Terms of Service

These Terms of Service (“Terms”) govern access to the CanarHost website and, where applicable, the purchase or use of hosting, infrastructure, domain-related, support, and related services provided by CanarHost Cloud (“CanarHost”, “we”, “us”, “our”).

By accessing the website or using any service, you agree to these Terms. If you do not agree, do not use the website or the services.

1. Provider identity

The provider of the website and services is:

• CanarHost Cloud
• Address: Calle Tomas Cruz 3 of 8, Las Chafiras 38639, Spain
• Contact email: support@canarhost.com

These Terms must be read together with any applicable order form, invoice, service description, support commitment, service level agreement, acceptable use policy, refund policy, privacy policy, data processing addendum, and any specific commercial conditions agreed in writing. In the event of conflict, the more specific service document will prevail over these general Terms for the relevant subject matter.

2. Scope of the website and services

CanarHost provides a public website and may provide, depending on the selected service and commercial agreement:

• shared hosting;
• WordPress hosting;
• VPS or cloud workload hosting;
• domain-related services, including registration, renewal, transfer, DNS, and ancillary workflows;
• migration, onboarding, support, and related operational services.

Service availability, technical limits, support levels, and included features depend on the plan, product page, custom quotation, and any written commercial confirmation.

3. Informational website and contract formation

Unless expressly stated otherwise, the public website is primarily an informational and pre-contract channel. Publication of services, plan names, prices, technical descriptions, or promotional content on the website does not by itself create a binding obligation to provide a service to every visitor.

A binding service contract is formed only when CanarHost accepts an order, request, or commercial proposal through one or more of the following:

• written confirmation by email;
• activation of the relevant service;
• issuance of an invoice and acceptance of payment;
• provisioning of the service in the client area or other operational environment;
• any other clear written confirmation from CanarHost.

CanarHost may reject or decline a request before contract formation, including where there are pricing errors, availability issues, identity or fraud concerns, technical feasibility concerns, sanctions or compliance concerns, unacceptable use risks, or missing information required to provide the service safely.

4. Eligibility and authority

You represent that:

• you have legal capacity to enter into a binding agreement;
• you are at least the age required under applicable law to contract for the relevant services;
• if you act for a company or other organization, you are authorized to bind that entity;
• the information you provide to us is accurate, complete, and kept up to date.

5. Customer responsibilities

You are responsible for:

• providing accurate account, contact, billing, and technical information;
• keeping credentials, API keys, authentication methods, and administrative access secure;
• ensuring that your content, software, applications, domains, databases, and communications are lawful and properly licensed;
• keeping your own systems, CMS installations, plugins, scripts, and customer-side integrations updated unless a managed service expressly places that obligation on CanarHost;
• maintaining your own external backups for business-critical data, even where platform backups are available;
• reviewing service notices, invoices, abuse notices, renewal notices, maintenance notices, and security communications sent by CanarHost;
• using the services in compliance with applicable law, third-party rights, and CanarHost policies.

You remain responsible for the content and activity that occurs under your account or through resources allocated to you, except to the extent caused directly by CanarHost’s own breach of contract or applicable law.

6. Prohibited use

You may not use the website or services for unlawful, fraudulent, abusive, or harmful purposes, including:

• malware, ransomware, phishing, credential theft, or social engineering;
• spam or abusive bulk communications;
• unauthorized access, scanning, intrusion attempts, or security bypass attempts;
• denial-of-service activity, intentional resource exhaustion, or conduct that materially degrades the platform or third-party systems;
• unlawful content, infringing content, or content that violates third-party intellectual property, privacy, or personality rights;
• any use prohibited by the applicable Acceptable Use Policy.

CanarHost may investigate reported or suspected misuse and may take protective action without prior notice where reasonably necessary to protect the platform, customers, third parties, or legal compliance.

7. Technical limits, maintenance, and third-party dependencies

Services are provided subject to technical limits, platform architecture, maintenance windows, upstream dependencies, and third-party systems. Some aspects of the services depend on third-party providers such as datacenter operators, connectivity providers, registrars, registries, software vendors, control panels, payment providers, certificate authorities, or email delivery systems.

CanarHost does not guarantee that third-party systems will be uninterrupted, error-free, or permanently available. Delays, failures, suspensions, or policy changes affecting third-party services may affect the services without creating liability beyond what cannot lawfully be excluded.

We may perform maintenance, upgrades, migrations, patching, emergency mitigations, and security actions that temporarily affect service availability or functionality.

