Panther & Cub Managed Hosting Service Terms
Effective date: August 23, 2026 Version: 1.1
These Managed Hosting Service Terms (the “Service Terms”) supplement the Panther & Cub Customer Terms and apply when a Customer purchases managed hosting in an order, proposal, statement of work, invoice, subscription, or checkout (an “Order”).
Together, the Customer Terms, these Service Terms, and the applicable Order form the agreement for the hosting Service. Capitalized terms not defined here have the meanings given in the Customer Terms. If these Service Terms conflict with the Customer Terms, these Service Terms control for the hosting Service. An Order or separately signed agreement may override both as described in the Customer Terms.
1. Hosting Service
Provider supplies access to the hosting infrastructure, server resources, and basic server administration described in the Order (the “Service”). The Service is intended to provide the environment in which Customer’s website or application runs. It is not a data-preservation, disaster-recovery, software-maintenance, cybersecurity, or business-continuity service.
The Service is ordinarily provisioned using infrastructure supplied by Hetzner Online GmbH or its affiliates (“Hetzner”) and may use other third-party networking, domain, certificate, security, monitoring, payment, or infrastructure providers. Provider is an independent service provider and is not Hetzner’s agent, partner, or guarantor.
Provider may change an underlying provider or technical configuration when reasonably necessary for availability, security, capacity, legal compliance, or continued operation, provided the change does not materially reduce the server resources purchased in the Order.
2. Included administration
Unless the Order states otherwise, basic server administration is limited to:
- Provisioning the server or allocated hosting environment.
- Maintaining Provider-controlled access to the infrastructure.
- Basic network, routing, and SSL configuration for the hosted service.
- Applying infrastructure-level configuration changes Provider considers reasonably necessary to keep the environment available or secure.
- Responding to reasonable requests concerning the status of the hosting environment during published support hours.
Provider determines the tools, configuration, and procedures used to administer the environment. Included administration does not create an obligation to continuously monitor, modify, repair, or support Customer’s website, application, code, database, content, integrations, or business operations.
3. Services not included
Unless expressly purchased under a separate Order, the Service does not include:
- Backups, snapshots, replication, retention, archival, or disaster recovery.
- Restoration, reconstruction, or re-entry of data.
- Application, database, plugin, theme, framework, dependency, or content updates.
- Application monitoring, performance monitoring, security monitoring, or incident response.
- Malware removal, vulnerability remediation, forensic investigation, or recovery from compromise.
- Development, debugging, repair, migration, configuration of additional applications, or integration work.
- Domain registration, DNS management, email, compliance, or data-protection services.
- Any service-level agreement, uptime commitment, response-time commitment, recovery-time objective, or recovery-point objective.
Any of these services must be expressly described in a separate Order. Purchasing an additional service does not change the allocation of responsibility in these Service Terms except to the extent that the separate Order expressly says it does.
4. Fees and resource changes
The recurring fee, currency, and billing period are stated in the applicable Order and may vary based on the selected server, resources, location, configuration, and included services. Recurring fees are billed in advance through Stripe and automatically renew for the billing period stated in the Order until canceled.
Underlying provider prices, taxes, exchange rates, required licenses, bandwidth, storage, IP addresses, and other infrastructure costs may change. Provider may prospectively adjust the recurring fee by giving Customer at least 30 days’ notice. The new fee applies no earlier than the next renewal after the notice period. Customer may cancel before the new fee takes effect.
Customer is responsible for separately approved work and for additional resources Customer requests or requires because of traffic, storage, bandwidth, security, or technical needs.
5. Availability and maintenance
Provider will use commercially reasonable efforts to make the Service available, but does not guarantee that the Service will be uninterrupted, error-free, secure, or available for any percentage of time.
The Service may be interrupted or degraded by scheduled or emergency maintenance, equipment failure, software defects, capacity limits, network or power failures, cyberattacks, Customer activity, third-party services, suspension by an underlying provider, or events outside Provider’s reasonable control.
Provider may perform maintenance, restart services, move workloads, change network routes, apply emergency controls, or temporarily restrict access when reasonably necessary to maintain or protect the environment. Provider will use reasonable efforts to notify Customer of planned material downtime when advance notice is practical.
Any availability commitment or service credit must appear in a separately signed service-level agreement. An uptime commitment made by an underlying provider does not create an equivalent commitment by Provider and does not cover Customer’s website, application, database, backups, third-party services, or managed work.
6. Customer data and sole backup responsibility
Customer owns and is solely responsible for Customer’s website, applications, databases, files, content, credentials, configurations, and all other data placed in or transmitted through the Service (“Customer Data”).
Hosting is not a backup. Customer bears sole responsibility for determining what must be preserved and for creating, testing, securing, and maintaining current backups of Customer Data outside the hosted server and outside Provider’s control.
