Terms of Service

Last updated: November 13th, 2026

These Terms of Service (the “Terms”) are a binding agreement between Shiloh, LLC, which operates Last Hour Hosting (“Last Hour Hosting,” “we,” “us,” or “our”), and you, the person or organization using our services (“you” or “Customer”). They cover every service we sell through lasthourhosting.org and my.lasthourhosting.org.

Plain-language summary

This summary is for convenience only. The numbered sections below are the actual agreement, and where the summary and the sections differ, the sections control.

• Month-to-month plans: cancel any time and service ends at the close of the current month. Annual plans: cancel any time and service ends at the end of the term. No early-termination fee.
• First purchase of a hosting subscription: 30 days to change your mind for a full refund (section 8). Domains, setup, and professional services are excluded.
• We will never bill you an overage. If you outgrow your plan we contact you; we do not auto-charge.
• If we miss our network uptime target, we credit your account automatically. You do not need to open a ticket.
• You own your content. We only use it to run your service and back it up, not to market ourselves.
• We do not run analytics, advertising cookies, or data brokers on this website. We do log the minimum needed to run and secure your account, and our Privacy Policy says exactly what and for how long.
• Most disputes go to individual arbitration under AAA consumer rules. We pay the arbitration fees. You can opt out by email within 30 days (section 29).

Definitions

These words have the same meaning everywhere in this agreement, the plain-language summary, and the policies listed in section 2:

• “Services” means every product and service we sell or provide through lasthourhosting.org, my.lasthourhosting.org, or a signed order: website and application hosting, email hosting, virtual servers, serverless functions, domains and DNS, uptime monitoring, managed applications, backups, migrations, professional services, and any support we give you. Where the context names one product, “Service” means that product.
• “you” and “Customer” mean the person or organization that accepts this agreement, together with that organization.
• “we,” “us,” and “our” mean Shiloh, LLC, doing business as Last Hour Hosting.
• “Your Content” means everything you upload, publish, or store through the Services, including your sites, databases, mail, files, and your own customers' data. It is defined in section 13.
• “plan page” means the page on our website that describes the product or plan you bought, as it read at the time you ordered.
• “the policies” means the documents listed in section 2.

Headings and the plain-language summary are for navigation only. “Including” means “including but not limited to.” A reference to a statute includes its amendments and any successor provision.

1. Eligibility and legal capacity

You must be old enough to form a binding contract where you live, and in any event at least 18 years old, to use the Services. You must not be barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. If you accept these Terms for a company or other organization, you confirm that you have authority to bind it, and you and that organization are both responsible for this agreement.

2. Accepting these Terms

You accept these Terms by creating an account, placing an order, or using the Services. If you do not accept them, do not use the Services. The following documents form part of this agreement:

• Privacy Policy: what we collect about you and why.
• GDPR Privacy Notice: for people in the EEA and UK.
• US State Privacy Notice: California and other US state rights.
• Cookie Policy: every cookie either of our systems sets, and the ones we do not.
• Acceptable Use Policy: what you may not do with the Services.
• Anti-Spam Policy: what counts as spam and what bulk senders must do.
• Fair Use Bandwidth Policy: the 1 TB soft threshold and why we never bill overage.
• Domain Registration Agreement: registrant duties, renewal, redemption, transfers and domain disputes.
• Copyright and DMCA Policy: takedown and counter-notice.
• Service Level Agreement: our uptime commitment and credits.
• Referral Program Terms: how referral commissions are earned, paid, and reversed.
• Marketplace Terms: who is responsible for an app you install.
• Professional Services Terms: design, SEO, bookkeeping, IT and development work.
• Data Processing Addendum: for business customers who send us personal data.
• Subprocessor List: every third party that processes personal data for us.

We record the version of these Terms you accepted, together with the date, time, IP address, and browser you used, in your account. When we make a material change we tell you in advance and, where required, ask you to accept the new version before you can continue using the Services.

3. Changes to these Terms and to the Services

Changes to these Terms. We may change these Terms. We post the new version here, update the date at the top, and email account holders at least 30 days before a material change takes effect. If you do not agree to a material change, you may cancel before it takes effect and we will refund any prepaid fees for the unused remainder of your term. If you keep using the Services after the change takes effect, you accept it.

Changes to the Services. We improve and sometimes retire features. We will give reasonable notice of any change that materially reduces what you paid for. If we discontinue a Service you prepaid for, we refund the unused portion. We do not refund for features we add or change that you did not specifically pay for.

Price changes. We may change prices. Price changes never apply to a term you have already paid for; they apply from your next renewal. We email you at least 30 days before a price change takes effect so you can cancel first if you want to.

Signed contracts. If you and we sign a separate written agreement, that agreement controls where it conflicts with these Terms.

4. Your account

One account per person or organization. Do not create multiple accounts to avoid limits, suspensions, or fees. Do not create an account for someone else unless you are authorized to bind them to these Terms.

Accurate information. Give us accurate registration and billing information and keep it current. We send notices to the email address on your account; if that address stops working, notices we send to it still count. We may suspend or close accounts we reasonably believe were opened with false or stolen information.

Your credentials. You are responsible for activity under your login. Keep your password confidential, turn on two-factor authentication, and tell us promptly at support@lasthourhosting.org if you suspect unauthorized access. We may require a password change if we believe your credentials are compromised or weak.

Your security responsibilities. You are responsible for the security of your own sites, applications, and data hosted with us, including application updates, plugins, file permissions, user accounts you create, and any credentials or keys you store. Our managed plans include the maintenance tasks listed on the relevant plan page; they do not include securing software we do not control.

Sanctions and export screening. You confirm that you are not located in, ordinarily resident in, or organized under the laws of a comprehensively sanctioned country or territory, and that you are not on any US government restricted-party list. We screen account creation and payments against US sanctions lists and may decline or close an account that matches.

5. Our Services, license, and restrictions

We provide the Services described on the relevant page of our website, in your order confirmation, and in any plan documentation. All orders are subject to our acceptance. We may decline an order for any lawful reason, including capacity, sanctions screening, or abuse history.

The Services are licensed, not sold. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to use the Services for your own internal or personal purposes for the term of your subscription. Any Apps or client software we provide are licensed on the same basis.

You may not, and may not allow anyone else to:

• remove or obscure copyright, trademark, or other proprietary notices;
• resell, sublicense, lease, or provide the Services to third parties as a hosting or reseller offering, except under a written reseller agreement with us;
• reverse engineer or decompile the Services except to the extent the law expressly permits despite this restriction;
• frame, mirror, or scrape the Services, or place unreasonable load on them, except as permitted by our robots.txt or a written API agreement;
• access the Services to build a competing product, or to benchmark them for publication without our written consent;
• attempt to bypass authentication, rate limits, spend caps, or other technical controls.

You may use the Services to run a business, including an agency business managing sites for your own clients, provided each client's site remains on your account and you remain responsible for it under these Terms.

6. Subscriptions, renewal, and cancellation

Term. Your subscription starts when we confirm your order and receive the first payment (or when a free trial is provisioned, if earlier), and runs for the term you selected at checkout.

Cancellation. You may cancel at any time, from your customer portal or by emailing support@lasthourhosting.org. There is no early-termination fee. Cancellation takes effect at the end of your current term:

• Month-to-month plans end at the close of the current billing month. You are not billed again.
• Annual and longer plans end at the close of the term. You are not billed again, and you keep the Service until then.
• Immediate cancellation. If you want the Service stopped now rather than at the end of the term, tell us in the cancellation request. We will stop it, and the unused portion of the term is handled under the money-back guarantee in section 8 if it applies; otherwise prepaid fees for the unused remainder are not refundable except where the law requires it.