8. Domain names and registry-dependent services

Domain name services are subject not only to these Terms but also to the rules, policies, eligibility requirements, dispute procedures, transfer rules, naming restrictions, and operational decisions of the relevant registrar, registry, and naming authority.

In particular:

• domain availability is never guaranteed until the relevant registration, renewal, transfer, or modification has been accepted and completed by the relevant external authority;
• registry or registrar fees, redemption fees, restore fees, premium domain fees, and policy-driven charges may apply;
• CanarHost is not responsible for loss of a domain caused by inaccurate registrant information, missed transfer approvals, registry-level suspension, court or authority orders, naming-policy breaches, expiry caused by non-payment, or failures attributable to the customer or third-party registry chain;
• WHOIS/privacy or similar masking services are available only where the relevant extension and applicable rules permit them.

9. Prices, taxes, billing, and payment

Unless expressly stated otherwise:

• published prices are in euro;
• prices are stated exclusive of VAT, IGIC, or other applicable taxes, duties, levies, or government charges;
• additional charges may apply for optional services, migrations, overages, restoration work, domain-related actions, emergency work, or custom support outside standard scope;
• obvious typographical, technical, or pricing errors may be corrected before or after submission of a request, and may be grounds for rejecting or cancelling the affected order before provisioning.

You must pay invoices when due using an approved payment method. Failure to pay on time may result in reminders, suspension, cancellation, refusal of renewal, restriction of support, late-payment measures where lawful, or recovery action.

10. Renewals, changes, and cancellation

Recurring services may renew periodically unless cancelled in accordance with the applicable commercial or operational process before the relevant renewal date.

You are responsible for cancelling services before renewal if you do not wish them to continue. Requesting cancellation after a renewal has already been processed may not reverse the charge unless required by law or expressly approved by CanarHost.

CanarHost may change prices, features, commercial conditions, or service packaging for future periods. Where required by law or contract, notice will be provided before the change takes effect for the next billing or renewal cycle.

11. Consumer rights and distance contracting

If a service is contracted by a consumer or user subject to Spanish or EU consumer law, the mandatory rights granted by that legislation will apply and prevail over any conflicting clause in these Terms.

Where distance-contracting rules apply, CanarHost will provide the legally required pre-contract information before the consumer becomes bound. Any right of withdrawal will be governed by applicable law and the specific contract context.

In particular, some services may fall within legal exceptions to withdrawal rights, including where:

• the service has been fully performed after prior express consent and acknowledgment of the consequent loss of the withdrawal right, where the law so permits;
• the service has begun at the consumer’s request before the end of the withdrawal period, in which case proportionate payment may be due where permitted by law;
• domain-related or other third-party submission fees have already been irreversibly incurred;
• the nature of the service or its method of activation places it within another applicable statutory exception.

Nothing in these Terms excludes or limits any non-waivable consumer right.

12. Suspension, restriction, and termination

CanarHost may suspend, restrict, isolate, rate-limit, disable, or terminate access to the website or services immediately, with or without prior notice depending on the circumstances, where reasonably necessary due to:

• non-payment or payment risk;
• suspected fraud or identity concerns;
• breach of these Terms, the Acceptable Use Policy, or other binding service terms;
• urgent security, abuse, malware, or incident response needs;
• legal or regulatory obligations;
• court orders, authority requests, or sanctions compliance;
• risk to platform stability, other customers, or third-party networks;
• expiration or non-renewal of a service.

Where reasonably practicable and legally appropriate, CanarHost will provide notice and an opportunity to remedy before permanent termination. Immediate action may be taken without prior notice where delay would create legal, technical, or security risk.

Termination or suspension does not extinguish accrued payment obligations, liability for prior breaches, or any clause intended to survive termination.

13. Backups, retention after termination, and deletion

Unless expressly agreed otherwise, you are responsible for maintaining your own independent backups of all business-critical content and data.

Platform backups, snapshots, or restore tools are convenience and resilience measures, not a guarantee that any particular data version will always be available, recoverable, complete, or retained for any specific period.

After service termination, expiry, suspension, or cancellation, CanarHost may delete or make inaccessible data, configurations, backups, or account material in accordance with its operational retention periods, legal obligations, and internal procedures. If you need data migration or export assistance, it should be requested before the relevant deletion or expiration point.

14. Intellectual property

All intellectual property rights in the CanarHost website, brand elements, layout, text, graphics, code, documentation, and service materials belong to CanarHost or its licensors, except for third-party materials and customer content.

