Terms of service

1. Agreement and definitions

Rogue Wave Hosting LLC is a limited liability company organized in the State of Texas, United States. These Terms of Service ("Terms") form a binding contract between you and Rogue Wave Hosting LLC. They cover our website at roguewavehosting.com, our client area, our control panels, and every product you buy from us.

You accept these Terms when you register an account, submit an order, or use any service. If you do not accept them, do not use our services.

Related policies

The following policies are part of these Terms:

• Service Level Agreement
• Refund Policy
• Fair Use Policy
• Acceptable Use and Abuse Policy
• Privacy Policy

If a policy covers a topic in more detail, that policy governs the topic. A signed written contract between you and us overrides both these Terms and the policies.

Definitions

• "You," "your," or "Client" means the individual or organization that holds an account or uses our services.
• "We," "us," "our," or "Rogue Wave" means Rogue Wave Hosting LLC.
• "Service" means any product we provide, including virtual private servers (VPS).
• "Parties" means you and us together.

Singular terms include the plural, and the reverse.

2. Accounts

Eligibility

You must be 18 or older and able to sign a legally binding contract. If you order for a business or organization, you confirm you have authority to bind it to these Terms.

Account information

Keep your account details truthful and up to date, including your legal name, billing address, phone number, and an email inbox you check. We may suspend or close accounts that contain false, missing, or intentionally hidden information.

Before provisioning, we may request verification of your identity, payment method, or planned use. We may refuse any order for any lawful reason.

Security

You are responsible for your login credentials and for everything done under your account, including by people you grant access. Use a unique password and turn on two-factor authentication where available. Contact us right away if you suspect unauthorized access.

Rogue Wave staff will never ask for your account password.

Multiple accounts

You may hold more than one account, but not to:

• Reuse a one-per-customer promotion
• Commit fraud
• Get around a suspension, closure, or ban
• Earn affiliate commission on your own purchases

We may close accounts that break this rule. Details such as name, address, and phone number must match across your accounts. If they cannot, get written approval from us before opening another account.

3. Services

Support scope

VPS services are unmanaged unless the product page says "managed." We maintain the hardware, network, and virtualization layer. You maintain everything inside your VPS: operating system, software, configuration, security updates, and data.

We will offer guidance when we can, but we do not administer customer environments or fix issues caused inside them.

Hardware specifications

We aim to deliver the exact hardware listed for each plan. If a listed component is unavailable, we may supply an equal or faster part from the same product family. We will not swap across product families, for example consumer desktop CPUs for server CPUs. We may revert a substitution at any time.

IP addresses

IP addresses are assigned to you only while your service is active. They remain owned by Rogue Wave or our upstream provider, and you gain no rights in them.

We may ask you to describe how you use your addresses so we can justify them to a registry or upstream. We may renumber a service when required, with notice where practical. Extra IP addresses depend on availability.

Geolocation

Third-party databases decide how our IP ranges geolocate, and we do not control them. We cannot promise any address will appear in a specific country or city. Ask us before ordering if you depend on region-locked content. A geolocation mismatch alone does not create a refund right beyond our Refund Policy.

Outbound email

Outbound SMTP (port 25) is blocked by default on all services. Use a third-party mail relay or authenticated submission on port 587 instead.

To request an unblock, open a ticket with your project link, the reason you need it, and sample messages. Approval is at our discretion. If we find spam or abusive mail after an unblock, we will re-block it and refuse future requests on all your services.

Where outbound mail is permitted, it is subject to per-plan hourly sending limits. Bulk or unsolicited mail is prohibited, and we may suspend mail sending on any account that harms our IP reputation.

Maintenance

We perform routine maintenance on hardware and network. We try to schedule disruptive work off-peak and announce it by email or on our status page. Emergency work to protect security or stability may happen without notice. Scheduled maintenance does not count as downtime under our SLA.

Service transfers

Moving a service to another client account costs a $5 USD admin fee. Selling or transferring services or accounts without our written permission may lead to closure of the account and its services.

Resource usage

Use computing, storage, network, and other infrastructure resources in line with our Fair Use Policy.

Resources advertised as dedicated may be used up to the allocated amount, subject to the technical, security, and network protections needed to maintain the stability and integrity of the platform.

4. Billing and payment

Renewals

Services are recurring subscriptions and renew automatically each billing cycle until cancelled. We generate invoices about 7 days before the due date. If you have a saved payment method or billing agreement, you authorize us to charge it for each invoice when due.

Late payment

We may hold a service longer at our discretion, but do not rely on it. Terminated data generally cannot be recovered.

Pricing and taxes

Prices are in US dollars unless shown otherwise and exclude applicable sales tax, VAT, GST, or similar taxes, which we add where required. You pay any fees your bank or payment processor charges.

We may change a service's price. We will notify you before the new price applies to a renewal, and you may cancel before then. Promotional prices last only for the stated promotional period.

Disputes and chargebacks

If you think a charge is wrong, open a ticket first and we will review it. Filing a chargeback without contacting us may cause immediate suspension or termination of all services on your account and loss of SLA credit eligibility. Before restoring service or accepting new orders, we may require payment of any balance plus our processor's dispute fee.

