Terms of Service
Last Updated: [21 March 2025]
DEFINITIONS
- “We”/”Us”/”Our”/”F9Host Technologies Private Limited”/”F9 Host”: Refers to F9Host Technologies Private Limited and/or any of its parents, subsidiaries, or affiliates involved in providing the Services.
- “You”/”Your”/”User”: Refers to any user of the Website and/or customer of the Services.
- “End Users”: Any individual or entity that, directly or indirectly through another user, (a) accesses or uses Your Services Content, or (b) otherwise accesses or uses the Services under your account.
- “Cloud Provider”: One or more third-party cloud providers that may be used to deliver the Services.
- “Services”: Any services offered by F9Host Technologies Private Limited on its Website, including but not limited to cloud application deployment, management, and infrastructure management—collectively referred to as the “F9 Host Platform.”
- “Services Content”: Source code, files, software, processes, interfaces, data, text, settings, media, or other information stored, hosted, or processed by the Services.
- “User Content”: Content that you submit or upload to the Services, including messages, reviews, media, images, folders, data, text, and other works.
PRELIMINARY
These Terms of Service (the “Terms”, “Terms of Use”, or “Agreement”) govern your use of the Services provided by F9Host Technologies Private Limited under the domain name f9host.com (the “Website”). We reserve the right to revise or amend these Terms and/or the Services at any time to reflect changes in market conditions, technology, payment methods, legal requirements, or our system capabilities. Your continued access to or use of the Website and/or Services constitutes your acceptance of any such changes.
ACCEPTANCE OF THE TERMS
By accessing or using the Website and/or the Services, you agree to be bound by these Terms, as well as our Acceptable Use Policy, Privacy Policy, Service Level Agreement (SLA), and any additional terms and conditions that may apply. Your acceptance is indicated by clicking “I ACCEPT” or through any other method of consent provided on our Website.
1. ELIGIBILITY & REGISTRATION
- 1.1 Compliance: Before using our Website and Services, you must ensure that your use complies with all applicable laws, rules, and regulations. Your right to access the Website and Services is limited to lawful use.
- 1.2 Age Requirement: The Website and Services are intended only for users who are 18 years of age or older. By using our Website and Services, you represent that you are at least 18 or have sufficient legal consent to do so.
- 1.3 Account Registration: To access certain features of the Services, you must register for an Account. Registration may require providing personal information (e.g., name, email address, and valid payment method). All Account information is subject to our Privacy Policy and Data Processing Agreement.
- 1.4 Right to Refuse Service: We reserve the right, at our sole discretion, to refuse or discontinue providing the Website and Services to any user who fails to comply with these Terms.
2. RULES OF CONDUCT & USE OF THE SERVICES
- 2.1 Third-Party Agreements: You agree to abide by the license agreements and terms of any third-party Cloud Providers or application providers whose services you access through F9Host. Any such terms are incorporated by reference.
- 2.2 Third-Party Content: Some content available through the F9 Host Services may originate from third-party providers and is provided “as is.” We do not accept liability for changes, removal, or any issues arising from third-party content.
- 2.3 Account Security: You must provide accurate registration information and are responsible for maintaining the security of your account, including your password. Any unauthorized use of your account must be reported immediately.
- 2.4 Permitted Use: You agree to use the Website and Services only for purposes permitted by these Terms and applicable law. Prohibited activities include, but are not limited to, infringing on third-party rights, unauthorized access, or any activity that disrupts or interferes with the Services.
- 2.5 Account Sharing & Resale: You may not share, re-sell, or otherwise transfer your F9Host account or Services to any third party without our prior written consent.
- 2.6 Ownership & Control: Except as otherwise agreed, you acknowledge that you are solely responsible for all activities conducted through your Account, including any content posted by you or your End Users.
- 2.7 Third-Party Applications: Any license to use third-party applications is granted directly by the respective provider. You are responsible for compliance with any such terms and for obtaining any necessary rights.
- 2.8 Backups & Data Integrity: In alignment with our Acceptable Use Policy, F9Host performs daily backups for disaster recovery purposes. However, you are solely responsible for maintaining offsite backups of your Services Content and ensuring data integrity. While we take commercially reasonable measures to protect your data, F9Host shall not be liable for any loss or damage arising from system failures, user error, or other unforeseen events.
- 2.9 Geographic & Cloud Storage: When purchasing Services, you may select a geographic region and Cloud Provider for data storage. You consent to data being stored and possibly transferred to other regions or providers as determined by F9Host, provided such transfers are permissible by law.
- 2.10 Customer Testing: If you wish to conduct any security or penetration testing of your applications (“Customer Tests”), you must notify us at least seven (7) days in advance at [email protected]. Such tests must not impact any third-party systems.
- 2.11 Access to Third-Party Resources: The Website and Services may contain links to third-party websites. Accessing such websites is at your own risk, and we are not responsible for their content or any damages arising from their use.
- 2.12 Compliance with Sanctions: You represent that you are not located in any country subject to trade sanctions by the Office of Foreign Assets Control (OFAC), and that you comply with all applicable economic and trade sanctions.
- 2.13 Cloud Provider Accounts: Some Services may require you to establish and maintain separate accounts with third-party Cloud Providers. You are responsible for the fees and compliance with such providers’ terms.
