Terms of Service

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Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Holtzhost ("Holtzhost," "we," "us," or "our"), a hosting company based in Denver, Colorado, USA.

By creating an account, accessing our services, or clicking "Sign Up" or any equivalent affirmation on our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree to these Terms, you must not use our services.

You must be at least 18 years of age to create an account. By using our services, you represent that you are 18 or older and have the legal capacity to enter into a binding contract.

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Services

Holtzhost provides infrastructure-as-a-service offerings including, but not limited to:

• Web hosting: shared and managed web server environments powered by NGINX, Apache2, and PHP-FPM, managed through the HestiaCP control panel
• Email hosting: SMTP, IMAP, and POP3 email services with Roundcube webmail and spam/malware filtering
• DNS management: authoritative DNS hosting and record management
• SSL certificates: automated issuance and renewal of Let's Encrypt SSL/TLS certificates
• Database services: MariaDB and PostgreSQL database hosting
• Automated backups: nightly backup jobs with 30-day rolling retention
• Self-hosted application services: managed deployment of open-source applications (such as Nextcloud, Vaultwarden, and others) on dedicated infrastructure

We reserve the right to modify, add, or discontinue any service or feature with reasonable notice. Where a service is discontinued, we will provide at least 30 days' advance written notice and, where technically feasible, provide tools to assist with data export.

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Account Registration and Security

To use our services you must register for an account and provide accurate, current, and complete information. You agree to keep your account information updated and to notify us promptly of any changes.

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account, whether or not authorized by you
• Any harm caused to Holtzhost or third parties resulting from unauthorized account access that arises from your failure to protect your credentials

You must notify us immediately at [email protected] if you suspect unauthorized access to your account. We will not be liable for any loss arising from unauthorized use of your account where you failed to take reasonable precautions to protect your login credentials.

Accounts are non-transferable without our express written consent.

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Acceptable Use Policy

You agree to use Holtzhost services only for lawful purposes and in compliance with all applicable local, state, federal, and international laws. The following are strictly prohibited:

Prohibited Content

• Content that is illegal under applicable law, including content that infringes intellectual property rights, constitutes defamation, or violates privacy laws
• Child sexual abuse material (CSAM) or any content that sexually exploits minors — violations will be reported to the National Center for Missing and Exploited Children (NCMEC) and relevant law enforcement
• Content promoting, facilitating, or glorifying terrorism, mass violence, or hate crimes
• Counterfeit goods, fraudulent schemes, or deceptive content
• Unsolicited bulk email (spam), phishing content, or deceptive communications

Prohibited Activities

• Launching denial-of-service (DoS or DDoS) attacks against any target
• Unauthorized access to or probing of any computer system or network
• Distribution of malware, ransomware, spyware, viruses, or any malicious code
• Open mail relay operation or any activity that enables third-party spam
• Mining of cryptocurrency using Holtzhost infrastructure without prior written authorization
• Excessive consumption of server resources (CPU, memory, bandwidth, or disk I/O) in a manner that degrades service for other customers — Holtzhost reserves the right to throttle or suspend accounts causing such degradation
• Reselling or sub-licensing Holtzhost infrastructure without written authorization
• Any activity that violates the CAN-SPAM Act, GDPR, CCPA, or other applicable data protection or communications laws

Enforcement

Holtzhost reserves the right, in its sole discretion, to determine whether any use violates this Acceptable Use Policy. Violations may result in suspension, termination, content removal, or reporting to law enforcement, without prior notice and without refund of prepaid fees. For resource overuse violations that do not pose an immediate threat, we will generally provide 24 hours' notice before taking action, where reasonably practicable.

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Data Ownership and Access

You retain full ownership of all data, files, databases, email messages, and content you store on Holtzhost infrastructure. These Terms do not grant Holtzhost any ownership rights in your data.

Holtzhost's role is that of an infrastructure provider. We provide the servers, software environment, and network connectivity. We do not claim any license to use your content for any purpose beyond what is strictly necessary to provide the services you have contracted for.

Holtzhost personnel will not access the contents of your files, databases, or email messages except:

• When required by a valid legal order, subpoena, or court directive
• When you request technical assistance and explicitly grant us access
• When we detect an active, confirmed security threat (e.g., malware spreading to other customers' environments) that requires immediate response — in which case we will notify you as soon as practicable

We do not use customer data for any commercial purpose, including advertising, analytics sold to third parties, or machine learning training. We do not sell customer data.

Customer responsibility: you are responsible for maintaining your own independent backup copies of critical data. While we provide automated backups as part of our service, these backups are provided as a convenience and not as a substitute for your own data protection practices. Holtzhost is not liable for data loss in any circumstance.

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Payment and Billing

Fees and Payment

You agree to pay all fees associated with the services you select, as described on our pricing pages or in your service order at the time of purchase. All fees are stated in US dollars unless otherwise indicated.