5. Cancellations and refunds

Submit cancellation requests through the client area before the service's due date. Late requests may result in your saved payment method being charged, the invoice staying open, or both.

New services qualify for a 7-day money-back guarantee. Eligibility, exclusions, how to request a refund, and how account credit works after that window are set out in our Refund Policy.

6. Acceptable use

Our Acceptable Use and Abuse Policy lists prohibited activities, activities that need our prior written approval, and how quickly you must respond to abuse reports. It applies to every service.

You must follow US law and the law of the country where your server is located. You are responsible for anyone you let use your service, including your own customers if you resell.

Sanctions and export control

You may not use our services if you are located in, ordinarily reside in, or are organized under the laws of a country or region under comprehensive US sanctions. The same applies if you appear on a US government restricted or denied party list. You must not provide our services to such persons or use them in breach of export control laws.

7. Shared resources and abuse reports

Many services run on shared infrastructure. Shared resources, including network capacity, storage I/O, control-plane resources, and other shared systems, must not be used in a way that materially degrades service for other customers. If your usage does, we may throttle, limit, or pause the affected service until the issue is resolved. We will contact you where practical before taking action, but may act first when the network is at risk.

When we receive an abuse report about your service, we will forward it to you. You must respond within 24 hours, or sooner if the report involves active attacks, malware, or illegal content. Failure to respond may result in suspension.

8. Data and backups

We store your service files on our infrastructure to operate the service. Services do not include backups unless the product page says otherwise.

You are solely responsible for keeping your own backups of any data you cannot afford to lose, stored outside the service it came from. We are not liable for data loss.

You may ask support to delete your files at any time. Our Privacy Policy explains how we handle personal information and requests from law enforcement.

9. Uptime

Our Service Level Agreement defines the uptime we commit to, which outages qualify for credit, and how to claim it. SLA credits are your only remedy for downtime or unavailability.

10. Suspension and termination

We may suspend or terminate a service, or close an account, to protect our infrastructure, network reputation, other customers, or the company. Grounds include non-payment, breach of these Terms or any related policy, suspected fraud, chargebacks, and legal obligations.

We may also end service for any other reason. In that case we will usually give 30 days' notice, unless the reason is a breach, non-payment, or a legal requirement.

You may cancel at any time through the client area as described in Section 5.

After termination

Terminated services are wiped and cannot generally be restored. Copy anything you need before cancellation takes effect. Unpaid amounts remain due, and your rights under the Refund Policy are unaffected.

11. Warranties, liability, and indemnity

No warranties

Services are provided "as is" and "as available." To the maximum extent the law allows, we disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not promise that any service will be uninterrupted, error-free, fully secure, free of data loss, or suited to your needs. Nothing our staff says or writes creates a warranty not stated in these Terms.

Limitation of liability

To the maximum extent the law allows, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages. This includes lost profits, revenue, business, goodwill, or data, on any legal theory, even if warned of the possibility.

Our total liability for all claims relating to these Terms or the services is capped at the fees you paid for the affected service in the 3 months before the event giving rise to the claim. These limits do not apply where the law forbids them and do not reduce what you owe us.

Indemnification

You will defend, indemnify, and hold harmless Rogue Wave Hosting LLC and its officers, employees, and suppliers against claims, losses, liabilities, and costs, including reasonable attorney fees. This covers anything arising from your use of the services, your content, your breach of these Terms or any related policy, your violation of law, or your infringement of third-party rights.

Force majeure

Neither party is liable for delay or failure caused by events outside its reasonable control. Examples include natural disasters, fire, flood, war, unrest, terrorism, labor actions, government orders, pandemics, upstream carrier or datacenter failures, large-scale attacks, and regional power or internet outages. Payment obligations already owed are not excused.

12. General terms

Governing law. The laws of the State of Texas, United States, govern these Terms, without regard to conflict-of-law rules. The state and federal courts in [COUNTY] County, Texas have exclusive jurisdiction, and both parties consent to that venue. The UN Convention on Contracts for the International Sale of Goods does not apply.

Notices. We send notices to your account email, and they count as received on the day sent. Keep that address current. Reach us through the client area or at legal@roguewavehosting.com for legal matters, addressed to Rogue Wave Hosting LLC.

Assignment. You may not assign these Terms without our written consent. Service transfers follow Section 3. We may assign these Terms as part of a merger, acquisition, or sale of substantially all our assets.

Severability. If a court finds any provision unenforceable, it is narrowed or removed only as far as needed, and the rest stays in effect.

No waiver. Not enforcing a provision does not waive our right to enforce it later.

Relationship. These Terms create no partnership, joint venture, agency, or employment relationship.

Entire agreement. These Terms and the related policies are the complete agreement between you and Rogue Wave Hosting LLC about the services and replace any earlier understanding.

Survival. Payment obligations, acceptable use, effects of termination, warranty disclaimers, liability limits, indemnification, and this section survive account closure.

Website

Our site uses cookies to keep you signed in and remember preferences, as described in our Privacy Policy. You may link to our site, but you may not frame it or use our name or logo to imply an endorsement. We are not responsible for third-party sites we link to.

Changes to these Terms

We may update these Terms at any time and will email notice of material changes. Continuing to use our services after an update takes effect means you accept the revised Terms.