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Hostsmith

Terms of Service

From everyone at ops42, thank you for using our products! We build them to help you do your best work.

When we say "Company", "we", "our", or "us" in this document, we are referring to ops42 OU.

When we say "Services", we mean our applications, including Hostsmith, and any product or website created and maintained by ops42 OU.

When we say "You" or "your", we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Acceptable Use

You agree not to misuse the Services or help anyone else do so. You must not use the Services for any unlawful purpose or in violation of any applicable local, national, or international law or regulation. In particular, you agree not to use the Services to:

  1. Host, distribute, or link to content that is illegal, fraudulent, defamatory, obscene, or otherwise objectionable.
  2. Host or distribute malware, viruses, phishing pages, spyware, or any other malicious code or content designed to harm users or systems.
  3. Infringe or misappropriate the intellectual property rights of others, including copyrights, trademarks, trade secrets, or patents.
  4. Send, facilitate, or host unsolicited bulk communications (spam) or deceptive content.
  5. Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
  6. Harvest, collect, or gather user data without consent, or engage in unauthorized data scraping.
  7. Interfere with, disrupt, or attempt to gain unauthorized access to the Services, other accounts, or any related networks or systems.
  8. Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.
  9. Host content that exploits or endangers minors in any way.
  10. Circumvent any usage limits, access controls, or security measures of the Services.
  11. Resell, redistribute, or sublicense the Services, or use them to operate a competing service, without our prior written consent.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

Payment, Refunds, and Plan Changes

Our full refund terms are described in the Refund Policy, which is part of these Terms.

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and - just like for customers who pay for our Services - we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation option. If you need help canceling your account, you can always contact us at contact@hostsmith.net.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements for most of our Services, but do take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that ops42 may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make. We'll ask for express consent before accessing your account.
    • On the rare occasions when an error occurs that stops an automated process partway through. When we can fix the issue without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
    • To safeguard ops42. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  6. Our Services use strictly necessary cookies (for authentication and data routing) that are required for the service to function. We also use optional analytics cookies, which are only activated with your consent. Your consent preference is stored in a cookie that expires after 12 months. For full details, see our Privacy Policy.

API Terms

We may offer Application Program Interfaces ("APIs") for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

  1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

AI Agents and the MCP Server

Hostsmith publishes an official Model Context Protocol ("MCP") server that lets AI agents (such as Claude Desktop, Claude Code, Cursor, and other MCP-compatible clients) call our APIs on your behalf. If you connect your account to an AI agent through the MCP server or any other means, the following terms apply in addition to the rest of these Terms:

  1. You are responsible for everything your agent does. Any tool call made through the MCP server with credentials issued to your account is treated as your own action - including creating, updating, overwriting, or deleting sites, attaching or detaching custom domains, and publishing content.
  2. AI output is not guaranteed. Large language models and AI agents can produce incorrect, incomplete, misleading, or harmful output. They can hallucinate parameters, pick the wrong site, deploy the wrong file, overwrite content you intended to keep, delete sites you intended to keep, target the wrong data partition, or publish content that infringes third-party rights or violates the Acceptable Use section of these Terms.
  3. Review and confirmation are your responsibility. You are responsible for reviewing your agent's proposed tool calls before approving destructive actions (deletes, overwrites), for verifying that any deployed content is accurate, lawful, and free of malware, and for using version control or backups for any artifact you cannot afford to lose. Tool-level safeguards (e.g. the `confirm` flag on `delete_site`) are best-effort assistance, not a substitute for review.
  4. No liability for AI-generated actions or output. You expressly understand and agree that ops42 OU and Hostsmith shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages arising out of or related to: (i) any tool call made by an AI agent, including calls that delete, overwrite, expose, or modify your sites or content; (ii) the accuracy, quality, legality, or safety of any content generated, selected, or published by an AI agent; (iii) any decision made or action taken in reliance on AI agent output; (iv) loss of data, sites, deployments, or revenue caused by AI-driven actions; or (v) any third-party claim arising out of content an AI agent published through your account.
  5. Third-party AI providers. The MCP server itself is operated by Hostsmith, but the AI agent, model, and client software are provided by third parties (Anthropic, OpenAI, Cursor, and others). Hostsmith does not control those providers, makes no representation about their behavior, and is not responsible for their availability, output, pricing, or terms.
  6. Acceptable Use still applies. All restrictions in the Acceptable Use section of these Terms apply to content generated or published by an AI agent through your account. We may remove content, suspend access to the MCP server, or terminate accounts whose AI-driven activity violates those restrictions, regardless of whether the violation was intentional.

In short: AI agents are powerful but fallible. By connecting an agent to your Hostsmith account, you accept the risk that the agent may do something you did not intend, and you agree that the responsibility for those actions, and for any resulting damage, rests with you and not with us.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our best to be as safe a bet as possible through careful management of the business, investments in security and infrastructure. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact us at contact@hostsmith.net.