Automatic renewal. Subscriptions renew automatically for the same term at the price in effect at renewal, until you cancel. At checkout we show the renewal price, the renewal date, and the fact that the subscription renews automatically, before you pay. We email a renewal reminder at least 7 days before any renewal of a term longer than one month. You can turn auto-renewal off in the portal at any time and the subscription will simply end at the close of the term.

What we do not charge for. There is no fee to cancel, no fee to turn off auto-renewal, and no fee to export your data while your account is open.

Free trials. A trial gives you full access to the product for the trial period shown at checkout, and it never needs a card. One trial per customer per product, and a trial is for a real evaluation, not a repeating free service; we may decline or end a trial we reasonably believe is a serial or automated signup. A trial does not turn into a paid subscription by itself: when it ends, the Service stops, and you start a paid plan when you choose to. Nothing you put on a trial is deleted on the day it ends, and the section 8 refund window runs from your first payment rather than from the first day of the trial.

Cancellation rights the law gives you. Some purchases carry a cancellation right that these Terms cannot take away, and this section does not. If you buy from us by telephone from within Idaho, the Idaho Telephone Solicitation Act (Idaho Code title 48, chapter 10) gives you three business days to cancel, and we will send you the written confirmation and cancellation notice that Idaho Code section 48-1004 requires. If any other law gives you a right to cancel, withdraw, or rescind a purchase, you may exercise it, and we will refund what that law requires even where section 8 would not.

7. Prices, fees, and taxes

Prices are shown on our website at the time you order, and the price you agreed to at checkout is the price for that term. Prices are in US dollars unless stated otherwise. We may correct an obvious pricing error before your Service is provisioned; if we do, we will offer you the corrected price or cancel the order and refund you in full.

Taxes. Prices exclude sales, use, value-added, and similar taxes, which you are responsible for as a matter of contract. If you are tax-exempt, send us a valid certificate before we invoice you. Where a taxing authority requires us to collect a tax at the point of sale, we will collect it on the invoice. Where we failed to collect a tax we were required to collect, we will pay that tax ourselves rather than bill it to you after the fact, and we will collect it correctly on future invoices. We will not ask you to pay a tax we were obliged to collect and did not.

Professional services. Design, migration, SEO, bookkeeping, IT, and development work are governed by the Professional Services Terms and are billed as quoted. Setup, expedite, and custom programming fees are non-refundable once the work has started. A standard migration of a site, its mail, and its data is included at no charge, which is what our plan pages advertise; only a migration we have quoted as a separate project is billed.

No overage billing. We do not bill overages on any plan that includes an allowance. If your usage exceeds the fair-use threshold in the Fair Use Bandwidth Policy or the resource limits of your plan, we contact you to discuss an upgrade, and we will not automatically charge you for usage above your plan. Two things are outside that promise, and both are priced openly rather than discovered on a bill: Serverless Functions, which are sold as pay-for-what-you-use and metered with the spend cap you set at checkout, and any add-on you order by name with a stated price.

8. 30-Day Money-Back Guarantee

We advertise a 30-day refund, and this section is that promise. If you are not satisfied with a hosting subscription, ask us for a refund within 30 days of your first payment and we will refund it in full, to the original payment method, within 10 business days.

How to claim it. Open a ticket in your customer portal or email support@lasthourhosting.org from the account email address. No reason is required.

What it covers. The first purchase of a hosting subscription on an account — shared hosting, VPS, email hosting, and managed application hosting — for the first 30 days. Plans longer than one month are refunded in full for the first 30 days.

What it does not cover.

• domain registrations and renewals (registries do not refund these, and the domain remains yours until it expires);
• setup, expedite, and custom programming fees where the work has already been performed, and any migration we quoted and billed as a separate project;
• professional services and hourly support already delivered;
• third-party licenses and add-ons purchased from another vendor;
• additional purchases after the first one on the same account;
• accounts closed for a breach of the Acceptable Use Policy or for a payment dispute or chargeback;
• promotional credits, referral credits, and account balances (those stay as credit under section 10).

