Charter Hosting Terms of Service

1. Agreement and Acceptance of Terms

These Terms of Service ("Terms," "Terms of Service," or "Agreement") govern your access to and use of the websites, hosting services, servers, software, applications, products, systems, technical support, professional services, and other services provided by Michael Moller, an individual, doing business as Charter Hosting ("Charter Hosting," "we," "us," or "our").

"Customer," "you," and "your" refer to the individual or legal entity that accesses, orders, purchases, or uses Charter Hosting Services. "Services" means any product or service provided, sold, licensed, managed, resold, or otherwise made available by Charter Hosting.

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, PLACING AN ORDER, ACCESSING OR USING A SERVICE, CLICKING AN ACCEPTANCE BUTTON, OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

If you do not agree to these Terms, you must not purchase, access, or use the Services.

These Terms incorporate by reference Charter Hosting's Privacy Policy, Acceptable Use Policy, and Refund Policy:

• Privacy Policy: https://charterhosting.com/privacy-policy/
• Acceptable Use Policy: https://charterhosting.com/acceptable-use-policy/
• Refund Policy: https://charterhosting.com/refund-policy/

A violation of an incorporated policy constitutes a violation of these Terms.

2. Services Covered by These Terms

These Terms apply to Services including, without limitation:

• Shared web hosting;
• Linux web hosting;
• Windows web hosting;
• WordPress hosting;
• Cloud hosting;
• Reseller hosting;
• Virtual private servers ("VPS");
• Cloud servers;
• Dedicated servers;
• Managed server services;
• Website builder services;
• Business and enterprise email services;
• Domain registration, renewal, transfer, and DNS services;
• SSL/TLS certificates;
• Website security products and services;
• Google Workspace and other third-party products;
• Software licenses;
• WordPress plugins and other software;
• APIs;
• Artificial intelligence services;
• Website migrations;
• Technical support;
• Professional services; and
• Any other product or service offered by Charter Hosting.

Certain Services may be subject to additional product-specific terms, license agreements, order forms, service descriptions, or Service Level Agreements. Those additional terms are incorporated into this Agreement where applicable.

3. Customer Accounts, Eligibility, and Security

3.1 Eligibility

You must be at least eighteen (18) years old and legally capable of entering into a binding contract to purchase or use Charter Hosting Services.

If you use the Services on behalf of a company, organization, partnership, corporation, limited liability company, or other entity, you represent and warrant that you have authority to bind that entity to this Agreement.

3.2 Accurate Account Information

You agree to provide accurate, complete, and current account, contact, and billing information and to keep that information updated.

You are responsible for maintaining:

• A valid and accessible email address;
• Current billing information;
• Accurate contact information;
• Secure passwords;
• Secure authentication credentials; and
• Control over access to your Charter Hosting account.

Charter Hosting is not responsible for problems caused by inaccurate, outdated, inaccessible, or incomplete account information supplied by the customer.

3.3 Account Security

You are responsible for maintaining the confidentiality and security of usernames, passwords, API keys, authentication tokens, server credentials, control-panel credentials, email passwords, and other credentials associated with your account.

You must promptly notify Charter Hosting if you believe an account, website, mailbox, server, credential, API key, application, or other resource has been compromised.

3.4 Authorized Contacts and Users

Charter Hosting may accept account-level instructions from the primary account holder and from contacts or users authorized through the billing manager control panel.

The primary account holder is responsible for determining who has access to the account and for removing authorization when access is no longer appropriate.

3.5 Account Ownership Disputes

If ownership or control of an account is disputed, Charter Hosting may freeze account changes, restrict access, or require additional verification until ownership or authority is reasonably established.

Charter Hosting may consider evidence including:

• The primary account registration;
• Billing records;
• Payment history;
• Identification;
• Domain ownership;
• Account history;
• Business records; and
• Other information Charter Hosting reasonably considers relevant.

3.6 Account Transfers

Customers may not sell, assign, transfer, or otherwise transfer control of a Charter Hosting account or Service to another person or business without Charter Hosting's prior approval.

3.7 Death, Incapacity, or Business Closure

If an account holder dies, becomes incapacitated, or a business closes or changes ownership, Charter Hosting may require reasonable legal documentation before granting or transferring account access or control.

3.8 Fraud and Identity Verification

Charter Hosting may use reasonable fraud-prevention, identity-verification, payment-verification, and abuse-prevention procedures.

We may delay, reject, cancel, suspend, or require additional verification for an order or account reasonably associated with fraud, stolen payment information, identity theft, sanctions violations, abuse, unauthorized activity, or material security risk.

4. Billing, Payments, Renewals, and Late Fees

4.1 Payment in Advance

Hosting and recurring Services are billed and payable in advance for the applicable billing period unless Charter Hosting expressly agrees otherwise in writing.

4.2 Currency

Unless expressly stated otherwise, all prices, invoices, fees, credits, refunds, and other amounts are stated and processed in United States dollars (USD).

4.3 Fees

You agree to pay all charges associated with Services ordered through your account.

Charges may include:

• Hosting fees;
• Recurring subscription fees;
• Setup and provisioning fees;
• Usage charges;
• Software and license fees;
• Domain fees;
• Renewal fees;
• Professional-service charges;
• Migration charges;
• Restoration or recovery charges;
• Administrative charges;
• Applicable taxes; and
• Other properly authorized fees.

4.4 Automatic Renewal

Services designated as recurring may automatically renew for successive billing periods until canceled.

By purchasing a recurring Service, you authorize Charter Hosting and its payment processors to charge your payment method for applicable recurring charges, subject to applicable law.

Charter Hosting will provide automatic-renewal disclosures, notices, and cancellation methods where required by applicable law.

4.5 Renewal Pricing

Recurring Services renew at Charter Hosting's then-current applicable renewal price, which may differ from the original, introductory, promotional, or discounted price.

4.6 Renewal Notices

Except for notices required by applicable law, renewal reminders are provided as a courtesy only. Charter Hosting does not guarantee a specific number or timing of courtesy renewal notices.

Customers remain responsible for monitoring renewal dates and maintaining valid billing information.

4.7 Failed Payments

Charter Hosting has no obligation to continue providing an unpaid Service.

If payment cannot be processed, Charter Hosting may attempt to process the payment again and may suspend or terminate Services as provided in these Terms.

4.8 Late Fees

To the maximum extent permitted by applicable law, invoices remaining unpaid seven (7) days after the applicable due date may be assessed a late fee equal to fifteen percent (15%) of the outstanding invoice balance, subject to a minimum late fee of $2.50.

4.9 Returned and Reversed Payments

Charter Hosting may charge reasonable costs associated with returned payments, failed ACH transactions, reversed payments, or payment-processor charges where permitted by applicable law.

4.10 Taxes and Government Charges

Customers are responsible for applicable taxes, government fees, regulatory charges, and similar amounts associated with their Services, except taxes imposed directly on Charter Hosting's net income.

4.11 Collections

Charter Hosting may refer unpaid balances to a collection agency or attorney and may recover reasonable collection costs, attorneys' fees, court costs, and related expenses where permitted by applicable law.

5. Nonpayment, Suspension, and Termination

5.1 Immediate Suspension for Nonpayment

Payment is due on the invoice due date. A Service that becomes overdue is eligible for suspension immediately upon nonpayment and may be suspended on or after the due date through Charter Hosting's billing and account-management processes.

Charter Hosting is not required to provide an additional grace period before suspension.

5.2 Fourteen-Day Termination Period

If payment remains outstanding for fourteen (14) days after the invoice due date, Charter Hosting may terminate the affected Service.

TERMINATION MAY PERMANENTLY DELETE WEBSITE FILES, DATABASES, EMAIL, MAILBOXES, CONFIGURATIONS, ACCOUNTS, APPLICATION DATA, AND OTHER HOSTED INFORMATION.

Deleted information may not be recoverable.

5.3 No Obligation to Preserve Terminated Data

Charter Hosting has no obligation to preserve customer data following termination.

Customers are responsible for retrieving and independently backing up all required information before the termination deadline.

5.4 Restoration After Suspension

If a Service is suspended but has not yet been terminated, Charter Hosting may restore the Service after all outstanding amounts have been paid and any other applicable conditions have been satisfied.

Charter Hosting does not currently charge a separate reactivation fee solely for restoring a Service suspended for nonpayment, although all outstanding invoices, applicable late fees, and other charges remain due.

5.5 Restoration After Termination

Once a Service has been terminated, restoration is not guaranteed.

If hosted data has been deleted, the customer may be required to place a new order and rebuild the Service or restore the Service using the customer's own independent backup.

The later payment of a terminated account does not obligate Charter Hosting to recover deleted data.

5.6 Billing During Suspension

Suspension does not necessarily cancel a Service or stop charges from accruing. A Service that remains provisioned may continue to incur charges until canceled or terminated.

6. Cancellation and Refunds

6.1 Cancellation Through the Billing Manager Control Panel

Customers may submit eligible cancellation requests through the Charter Hosting billing manager control panel or another method Charter Hosting expressly makes available.

Canceling one Service does not automatically cancel other Services associated with the account.

6.2 End-of-Term Cancellation

Unless the customer requests immediate cancellation, a voluntary cancellation will ordinarily take effect at the end of the current paid billing period.

6.3 Immediate Cancellation

Where the billing manager control panel offers an immediate cancellation option, a customer may request immediate termination.

AN IMMEDIATE CANCELLATION MAY RESULT IN THE IMMEDIATE REMOVAL OR DELETION OF HOSTED DATA.

The customer is responsible for securing all necessary data before requesting immediate cancellation.

6.4 No General Money-Back Guarantee

Charter Hosting does not offer a general money-back guarantee.

Refunds are available only when expressly provided by Charter Hosting in writing, required by the applicable Refund Policy, or required by applicable law.

6.5 No Prorated Refunds

Voluntary cancellation does not create a right to a prorated refund or credit for unused prepaid time, except where required by law or expressly approved by Charter Hosting in writing.

6.6 Renewals Are Non-Refundable

Once a recurring Service has successfully renewed, the renewal charge is non-refundable merely because the customer forgot or failed to cancel before the renewal date, except where applicable law requires otherwise or Charter Hosting expressly agrees otherwise in writing.

6.7 Non-Refundable Products and Services

Subject to applicable law, non-refundable charges may include:

• Domain registrations;
• Domain renewals;
• Domain transfers;
• Domain redemption or restoration fees;
• SSL/TLS certificates;
• Third-party licenses;
• Software licenses;
• Dedicated servers once provisioning has begun;
• Dedicated-server setup and provisioning fees;
• Professional services;
• Migration services;
• Data-recovery work;
• IP-address charges;
• Usage-based charges; and
• Other third-party products.

6.8 Suspension or Termination for Cause

If Charter Hosting suspends or terminates a Service for nonpayment, fraud, abuse, security threats, prohibited content, excessive resource usage, or violation of these Terms or the Acceptable Use Policy, unused prepaid fees are non-refundable except where applicable law requires otherwise.

6.9 Chargebacks

A chargeback, payment reversal, or payment dispute does not constitute cancellation.

If payment for a Service is reversed after the Service has been provided, Charter Hosting may suspend or terminate the affected Service until the balance is resolved.

Fraudulent or abusive chargebacks may result in account termination.

Nothing in this section restricts a customer's lawful right to dispute an unauthorized or incorrect charge.

7. Hosting and Resource Usage

7.1 Shared Environment

Shared hosting, WordPress hosting, reseller hosting, and similar Services operate on shared infrastructure. Customers may not use shared resources in a manner that materially degrades the availability, stability, performance, or security of other customers or Charter Hosting infrastructure.

7.2 Resource Limits

Resource considerations may include:

• CPU usage;
• Memory usage;
• Disk space;
• Disk I/O;
• Inodes and file counts;
• Processes;
• PHP workers;
• Database usage;
• Database connections;
• Email activity;
• Bandwidth;
• Network traffic;
• Connections;
• Cron jobs; and
• Other finite computing resources.

7.3 Unlimited and Unmetered Services

"Unlimited" or "unmetered" does not mean infinite physical resources or unrestricted use.

"Unmetered" generally means Charter Hosting does not bill solely by a fixed data transfer quota. Usage must nevertheless remain reasonable and within the technical, resource, service-plan, and Acceptable Use limits applicable to the Service.

7.4 Excessive Resource Usage

Charter Hosting may immediately throttle, limit, isolate, restrict, or suspend a website, account, application, process, or other Service when resource usage is materially affecting server stability, performance, security, infrastructure, or other customers.

Advance notice is not required when immediate action is reasonably necessary to protect infrastructure.

7.5 Required Upgrades or Migration

If a customer consistently exceeds the practical limits of the current plan, Charter Hosting may require the customer to reduce usage, optimize the Service, upgrade the plan, migrate to another platform, or move to a more appropriate Service.

Failure to comply may result in restriction or suspension.

7.6 No Refund for Resource-Based Restrictions

Restrictions, throttling, isolation, or suspension caused by excessive resource usage, abuse, or a policy violation do not create a right to a refund or service credit, except where required by applicable law.

7.7 Inodes and File Counts

Charter Hosting may enforce inode and file-count limits on shared, WordPress, and reseller hosting regardless of advertised disk-space amounts.

7.8 Cron Jobs and Scheduled Tasks

Charter Hosting may limit, throttle, reschedule, disable, or require changes to cron jobs and scheduled tasks that run too frequently or consume excessive resources.

7.9 Databases

Charter Hosting may limit, throttle, suspend, optimize, or require changes to database activity that causes excessive server load, long-running queries, locking, resource exhaustion, instability, or material impact on shared infrastructure.

7.10 Temporary Files, Logs, and Caches

Charter Hosting may remove, purge, restrict, or require cleanup of excessive temporary files, caches, logs, session files, generated data, or similar files that consume unreasonable disk space, inodes, or server resources.

7.11 Background Processes

Persistent background processes, daemons, bots, crawlers, continuously running jobs, or similar processes are prohibited on shared hosting unless the applicable plan specifically permits them.

7.12 Hosting Is Not General-Purpose Backup Storage

Shared, WordPress, and reseller hosting may not be used primarily as an off-site backup repository, file archive, file-sharing system, or general-purpose storage platform unrelated to an active website or application.

Charter Hosting may require removal of excessive locally stored backup archives. What constitutes excessive storage may be determined based on the applicable plan, disk usage, inode usage, server capacity, and impact on other customers.

Customer-created backup archives stored within a hosting account may be excluded from Charter Hosting's own backup systems.

8. Customer Data, Backups, and Restoration

8.1 Customer Ownership of Data

Customers retain ownership of content they upload, create, transmit, or store using the Services ("Customer Content").

Customers grant Charter Hosting a limited right to host, copy, store, transmit, cache, back up, process, troubleshoot, inspect when permitted under these Terms, and otherwise handle Customer Content as reasonably necessary to provide, maintain, secure, support, administer, or protect the Services or comply with law.

