1. Agreement and service orders
This Hosting Master Agreement (the “Agreement”) applies to each hosting service you order from Denny Systems LLC (“Denny Systems,” “we,” “us,” or “our”). Each proposal, order, invoice, or statement of work describing a hosting plan is a “Service Order.” The Service Order, this Agreement, our Terms of Service, and our Acceptable Use provisions form the hosting agreement. If they conflict, the Service Order controls for commercial and technical details specific to that order, followed by this Agreement and then the Terms of Service.
2. Hosting services
We will provide the hosting resources, management, and related features identified in the Service Order. Plans may include resource limits, traffic allowances, storage limits, software versions, support boundaries, or other technical constraints. We may make reasonable infrastructure or provider changes that do not materially reduce the purchased service. Hosting does not include website design, content updates, application repair, security remediation, domain renewal, email service, or third-party licensing unless expressly included.
3. Term, renewal, and cancellation
The initial term and billing interval appear on the Service Order or invoice. Hosting automatically renews for successive periods equal to the then-current billing interval until canceled. You authorize recurring charges only after the amount or pricing method, frequency, renewal terms, and cancellation method are disclosed to you.
To prevent the next renewal charge, email support@dennysystems.com at least three calendar days before the renewal date. Cancellation normally takes effect at the end of the paid term. Hosting fees for a started billing period are nonrefundable and are not prorated except where required by law or caused by our billing error.
4. Fees and suspension
You will pay hosting fees, taxes, overages, licenses, migration charges, and other amounts stated in the Service Order. Unless stated otherwise, recurring hosting fees are due in advance. We may suspend or restrict service for overdue amounts, material security risk, unlawful activity, resource abuse, or breach of this Agreement. When practical and lawful, we will provide notice and an opportunity to cure. Suspension does not waive amounts due or extend the service term.
5. Your responsibilities
You are responsible for your website, applications, content, code, accounts, users, domain registrations, DNS instructions, licenses, legal notices, privacy compliance, and use of the service. You must keep contact and billing details current, safeguard credentials, use supported software, install or authorize necessary application updates, and promptly report suspected compromise. You represent that your content and use are lawful and do not infringe third-party rights.
6. Customer backups are required
You are solely responsible for maintaining current, complete, independently stored, and tested backups of your websites, databases, content, configuration, email, and other data. Backups must be stored outside the hosting environment and be sufficient for you to restore service without relying on us.
We or an upstream provider may create operational snapshots or backups for disaster-recovery or administrative purposes, but those copies are not a customer backup service, may be incomplete or unavailable, may use limited retention, and are not guaranteed. Unless a Service Order expressly purchases a managed backup service with stated retention and restoration terms, we have no obligation to retain, restore, or provide any copy of your data. You should test restoration procedures regularly.
7. Security and incidents
We use commercially reasonable measures appropriate to the hosting service, but no system is immune from vulnerabilities, attacks, or failure. You remain responsible for application-level security, secure passwords, user permissions, plugins, themes, custom code, and timely remediation unless expressly included in a managed service. We may take emergency action, including isolation or suspension, to protect systems or others. Each party will promptly share information reasonably needed to address a suspected incident.
8. 99.9% monthly uptime commitment
We commit that the hosted service will be available 99.9% of each calendar month (the “Uptime Commitment”). “Unavailable” means the hosted service is unable to serve any external request because of a verified failure within the hosting infrastructure under our reasonable control. Availability is measured using our systems and provider records, which will control absent clear contrary evidence.
The Uptime Commitment excludes: (a) scheduled maintenance announced in advance when practical; (b) emergency maintenance needed to address security, stability, or legal risk; (c) customer content, code, configuration, credentials, DNS, domain, database, traffic spikes beyond plan limits, or customer-requested action; (d) suspension permitted by this Agreement; (e) internet routing, denial-of-service attacks, malicious activity, or failures of third-party or upstream networks, data centers, platforms, registries, certificate authorities, software, utilities, or providers outside our reasonable control; and (f) force majeure events and other circumstances beyond our reasonable control.