This guarantee is in addition to any statutory right you have to cancel a purchase, and nothing in this section limits a right that the law gives you and that cannot be waived.

9. Payment methods, failed payments, and chargebacks

We use third-party payment processors. By giving us a payment method you authorize us, and the processor, to charge it for the subscription and any renewal, and to store the payment method with the processor for that purpose. We never store your full card number on our own systems.

Failed payments. If a charge fails we retry a few times and email you. If the balance stays unpaid we may suspend the Service. Suspension does not cancel your subscription and does not stop the amount owed.

Payment disputes and chargebacks. If you think a charge is wrong, contact us first — we will almost always fix it faster than a bank will. If you file a chargeback, we may suspend the account while the dispute is open, and if the chargeback is resolved in our favor we may charge a reasonable chargeback-handling fee (currently US$25, or the maximum the law allows if lower) and require a different payment method before restoring the Service. Accounts with an open chargeback are frozen rather than deleted so your data is still there when the dispute is resolved.

10. Balances, referrals, rewards, and gift boxes

Account balance. Your balance is credit that we apply to your own Last Hour Hosting invoices before we charge your payment method. Credit has no cash value, is not a deposit, is not transferable, and is not refundable, except that if we close your account without cause we will refund any unused balance you paid for in cash. Credit expires 24 months after it is granted if unused.

Referral rewards. Referral commissions are paid out of our own revenue for business you bring us, under the Referral Program Terms. Approved commissions can be withdrawn by bank transfer, PayPal, or another method we support, once your available balance reaches the minimum shown in your portal. We may withhold or reverse a commission for fraud, self-referral, chargebacks, or a referred account that does not pay.

Gift boxes. A gift box is a donation page that credits gifts you receive to your Last Hour Hosting balance as store credit. Gifts are not withdrawable in cash and cannot be transferred; they can only be applied to your own Last Hour Hosting invoices. We are not a money transmitter or payment processor for your gift box, and we do not act as an intermediary between you and a donor. Donors pay us for store credit applied to your account. You are responsible for any tax, fundraising registration, or disclosure obligation that applies to your own fundraising.

Prohibited use of balances. Balances and gift boxes may not be used to launder money, to evade sanctions, to move funds between people, or to receive payment for goods or services sold to third parties. We may freeze or reverse a balance we reasonably believe is being used that way, and we may report suspicious activity.

11. Acceptable use, anti-spam, and enforcement

You must comply with the Acceptable Use Policy and the Anti-Spam Policy. You are responsible for your own end users and customers, and their conduct counts as yours under these Terms.

How we enforce it. Except in the urgent cases listed below, we follow this ladder:

1. Notice and cure. We tell you what the problem is and give you a reasonable time to fix it (normally 72 hours, longer for a complex cleanup).
2. Throttle. Where a problem is caused by load or sending volume, we may rate-limit the affected service first.
3. Suspend. If the problem continues we suspend the affected service. Your billing is paused while the service is suspended for a violation.
4. Terminate. If the problem recurs after a suspension, or is severe, we terminate the affected service or the account.

No-notice cases. We may act immediately, without the ladder, where we reasonably believe there is: child sexual abuse material; content or conduct that creates an imminent risk of serious harm; an active attack, phishing campaign, or malware distribution from your service; a legal obligation to act immediately (including a court order, a valid DMCA takedown, or a law-enforcement preservation or disclosure demand); or a sanctions or export-control violation.

Appeal. Every enforcement action carries a reason code that you can see, and an appeal link. We review appeals by a person who was not involved in the original decision. If we got it wrong we restore the service and do not charge for the suspended period.

No duty to monitor. We do not review your content before it goes live and we are not obliged to monitor it. We investigate complaints we receive and we may remove or restrict content where required by law or where it breaches these Terms. We are not liable to you or your end users for removing or restricting content in good faith.