8.2 Customer Responsibility for Data

CUSTOMERS ARE SOLELY AND FULLY RESPONSIBLE FOR THEIR DATA.

Charter Hosting does not assume responsibility for maintaining a customer's sole, primary, original, authoritative, or only copy of any data.

8.3 Customer Is 100% Responsible for Backups

CUSTOMERS ARE 100% RESPONSIBLE FOR CREATING, MAINTAINING, VERIFYING, TESTING, AND SECURING CURRENT AND INDEPENDENT BACKUPS OF ALL DATA ASSOCIATED WITH THEIR SERVICES.

This includes, without limitation:

• Website files;
• Databases;
• Email messages;
• Mailboxes;
• Contacts and calendars;
• Uploaded media;
• Customer records;
• Application data;
• Source code;
• DNS configurations;
• Server configurations;
• Software settings;
• Credentials;
• Logs;
• Account information; and
• Any other data stored, processed, or transmitted through the Services.

8.4 Independent Backup Requirement

Customers should maintain at least one current backup in a location independent of Charter Hosting's servers, accounts, storage systems, and infrastructure.

A backup stored solely within the same Charter Hosting account, server, or infrastructure should never be treated as the customer's only backup.

8.5 Charter Hosting Backup Systems

If Charter Hosting provides backups, snapshots, restore points, or disaster-recovery functionality, those systems are provided as a convenience unless a specific written agreement expressly states otherwise.

THE EXISTENCE OF A CHARTER HOSTING BACKUP SYSTEM DOES NOT TRANSFER BACKUP RESPONSIBILITY FROM THE CUSTOMER TO CHARTER HOSTING.

Charter Hosting does not promise any specific backup frequency or retention period.

Charter Hosting does not guarantee that any backup:

• Will run successfully;
• Will complete successfully;
• Will contain every file;
• Will contain every database;
• Will contain every mailbox or email message;
• Will contain the most recent version of data;
• Will remain available for any particular period;
• Will remain free of corruption;
• Will remain free of malware;
• Will be available at a particular time;
• Will include oversized or excluded files;
• Will include temporary files, caches, or customer-created backups; or
• Will successfully restore a website, mailbox, database, account, or server.

8.6 Backup Exclusions

Backup systems may exclude certain files, accounts, mailboxes, databases, customer-created backup archives, oversized data, temporary data, caches, logs, or other content.

Customers must not assume that all hosted data is included in Charter Hosting backups.

8.7 Backup Testing

Customers are responsible for periodically verifying and testing their independent backups. The existence of a backup file does not establish that the backup is complete, valid, usable, or restorable.

8.8 Restoration From Charter Hosting Backups

Restoration from a Charter Hosting backup is at Charter Hosting's discretion, is not guaranteed, and may be subject to an additional fee.

If multiple backups or restore points exist, Charter Hosting may select the available restore point it considers appropriate. Charter Hosting does not guarantee restoration to an exact customer-requested date or time.

8.9 Restores May Overwrite Current Data

A restore operation may overwrite or replace current files, databases, email, settings, configurations, or other information.

Customers are responsible for protecting newer information before authorizing a restore.

Charter Hosting may require customer confirmation before performing a restore.

8.10 Emergency Restores and Rollbacks

Charter Hosting may perform an emergency restore, rollback, isolation, or similar corrective action without prior customer approval when reasonably necessary to protect security, stability, infrastructure, or other customers.

8.11 Data Loss

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARTER HOSTING SHALL NOT BE RESPONSIBLE OR LIABLE FOR LOSS, DELETION, CORRUPTION, ALTERATION, DESTRUCTION, OR INABILITY TO RECOVER CUSTOMER DATA.

This includes data loss associated with:

• Hardware failure;
• Storage failure;
• Software failure;
• Backup failure;
• Customer error;
• Customer-requested changes;
• Malware;
• Ransomware;
• Cyberattacks;
• Account compromise;
• Third-party actions;
• Application errors;
• Migrations;
• Suspension;
• Cancellation;
• Expiration;
• Termination;
• Maintenance; or
• Other events.

8.12 Data Recovery

Charter Hosting does not guarantee that deleted, lost, corrupted, damaged, expired, suspended, or terminated data can be recovered.

If Charter Hosting agrees to attempt data recovery, the work is provided without a guarantee of success and may be subject to additional fees.

Payment for data-recovery work does not guarantee successful recovery.

8.13 Backup Retention After Service Ends

Charter Hosting may delete, discontinue, rotate, or overwrite backups at any time after a Service is suspended, canceled, expired, or terminated.

There is no guaranteed post-termination backup-retention period.

9. Security, Malware, and Abuse Prevention

9.1 Security Responsibilities

No Internet-connected system can be guaranteed to be completely secure.

Customers are responsible for security measures under their control, including passwords, credentials, applications, plugins, themes, scripts, user accounts, permissions, API keys, and custom configurations.

9.2 Customer-Controlled Security Failures

Charter Hosting is not responsible for damage, downtime, blacklisting, compromise, malware, or data loss caused by customer-controlled security failures, including:

• Outdated software;
• Weak or reused passwords;
• Insecure plugins or themes;
• Exposed credentials;
• Unsupported applications;
• Improper permissions; or
• Customer misconfiguration.

9.3 Security Scanning

Charter Hosting may scan hosted files, websites, email, logs, network activity, and server activity for malware, phishing, spam, abuse, security threats, or violations of these Terms or the Acceptable Use Policy when reasonably necessary.

9.4 Security Incidents

If Charter Hosting reasonably believes a website, mailbox, application, server, credential, or other resource is compromised or dangerous, Charter Hosting may immediately take protective action without prior notice.

Protective action may include:

• Suspending websites;
• Restricting network access;
• Disabling email sending;
• Resetting credentials;
• Blocking IP addresses;
• Disabling scripts;
• Restricting administrative access;
• Isolating affected Services;
• Quarantining files; or
• Other reasonable measures.

9.5 Harmful Files

Charter Hosting may quarantine, disable, rename, move, restrict, or remove malicious, compromised, or dangerous files without prior notice when reasonably necessary to protect customers, infrastructure, IP reputation, systems, or third parties.

9.6 Malware Cleanup

Malware cleanup, compromise investigation, forensic review, website repair, restoration, and remediation are outside standard hosting support unless the customer's specific plan expressly includes those services.

Such services may be billed separately.

9.7 Outdated and Unsupported Software

Charter Hosting may disable, restrict, quarantine, or require removal of unsupported, end-of-life, abandoned, obsolete, or insecure software that creates a material security, stability, compatibility, or abuse risk.

9.8 Security Controls

Customers may not require Charter Hosting to disable or materially weaken anti-spam, malware, abuse-prevention, firewall, or security controls where doing so would create material risk to Charter Hosting, its infrastructure, IP reputation, or other customers.

10. Network Attacks and DDoS Protection

Charter Hosting may temporarily block, null-route, throttle, isolate, restrict, or suspend a website, IP address, server, account, or network service that is experiencing or contributing to a distributed denial-of-service attack or other network attack when reasonably necessary to protect Charter Hosting infrastructure or other customers.

Such protective action does not create a right to a refund or service credit except where required by applicable law or an applicable written SLA expressly provides otherwise.

If a customer is repeatedly targeted by attacks or requires unusually costly mitigation, Charter Hosting may require the customer to:

• Upgrade to another Service;
• Purchase additional mitigation;
• Purchase additional bandwidth;
• Modify configurations;
• Move to another platform; or
• Take other reasonable measures.

