By placing an order for, accessing, or using MacawHost’s hosting, infrastructure, and related offerings (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not accept these Terms, you must not use the Services.
If you access or use the Services on behalf of a business or other legal entity, you represent that you are authorized to accept these Terms for that entity.
1. Related Policies and Additional Terms
These Terms form the main agreement that applies to the Services. The documents listed below are incorporated into and form part of this agreement:
- Acceptable Usage Policy (AUP)
- Billing & Refund Policy:
- Service Descriptions: plan features, limits, technical specifications, and product details displayed on our website, during checkout, or in your client area
In the event of any inconsistency, the following order of precedence applies unless a document expressly says otherwise: Service Descriptions/Order → SLA → these Terms → other policies.
2. Definitions
- Account: your customer account with MacawHost.
- Content: any material you upload, store, host, send, or otherwise make available through the Services, including websites, files, databases, emails, code, text, graphics, and other information.
- Order: your purchase of Services, including the selected billing term, renewals, add-ons, and any applicable usage-based fees.
3. Services
MacawHost supplies the Services in line with your Order and the relevant Service Descriptions. Service Descriptions may set technical or usage limits, including storage, bandwidth, CPU, memory, inodes, email sending thresholds, number of domains, and similar restrictions, which may differ depending on the product, such as shared hosting, VPS, dedicated servers, or managed solutions.
- Plan-based scope: the features, performance level, and support included depend on the plan you choose. Features not included in your plan may require an upgrade or an additional paid option.
- Service changes: we may revise, improve, replace, or discontinue parts of the Services for reasons including security, stability, legal compliance, or service improvement. Where reasonably possible, we will make commercially reasonable efforts to notify you if a material change reduces a core paid feature.
- Maintenance: scheduled maintenance, emergency work, and security-related actions may cause temporary interruptions to the Services.
- Technical requirements: you must comply with any reasonable technical directions we provide, including required DNS configuration, security remediation, or other steps needed to activate or protect the Services.
4. Account Information and Security
You must maintain an Account in order to use the Services. Protecting your Account is important because access to it may allow changes to hosting settings, DNS, email services, and Content.
- Accurate account information: when registering an Account, you must provide complete and accurate contact and billing details, including a valid email address. We may rely on this information to verify ownership, send notices, support recovery requests, and satisfy payment processor or compliance obligations. In certain situations, we may request further verification, such as government-issued identification or business records, to confirm identity or prevent fraud, unauthorized access, or payment misuse.
- Keep information current: you are responsible for keeping your contact details up to date. If your information is outdated or incorrect, you may not receive important notices relating to payments, service issues, security incidents, or suspension risks. MacawHost is not liable for issues arising from inaccurate or outdated Account details.
- Account owner: the individual or organization named on the Account will be treated as the Account owner. You are responsible for ensuring access is limited to authorized users only.
- Credential security: you are responsible for safeguarding passwords, API credentials, SSH keys, and any other access credentials. You should use strong passwords and enable multi-factor authentication (MFA) wherever available.
- Compromise reporting: if you become aware of or suspect unauthorized access, unusual logins, file changes, malware, phishing, spam, or similar compromise, you must notify us without delay. We may require password resets, patching, or additional security actions before restoring or continuing the Services.
- Verification: we may request verification before granting access, changing ownership details, or carrying out other sensitive Account actions.
5. Fees, Payments, Refunds, and Auto-Renewal
You agree to pay all charges connected to your Orders, including recurring subscription fees and any applicable usage-based costs. Pricing, billing periods, and included limits are shown in your Order and/or the relevant Service Descriptions.
- Auto-renewal: many Services are offered on a subscription basis and will renew automatically unless cancelled in accordance with the Billing & Refund Policy and your selected plan term. To help prevent service interruption, renewal payments may be collected before the renewal date.
- Payment authorization: by submitting a payment method, you authorize MacawHost and our payment providers to charge it for initial purchases, renewals, approved add-ons, applicable usage fees, and taxes where required.
- Failed or late payments: if payment is unsuccessful or overdue, we may suspend the affected Services until the outstanding balance is paid. If non-payment continues, the Services may be terminated. You remain responsible for all unpaid amounts.
- Refunds: any refund rights, including applicable conditions, exclusions, cancellation requirements, and timelines, are set out in the Billing & Refund Policy. If this section conflicts with that policy on refund or cancellation matters, the Billing & Refund Policy will prevail.
- Chargebacks: if you file a chargeback or payment dispute, we may suspend the Services while the issue is reviewed and may request information reasonably required by our payment processor.
- Taxes: unless stated otherwise, fees do not include taxes. You are responsible for any applicable taxes, duties, or government-imposed charges.
6. Service Levels (SLA)
Where a Service Level Agreement applies to your Service, it sets out the uptime commitment, measurement approach, exclusions, and any available service credits. Any SLA credits, if offered, are your only and exclusive remedy for availability issues covered by the SLA, as specified in that agreement.
7. Backups and Data
You are responsible for keeping your own independent backups of all Content and data. Hosting systems can be impacted by software problems, configuration mistakes, external attacks, hardware issues, or human error. You should maintain backups appropriate for your needs, including backups of websites, databases, and email.
If MacawHost provides backup functionality, it is offered as a convenience and may be subject to retention periods, storage limitations, exclusions, or availability limits. We do not guarantee that backups will always exist, be complete, be up to date, or be recoverable in every situation.
Any restoration request may depend on technical feasibility and may, where applicable, involve additional fees, including charges for manual recovery assistance.
8. GENERAL RULES OF CONDUCT
This section outlines general standards of conduct for using the Services. A fuller list of prohibited uses appears in the AUP.
- Do not use the Services for illegal, harmful, abusive, or disruptive purposes.