Payment is processed through our third-party payment processor via our customer portal at service.holtzhost.com. Holtzhost does not store, process, or have access to your payment card information. Your payment information is subject to the payment processor's terms and privacy policy.

Billing Cycle and Renewal

Services are billed on the cycle selected at signup (monthly or annually). Unless you cancel before the end of your current billing period, your service will automatically renew and you authorize us to charge the then-current fee to your payment method on file. We will send a renewal notice at least 7 days before each renewal date.

Price Changes

We may change service fees at any time, provided we give you at least 30 days' written notice before any price increase takes effect. You may cancel your service before the new price takes effect if you do not accept the change. Continued use of the service after the effective date of a price change constitutes your acceptance of the new fees.

Late Payment and Suspension

If payment fails, we will notify you and retry the charge. If payment is not received within 7 days of the due date, we reserve the right to suspend your account. If payment remains outstanding for 30 days following suspension, we may terminate your account and permanently delete your data, with 7 days' prior written notice before deletion.

You are responsible for any bank fees, chargebacks, or collection costs arising from failed or disputed payments. Fraudulent chargebacks may result in immediate account termination and reporting to payment fraud databases.

Refunds

Fees paid for completed billing periods are non-refundable except as required by applicable law or as expressly described in a separate service-level agreement. If you cancel during a billing period, your service will remain active until the end of that period; no partial-period refunds are issued. If we terminate your account for cause (violation of these Terms), no refund will be issued.

Taxes

You are responsible for all applicable taxes, levies, or duties associated with your purchase, excluding taxes based on Holtzhost's net income. If Holtzhost is required to collect taxes on your behalf, the applicable amount will be added to your invoice.

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DMCA and Intellectual Property

Your Warranty

You represent and warrant that you own or have the necessary rights, licenses, and permissions to all content you host on Holtzhost infrastructure, and that your use of our services does not infringe the intellectual property rights of any third party.

DMCA Takedown Process

Holtzhost respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that content hosted on our infrastructure infringes your copyright, please submit a written notice to [email protected] containing:

1. A physical or electronic signature of the copyright owner or authorized agent
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the infringing material and its location on our servers (URL or other locating information)
4. Your contact information (name, address, telephone number, and email address)
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Response and Counter-Notice

Upon receipt of a valid DMCA notice, we will act expeditiously to remove or disable access to the allegedly infringing content and will notify the affected customer. If you believe your content was wrongly removed, you may submit a counter-notice to [email protected] containing the information required by 17 U.S.C. § 512(g)(3). Following receipt of a valid counter-notice, we will restore the content within 10–14 business days unless the complaining party files a court action.

Repeat Infringers

We will terminate accounts of customers who are determined to be repeat infringers of intellectual property rights, consistent with our obligations under 17 U.S.C. § 512(i).

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Security and Breach Notification

Holtzhost implements reasonable technical and organizational security measures to protect customer data, as described in our Privacy Policy. These include TLS encryption in transit, AES-256 encryption for backup archives, Fail2ban intrusion detection, firewall and IP blocklist enforcement, and ClamAV malware scanning.

You are responsible for the security of your applications, scripts, and software running on our infrastructure. Holtzhost is not liable for security incidents resulting from vulnerabilities in software you install or maintain.

In the event of a confirmed data security breach affecting your data, we will notify you without undue delay — and no later than 72 hours after we confirm the breach — via the email address associated with your account. Our notification will include: the nature of the breach, the categories and approximate volume of data affected, the likely consequences, and the measures we are taking or propose to take.

For EU/EEA customers, we will also fulfill our obligations to notify the relevant supervisory authority in accordance with Article 33 of the GDPR.

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Suspension and Termination

Suspension

We may suspend your account immediately and without prior notice if:

• Your account is being used to conduct or facilitate a DDoS attack, malware distribution, or other active security threat
• You are hosting content that constitutes CSAM or content involving imminent threat of violence
• Your account poses a risk to the security or stability of our shared infrastructure
• We receive a valid legal order requiring suspension

For less severe violations (including non-payment, resource overuse, and policy violations not posing an immediate threat), we will generally provide notice and a reasonable opportunity to cure the issue before suspension.

Termination by Holtzhost

We may terminate your account with 30 days' written notice for any reason, or immediately without notice for material breaches of these Terms including serious violations of the Acceptable Use Policy. Upon termination for cause, no refund of prepaid fees will be issued.

Termination by You

You may cancel your account at any time through our customer portal. Cancellation will take effect at the end of your current billing period. You will retain access to your account and data until the end of the period for which you have paid.

Data Handling After Termination

Following account termination, your data will be retained for 60 days to allow you to export your files, databases, and email. After this 60-day window, all your data will be permanently and securely deleted from our systems. Encrypted backup copies are purged on a rolling 30-day schedule and will be fully deleted within 30 days following the account deletion date.