Charter Hosting may terminate an affected Service if continuing to host it creates an unreasonable risk to Charter Hosting infrastructure or other customers.

11. Email Services

11.1 Email Usage

Email Services are subject to reasonable sending, storage, reputation, security, rate-limit, and abuse-prevention controls.

11.2 Sending Limits

Charter Hosting may establish or modify reasonable hourly, daily, per-domain, per-mailbox, per-account, or per-server sending limits based on the applicable Service, system capacity, sender reputation, security, and abuse risk.

11.3 Permission-Based Email

Legitimate bulk email must be permission-based or opt-in and must comply with applicable law and Charter Hosting policies.

Customers may not use Charter Hosting Services for:

• Spam;
• Unsolicited bulk email;
• Purchased mailing lists;
• Harvested addresses;
• Phishing;
• Malware distribution; or
• Deceptive mailing practices.

11.4 No Email Delivery Guarantee

CHARTER HOSTING DOES NOT GUARANTEE DELIVERY OF ANY EMAIL MESSAGE.

Email delivery may depend on factors including:

• Recipient mail-server policies;
• Spam filters;
• Sender reputation;
• IP reputation;
• Domain reputation;
• SPF;
• DKIM;
• DMARC;
• DNS configuration;
• Blocklists;
• Message content;
• Recipient settings; and
• Third-party systems.

Acceptance of a message by Charter Hosting infrastructure does not guarantee acceptance, inbox placement, or delivery by another provider.

11.5 Email Forwarding

Charter Hosting does not guarantee successful delivery of forwarded email. Forwarding may be affected by spam filters, SPF, DKIM, DMARC, reputation systems, recipient policies, and third-party mail systems.

11.6 Spam and Malware Filtering

Charter Hosting may use spam filters, malware scanners, blocklists, reputation systems, rate limits, and other protective technologies.

Legitimate messages may occasionally be delayed, quarantined, rejected, or misclassified.

11.7 Email Storage

Charter Hosting may enforce mailbox and email storage limits based on the applicable plan and may require customers to delete or archive email, reduce usage, or upgrade when limits are exceeded.

11.8 Email Backups

Customers are responsible for maintaining independent backups of email messages, mailboxes, contacts, calendars, and related email data.

Once email or a mailbox is deleted, recovery is not guaranteed even if Charter Hosting backup systems exist.

11.9 Spam and Blacklisting

If a customer's mailbox, domain, website, application, or server causes an IP address or domain to become blacklisted or reputation-damaged because of spam, malware, compromise, or abusive sending, Charter Hosting may restrict or suspend email transmission.

Blacklist delisting, sender-reputation repair, investigation, cleanup, and remediation caused by customer activity may be billed separately.

11.10 Dedicated IP Addresses

A dedicated IP address does not guarantee good email reputation, inbox placement, deliverability, geolocation classification, or acceptance by third-party mail providers.

11.11 Immediate Email Suspension

Charter Hosting may immediately restrict or suspend outbound email without advance notice when a mailbox, website, domain, application, or server is suspected of sending spam, phishing, malware, or otherwise materially damaging network or sender reputation.

11.12 Conditions for Restoring Email

Before email service is restored, Charter Hosting may require the customer to:

• Change passwords;
• Remove malware;
• Update compromised software;
• Secure forms and scripts;
• Correct DNS and email-authentication configuration; and
• Demonstrate that the underlying issue has been resolved.

11.13 Repeated Email Abuse

Charter Hosting may permanently disable outbound email or terminate an affected Service or account for repeated spam, phishing, malware, abusive sending, or reputation-damaging activity, even if earlier incidents were temporarily corrected.

12. Domains, DNS, and SSL/TLS Certificates

12.1 Domain Registration

Domain registration services may be provided through third-party registrars, registries, and service providers.

Domain availability is not guaranteed until registration has been accepted and completed by the applicable registrar or registry.

12.2 Customer Responsibility for Domain Renewal

CUSTOMERS ARE RESPONSIBLE FOR RENEWING THEIR DOMAINS ON TIME, INCLUDING WHEN AUTOMATIC RENEWAL IS ENABLED.

Customers are responsible for:

• Maintaining accurate registrant information;
• Maintaining valid contact information;
• Responding to required verification requests;
• Maintaining valid payment information;
• Monitoring expiration dates; and
• Complying with registrar and registry requirements.

12.3 Domain Auto-Renewal

Domain auto-renewal is provided as a convenience and does not guarantee successful renewal.

Auto-renewal may fail because of payment failure, expired payment information, verification requirements, registrar or registry restrictions, technical problems, or other circumstances.

Customers remain responsible for confirming that renewal has completed.

12.4 Domain Renewal Notices

Charter Hosting or an applicable registrar may send domain renewal notices. Except for notices required by applicable law, ICANN rules, registry rules, or registrar requirements, additional reminders are provided as a courtesy.

The customer remains responsible for the expiration date regardless of whether a reminder is received.

12.5 Expired Domains

Charter Hosting is not responsible for loss of a domain caused by failure to renew, payment failure, outdated contact information, verification failure, registry restrictions, or circumstances outside Charter Hosting's reasonable control.

12.6 Redemption and Restoration

An expired domain may enter a redemption, recovery, or restoration period and may become subject to additional registrar or registry fees.

The customer is responsible for all applicable redemption, restoration, registrar, registry, renewal, and recovery fees.

Recovery of an expired domain is not guaranteed.

12.7 Domain Transfers Away From Charter Hosting

Customers may transfer eligible domains away from Charter Hosting.

The customer is responsible for:

• Ensuring the domain is eligible for transfer;
• Unlocking the domain where applicable;
• Obtaining the required authorization or EPP code;
• Completing required verification;
• Paying applicable fees; and
• Completing the transfer before domain expiration.

Charter Hosting recommends beginning an outbound domain transfer at least seven (7) days before expiration.

Charter Hosting is not responsible for failed or delayed last-minute transfers.

12.8 Domain Fees

Applicable domain transfer, renewal, redemption, restoration, registrar, and registry fees are the customer's responsibility.

12.9 DNS Services

DNS changes may require time to propagate across third-party networks, resolvers, caches, Internet service providers, and other systems.

Charter Hosting does not guarantee immediate DNS propagation.

Customers using custom or third-party DNS are responsible for verifying the accuracy of their DNS configuration.

12.10 SSL/TLS Certificates

Charter Hosting may facilitate or automate SSL/TLS certificate issuance and renewal, but successful issuance and renewal are not guaranteed.

Certificate operations may depend on domain validation, DNS configuration, certificate-authority requirements, third-party systems, and account configuration.

Customers remain responsible for ensuring required certificates remain valid.

13. Website and Account Migrations

13.1 Inbound Migrations

Charter Hosting may provide migration assistance for customers moving Services into Charter Hosting.

Migrations are performed on a reasonable-efforts basis.

Charter Hosting does not guarantee that every file, database, email account, DNS record, setting, application, password, configuration, or other component can be migrated or will function identically after migration.

13.2 Maintain Existing Hosting During Migration

Customers must maintain their existing hosting and independent backups until they have personally verified that the migration was completed successfully.

13.3 No Outbound Migration Service

CHARTER HOSTING DOES NOT PROVIDE OUTBOUND MIGRATION SERVICES FOR CUSTOMERS LEAVING CHARTER HOSTING.

Customers leaving Charter Hosting are responsible for downloading, exporting, transferring, and securing their data and moving it to the new provider.

13.4 No Obligation to Package or Transfer Data

Charter Hosting has no obligation to prepare, package, convert, upload, or transfer customer data to another hosting provider.