- Do not post, publish, or distribute Content that is unlawful, exploits minors, or encourages violence, terrorism, or self-harm.
- Do not distribute malware or run tools intended to compromise systems, evade security measures, or consume excessive resources, including unauthorized cryptocurrency miners.
- Do not engage in phishing, hacking, fraud, scanning, spam, or identity theft.
- Do not operate services intended to mask identity or enable abuse, such as open proxies used for attacks or spam activity.
- Do not cause technical or reputational damage to our infrastructure, including conduct that leads to IP blacklisting or repeated abuse complaints.
- Do not impersonate another person or entity, or mislead users in a way that may cause harm.
9. Acceptable Use and Compliance
You must use the Services in accordance with applicable law and the AUP. Any breach of the AUP will be treated as a material breach of these Terms.
If we reasonably believe that your use of the Services violates these Terms or the AUP, is unlawful, or creates a security or operational concern, we may take protective measures. Such actions may include removing or restricting access to Content, limiting features, isolating affected Services, or suspending or terminating the Services.
We may review abuse complaints and respond to valid legal requests from authorities when required.
10. Customer Responsibilities
Unless your Service Description specifically states that a Service is “managed,” you are responsible for your hosted environment, including your applications, code, configurations, and security. This includes maintaining current software versions, including CMS platforms and plugins, and using suitable access controls.
You must remain within the limits of your selected plan. If your usage is excessive or negatively impacts the performance or stability of other customers, we may limit resources, require corrective action, or require that you upgrade your Service.
If you grant Account access to employees, contractors, or any third party, you remain responsible for their conduct and compliance with these Terms.
11. Content and Intellectual Property
You keep ownership of your Content.
You grant MacawHost a limited, non-exclusive license to store, process, transmit, and display your Content only as needed to provide, operate, protect, and support the Services, including serving your website, handling ordinary system operations, and resolving abuse, security, or technical matters.
MacawHost retains all rights, title, and interest in and to the Services, platform, software, documentation, and underlying technology. You may not reverse engineer, decompile, or attempt to extract source code from the Services except where such restrictions are not permitted by law.
If you submit suggestions, feedback, or ideas to MacawHost, you agree that we may use them without any obligation to compensate or credit you.
12. Copyright Complaints
If you believe Content hosted through the Services infringes your copyright, please send a report to [abuse@macawhost.com].
Your notice should include enough detail for us to identify and review the relevant Content, including:
- a description of the copyrighted work you believe has been infringed;
- the URL(s) or other location(s) of the Content on our Services;
- your name and contact information; and
- a brief statement explaining why you believe the use is not authorized.
Customer Content and responsibility. MacawHost provides hosting services and does not create, edit, or control customer Content. Customers are responsible for ensuring their Content complies with applicable law and does not violate third-party rights. MacawHost’s responsibility regarding customer Content is limited to the extent required by applicable law.
After receiving a report, we may remove or restrict access to the reported Content and may contact the customer involved. Accounts associated with repeated intellectual property infringement may be suspended or terminated.
13. Third-Party Services
The Services may include integrations with or dependencies on third-party products and providers, such as registrars, control panels, or payment processors. Those third-party services may be subject to their own terms. Except where expressly stated in these Terms or the applicable Service Descriptions, MacawHost is not responsible for third-party services.
14. Suspension, Termination, and Content Removal
We may suspend the Services immediately if we reasonably determine that you have violated these Terms, the GENERAL RULES OF CONDUCT, or the AUP; your activity is unlawful; your use creates a legal, operational, or security risk; your payment is overdue; or suspension is required by law or legal process.
We may terminate the Services for serious or repeated violations. You may cancel Services in accordance with the Billing & Refund Policy and your plan terms.
If Services are suspended or terminated, you may lose access to your Content. You are responsible for exporting or securing your Content before cancellation or termination. Following termination, we may delete Content and Account data in the ordinary course of business and do not guarantee recovery.
15. Support and Notices
Support is provided through the official support channels listed on our website and/or within your client portal.
We may provide operational, administrative, and service-related notices electronically, including by email or through your client portal. You are responsible for keeping your contact details accurate and current.
16. Disclaimers
Except where expressly stated in an applicable SLA or Service Description, the Services are provided on an “as is” and “as available” basis. To the fullest extent allowed by law, MacawHost disclaims all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
17. Limitation of Liability
To the maximum extent permitted by law, MacawHost will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, revenue, business, data, goodwill, opportunities, or similar losses, even if advised that such damages were possible.
MacawHost will not be responsible for damages arising out of: (a) your Content, software, or configurations; (b) unauthorized access, security breaches, or third-party attacks; (c) third-party services or networks; (d) loss or corruption of data; or (e) suspension or termination carried out in accordance with these Terms.
MacawHost’s total aggregate liability for any claim connected to the Services will not exceed the fees you paid for the affected Service during the three (3) months immediately before the event giving rise to the claim.
Certain jurisdictions do not permit some liability limitations. In those jurisdictions, liability will be limited only to the maximum extent allowed by applicable law.
18. Changes to These Terms
We may revise these Terms from time to time. Any updated version becomes effective once posted on our website. By continuing to use the Services after the revised Terms take effect, you agree to the updated version.
19. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. A failure by us to enforce any provision at any time does not waive our right to enforce it later.
These Terms, together with the incorporated policies, Orders, and Service Descriptions, constitute the complete agreement between you and MacawHost regarding the Services and supersede all prior or contemporaneous discussions, understandings, or agreements on the same subject matter.
Any provisions that by their nature should remain in effect after termination will survive, including Section 11 (Content and Intellectual Property), Section 16 (Disclaimers), Section 17 (Limitation of Liability), and this Section 19.