9. Service-credit process
If you believe monthly availability fell below 99.9%, you must email support@dennysystems.com within seven calendar days after the suspected downtime. Include the affected domain or service, dates and times, observed symptoms, and any supporting logs or screenshots. You must keep your account current and reasonably cooperate with verification.
For eligible, verified unavailability below the Uptime Commitment, we may issue a credit equal to 5% of the affected service’s monthly recurring hosting fee for each full 60 minutes of eligible unavailability beyond the downtime permitted by 99.9% availability. Total credits for a month will not exceed 100% of that affected monthly recurring hosting fee. For annual plans, the monthly fee is one-twelfth of the annual recurring hosting fee.
We determine eligibility, duration, exclusions, and credit amount in our reasonable discretion after reviewing available evidence. Credits apply to future hosting invoices, have no cash value, may not be transferred, and are your sole and exclusive remedy for downtime, availability, or failure to meet the Uptime Commitment. Failure to submit a complete, timely report waives the credit request to the extent permitted by law.
10. Maintenance
We and our providers may perform scheduled or emergency maintenance. We will use commercially reasonable efforts to minimize disruption and provide advance notice of planned maintenance expected to materially affect service. Maintenance windows and emergency work are excluded from the Uptime Commitment. Maintenance can include upgrades, migrations, patching, repairs, security response, and capacity work.
11. Acceptable use
You may not use hosting for unlawful, infringing, fraudulent, deceptive, abusive, or harmful activity; malware; phishing; unauthorized access; attacks; unsolicited bulk messaging; distribution of stolen data; material that creates unreasonable legal or security risk; or activity that degrades service for others. We may investigate complaints, preserve or disclose information as legally required, remove or disable material, and suspend or terminate service reasonably believed to violate this section.
12. Domains, certificates, and third parties
You are responsible for ensuring domains, certificates, licenses, and third-party services remain registered, paid, and controlled, unless the Service Order expressly assigns a task to us. Upstream and third-party services remain subject to their own terms and availability. We are not liable for their outages, changes, data loss, price increases, expiration, suspension, or discontinuation where outside our reasonable control.
13. Migration and termination assistance
Upon cancellation or termination, you are responsible for arranging migration and retaining your data before service ends. If your account is current and you request assistance before termination, we may provide a standard export or migration assistance at our then-current rates, subject to technical and licensing limits. We do not guarantee that a new provider can use a particular export. After termination, we may delete hosted data at any time, and we have no obligation to retain it unless required by law.
14. Disclaimer
EXCEPT FOR THE EXPRESS UPTIME COMMITMENT AND ANY EXPRESS WARRANTY IN A SERVICE ORDER, HOSTING IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT DATA WILL NOT BE LOST.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DENNY SYSTEMS LLC WILL NOT BE LIABLE FOR LOSS OF BUSINESS, LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO HOSTING, INCLUDING ALL CLAIMS IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE HOSTING FEES YOU ACTUALLY PAID US FOR THE AFFECTED HOSTING SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Service credits count toward this limit. These limits do not apply to liability that cannot lawfully be limited.
16. Indemnity
To the extent permitted by law, you agree to defend and indemnify Denny Systems LLC from third-party claims, damages, and reasonable costs arising from your content, applications, users, unlawful or unauthorized use, infringement of third-party rights, or breach of this Agreement, except to the extent caused by our gross negligence or willful misconduct.
17. General terms
Texas law governs this Agreement. The dispute notice, venue, force majeure, assignment, severability, waiver, and other general provisions in the Terms of Service are incorporated here. This Agreement survives to the extent needed to enforce accrued payment, confidentiality, backup responsibility, disclaimers, limitations, indemnity, and other provisions that by their nature continue.
18. Contact
Service notices, cancellation requests, and uptime credit requests must be sent to support@dennysystems.com. Written correspondence may be sent to Denny Systems LLC, 116 S Main St #1214, Corsicana, TX 75151.