13.5 Optional Export Assistance

Charter Hosting may, at its discretion, provide limited assistance with packaging or exporting data. Such assistance is not guaranteed and may be subject to additional fees.

13.6 Export Before Service Ends

Customers are responsible for downloading, exporting, and securing all required data before cancellation, expiration, suspension that may result in termination, or termination of the Service.

14. VPS, Cloud Servers, Dedicated Servers, and Managed Services

14.1 Administrative Access

Customers receiving root, Administrator, or equivalent privileged access assume responsibility for changes made using that access.

This includes responsibility for:

• Software installations;
• Operating-system changes;
• Firewall rules;
• Deleted files;
• Permissions;
• Service configuration;
• Security changes;
• Network configuration; and
• Resulting outages, security issues, or data loss.

14.2 Server Administration

Unless expressly included in a managed Service, customers are responsible for:

• Operating-system maintenance;
• Security updates;
• Application updates;
• Firewall configuration;
• SSH and remote-access security;
• Password security;
• User administration;
• Software configuration;
• Malware prevention;
• Monitoring; and
• Disaster recovery.

14.3 VPS and Dedicated Server Backups

Backups for VPS, cloud-server, and dedicated-server Services are the customer's responsibility unless the specific plan, order, or written Service description expressly includes managed backups.

14.4 Meaning of "Managed"

The term "managed" applies only to the specific management tasks expressly included in the customer's purchased plan or written Service description.

Managed hosting does not make Charter Hosting responsible for every website, application, plugin, theme, script, database, custom configuration, or third-party service operating on a server.

14.5 Dedicated Server Hardware Failure

Charter Hosting will make reasonable efforts to repair or replace failed dedicated server hardware where Charter Hosting is responsible for the hardware.

Charter Hosting does not guarantee uninterrupted operation, immediate replacement, preservation of data, or successful recovery following a hardware failure.

Customers remain responsible for independent backups.

14.6 Hardware Replacement and Data Loss

Hardware replacement, storage-device replacement, RAID failure, storage failure, or infrastructure repair may result in data loss.

Charter Hosting is not responsible for such data loss except to the extent liability cannot legally be excluded or limited.

14.7 Dedicated Server Provisioning

Dedicated server setup, provisioning fees, and applicable Service charges become non-refundable once provisioning has begun, except where applicable law requires otherwise.

14.8 IP Addresses

Customers do not acquire ownership of IP addresses assigned through Charter Hosting.

Charter Hosting may change assigned IP addresses when reasonably necessary for security, network management, provider requirements, migration, abuse prevention, or infrastructure changes.

15. Reseller Hosting

15.1 Approved Resale Only

Customers may resell or white-label Charter Hosting Services only through an approved reseller plan or with Charter Hosting's prior written authorization.

Standard hosting plans may not be resold without authorization.

15.2 Reseller Responsibility for End Users

Resellers are responsible for the conduct, content, accounts, websites, email, applications, abuse, and policy violations of end users hosted under their reseller accounts.

Resellers must ensure their customers comply with applicable law, these Terms, and the Charter Hosting Acceptable Use Policy.

15.3 First-Line Support

Resellers are responsible for providing first-line support to their end users unless the specific reseller plan expressly includes end-user support from Charter Hosting.

15.4 Reseller End-User Data

Charter Hosting is not responsible for maintaining a reseller end user's sole or primary copy of data.

Resellers are responsible for informing their customers of appropriate backup requirements and for ensuring that their end users maintain independent backups.

15.5 End-User Abuse

Charter Hosting may immediately suspend or restrict an individual reseller end-user website, account, Service, mailbox, application, or other resource when it is causing spam, malware, phishing, fraud, abuse, security threats, excessive resource usage, or network problems.

Charter Hosting is not required to wait for the reseller to take action first when immediate action is reasonably necessary.

15.6 Reseller Notices

Resellers are responsible for communicating applicable suspension warnings, abuse notices, policy requirements, billing notices, and Service-related instructions to their own end users.

15.7 Reseller Billing Relationships

Charter Hosting is not responsible for billing disputes between a reseller and the reseller's end users.

The reseller is responsible for its own customer billing, invoices, collections, refunds, chargebacks, payment disputes, and billing complaints.

15.8 Reseller Legal and Regulatory Compliance

Resellers are responsible for their own:

• Taxes;
• Business licensing;
• Consumer disclosures;
• Contracts with end users;
• Privacy obligations;
• Regulatory requirements; and
• Other legal compliance associated with their resale business.

15.9 Reseller Suspension, Expiration, Cancellation, or Termination

If a Reseller Service is suspended, expires, is canceled, or is terminated, including for nonpayment, Charter Hosting has no obligation to continue providing Services to the reseller or the reseller's end users under the reseller account.

15.10 End-User Service Continuity

To reduce disruption and the risk of data loss to affected end users, Charter Hosting may, but is not obligated to, permit an affected end user to establish a direct account and purchase Services directly from Charter Hosting.

Upon reasonable verification that a person or entity is the owner or authorized operator of a website, domain, mailbox, application, or other Service previously maintained through a reseller account, Charter Hosting may establish a direct customer relationship with that end user and, where technically feasible, transfer, recreate, restore, or reprovision the applicable Service under a direct Charter Hosting account.

15.11 Direct Relationships With Former Reseller Customers

The reseller expressly acknowledges and agrees that following suspension, expiration, cancellation, or termination of the reseller Service, Charter Hosting may accept the reseller's former end users as direct Charter Hosting customers.

The reseller shall have no claim against Charter Hosting solely because Charter Hosting accepts, provides Services to, or establishes a direct business relationship with a former end user following the reseller's default, suspension, expiration, cancellation, or termination.

15.12 No Exclusivity Following Reseller Default or Termination

A reseller whose Service has been suspended, expired, canceled, or terminated has no contractual right under this Agreement to prevent Charter Hosting from independently offering or providing Charter Hosting Services to a former reseller end user, subject to applicable law.

15.13 End-User Communications

Where permitted by applicable law and applicable privacy obligations, Charter Hosting may communicate with affected end users regarding Service interruption, account transition, preservation of Service, data availability, or the opportunity to establish direct Services with Charter Hosting.

This provision does not authorize Charter Hosting to use or disclose personal information in a manner prohibited by applicable privacy law.

Where separate consent, authorization, or notice is required by applicable law, Charter Hosting may require such consent or authorization before establishing or continuing a direct relationship.

15.14 Reseller Responsibility for Permissions

The reseller is responsible for providing legally required disclosures to its end users and obtaining any legally required permissions or consents relating to hosting, infrastructure, support, account transition, or continuity services.

15.15 No End-User Data Preservation Guarantee

Nothing in this section requires Charter Hosting to preserve reseller or end-user data following suspension, expiration, cancellation, or termination.

Any preservation, migration, restoration, or transition assistance is provided solely at Charter Hosting's discretion and is not guaranteed.

15.16 Reseller Indemnification

Resellers agree to indemnify Charter Hosting as provided in these Terms for claims arising from relationships with their end users, including reseller billing, representations, content, privacy practices, support obligations, data, conduct, and acts or omissions of reseller customers.

16. Software, Applications, and Third-Party Services

16.1 Customer Software

Customers are responsible for WordPress installations, plugins, themes, scripts, applications, frameworks, custom code, and other customer-controlled software unless the applicable managed Service expressly states otherwise.

16.2 Software Updates

Customers are responsible for keeping customer-controlled websites, WordPress installations, plugins, themes, scripts, applications, frameworks, and other software updated and secure unless a specific managed Service expressly includes those updates.

