Website Hosting Agreement
Version 1.0. Effective January 1, 2026.
These terms and conditions apply if you purchase or otherwise obtain website hosting services from Cuspar GmbH (“Cuspar”). This Website Hosting Agreement ("Agreement") sets forth the terms and conditions of your use of website hosting and related services including transfers, modifications, and management ("Services"). Cuspar provides Services via your web tech (YWT). YWT is the online platform operated by Cuspar GmbH for the purchase, configuration, and management of hosting services.
In this agreement, the terms “Cuspar” “we,” “us,” or “our” shall refer to Cuspar GmbH. The terms “you,” “your,” or “Customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services.
1. Effectiveness of this Agreement
By using our Services, you agree to all terms and conditions of this Agreement.
This Agreement becomes effective when the term of your Services begins with Cuspar and will remain in force until the Services remain active with Cuspar. Cuspar may elect to accept or reject the Services application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for prohibited Services.
The term of this Agreement shall continue in full force and effect as long as you have any website hosted through Cuspar or as long as you are employing any Services from Cuspar.
2. Change of Agreement
This Agreement will change over time in response to changes in the requirements of governments and administrative bodies, legislation and changes in the nature of industry. If, as a result of such a change to this Agreement, you no longer agree with its term, you shall cancel the Services you purchase by yourself or ask Cuspar to cancel the Services. Should you elect to cancel the Agreement with Cuspar, you will not receive a refund for any fees you may have paid to Cuspar. Your continued use of the Services following a change in this Agreement and/or the Services indicates your consent to the changes. You agree to review this Agreement periodically to make you aware of any revisions.
3. Your rights and responsibilities
You must create an account to use our Services ("Account"). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your account by you or any third party. You must provide accurate registration data and update it within (7) calendar days of any change.
You represent that you own or have the rights to all content hosted on our servers. You grant Cuspar a non-exclusive, royalty-free licence to use and copy this content solely to fulfill our hosting obligations.
You agree not to use the Services provided by Cuspar, or to allow or enable others, to use the Services provided by Cuspar for illegal or improper purposes. Cuspar reserves the right to suspend and/or cancel our hosting Services to your website and the account as a consequence of engaging in activity contrary to applicable law and any related procedures, while fees you paid will not be refunded.
If you collect or store sensitive health or financial information via your website hosted by Cuspar, you agree to comply with all applicable laws governing such services, including implementing any required security measures for that sector.
We do not verify whether the content of your website infringes upon the legal rights of any third party. It is solely your responsibility to ensure that your website does not violate any legal rights. You are responsible for providing accurate and up-to-date contact information in your account and for communicating directly with litigants, potential litigants, and governmental authorities. We are not responsible for ensuring you receive third‑party legal notices. We will comply with any court order unless you notify us upon your entering an objection procedure or having legal grounds to refuse such court order.
If we are sued or threatened with a lawsuit, an administrative proceeding or any other legal or administrative proceeding in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs).
4. Our Services, Fees and Payments
Cuspar provides different website hosting services on the YWT website, which may include:
- Static Hosting: Serves pre-built HTML, CSS, and JavaScript files and associated resources.
- Hosting Backup: Backups your website files to ensure you can restore your website in case of data loss.
Cuspar uses commercially reasonable efforts to provide access to our Services 24/7, excluding scheduled maintenance. Despite various measures we take to offer smooth hosting services, interruptions or downtime can still occur. While Cuspar may provide backups for your website, backups provided by Cuspar are not guaranteed and may not be complete or recent. You are solely responsible for maintaining independent archival and backup copies of your website and content. Our servers are not intended for archiving purposes. We may contact you if the data you store on our server affect the performance of our Services.
Cuspar’s current fee structure is available on the YWT website. Cuspar reserves the right to change or modify its prices and fees at any time. Such changes and modifications are posted online on the YWT website and are effective immediately without need for further notification to you. If you have purchased the Service(s) for a period, such as for one year, changes or modifications in prices and fees shall be effective when the Service(s) in question come up for renewal. Our current payment method is credit card.
At the purchase and renewal of our Services that you select, you agree to pay prior to the effectiveness of the Services, the applicable fees. Paid fees are non-refundable, in whole or in part, even if your website is suspended, cancelled or transferred prior to the end of your then current subscription term, unless this Agreement specifically provides for a refund.
If Cuspar is unable to charge your chosen payment method for the full amount owed for the Services provided, or if Cuspar is charged a penalty for any fee previously charged to your payment method, you agree that Cuspar may pursue all available lawful remedies in order to obtain payment.