Subject to these Terms, CanarHost grants you a limited, non-exclusive, non-transferable, revocable right to access and use the website and services for their intended lawful purpose.

You retain rights in content lawfully provided by you, but you grant CanarHost the rights reasonably necessary to host, store, process, transmit, back up, display, and otherwise use that content solely to provide, secure, support, and administer the services and to comply with law.

15. Monitoring, security, and compliance actions

To protect the platform and meet legal obligations, CanarHost may monitor service health, traffic patterns, abuse indicators, security events, and operational signals. This may include automated and manual review proportionate to the nature of the risk.

CanarHost may remove, block, quarantine, disable, preserve, or disclose relevant material where reasonably necessary to:

• investigate abuse or security incidents;
• comply with law, regulation, authority requests, or court orders;
• protect rights, safety, systems, or evidence;
• enforce these Terms or related policies.

16. Availability and service levels

Any uptime targets, response targets, service credits, or maintenance practices are governed by the applicable SLA or service-specific document, not by a generalized interpretation of marketing statements on the website.

Unless expressly stated in a binding service document, the website and services are provided on an “as available” and “as is” basis, subject to maintenance, incidents, third-party dependencies, Internet conditions, and the inherent limitations of distributed systems and hosting infrastructure.

17. Warranties disclaimer

To the maximum extent permitted by law, and except as expressly stated in a binding written service commitment, CanarHost disclaims implied warranties, representations, or conditions relating to merchantability, fitness for a particular purpose, uninterrupted availability, error-free operation, or suitability for a customer’s specific regulatory, commercial, or technical use case.

Nothing in these Terms excludes any warranty or guarantee that cannot lawfully be excluded, especially in relation to consumers.

18. Limitation of liability

To the maximum extent permitted by law:

• CanarHost will not be liable for indirect, incidental, special, punitive, exemplary, or consequential losses, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, or loss of data, except where such exclusion is not legally permitted;
• CanarHost will not be liable for loss or damage caused by customer misconfiguration, insecure credentials, unsupported software, failure to maintain backups, third-party systems, registrar or registry action, force majeure, Internet failures, or events outside CanarHost’s reasonable control;
• for business customers, CanarHost’s aggregate liability arising out of or in connection with the relevant service relationship will not exceed the total amount actually paid by the customer to CanarHost for the affected service during the twelve months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence where such exclusion is prohibited, or any other liability that cannot lawfully be excluded or limited under applicable law.

19. Indemnity for business customers

If you use the services in the course of a business, profession, or trade, you agree to indemnify and hold harmless CanarHost, its officers, staff, contractors, and affiliates against reasonably foreseeable losses, liabilities, costs, and expenses arising from:

• your unlawful or abusive use of the services;
• your breach of these Terms or applicable law;
• claims that your content, domains, software, or activities infringe third-party rights;
• security incidents, complaints, investigations, or enforcement actions materially caused by your systems, content, instructions, or misuse.

This clause does not apply to the extent the relevant loss was caused by CanarHost’s own breach, negligence, or misconduct.

20. Data protection

CanarHost processes personal data in accordance with the applicable Privacy Policy and, where relevant, any data processing addendum or customer contract.

Where CanarHost acts as processor for customer personal data, the customer remains responsible for having an appropriate legal basis, notices, instructions, and security governance for its own hosted processing activities.

21. Changes to the services or the Terms

CanarHost may modify these Terms, the services, service features, technical architecture, support processes, or documentation for legal, regulatory, technical, security, or business reasons.

The version published on the website will show its effective date. Material changes to existing contractual customers will, where required, be communicated through an appropriate channel before they take effect.

22. Governing law and jurisdiction

These Terms are governed by the laws of Spain.

If you contract as a consumer, you will retain any mandatory protection granted by the consumer law rules that apply to you, including any mandatory rights as to competent courts.

If you contract in a business capacity and no mandatory rule provides otherwise, the courts of Santa Cruz de Tenerife, Spain will have exclusive jurisdiction over disputes arising out of or in connection with these Terms or the services.

23. Severability, no waiver, and assignment

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

Failure by CanarHost to enforce any provision is not a waiver of that provision or of any other right.

You may not assign or transfer your rights or obligations under these Terms without CanarHost’s prior written consent. CanarHost may assign or transfer its rights and obligations as part of a restructuring, financing, merger, sale of assets, or other corporate transaction, provided this does not reduce any mandatory rights that cannot lawfully be removed.