16.3 Compatibility

Charter Hosting does not guarantee compatibility with every plugin, theme, script, framework, application, operating system, database, browser, API, device, or third-party service.

16.4 Infrastructure Software Changes

Charter Hosting may upgrade, replace, disable, remove, or change server software, PHP versions, database versions, operating systems, control-panel components, libraries, security systems, and other infrastructure software when reasonably necessary for security, vendor support, compatibility, stability, or performance.

Charter Hosting will provide reasonable notice when practical but does not guarantee a specific notice period. Emergency, security, and compatibility changes may occur without advance notice.

16.5 Third-Party Products and Providers

Charter Hosting may resell, integrate with, depend upon, or provide access to third-party products and services, including:

• Domain registrars and registries;
• Certificate authorities;
• Control-panel vendors;
• Google Workspace;
• Microsoft services;
• WordPress and related software;
• Security providers;
• Payment processors;
• Cloud providers;
• Data centers;
• Internet carriers;
• Upstream network providers; and
• Software licensing providers.

Charter Hosting is not responsible for third-party outages, bugs, pricing changes, licensing changes, discontinuation, compatibility changes, policy changes, data loss, or other circumstances outside Charter Hosting's reasonable control.

16.6 Software Licensing

Software made available through Charter Hosting is licensed rather than sold unless expressly stated otherwise.

Customers may not:

• Circumvent license or activation systems;
• Evade usage limitations;
• Remove proprietary notices;
• Share licenses beyond authorized users;
• Redistribute software without authorization; or
• Use software outside the applicable license.

Third-party software remains subject to its applicable license terms.

17. Artificial Intelligence and Automated Services

Certain Charter Hosting Services may include artificial intelligence, automated content generation, machine learning, or integrations with third-party AI providers.

AI-generated material may be incomplete, inaccurate, outdated, duplicative, unsuitable, or incorrect.

Customers are responsible for reviewing AI-generated output before using, publishing, distributing, or relying upon it.

Charter Hosting does not warrant the factual accuracy, originality, legality, suitability, merchantability, or fitness of AI-generated output.

Customers should not rely on AI-generated output as a substitute for qualified legal, medical, accounting, financial, or other licensed professional advice.

18. Acceptable Use and Prohibited Activities

Charter Hosting Services may be used only for lawful purposes and in a manner that does not materially harm Charter Hosting, its reputation, infrastructure, customers, service providers, or third parties.

The Charter Hosting Acceptable Use Policy contains additional rules and is incorporated into these Terms.

18.1 Prohibited Activities

Prohibited activities include, without limitation:

• Malware distribution;
• Ransomware;
• Viruses, worms, Trojan horses, or malicious scripts;
• Phishing;
• Credential theft;
• Identity theft;
• Fraud or scams;
• Unauthorized system access;
• Brute-force attacks;
• Botnet operations;
• Distributed denial-of-service attacks;
• Unauthorized network scanning;
• Unauthorized penetration testing;
• Spam;
• Unlawful bulk messaging;
• Email-address harvesting;
• Deceptive spoofing or impersonation;
• Copyright or trademark infringement;
• Distribution of illegally obtained personal information;
• Criminal activity;
• Activities prohibited by applicable law;
• Attempts to circumvent security controls;
• Attempts to circumvent billing restrictions;
• Attempts to evade suspension or termination; and
• Other abusive activity prohibited by the Acceptable Use Policy.

18.2 Illegal and Harmful Content

Charter Hosting prohibits content or Services involving:

• Illegal content;
• Child sexual abuse material;
• Fraudulent or scam websites;
• Malware or phishing;
• Unlawful disclosure of stolen personal information;
• Targeted threats or unlawful harassment;
• Content supporting terrorist activity or violent extremism;
• Illegal controlled substances;
• Instructions involving weapons or explosives intended to facilitate unlawful harm;
• Other unlawful or materially abusive material.

Charter Hosting will comply with applicable legal reporting obligations.

18.3 Adult and Pornographic Content

Adult, pornographic, sexually explicit, and similar adult-entertainment content or Services are prohibited on Charter Hosting infrastructure.

18.4 Cryptocurrency Mining

Cryptocurrency mining is prohibited on Charter Hosting Services unless Charter Hosting provides prior written approval.

18.5 Open Proxies, Public VPN Exit Nodes, and Tor Exit Nodes

Open proxies, public VPN exit nodes, Tor exit nodes, and similar public traffic-relay services are prohibited unless specifically approved by Charter Hosting in writing.

18.6 IRC, Bots, Game Servers, and Similar Services

IRC servers, public bots, game servers, public chat relays, and similar high-resource or high-abuse services are prohibited on shared hosting unless the applicable plan specifically permits them or Charter Hosting provides written approval.

18.7 File-Sharing and Download Services

Public file-sharing services, warez sites, mirror/download sites, and similar high-bandwidth distribution systems are prohibited on shared hosting unless specifically permitted by the applicable plan or approved in writing.

18.8 Security Testing

Customers may not perform port scanning, vulnerability scanning, exploit testing, penetration testing, or other security testing against systems they do not own or lack explicit authorization to test.

Lawful security testing against a customer's own systems hosted with Charter Hosting is permitted only when it does not disrupt shared infrastructure or affect other customers.

18.9 Immediate Abuse Suspension

Charter Hosting may immediately suspend, isolate, restrict, or disable a Service without advance notice when Charter Hosting reasonably suspects phishing, malware, spam, hacking, fraud, compromise, abuse, prohibited content, or a threat to the network, systems, reputation, customers, or third parties.

19. Intellectual Property and Customer Content

19.1 Charter Hosting Intellectual Property

Charter Hosting websites, trademarks, service marks, logos, software, interfaces, graphics, documentation, code, and proprietary materials are owned by Charter Hosting or its licensors and are protected by applicable intellectual-property laws.

19.2 Customer Representations

Customers represent and warrant that they possess the rights and permissions required to host, store, transmit, publish, or distribute Customer Content using the Services.

19.3 Copyright and Pirated Material

Charter Hosting prohibits pirated software, cracked software, unauthorized license keys, warez, infringing media, and other content that violates copyright, trademark, licensing, or other intellectual-property rights.

19.4 Copyright Complaints

Charter Hosting may remove or disable access to allegedly infringing material after receiving a legally sufficient copyright complaint or where otherwise appropriate under applicable law.

Copyright notices may be sent to legal@charterhosting.com.

Submission to that address does not waive any statutory requirements applicable to a formal copyright notice.

19.5 Repeat Infringers

Charter Hosting may suspend or terminate customers who repeatedly receive valid copyright infringement complaints, even when individual items are removed following notice.

19.6 Trademark and Brand Abuse

Charter Hosting may remove or restrict content, suspend Services, or terminate accounts in response to valid trademark infringement, impersonation, counterfeit, or brand-abuse complaints, subject to applicable law and reasonable review.

20. Privacy, Customer Content Access, and Legal Compliance

20.1 Customer Content Privacy

Charter Hosting treats Customer Content as private and does not routinely inspect customer content without a legitimate operational, security, support, abuse, compliance, or legal reason.

20.2 Operational Access

Charter Hosting may access or inspect customer files, databases, logs, email-related data, configurations, server activity, and related information when reasonably necessary to:

• Provide technical support;
• Troubleshoot Service problems;
• Investigate abuse;
• Investigate security incidents;
• Maintain infrastructure;
• Protect Charter Hosting or other customers;
• Enforce these Terms or incorporated policies; or
• Comply with legal obligations.

20.3 No Duty to Proactively Monitor

Charter Hosting has no general obligation to proactively monitor, review, or police customer websites or content.

Charter Hosting nevertheless retains the right to investigate and take action when abuse, security problems, legal complaints, or policy violations come to its attention.

20.4 Legal Requests

Charter Hosting may preserve, disclose, or provide customer information when required by valid legal process, including subpoenas, warrants, court orders, regulatory demands, or other lawful government requests.

Charter Hosting may notify an affected customer when legally permitted and reasonably appropriate but does not guarantee advance notice.

20.5 Privacy Policy

Use of the Services is also governed by the Charter Hosting Privacy Policy at: https://charterhosting.com/privacy-policy/ .

20.6 Customer Privacy Obligations

Customers operating websites, applications, businesses, or reseller Services are independently responsible for their own privacy notices, disclosures, consents, security obligations, and legal responsibilities to their customers, employees, users, and other individuals.

20.7 Regulated and Sensitive Data

Customers must not assume that an ordinary Charter Hosting Service is suitable for specially regulated or highly sensitive information.

Standard hosting does not automatically create or provide:

• A HIPAA Business Associate Agreement;
• PCI compliance certification;
• A financial-services compliance agreement;
• A government-security certification; or
• Any other specialized regulatory relationship.

Specialized compliance obligations must be expressly agreed to in writing by Charter Hosting.

21. Technical Support and Customer-Requested Work

21.1 Scope of Support

Technical support is limited to the reasonable scope of the Service purchased.

Standard support does not necessarily include:

• Website development;
• Custom programming;
• Application debugging;
• SEO services;
• Third-party software development;
• Content creation;
• Database reconstruction;
• Malware remediation;
• Data recovery;
• Custom server administration; or
• Customer-device troubleshooting.

21.2 No Guaranteed Response Time

Charter Hosting does not guarantee a specific support response or resolution time unless a particular Service or written SLA expressly provides one.

21.3 No Guaranteed Support Hours

Charter Hosting does not contractually guarantee specific support operating hours unless a particular Service or written agreement expressly provides otherwise.

21.4 Customer Instructions

When a customer asks Charter Hosting to modify, repair, migrate, restore, configure, troubleshoot, update, or otherwise work on a Service, the customer authorizes Charter Hosting to take reasonable actions necessary to perform the requested work.

Such work may modify files, databases, configurations, permissions, DNS records, software, email settings, or server settings.

CUSTOMERS ARE RESPONSIBLE FOR CREATING AND VERIFYING AN INDEPENDENT BACKUP BEFORE REQUESTING WORK THAT COULD AFFECT CUSTOMER DATA.

22. Service Availability, Maintenance, and Changes

22.1 No General Uptime Guarantee

Charter Hosting aims to provide reliable Services but does not provide a general contractual uptime percentage or guarantee unless a particular Service is governed by a written Service Level Agreement.

22.2 No General Service Credits

Charter Hosting does not provide service credits for downtime, outages, latency, maintenance, or performance degradation unless a specific written SLA expressly provides a credit.

22.3 Scheduled Maintenance

Charter Hosting may perform maintenance, upgrades, patches, migrations, hardware replacement, security changes, and other infrastructure work.

Charter Hosting will provide reasonable advance notice of scheduled maintenance when practical but does not guarantee a particular notice period.

22.4 Emergency Maintenance

Emergency, security, or urgent maintenance may be performed without advance notice.

22.5 Service and Infrastructure Changes

Charter Hosting may modify, upgrade, replace, migrate, discontinue, or change components of the Services when reasonably necessary for security, reliability, provider requirements, technological changes, legal compliance, vendor support, or business operations.

22.6 Service Discontinuation

Charter Hosting may discontinue a product or Service. Where reasonably practical, Charter Hosting may provide notice or an opportunity to move to another available Service.

23. Force Majeure

Charter Hosting shall not be liable for delay, interruption, degradation, loss, or failure caused by events beyond its reasonable control.

Such events may include:

• Natural disasters;
• Earthquakes;
• Wildfires;
• Floods;
• Severe weather;
• War;
• Terrorism;
• Civil unrest;
• Government action;
• Labor disputes;
• Power failures;
• Telecommunications failures;
• Internet routing failures;
• Data-center failures;
• Cyberattacks;
• Distributed denial-of-service attacks;
• Upstream-provider failures;
• Supply-chain disruptions;
• Epidemics or pandemics; and
• Other events beyond Charter Hosting's reasonable control.

24. Disclaimers and No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARTER HOSTING SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

CHARTER HOSTING DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, AVAILABILITY, AND QUIET ENJOYMENT.

Charter Hosting does not warrant that the Services will be uninterrupted, error-free, completely secure, compatible with every system, or free from harmful components.

No oral or written information, advice, statement, or representation by Charter Hosting creates a warranty unless expressly contained in an authorized written agreement.

Nothing in these Terms excludes a warranty or legal protection that cannot lawfully be excluded.

25. Limitation of Liability

25.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICHAEL MOLLER D/B/A CHARTER HOSTING AND CHARTER HOSTING'S EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS, INFRASTRUCTURE PROVIDERS, DATA-CENTER PROVIDERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

This includes damages or losses arising from:

• Loss of data;
• Loss or corruption of backups;
• Cost of data reconstruction;
• Cost of data recovery;
• Lost profits;
• Lost revenue;
• Lost sales;
• Loss of business;
• Business interruption;
• Loss of goodwill;
• Loss of customers;
• Loss of business opportunities;
• Loss of search-engine rankings;
• Email-delivery failure;
• Domain loss or expiration;
• Security incidents;
• Unauthorized access;
• Malware or ransomware;
• Software failure;
• Hardware failure;
• Website downtime;
• Server downtime;
• Network interruption;
• Third-party service failure; or
• Inability to access or use the Services.

25.2 Maximum Aggregate Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHARTER HOSTING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A SERVICE, EVENT, CLAIM, OR SERIES OF RELATED CLAIMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO CHARTER HOSTING FOR THE SPECIFIC AFFECTED SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If the customer has used the affected Service for less than three months, the liability cap shall not exceed the amount actually paid for that Service.

25.3 Basis of the Bargain

The parties acknowledge that the limitations contained in these Terms are an essential basis of the bargain between the customer and Charter Hosting and are reflected in the pricing and availability of the Services.

25.4 Liability That Cannot Be Limited

Nothing in these Terms excludes or limits liability for fraud, willful injury, or any other liability that applicable law does not permit to be excluded or limited.

If a particular limitation is unenforceable, it shall be applied to the maximum extent permitted by applicable law.

26. Customer Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Michael Moller d/b/a Charter Hosting and Charter Hosting's employees, contractors, agents, affiliates, suppliers, licensors, infrastructure providers, and service providers from third-party claims, demands, proceedings, liabilities, damages, judgments, penalties, settlements, costs, and reasonable attorneys' fees arising from or relating to:

• Your use or misuse of the Services;
• Your Customer Content;
• Your website or application;
• Your products or services;
• Your customers or end users;
• Your violation of these Terms;
• Your violation of the Acceptable Use Policy;
• Your violation of applicable law;
• Your infringement of third-party rights;
• Spam or abuse originating from your Service;
• Malware originating from resources under your control;
• Your negligence or misconduct; or
• Representations made by you regarding Charter Hosting or the Services.

Charter Hosting may assume control of the defense of a matter subject to indemnification, and you agree to provide reasonable cooperation.