12. Copyright and DMCA

We respond to valid notices of copyright infringement under the Digital Millennium Copyright Act and we terminate the accounts of repeat infringers. Our designated agent, the notice and counter-notice procedure, and our repeat-infringer policy are set out in the Copyright and DMCA Policy, which forms part of these Terms.

13. Your content, and the license you give us

You own your content. As between you and us, you own everything you upload, publish, or store through the Services, including your sites, databases, mail, files, and the data of your own customers (“Your Content”). We claim no ownership of it.

The license we need. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, cache, display, and create technical derivative works of Your Content solely as necessary to provide, secure, back up, and support the Services you asked for, and to comply with law. This license ends when Your Content is deleted from our systems, except for backups under our retention schedule and copies we must keep by law. We do not use Your Content for advertising, for our own marketing, for training models, or for any purpose unrelated to running your service.

Your responsibility. You are responsible for Your Content and for having the rights needed to host it. You confirm that Your Content does not infringe anyone's intellectual property, privacy, or publicity rights, and that you have the consents you need for any personal data in it.

14. Third-party services, bring-your-own-license, and the Marketplace

Third-party services. You may use third-party products and services with our Services. Your relationship with that third party is between you and them. You are responsible for their fees and for complying with their terms, including license reporting. We are not responsible for third-party services. Where a third-party provider requires information about your usage in order to keep a license valid, we will tell you and, where you have agreed or the provider's terms require it, share the minimum needed. We will not share your customer data with a third party for that party's own marketing.

Bring your own license. Where you bring a license you already own, you are responsible for it. We do not verify license compliance. If a provider tells us your use is non-compliant, we may suspend the affected service after giving you notice and a chance to respond.

Marketplace. Apps in our Marketplace are governed by the Marketplace Terms. Installing an app is your decision, and app vendors are responsible for their own software.

15. Our intellectual property

The Services, our website, our control panel, and our documentation are ours or our licensors'. These Terms grant you only the license in section 5. You may not use our name, logos, or product names without our written permission, except to refer to us factually (for example, “hosted by Last Hour Hosting”). If you breach these Terms, the license in section 5 ends and you must stop using the Services.

16. Backups, data loss, and resource use

Backups. Unless your plan says otherwise in writing, we do not provide backups of your content, and you are responsible for your own backups. Some plans include backups as a listed feature, and paid backup services are available separately. Even where we hold a backup, we do not guarantee that it can be restored or that it is complete. Test your own restores.

Data loss. You use the Services at your own risk. We are not responsible for loss of Your Content. This does not limit any liability we have for our own gross negligence or willful misconduct, or any liability that cannot be limited by law.

Resource use. Each plan has published limits for CPU, memory, disk, inodes, concurrent connections, and mail volume. We do not silently change them. If your use consistently exceeds your published limits in a way that degrades service for other customers, we may throttle the affected resource and contact you about an upgrade. We do not charge overages.

17. Security

You must not attempt to access our systems or another customer's systems without authorization, probe or scan for vulnerabilities outside the scope of our Security Policy, interfere with the integrity of our network, or use the Services to attack anyone. Security testing of your own services is fine; security testing of ours or anyone else's is not, except under our Security Policy.

If you breach system security we may suspend or terminate your account, and we may report the matter to law enforcement and to the operators of affected systems. We may share the minimum information necessary to resolve a security incident affecting other networks, subject to our Privacy Policy.

If you are a security researcher acting in good faith within the scope of our Security Policy, we will not pursue civil or criminal claims against you for that research.

18. Fair use of bandwidth and network resources

Bandwidth is subject to the Fair Use Bandwidth Policy. That policy sets a soft threshold of 1 TB per month per hosting plan, explains what happens above it, and confirms that we do not bill overages. Where a service is advertised as unmetered, that means we do not meter it for billing — it does not mean the network is unlimited, and the fair-use policy still applies.

19. Publicity and your marks

We will not use your name, logo, or trademarks in our customer lists, website, case studies, or marketing materials without your written permission. If you would like to be listed as a customer, email legal@lasthourhosting.org and we will ask for your consent. You can withdraw that consent at any time and we will remove the listing.

