1. Identification of Parties & Operating Entity
These Terms of Service ("Agreement", "Terms") constitute a legally binding contract entered into between CONAK SOFT LLC, a limited liability company organized and existing under the laws of the State of New Mexico, USA, having its principal office at 1209 MOUNTAIN ROAD PL NE STE N, ALBUQUERQUE, NM 87110, USA ("Company", "HostGel", "we", "us", or "our"), and the individual or legal entity subscribing to or utilizing our services ("Customer", "Client", "you").
By registering an account, ordering any hosting service, domain name, or digital product on hostgel.com, you acknowledge that you have read, understood, and irrevocably agree to be bound by all terms, conditions, and policies incorporated herein.
2. Server Infrastructure & Data Center Location
HostGel operates its production server fleet, high-speed NVMe nodes, and DNS infrastructure utilizing Tier-III datacenter facilities provided by Contabo GmbH located at Hub Europe (Frankfurt am Main, Germany). Customer acknowledges that data storage, network transit, and computing power are physically delivered through these European datacenter facilities in accordance with applicable international data standards.
HostGel is NOT a disaster recovery or backup archiving facility. Automated snapshots, system images, or backup tools provided within the HostGel platform are purely for internal system maintenance and administrative convenience. THE CUSTOMER BEARS THE SOLE, EXCLUSIVE, AND CONTINUOUS RESPONSIBILITY TO GENERATE, MAINTAIN, AND TEST INDEPENDENT, COMPLETE OFF-SITE BACKUPS OF ALL FILES, DATABASES, AND EMAILS AT ALL TIMES. UNDER NO CIRCUMSTANCES SHALL CONAK SOFT LLC BE HELD LIABLE FOR ANY DATA LOSS, HARDWARE CRASH, FILE CORRUPTION, CYBER INCIDENT, OR INABILITY TO RESTORE DATA.
3. Limitation of Liability & Absolute Cap on Damages
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: IN NO EVENT SHALL CONAK SOFT LLC, ITS FOUNDERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR UPSTREAM INFRASTRUCTURE PROVIDERS (INCLUDING CONTABO GMBH) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF COMMERCIAL PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, CORRUPTION OR LOSS OF DIGITAL ASSETS OR DATA, DOWNTIME, OR REPUTATIONAL DAMAGE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ABSOLUTE CUMULATIVE LIABILITY CAP: IN THE EVENT THAT CONAK SOFT LLC IS DETERMINED TO BE LIABLE BY A COMPETENT ARBITRATION TRIBUNAL, ITS TOTAL AGGREGATE FINANCIAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF SERVICES SHALL BE STRICTLY LIMITED TO AND SHALL NOT EXCEED THE ACTUAL NET AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC HOSTING SERVICE IN DISPUTE DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE ALLEGED EVENT.
4. Disclaimer of Warranties ("AS IS" and "AS AVAILABLE")
ALL HOSTING SERVICES, COMPUTING INSTANCES, DOMAIN SERVICES, CONTROL INTERFACES, AND SOFTWARE MODULES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CONAK SOFT LLC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR FREE OF VULNERABILITIES.
5. Indemnification by Customer
Customer agrees to defend, indemnify, and hold harmless CONAK SOFT LLC, its affiliates, directors, contractors, and upstream network carriers from and against any and all third-party claims, lawsuits, regulatory penalties, liabilities, losses, and reasonable legal/attorney fees resulting from: (i) any content, website, script, or material hosted under Customer's account; (ii) any infringement of intellectual property, trademarks, or copyrights; (iii) any violation of the Acceptable Use Policy; or (iv) any unlawful act committed through Customer's servers or domains.
6. Account Security, Suspension & Unilateral Termination
CONAK SOFT LLC reserves the absolute right to suspend, rate-limit, or terminate any hosting account, domain service, or customer profile immediately, without prior notice or refund, in any of the following occurrences:
- Receipt of a verified Network Abuse, malware, or phishing complaint from Contabo, upstream transit providers, or CERT agencies;
- Engaging in denial of service (DoS/DDoS) attacks, crypto-mining, or severe server hardware resource exhaustion;
- Non-payment, disputed billing, or fraudulent chargeback initiation;
- Compliance with subpoenas, court orders, or law enforcement mandates.
7. Governing Law, Mandatory Arbitration & Class Action Waiver
This Agreement, and any dispute, controversy, or claim arising out of or in connection with it, shall be governed by, interpreted, and construed strictly in accordance with the substantive laws of the State of New Mexico, United States of America, without giving effect to any principles of conflicts of law.
BINDING ARBITRATION: Any legal dispute that cannot be resolved amicably within thirty (30) days shall be settled exclusively and finally by confidential, binding individual arbitration conducted in Albuquerque, New Mexico, under the Commercial Arbitration Rules of the American Arbitration Association (AAA).
CLASS ACTION WAIVER: THE PARTIES AGREE THAT ANY PROCEEDINGS SHALL BE CONDUCTED SOLELY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE LITIGATION.