You agree that the remedies Cuspar may pursue in order to effect payment include, but not be limited to, suspension of Services, cancellation of website hosting through our Services, and/or suspension of access to any and all accounts you have with us; and that all rights to and interest in and use of any website hosting services, including all data hosted on our systems will be suspended or blocked until outstanding payments are resolved. Your rights to and control over these Services shall be reinstated at our discretion and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at 150 CHF (Swiss Franc).
If a chargeback occurs from your credit card company or a similar action by another approved payment provider related to your payment for any Services, you agree that Cuspar may suspend your access to all accounts you hold with us and/or your primary service provider. In such cases, all rights, interests, and usage of any domain name registrations, website hosting, and/or email services, including all data hosted on our systems, will be suspended or blocked until outstanding payments are resolved. Your rights to and control over these Services shall be reinstated at our discretion and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at 150 CHF (Swiss Franc).
Should Cuspar perform outside the normal scope of its Services, and/or additional time and/or costs is incurred in providing the Services, and/or you conduct noncompliance with this Agreement, Cuspar reserves the right to charge you reasonable “administrative fees” or “processing fees”. Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a payment method processor, and disputes that require accounting or legal services.
To ensure the functionality of your website, you agree that our Services are renewed automatically, unless you disable the renewal or automatic renewal is not available for your payment method. The automatic renewal is made on every one year and the fees will be deducted from your payment method that you choose upon the purchase of the Services. The fees deducted are based on the current pricing and might be higher or lower than the fees for the original service period.
If you elect to cancel the automatic renewal, our Services will terminate upon the expiration of the then current term, unless you manually renew the Services at least seven (7) days before the expiration date. If you fail to manually renew the Services on time, you may experience interruptions or loss of the Services, and Cuspar shall not be liable to you or any third party regarding the same.
Unless required by applicable laws, Cuspar does not retain hard copies the automatic renewal of our Services to you and therefore is unable to provide such documentation upon request. You can access your invoices and renewal receipts in your YWT account. You may view or change your automatic renewal settings in your YWT account.
5. Termination of service(s) and reinstatement fees
You can cancel your subscription on your Account. All paid fees are not refundable upon such cancellation. You are responsible for moving your content off Cuspar’s servers. Cuspar is not obligated to return data after the termination or cancellation of our Services to you and may delete all your content. If you want to cancel your Account, you must first delete all your website(s) hosted via our Services.
You agree that we reserve the right to terminate or suspend all Services provided through your account if you breach this Agreement. No fee refund will be made in this case.
You agree that your failure to comply completely with the terms and conditions of this Agreement and any Cuspar rule or policy may be considered by Cuspar to be a material breach of this Agreement.
You acknowledge and agree that Cuspar may impose fees for reinstating website hosting, including reinstatement following expiration or suspension. To process any reinstatement request initiated by you, you agree to pay all applicable registry fees as well as any reasonable fees charged by Cuspar. Please note that not all registries disclose their reinstatement fees in their agreements or terms of service; however, you remain responsible for paying such fees as determined by the registry at its sole discretion. You further acknowledge that Cuspar has no control over the fees set by any registry.
6. Limitation of liability
Cuspar will always do our best to provide reliable services to our customers, but some things are beyond our control. By using our Services, you agree that we are not liable for (1) service interruptions or downtime, (2) delays or problems accessing our website or your website, (3) issues caused by events beyond our control, (4) data errors such as loss, corruption, or delays, (5) unauthorized use of your account and/or passwords, (6) processing your website hosting or applying dispute policies. You also agree that we are not liable for indirect or special damages (including lost profits) regardless of the causes and reasons. Our total liability shall in no event exceed the total amount you paid for the hosting services of your website during the last 12 months. Nothing in this Agreement limits liability for gross negligence or intentional misconduct.
7. Disclaimer of warranties
By using our services, you confirm that your website does not infringe on any third party’s rights and that all information you provide to us is accurate. All services are provided to you “as is” and with all faults. We do not make guarantees about our services or offer warranties such as fitness for a particular purpose or merchantability, unless such guarantees or warranties are not legally excludable. We also make no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunize you from disputes, suspension, cancellation, or transfer of your domain.
8. General
This Agreement together with our Terms of Service, Privacy Policy, Domain Name Registration Agreement, constitutes the understanding and agreement between you and Cuspar regarding your use and access to our website hosting services. This Agreement is written in English. Should this Agreement be provided in other languages, the English language version prevails. This Agreement is governed by Swiss substantive law. The exclusive place of jurisdiction is the courts of the Canton of Zurich, Switzerland.
9. Waiver
The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
11. Contact
If you have any questions about this, contact us at: support@ywt.ch, or Cuspar GmbH, Bachtobelstrasse 38, 8123 Ebmatingen, Switzerland. We aim to respond to all requests and inquiries as soon as possible.