20. Health information (HIPAA) and other regulated data

We do not accept protected health information by default. Do not store PHI or ePHI on any Last Hour Hosting service unless you have a signed Business Associate Agreement with us that covers that specific service.

We offer HIPAA-eligible configurations of some services. Using one requires: a signed BAA with us; an architecture review before you deploy; and your written acknowledgment of the configuration requirements we give you. Without all three, the service is not HIPAA-eligible, whatever else our website says about the underlying software. See HIPAA and Business Associate Agreements for how to request one.

You remain responsible for your own HIPAA compliance, including the security of what you store, your own access controls, your own backups, and your own risk analysis. We do not access the contents of your services except as described in our Privacy Policy.

Other regulated data. If you handle payment card data, you are responsible for your own PCI DSS scope. If you handle data subject to GLBA, FERPA, CJIS, ITAR, or sector rules, tell us before you sign up so we can confirm whether the service is suitable. If it is not, we will say so.

21. Uptime guarantee and SLA credits

Our Service Level Agreement sets out the Network and Host-Node Uptime Guarantee: the availability commitment, what is excluded, and the credit table. Two things are worth repeating here:

• Credits are automatic. When we record an eligible outage we calculate the credit and apply it to your account. You do not need to open a ticket and you do not need to ask.
• You can dispute it. If you believe an eligible outage was not credited, open a ticket and we will review our monitoring data with you. Telling us within 30 days of the incident is what lets us check it against the raw probe data we keep for 13 months, and nothing in this section shortens a period within which you may enforce a right under Idaho law.

SLA credits are the exclusive remedy for a failure of the uptime guarantee. They expire 12 months after issue, cannot be exchanged for cash, and cannot be combined for a single event.

22. Interactions with other users

You are responsible for your dealings with other customers and with your own customers. We are not a party to those relationships and we do not mediate commercial disputes between customers. If you have a dispute with another customer, you release us (and our officers, employees, and agents) from claims, demands, and damages of every kind arising out of it. We may set limits on contact between users where needed to prevent abuse. If you ask us to investigate suspected fraud or abuse, you agree to give us the access we reasonably need, limited to the specific service under investigation.

23. Privacy and data protection

Our Privacy Policy explains what we collect about you, why, and for how long, and it applies to both our website and your customer portal.

If you send us personal data about other people — for example, your own customers' names, addresses, or account data — you are the controller of that data and we are your processor. In that case the Data Processing Addendum applies, and it includes our commitments on confidentiality, security, subprocessors, assistance with data-subject requests, and deletion on exit. Our current subprocessors are listed at /subprocessors.

Security incidents. If we become aware of a personal-data breach affecting your data, we will notify you without undue delay and in any event within 72 hours of confirming it, with the information you need to meet your own notification obligations. Where a breach is likely to be high-risk for individuals and we are the controller, we will also notify those individuals and any regulator as required.

International transfers. Our primary infrastructure is in the United States. Where we transfer personal data from the EEA or UK to the United States we rely on the EU Standard Contractual Clauses and the UK International Data Transfer Addendum, as described in the Data Processing Addendum.

Retention and deletion. We keep data for the periods stated in the Privacy Policy. When you close your account we delete or de-identify your personal data within 30 days, except records we must keep for tax, accounting, fraud-prevention, or legal-hold purposes. You can export your data before you close the account, and you can ask us to erase it while your account is open.

24. Professional services

Design, migration, SEO, bookkeeping, managed IT, and software development work is governed by the Professional Services Terms. Those terms cover scope, acceptance, change orders, ownership of deliverables, and the fact that we do not guarantee specific business outcomes such as search rankings or revenue.

25. No warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT THE LAW ALLOWS, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

That disclaimer is set in capitals on purpose: Idaho Code section 28-2-316 requires a written exclusion of the implied warranty of merchantability to be conspicuous, and we want ours to be read and to hold.