Customer must perform a complete backup before requesting or making a material change. Customer must be able to independently restore or re-upload Customer Data following deletion, corruption, compromise, hardware failure, suspension, or termination.
Provider has no obligation to create, verify, retain, monitor, test, restore, or provide a backup unless a separate Order expressly identifies a backup service. Any snapshot, copy, export, or recovery assistance Provider may create or perform without such an Order is incidental, may be incomplete or unusable, and does not create an ongoing duty or warranty.
If a separately purchased backup service applies, its Order controls the included data, schedule, retention, storage location, monitoring, restore testing, recovery procedure, fees, and any recovery objectives. No backup is guaranteed to be complete, current, uncorrupted, or restorable unless the applicable Order expressly states that it has been tested and provides a specific remedy.
7. Data-loss risk
Customer acknowledges that data may be lost, corrupted, altered, disclosed, or rendered unavailable despite reasonable care. Causes may include hardware or storage failure, software defects, failed deployments, compromised credentials, malware, Customer or third-party actions, provider outages, account suspension, configuration errors, and failed or missing backups.
To the fullest extent permitted by law, Provider is not responsible for the loss, corruption, alteration, disclosure, or unavailability of Customer Data, or for the cost of recreating, replacing, restoring, or re-entering Customer Data. This allocation applies whether the data event affects the live server, a snapshot, an export, or any separately stored copy, except to the extent a separate Order expressly provides a specific remedy for a purchased backup service.
Customer accepts that its independent, tested, off-server backups are the primary protection against data loss.
8. Customer security and system responsibilities
Customer is responsible for:
- The legality, accuracy, integrity, classification, and security requirements of Customer Data.
- Application-level security, supported software, updates, dependencies, plugins, themes, code, and configurations unless separately ordered.
- Choosing who may access the Service and promptly removing access for former or unauthorized users.
- Using strong unique credentials and multi-factor authentication wherever available.
- Securing Customer-controlled domain, DNS, source-code, application, and third-party accounts.
- Promptly notifying Provider of suspected compromise, abuse, unusual resource use, or unauthorized activity.
- Determining whether the Service is suitable for Customer’s legal, regulatory, retention, and business-continuity requirements.
Customer must not store payment-card data, health information, biometric data, government identifiers, children’s data, export-controlled data, or other specially regulated or high-risk data in the Service unless Provider has approved it in a separate written Order that identifies the required safeguards.
Provider may refuse or delay an instruction that it reasonably believes would create a security risk, violate law or an underlying provider policy, damage the Service, affect another customer, or cause material data loss.
9. Acceptable use and provider policies
Customer must comply with the Acceptable Use Policy and must not use, or permit anyone to use, the Service to:
- Violate applicable law or another person’s rights.
- Distribute malware, conduct phishing, facilitate fraud, or send unlawful unsolicited communications.
- Probe, scan, or test systems without authorization.
- Interfere with the Service, another customer, or an underlying provider.
- Host infringing, unlawful, or abusive content.
- Circumvent resource limits, access controls, or security measures.
- Conduct activity prohibited by the policies of an applicable infrastructure provider.
Customer is responsible for activity occurring through its systems, accounts, users, applications, and credentials. Customer acknowledges that Hetzner’s applicable terms and system policies may affect the Service. Provider may take action reasonably necessary to comply with an underlying provider’s instruction or prevent suspension of affected infrastructure.
10. Suspension
Provider may suspend or restrict affected portions of the Service when reasonably necessary to:
- Address an active or suspected security risk.
- Prevent damage, prohibited use, unlawful activity, spam, or abuse.
- Perform emergency maintenance.
- Comply with law or an underlying provider’s requirement.
- Respond to Customer’s material breach.
- Address an overdue payment after reasonable notice.
Provider will limit a suspension to what it reasonably considers necessary. Restoration may require Customer to cure the issue, provide information, secure its systems, pay overdue amounts, or reimburse reasonable reactivation or remediation costs.
11. Term, cancellation, and data removal
The subscription continues for the billing period stated in the Order until canceled.
Customer may cancel through its subscription portal or by contacting Provider. Unless the Order states otherwise, cancellation takes effect at the end of the then-current billing period, and Customer remains responsible for fees through that date. Provider may cancel on 30 days’ notice, or sooner for nonpayment, material breach, prohibited use, a continuing security risk, or termination or suspension by an underlying provider.
Customer must export all Customer Data before the effective termination date. Any export, migration, conversion, restoration, or transition assistance from Provider is outside the hosting Service and may require a separate Order.
After termination, Provider may immediately disable access and delete Customer Data from Provider-controlled systems, subject to applicable law and any written retention period in the Order. Customer Data, backups, or snapshots held by an underlying provider may be deleted automatically when the related server or account is deleted. Provider has no obligation to recover or retain Customer Data after termination.