- 2.14 Access & Disclosure: We reserve the right to access, read, preserve, and disclose any information from your Account as necessary to comply with applicable law, enforce these Terms, or protect our rights and safety.
- 2.15 Temporary Installations: Certain application trials are offered for temporary use only. F9Host may delete trial applications or shut down related servers at any time.
3. WARRANTY, LIMITATION OF LIABILITY, & INDEMNIFICATION
3.1 Warranty Disclaimer
THE WEBSITE, SERVICES, AND ALL CONTENT PROVIDED ARE OFFERED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE SECURE, ERROR-FREE, OR AVAILABLE AT ANY SPECIFIC TIME.
3.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES OR LEGAL THEORY SHALL F9 HOST, ITS CONTRIBUTORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK INTERRUPTION, DATA LOSS, COMPUTER MALFUNCTION, OR ANY COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A COURT DETERMINES LIABILITY, F9 HOST’S MAXIMUM LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU FOR ONE MONTH OF THE SERVICES.
3.3 Indemnification
You agree to defend, indemnify, and hold harmless F9 Host, its employees, officers, directors, affiliates, agents, and representatives from and against all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website and Services, your User Content, your End Users, or any breach of these Terms. We reserve the right to assume exclusive defense of any matter subject to indemnification, and you agree to cooperate fully at your expense.
4. MUTUAL CONFIDENTIALITY
- 4.1 Definition: Any nonpublic information disclosed by F9 Host that is designated as confidential—or that, given its nature, reasonably should be understood to be confidential—shall be considered “Confidential Information.” This includes, but is not limited to, information regarding our technology, customers, business plans, finances, and operations.
- 4.2 Use and Disclosure: You may use Confidential Information solely in connection with your use of the Services as permitted by these Terms. You must take all reasonable measures to prevent unauthorized disclosure or use, both during and after the term of these Terms.
- 4.3 Exclusions: Confidential Information does not include information that (i) is publicly available without breach of these Terms; (ii) was already known to you prior to disclosure; (iii) is obtained from a third party without breach of any obligation; or (iv) is independently developed by you.
5. GENERAL LEGAL TERMS
- 5.1 Modifications: F9 Host may update or modify these Terms at any time. Notice of changes may be provided via email or by updating the “Last Updated” date. Your continued use of the Website or Services constitutes acceptance of the updated Terms.
- 5.2 Termination: F9 Host reserves the right to terminate or suspend your access to the Website and Services at any time, with or without notice, for any reason, including nonpayment. Upon termination, all rights granted to you under these Terms will cease immediately, and you must stop using the Website and Services.
- 5.3 Language: In the event of any conflict between the English version of these Terms and any translation, the English version shall prevail.
- 5.4 Notices: You agree to accept all notices, whether legal or otherwise, delivered electronically by F9 Host.
- 5.5 Third-Party Links: The Website and Services may contain hyperlinks to third-party websites. F9 Host is not responsible for the content, policies, or practices of such third parties.
- 5.6 Waiver: Failure by F9 Host to enforce any right or provision in these Terms shall not be deemed a waiver of such right or provision.
- 5.7 Data Security: F9 Host employs industry-standard technology and practices to protect your login credentials and data. In the event of a breach, we will notify you by email or other appropriate means.
- 5.8 Entire Agreement: These Terms, together with all documents expressly incorporated herein, constitute the entire agreement between you and F9 Host and supersede all prior agreements.
- 5.9 Assignment: You may not assign or transfer these Terms without our prior written consent. F9 Host may assign these Terms without notice.
- 5.10 Governing Law & Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the State of New York. You and F9 Host consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York for any disputes arising under these Terms.
6. BILLING AND PAYMENTS
- 6.1 Billing Cycle: You will receive an invoice during the first week of every month for the Services used in the previous month.
- 6.2 Pay-As-You-Go: F9 Host operates on a pay-as-you-go model, billing in one-hour increments for resource usage.
- 6.3 Refunds: Unused prepaid funds may be refunded if a request is submitted within three months of fund addition, excluding amounts already deducted for Services consumed.
- 6.4 Payment Processors: We use third-party Payment Processors to charge your linked payment methods. Payment processing is subject to the terms and conditions of these processors.
- 6.5 Account Information: You must maintain accurate and up-to-date billing information. You are responsible for notifying us of any changes in your payment details.
- 6.6 Recurring Billing: By using our Services, you authorize F9 Host or our Payment Processors to charge your payment methods on a recurring basis in accordance with our pricing policies.
- 6.7 Taxes: You are responsible for any applicable taxes, customs fees, or other charges associated with your use of the Services. If required, we will collect and remit such taxes as mandated by law.
- 6.8 Service Credits: Any service credits provided are subject to our terms and may be revoked or expire early at our discretion.
7. STATEMENT ON MODERN DAY SLAVERY
F9 Host confirms that neither it nor any entity under its control is involved in Modern Slavery practices, including forced or compulsory labor. We do not conduct business with any entity known to be involved in such practices.
By using the Website and Services of F9Host Technologies Private Limited, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you have any questions or require further clarification, please contact our support team at [email protected].
