer a service level agreement, and no service credits are payable. We would rather publish a commitment we can measure than one we cannot. When we do, this section will say how uptime is measured, what is excluded, and how to claim.

Scheduled maintenance, factors outside our reasonable control, and problems caused by your own configuration or content are not our responsibility.

Your content belongs to you. We claim no rights over it. You are responsible for having the right to store and publish everything you put on the service.

Plans include automated backups with the retention period described for your plan. Backups are a safety net, not a substitute for your own copies, and we cannot guarantee that every restore will succeed. Keep your own backup of anything you cannot afford to lose.

When your account closes, we remove your data from active systems. Some records, such as invoices, are kept longer where tax or other law requires it. Details are in our privacy policy.

We may suspend an account for non-payment, for a breach of section 3, where something is endangering other customers, or where the law requires it. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem.

You may cancel at any time. Just ask and we will help you export your files and database. Cancelling does not remove fees already due, and refunds are governed by section 4.

To the extent the law allows, our total liability to you for anything arising from these terms or the service is limited to the fees you paid us in the three months before the event.

We are not liable for indirect or consequential losses, including lost profits or lost business, even if we were told they were possible.

Nothing here limits rights you have that cannot be limited by law, including consumer rights. In particular, if you are a consumer in New Zealand or Pakistan, the mandatory protections of your local law continue to apply.

These terms are governed by the laws of New Zealand. Disputes are subject to the exclusive jurisdiction of the New Zealand courts.

Wherever you are, the consumer protections you are entitled to under your local law continue to apply.

Questions about these terms: