PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING OR USING ANY HOSTING SERVICE FROM 10CORP, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
This Hosting Agreement ("Agreement") is a legally binding contract between you ("Customer," "you," or "your") and 10Corp Web Services LLC ("10Corp," "we," "us," or "our"). This Agreement governs your use of all web hosting services provided by 10Corp, including shared hosting, VPS hosting, dedicated server hosting, reseller hosting, cloud hosting, and any other hosting-related services offered through the 10Corp platform. By purchasing or activating any hosting service, you agree to this Agreement, our Universal Terms of Service, Anti-SPAM Policy, and Privacy Policy.
1. Hosting Services
A. Service Description
10Corp provides web hosting services that allow you to publish websites, applications, email accounts, and digital content on the internet using servers operated by or contracted by 10Corp. The specific resources, features, and limitations of your hosting plan are detailed in the plan description at the time of purchase and may be updated from time to time with notice.
B. Uptime and Service Level
10Corp targets a 99.9% monthly uptime availability for shared and VPS hosting services, excluding scheduled maintenance, emergency maintenance, events beyond our reasonable control (force majeure), and downtime caused by your own actions or third-party services. Uptime is calculated on a monthly basis. Shared hosting accounts affected by confirmed downtime exceeding this threshold may be eligible for pro-rated service credits at 10Corp's discretion, subject to a support ticket being filed within five (5) days of the incident.
C. Resource Limits
All shared hosting plans are subject to resource limits including but not limited to disk space, bandwidth, CPU usage, RAM, and concurrent connections. These limits are specified in your plan details. Consistent or excessive use of resources that adversely affects other customers on shared servers may result in account throttling, temporary suspension, or a requirement to upgrade to a higher-tier plan. 10Corp reserves the right to determine what constitutes excessive use in its sole discretion.
2. Acceptable Use Policy
You agree to use 10Corp's hosting services only for lawful purposes. The following are strictly prohibited on all 10Corp hosting accounts:
- Hosting, distributing, or transmitting any content that is illegal under applicable local, national, or international law;
- Sending unsolicited bulk email (spam) or operating spam-related services, including open mail relays;
- Hosting, distributing, or linking to malware, spyware, ransomware, viruses, trojans, or any other malicious code;
- Phishing websites, fraudulent storefronts, or any site designed to deceive visitors;
- Unauthorized access to, or probing, scanning, or testing the vulnerability of any system or network;
- Hosting content that infringes any copyright, trademark, patent, or other intellectual property right of any third party;
- Child sexual abuse material (CSAM) or any content that sexually exploits minors '€” zero tolerance policy, immediate termination and law enforcement referral;
- Cryptocurrency mining using server resources;
- Running IRC servers, Usenet servers, peer-to-peer file sharing applications, or bittorrent trackers;
- Storing or transmitting any material that violates the privacy rights of any individual.
3. Email Services
Hosting plans that include email hosting are subject to the following additional conditions:
- All email must comply with our Anti-SPAM Policy and applicable law, including CAN-SPAM;
- Bulk email sending may require a dedicated IP and prior written approval from 10Corp;
- 10Corp reserves the right to block or rate-limit outbound email from accounts that generate excessive bounce rates or spam complaints;
- 10Corp is not responsible for email delivery to all recipients and does not guarantee inbox placement.
4. Backups
10Corp may perform automated backups of hosting account data as a convenience. However, you are solely responsible for maintaining your own backups of all website files, databases, email, and other data. 10Corp's backups, where available, are provided on a best-effort basis and are not guaranteed to be complete, current, or recoverable. 10Corp shall not be liable for any data loss, regardless of the cause. You are strongly encouraged to maintain independent off-site backups of all critical data.
5. Security
You are responsible for maintaining the security of your hosting account, including:
- Using strong, unique passwords for your control panel, FTP, email, and database accounts;
- Keeping all website software, plugins, themes, and CMS installations (e.g., WordPress, Joomla) updated to the latest security releases;
- Promptly removing or securing any compromised files or scripts discovered on your account;
- Notifying 10Corp support immediately if you suspect unauthorized access to your account.
10Corp reserves the right to suspend any hosting account that is found to be compromised, transmitting malicious traffic, or otherwise posing a security risk to other customers or to 10Corp's infrastructure, without prior notice.
6. Fees, Billing, and Renewal
Hosting services are billed in advance on a monthly or annual basis, as selected at purchase. All fees are displayed in U.S. Dollars and are non-refundable except as provided in our Refund Policy. Hosting accounts renew automatically unless canceled at least three (3) days before the renewal date. Failure to pay renewal fees will result in service suspension followed by account termination and potential data deletion. 10Corp reserves the right to modify hosting fees with at least thirty (30) days' notice.
7. Content Ownership and Responsibility
You retain full ownership of all content you host on 10Corp's servers. You are solely responsible for all content published, transmitted, or stored through your hosting account, including content uploaded or generated by your users or visitors. 10Corp is a passive conduit for hosted content and does not pre-screen content. However, 10Corp reserves the right to remove any content that violates this Agreement or applicable law, without prior notice.
8. DMCA Copyright Takedown
10Corp responds to valid copyright infringement notices submitted pursuant to the Digital Millennium Copyright Act (DMCA). If you believe content hosted on 10Corp's servers infringes your copyright, please submit a DMCA takedown notice to legal@10corp.com with all required elements as specified by 17 U.S.C. § 512(c)(3). Counter-notices may be submitted pursuant to 17 U.S.C. § 512(g). 10Corp's designated DMCA agent is: Legal Department, 10Corp Web Services LLC.
9. Suspension and Termination
10Corp may immediately suspend or terminate your hosting account without prior notice for: violation of this Agreement or our Acceptable Use Policy; non-payment of fees; hosting content that poses an immediate security or legal risk; receipt of a valid court order; or DMCA infringement notices. Following termination, all data associated with the account may be deleted after thirty (30) days. 10Corp is not responsible for data loss resulting from account termination.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 10CORP'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM HOSTING SERVICES SHALL NOT EXCEED THE TOTAL HOSTING FEES PAID BY YOU TO 10CORP IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL 10CORP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF REVENUE, OR LOSS OF BUSINESS. YOUR SOLE REMEDY FOR SERVICE FAILURES SHALL BE THE SERVICE CREDIT DESCRIBED IN SECTION 1(B).
11. Indemnification
You agree to indemnify, defend, and hold harmless 10Corp Web Services LLC and its affiliates, officers, directors, employees, and agents from any claim, liability, fine, penalty, or expense (including attorneys' fees) arising from: content you host on 10Corp's servers; your violation of this Agreement; your violation of any third-party rights; or any claim related to your website or web application.
12. Governing Law
This Agreement is governed by the laws of the State of Georgia, United States. Disputes shall be resolved through binding arbitration in Georgia, except that either party may seek immediate injunctive relief in any court of competent jurisdiction.