12. Warranty disclaimer
To the fullest extent permitted by law, the Service is provided “as is,” “as available,” and “with all faults.” Provider disclaims all express, implied, and statutory warranties not expressly stated in the applicable Order, including merchantability, fitness for a particular purpose, title, noninfringement, security, uninterrupted availability, data integrity, and error-free operation.
Provider does not warrant that the Service will meet Customer’s requirements, prevent unauthorized access, withstand every attack, preserve Customer Data, or produce any business result. Customer is responsible for evaluating whether the Service and Customer’s independent safeguards are appropriate for Customer’s use.
Some jurisdictions do not allow certain disclaimers. Nothing in these Service Terms excludes a warranty, right, or remedy that cannot lawfully be excluded.
13. Limitation of liability
To the fullest extent permitted by law, Provider and its owners, officers, employees, contractors, affiliates, and suppliers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, goodwill, opportunities, or anticipated savings; business interruption; security incidents; or loss, corruption, disclosure, or unavailability of data, even if advised that those damages were possible.
To the fullest extent permitted by law, the total aggregate liability of Provider and the other protected parties arising out of or relating to the Service, these Service Terms, or the applicable Order will not exceed the recurring fee paid for the affected hosting Service for the one month immediately preceding the event giving rise to the claim.
These exclusions and limitations apply to all theories of liability, including contract, warranty, negligence, tort, strict liability, misrepresentation, restitution, and statute, and apply even if a limited remedy fails of its essential purpose.
The limitations do not apply to liability that cannot legally be excluded or limited or to Provider’s fraud or willful misconduct. The parties acknowledge that the price reflects this allocation of risk and that Provider would charge materially higher fees without it.
14. Third-party infrastructure
Provider is not liable for an underlying provider’s acts, omissions, outages, maintenance, security events, data loss, account action, service changes, pricing changes, discontinuation, or failure to meet its own service level, except to the extent caused by Provider’s willful misconduct.
Provider may, but is not required to, submit or assist with a claim to an underlying provider. Any credit or remedy actually received for the affected Customer service may be passed through at Provider’s discretion after deducting nonrecoverable costs. Customer has no direct contractual right against an underlying provider through Provider’s account.
15. Customer indemnification
Customer will defend, indemnify, and hold harmless Provider and its owners, officers, employees, contractors, affiliates, and suppliers from third-party claims, losses, liabilities, penalties, damages, and reasonable legal expenses arising from Customer Data, Customer’s systems or users, Customer’s unlawful or prohibited use, Customer’s infringement of third-party rights, or Customer’s material breach of these Service Terms.
Provider will promptly notify Customer of a covered claim and provide reasonable cooperation. Customer may not settle a claim in a manner that admits wrongdoing by Provider or imposes an obligation on Provider without Provider’s written consent. This section does not apply to the extent a claim was caused by Provider’s willful misconduct.
16. Events outside reasonable control
Provider is not liable for delay, interruption, data loss, or failure caused by circumstances outside its reasonable control, including infrastructure or internet failures, natural disasters, war, civil disorder, government action, labor disputes, utility failures, denial-of-service attacks, malware, upstream suspension, or failure of critical third-party services.
17. Governing law and disputes
These Service Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any action arising from the Service must be brought in the state or federal courts located in Michigan, and each party consents to their personal jurisdiction. An applicable Order may identify a more specific exclusive venue within Michigan.
Before filing a formal claim, the parties will attempt in good faith to resolve the dispute through written notice describing the issue and requested resolution. Each party will allow the other at least 30 days to respond before beginning formal proceedings, unless emergency relief is reasonably necessary.
18. General provisions
The Customer Terms, these Service Terms, the applicable Order, the Data Processing Addendum where applicable, the Acceptable Use Policy, and expressly incorporated documentation form the complete agreement concerning the Service.
If there is a conflict, the following order controls:
- A separately signed agreement or amendment.
- The Order.
- The Data Processing Addendum for Customer Personal Data only.
- These Service Terms.
- The Customer Terms.
- The Acceptable Use Policy and expressly incorporated service documentation.
Provider may update these Service Terms prospectively as described in the Customer Terms. Material changes apply beginning with the next renewal after notice and do not retroactively govern an existing dispute.
Sections that by their nature should survive termination—including payment, Customer responsibility, data risk, warranty disclaimers, liability limitations, indemnification, disputes, and general provisions—will survive termination.
Notices concerning cancellation, breach, security incidents, or legal claims must be sent to:
Provider: [email protected] Customer: The billing or administrative email associated with the subscription.
19. Acceptance
By checking the terms-acceptance box and completing checkout, Customer confirms that it has reviewed and agrees to the Customer Terms, these Service Terms, and the applicable Order, and that the person accepting them is authorized to bind Customer.