We strongly encourage you to export all data before cancelling. We are not responsible for data loss that occurs because you failed to export your data within the retention window.

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Third-Party Services

Our services depend on the following third-party providers. By using our services, you acknowledge that your data may flow through these providers as part of service delivery:

• Mailgun (Sinch): email relay and delivery infrastructure. Mailgun processes email routing data as a data processor on our instructions. See Mailgun's Privacy Policy.
• Payment processor: all billing transactions are handled through our customer portal by a PCI DSS-compliant payment processor. Holtzhost does not receive or store payment card data.
• Let's Encrypt / ISRG: SSL/TLS certificate authority. Domain names submitted for certificate issuance are logged in public Certificate Transparency logs as required by the CA/Browser Forum.

Holtzhost is not responsible for the availability, performance, or practices of third-party services.

Our services may contain links to third-party websites or resources. These links are provided for convenience only. We do not endorse and are not responsible for the content, products, services, or privacy practices of any third-party websites.

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Disclaimers

Holtzhost does not warrant that:

• The services will be uninterrupted, error-free, or completely secure
• The services will meet your specific requirements or expectations
• Any defects or errors in the services will be corrected within any particular timeframe
• The services will be free from data loss, corruption, or unauthorized access

You acknowledge that the internet is inherently insecure and that data transmitted over the internet may be subject to interception, loss, or alteration. Holtzhost is not responsible for any harm caused by reliance on the accuracy, completeness, or availability of information transmitted over or stored by the services.

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Limitation of Liability

Exceptions

The limitations above do not apply to:

• Liability for death or personal injury caused by Holtzhost's gross negligence or willful misconduct
• Liability for fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law, including consumer protection statutes in your jurisdiction

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, Holtzhost's liability is limited to the maximum extent permitted by law.

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Indemnification

You agree to indemnify, defend, and hold harmless Holtzhost and its officers, employees, agents, and contractors from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising directly out of or related to:

• Your use of the services in violation of these Terms or applicable law
• Content you host, store, or transmit through our infrastructure
• Your infringement of any third-party intellectual property, privacy, or other rights
• Your gross negligence or willful misconduct

Holtzhost will provide you prompt written notice of any such claim and will cooperate reasonably in your defense at your expense. You may not settle any claim in a manner that imposes any obligation or liability on Holtzhost without our prior written consent.

This indemnification obligation applies only to third-party claims. You are not required to indemnify Holtzhost against claims arising solely from Holtzhost's own negligence, willful misconduct, or breach of these Terms.

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Governing Law and Dispute Resolution

Governing Law

These Terms and any disputes arising out of or relating to them or the services shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

Jurisdiction

You and Holtzhost agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Denver County, Colorado for the resolution of any disputes not subject to arbitration. You waive any objection to the laying of venue in such courts.

Informal Resolution

Before initiating formal legal proceedings, you agree to contact us at [email protected] and provide a written description of your dispute, the relief you are seeking, and your contact information. We will attempt to resolve the dispute informally within 30 days. This informal resolution requirement does not apply to requests for emergency injunctive relief.

Consumer Rights Not Waived

Nothing in this section prevents you from filing a complaint with or seeking assistance from any applicable government agency, consumer protection body, or data protection authority, including the Colorado Attorney General's office or the Federal Trade Commission.

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Modifications to These Terms

We reserve the right to modify these Terms at any time. We will notify you of changes as follows:

• Material changes — including changes to fees, liability, data handling, or your rights — will be communicated by email at least 30 days before they take effect. You may terminate your account before the effective date if you do not accept the changes.
• Non-material changes — such as clarifications, corrections, or additions that do not adversely affect your rights — may be made without individual notice. The updated Terms will be posted on this page with a revised "Last updated" date.

Your continued use of the services after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to a change, you must stop using the services and cancel your account before the change takes effect.

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General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any service-specific agreements or order forms, constitute the entire agreement between you and Holtzhost with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any right or remedy.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Holtzhost may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, provided that the acquiring entity agrees to be bound by these Terms and your service is not materially degraded.

Force Majeure

Neither party will be liable for any failure or delay in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, government action, internet backbone failures, or power grid outages. The party affected by a force majeure event will notify the other party as soon as practicable and will use commercially reasonable efforts to resume performance.

No Third-Party Beneficiaries

These Terms are for the benefit of you and Holtzhost only and do not create any third-party beneficiary rights.

Notices

All legal notices to Holtzhost must be sent in writing to [email protected]. Notices to you will be sent to the email address associated with your account and are deemed received 24 hours after sending, provided no delivery failure is reported.

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Contact

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Subject line: "Terms of Service Inquiry"
• Location: Denver, Colorado, USA

For privacy-related inquiries, please see our Privacy Policy and use the contact details and subject lines specified there.