These Terms of Service ("Terms") form a binding agreement between you ("Customer," "you") and Andrews Development LLC, a South Carolina limited liability company doing business as ServerBorn ("ServerBorn," "we," "us"). By signing up for an account, purchasing a plan, or using any part of the ServerBorn services, you agree to these Terms.
Section 01Agreement to Terms
By creating an account, ordering a service, or accessing the panel at panel.serverborn.com, you confirm that you have read these Terms, our Privacy Policy, our Acceptable Use Policy, our Service Level Agreement, and our Refund Policy, and you agree to be bound by all of them. Together these documents are the "Agreement."
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "you" and "Customer" refer to that entity.
Section 02Eligibility and Account
You must be at least 18 years old and capable of entering a binding contract under the laws of your jurisdiction to use ServerBorn. You may not use the service if you are barred from receiving services under U.S. law or the law of any other applicable jurisdiction.
You are responsible for keeping your account credentials confidential, for all activity that occurs under your account, and for promptly notifying us of any suspected unauthorized access. Account credentials may not be shared with any third party except authorized personnel acting on your behalf.
Section 03Services Provided
ServerBorn provides managed WordPress and general-purpose web hosting on infrastructure operated by us, fronted by the Cloudflare global network. The specific features included in your subscription depend on the plan you select and are described on the pricing page and in the panel at sign-up.
We may make commercially reasonable changes to the underlying hardware, software stack, and network configuration at any time, provided the changes do not materially reduce the functionality of your plan. Where a change does materially reduce functionality, we will provide prior notice and, where reasonable, a comparable replacement or refund.
Section 04Fees, Billing, and Renewal
You agree to pay all fees for the services you order, in the currency listed at checkout, in advance of each billing period. Fees are non-refundable except as expressly set out in our Refund Policy.
Unless you cancel before the end of a billing period, your subscription will automatically renew at the then-current rate for the same billing cycle. You can disable auto-renewal at any time from the panel; the change takes effect at the next renewal.
We may change our prices at any time. Price changes apply to your next renewal and we will provide at least 30 days notice before they take effect. If you do not want to accept a price change, you may cancel before the renewal date.
Late payments may result in service suspension and, after a reasonable grace period, account termination and deletion of data.
Section 05Cancellation and Refunds
You may cancel your subscription at any time from the panel or by contacting support. Cancellation stops future renewals; it does not retroactively refund the current billing period unless our Refund Policy applies (for example, the 14-day money-back guarantee on a new subscription).
Section 06Acceptable Use
Your use of the services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations of the AUP can result in suspension or termination of your account, with or without refund, depending on the severity and the harm caused.
Section 07Customer Content and Backups
You retain ownership of the data, sites, code, and other content you place on our infrastructure ("Customer Content"). You grant us a limited, non-exclusive license to host, copy, transmit, and process Customer Content only to the extent reasonably necessary to provide the services.
We maintain encrypted, off-site backups of customer sites with a 30-day rolling retention by default. Backups are a courtesy and a disaster-recovery tool. You remain solely responsible for maintaining your own copies of any Customer Content you cannot afford to lose, and we are not liable for any data loss except to the extent caused by our gross negligence or willful misconduct.
Section 08Suspension and Termination
We may suspend or terminate your account, in whole or in part, if (a) you breach the Agreement, (b) we reasonably believe your use is harming our network, our other customers, or third parties, (c) we are required to do so by law or by a binding legal order, or (d) your account remains unpaid past the grace period.
Where practical we will provide notice and an opportunity to cure. For urgent issues, such as ongoing abuse or active legal demands, we may suspend service immediately and notify you afterward.
On termination by either party for any reason, your right to use the services ends. We will, on request and at our reasonable discretion, provide an export of Customer Content for up to 30 days after termination. After that period, all Customer Content may be irretrievably deleted.
Section 09Third-Party Services
The services rely on third-party infrastructure providers, including but not limited to Cloudflare, Inc. (edge network, DDoS protection, DNS), our upstream payment processor, and our object-storage provider for off-site backups. Your use of these third-party services through us is subject to their own terms and privacy policies, and we are not responsible for outages, defects, or data handling by those third parties beyond our reasonable control.
Section 10Service Availability and SLA
We commit to the uptime targets, exclusions, and service-credit remedies described in our Service Level Agreement. Service credits are your sole and exclusive remedy for any failure of the services to meet the SLA.
Section 11Warranties and Disclaimers
Except as expressly stated in these Terms or the SLA, the services are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the services will be uninterrupted, error-free, or completely secure, or that any specific result will be achieved.
Section 12Limitation of Liability
To the maximum extent permitted by applicable law, in no event will ServerBorn, its officers, members, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation lost profits, lost revenue, lost data, business interruption, or cost of substitute services, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Agreement, whether in contract, tort, or otherwise, will not exceed the greater of (a) the amount you paid us for the services in the three months immediately preceding the claim, or (b) one hundred U.S. dollars (US $100). Multiple claims do not enlarge this limit.
Section 13Indemnification
You will defend, indemnify, and hold harmless ServerBorn, Andrews Development LLC, and its officers, members, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to (a) your Customer Content, (b) your use of the services in violation of the Agreement or applicable law, or (c) your infringement of any third-party right.
Section 14Modifications to the Services and Terms
We may modify these Terms from time to time. When we make a material change we will post the updated Terms at this URL and update the "Last updated" date. For material changes, we will also make a reasonable effort to notify you by email or through the panel at least 30 days before the change takes effect. Your continued use of the services after the effective date constitutes acceptance of the modified Terms. If you do not accept the changes, your remedy is to cancel before they take effect.
Section 15Governing Law and Disputes
The Agreement is governed by the laws of the State of South Carolina, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to the Agreement will be resolved exclusively in the state or federal courts located in South Carolina, and you and we consent to personal jurisdiction and venue there.
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information, without first complying with any informal dispute-resolution steps.
Section 16Miscellaneous
Entire agreement. The Agreement is the entire understanding between you and us regarding the services, and supersedes any prior agreements on the same subject.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
No waiver. Failure to enforce a provision is not a waiver of that or any other provision.
Assignment. You may not assign the Agreement without our prior written consent. We may assign it in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Force majeure. Neither party is liable for delay or failure to perform due to causes outside its reasonable control, including acts of God, war, terrorism, riot, embargo, fire, flood, accident, strike, or upstream network failure.
Notices. We may give you notice by email or through the panel. You may give us notice at the contact address below.
Section 17Contact
Questions about these Terms can be sent through our contact page or by email to support@serverborn.com. Legal notices should be addressed to:
Andrews Development LLC
Attn: Legal, ServerBorn
South Carolina, USA