27. Dispute Resolution, Arbitration, and Governing Law

27.1 Informal Dispute Resolution

Before commencing arbitration or litigation, the party asserting a dispute shall provide written notice describing the nature of the dispute, the relevant account or Service, the relief requested, and reasonably sufficient supporting information.

The parties agree to attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice.

Formal dispute notices to Charter Hosting may be sent by either:

Email: legal@charterhosting.com

Postal Mail:
Michael Moller d/b/a Charter Hosting
640 N Minnesota Ave
Glendora, CA 91741
United States

27.2 Agreement to Individual Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR OTHER MATTERS THAT APPLICABLE LAW DOES NOT PERMIT TO BE SUBJECT TO ARBITRATION, YOU AND CHARTER HOSTING AGREE THAT DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN A COURT OR JURY TRIAL.

Arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA Consumer Arbitration Rules, Commercial Arbitration Rules, or other applicable AAA rules based on the nature of the dispute.

Arbitration fees and costs shall be allocated in accordance with applicable AAA rules and applicable law.

The Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision to the extent applicable.

27.3 Arbitration Location

Any in-person arbitration hearing shall ordinarily take place in Los Angeles County, California, unless the parties agree otherwise or applicable consumer arbitration rules or law require another location or method.

27.4 Arbitration Opt-Out

A customer may opt out of the arbitration requirement by sending written notice within thirty (30) days after initially accepting these Terms.

The notice must include:

• The customer's full legal name;
• The Charter Hosting account email address;
• The applicable account or customer number, if available; and
• A clear statement that the customer is opting out of arbitration.

Arbitration opt-out notices may be sent to legal@charterhosting.com or by mail to:

Michael Moller d/b/a Charter Hosting
640 N Minnesota Ave
Glendora, CA 91741
United States

27.5 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CHARTER HOSTING AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

27.6 Small Claims Court

Either party may pursue an individual dispute in a court of competent small claims jurisdiction if the dispute qualifies and remains individual in nature.

27.7 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DISPUTE PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A TRIAL BY JURY.

27.8 Governing Law

Except where federal law governs or another mandatory law requires otherwise, these Terms are governed by the laws of the State of California without regard to conflict-of-law principles.

27.9 Court Venue

For disputes not subject to arbitration and not properly brought in small claims court, the parties consent, to the extent permitted by applicable law, to the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles County, California.

27.10 Time Limit for Claims

To the maximum extent permitted by applicable law, a claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the event giving rise to the claim, unless applicable law requires a longer period.

27.11 Attorneys' Fees and Enforcement Costs

Charter Hosting may recover reasonable attorneys' fees, arbitration costs, court costs, collection expenses, and other reasonable enforcement costs when Charter Hosting is the prevailing party and recovery is permitted by applicable law, contract, or arbitration rules.

Where applicable law requires such a provision to operate mutually, it shall apply to both parties as required by law.

28. General Contract Terms

28.1 Electronic Communications

You consent to receive agreements, invoices, renewal notices, disclosures, account communications, support messages, and other business communications electronically.

28.2 Electronic Acceptance

Creating an account, placing an order, clicking an acceptance button, or using the Services may constitute an electronic signature and acceptance of this Agreement to the extent permitted by applicable law.

28.3 Notices From Charter Hosting

Charter Hosting may provide notices through:

• Email;
• The billing manager control panel;
• Account notifications;
• Service dashboards;
• The Charter Hosting website; or
• Other reasonable electronic methods.

Customers are responsible for maintaining current contact information.

28.4 Changes to These Terms

Charter Hosting may update these Terms from time to time.

Updated Terms will identify a revised "Last Updated" date. Charter Hosting will provide notice of material changes when required by applicable law.

Continued use of the Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

28.5 Assignment

Customers may not assign or transfer these Terms or their Charter Hosting account without Charter Hosting's prior approval.

Charter Hosting may assign these Terms in connection with a sale, merger, reorganization, acquisition, asset transfer, corporate restructuring, or transfer of the applicable business or Service.

28.6 Contractors and Service Providers

Charter Hosting may use contractors, vendors, cloud providers, data centers, payment processors, software vendors, telecommunications providers, and other service providers to perform portions of the Services.

28.7 No Partnership or Agency

These Terms do not create a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency relationship between the customer and Charter Hosting.

28.8 No Third-Party Beneficiaries

Except where expressly stated otherwise, these Terms do not create enforceable rights for persons or entities that are not parties to this Agreement.

28.9 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified or limited to the minimum extent necessary to make it enforceable where permitted by law.

The remaining provisions shall remain in full force and effect.

28.10 Waiver

Failure by Charter Hosting to enforce a provision of these Terms does not constitute a waiver of that provision or any other provision.

28.11 Survival

Provisions that by their nature should survive cancellation, expiration, or termination shall survive.

This includes provisions concerning:

• Outstanding payment obligations;
• Customer data;
• Backup responsibility;
• Intellectual property;
• Warranty disclaimers;
• Limitations of liability;
• Indemnification;
• Dispute resolution;
• Governing law; and
• Accrued rights and obligations.

28.12 Order of Precedence

If there is a direct conflict among applicable agreements, the following order generally controls unless a document expressly states otherwise:

1. A specifically negotiated written agreement signed by Charter Hosting;
2. An applicable written Service Level Agreement;
3. Product-specific terms;
4. An applicable order form;
5. These Terms of Service;
6. The incorporated policies; and
7. General marketing or website materials.

28.13 Entire Agreement

These Terms, together with applicable product-specific terms, order forms, Service descriptions, Service Level Agreements, the Privacy Policy, Acceptable Use Policy, Refund Policy, and other incorporated documents constitute the agreement between Charter Hosting and the customer concerning the applicable Services.

28.14 Headings

Headings are provided for convenience and do not alter the meaning of any provision.

28.15 Interpretation

The words "including" and "includes" mean "including without limitation" unless the context clearly requires otherwise.

29. Customer Acknowledgment

By purchasing, accessing, or using Charter Hosting Services, you acknowledge that you have read, understood, and agreed to these Terms.

You specifically acknowledge and agree that:

• You are 100% responsible for maintaining current, verified, independent backups of your data.
• Charter Hosting is not responsible for maintaining your sole or primary copy of data.
• Charter Hosting backup systems, if provided, are not a substitute for your own independent backups.
• Your Service may be suspended immediately after becoming overdue.
• A Service remaining unpaid for fourteen (14) days after its due date may be terminated and its hosted data permanently deleted.
• Deleted or terminated data may not be recoverable.
• Charter Hosting provides inbound migration assistance only and does not provide outbound migration services.
• No general money-back guarantee, uptime guarantee, service credit, support response-time guarantee, or backup guarantee applies unless expressly stated in a separate written agreement.
• Your use of the Services is subject to the warranty disclaimers, limitations of liability, arbitration requirements, and other provisions contained in these Terms.

30. Contact Information

Questions regarding these Terms may be directed to:

Charter Hosting
Michael Moller, an individual, doing business as Charter Hosting
640 N Minnesota Ave
Glendora, CA 91741
United States

General Support:
support@charterhosting.com

Abuse Reports:
support@charterhosting.com

Legal Notices:
legal@charterhosting.com

Copyright / DMCA Notices:
legal@charterhosting.com

Website:
https://charterhosting.com/

Terms of Service:
https://charterhosting.com/tos

Important Customer Data and Backup Notice

Charter Hosting does not assume responsibility for maintaining your sole or primary copy of data. Regardless of whether any backup functionality is available with your Service, you are 100% responsible for maintaining current, verified, independent backups of your websites, databases, email, files, configurations, applications, and all other important data in a location independent of Charter Hosting infrastructure.