Draft. This document is under legal review and may change before it is final. Questions: support@ifhosting.com.
Effective 2026-10-28
1. Who these terms are with
These Terms of Service ("Terms") are an agreement between you and Wells Software Consulting LLC, doing business as IFHosting ("we", "us"), 1 E Erie St, Suite 525-2098, Chicago, IL 60611. They govern the dedicated servers, management services and add-ons you order from IFHosting.com (the "Services"). By submitting an order or using the Services you agree to these Terms, the Acceptable Use Policy, the Service Level Agreement, the Refund Policy and the Privacy Policy, which form part of these Terms.
2. Eligibility and accounts
The Services are offered to businesses and to individuals at least 18 years old acting for business purposes. You must give accurate contact and billing information and keep it current. You are responsible for everything done through your account and on your servers, including by people you give access to.
3. Orders
An order request is an offer to buy. A contract forms only when we confirm the order in writing (by email or in the customer portal) with the configuration, location, price and handover date, and you pay the first invoice. Stock is limited and may change before confirmation. Prices shown on the website are in US dollars and exclude applicable taxes.
4. Services
We provide the server hardware, network connectivity, and the management tier you choose, as described on the website at the time of your order. Management tiers cover the operating system and the items listed for that tier; they do not cover your applications, code, content or third-party software unless we agree in writing. We may use subcontractors and third-party data center operators to provide the Services and remain responsible for their performance under these Terms.
5. Fees, billing and taxes
- Fees are billed in advance for each billing term (monthly, quarterly, annual or biennial). One-time fees are billed with the first invoice.
- Invoices are due on receipt unless the invoice states otherwise. Payment is by card or another method we accept.
- If an invoice is unpaid 7 days after its due date we may suspend the Services after notice. If it is unpaid 21 days after its due date we may terminate the Services and reclaim the hardware. Data on terminated servers is erased and cannot be recovered.
- You are responsible for taxes on the Services other than taxes on our income.
- We may change prices for future terms with at least 30 days' notice. Prices do not change during a prepaid term.
6. Your responsibilities
- Comply with the Acceptable Use Policy and all applicable laws.
- Keep your own copies of important data. Managed backups reduce risk; they do not transfer responsibility for your data to us.
- Keep credentials you hold confidential, and tell us promptly about any suspected compromise.
- Do not interfere with our monitoring or management agents on managed tiers without telling us.
7. Our access to your server
On managed tiers you authorize us to access your server to perform the management services and to respond to incidents. On all tiers we may access the hardware or network to repair, maintain or protect it, to investigate a suspected violation of the Acceptable Use Policy, or when required by law. We log administrative access.
8. Suspension
We may suspend Services without prior notice if necessary to prevent harm to our network, other customers or third parties (for example an active attack originating from your server), if required by law, or for a serious Acceptable Use violation. We will tell you why as soon as reasonably possible and restore service once the issue is resolved.
9. Term and cancellation
Services renew automatically for the same term unless cancelled. You can cancel a monthly Service effective at the end of the current month by notice through support. Prepaid terms run to their end and are not refundable except as the Refund Policy says. We may terminate for convenience at the end of any term with 30 days' notice, or immediately for material breach not cured within 10 days of notice. On termination, your data on the server will be erased; export it before the end date.
10. Warranties and disclaimers
We will perform the Services with reasonable skill and care. The Service Level Agreement sets out your remedies for availability and response. Except as stated in these Terms, the Services are provided "as is", and we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement to the extent permitted by law.
11. Limitation of liability
To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Our total liability arising out of or relating to the Services in any 12-month period is limited to the fees you paid for the affected Service in that period. These limits do not apply to your payment obligations, a party's indemnity obligations, or liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify us against third-party claims arising from content or software on your servers, your use of the Services in breach of these Terms or the Acceptable Use Policy, or your violation of law.
13. Changes to these Terms
We may update these Terms. Material changes take effect 30 days after we notify you, except changes required by law, which take effect when stated. Continued use after the effective date means you accept the change.
14. General
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-laws rules. The state and federal courts in Cook County, Illinois have exclusive jurisdiction. Neither party may assign these Terms without the other's consent, except to a successor of its business. If a provision is unenforceable, the rest remains in effect. These Terms are the entire agreement about the Services and replace prior statements about them.
15. Contact
Wells Software Consulting LLC, 1 E Erie St, Suite 525-2098, Chicago, IL 60611. Phone (312) 313-3883. Email support@ifhosting.com.