Three things sit outside that disclaimer and are promises we do make: the commitments in the Service Level Agreement, the 30-Day Money-Back Guarantee in section 8, and the processor obligations in the Data Processing Addendum.

We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any data will not be lost. Statements on our website and in our marketing are descriptions of what we offer, not warranties, except where a page specifically says it is a guarantee, and then the guarantee is the one in the Service Level Agreement, this section, and section 8.

Nothing in this section excludes a warranty or condition that cannot be excluded by law, including your statutory rights as a consumer.

26. Limitation of liability

To the maximum extent the law allows, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, loss of business, loss of data, or the cost of substitute services, even if we were advised such damages were possible.

Our total aggregate liability arising out of or relating to this agreement is limited to the greater of (a) the amount you paid us in the 12 months before the event giving rise to the claim, and (b) US$100.

These limits do not apply to: our fraud or willful misconduct; our gross negligence; death or personal injury caused by our negligence; our indemnity obligation in section 28 for third-party intellectual property claims; any remedy the Idaho Consumer Protection Act gives you (Idaho Code section 48-601 et seq.), including the minimum recovery in section 48-608 and the attorney's fees that section provides; or any other liability that cannot be limited by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

27. California release

If you are a California resident, you waive California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

28. Indemnification

You will defend, indemnify, and hold harmless Last Hour Hosting, Shiloh, LLC, and our officers, directors, employees, and agents from third-party claims, damages, liabilities, and reasonable legal fees arising out of: (a) Your Content, including claims that it infringes intellectual property or violates privacy or publicity rights; (b) your use of the Services in breach of these Terms or the AUP; (c) your violation of law; (d) your own customers and end users; or (e) your failure to obtain a consent you needed for personal data in Your Content.

We will tell you promptly about a covered claim and give you the opportunity to control the defense with counsel we reasonably approve. We may join the defense at our own cost. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent, which we will not unreasonably withhold.

29. Dispute resolution, arbitration, and class action waiver

Talk to us first. If you have a dispute, email legal@lasthourhosting.org with a description of the problem and what you want. We will do the same if we have a dispute with you. Both of us will try in good faith to resolve it for 30 days before starting arbitration.

Governing law. These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-law rules, and the arbitration provisions in this section are also governed by the Federal Arbitration Act. If a claim is not subject to arbitration, it must be brought in a state or federal court sitting in Idaho, and both of us consent to the jurisdiction of those courts. We ask for Idaho rather than a named county because Idaho law gives a consumer a statutory choice of venue for some claims, including Idaho Code section 48-608(3), and we are not trying to take that choice away.

Arbitration. Except as stated below, any dispute that we cannot resolve informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or, for a business customer, its Commercial Arbitration Rules), before a single arbitrator. The arbitration will take place in Bonner County, Idaho, or by telephone or written submissions if you prefer and the arbitrator agrees. The arbitrator will apply Idaho law and issue a written decision.

Who pays. We will pay all arbitration filing, administrative, and arbitrator fees for any claim you bring up to US$25,000, except the initial filing fee if the AAA's consumer rules require you to pay it — and if that fee is more than you can afford, we will pay it on request. Each of us pays our own lawyers unless a statute or the arbitrator provides otherwise.

Opt out. You can opt out of this arbitration agreement by emailing legal@lasthourhosting.org within 30 days of first accepting these Terms, with the subject “Arbitration Opt-Out” and the email address on your account. Opting out has no other effect on your Service and we will not treat you differently for it.

Small claims and injunctions. Either of us may bring an individual claim in small-claims court if it qualifies. We may also go to court to seek an injunction or other equitable relief to stop unlawful use of the Services, infringement of our intellectual property, an attack on our network, or a breach of the Acceptable Use Policy. Those are the only situations in which we do not have to arbitrate first.

Idaho law protects your day in court. Idaho Code section 29-110 makes void any contract term that stops a party from enforcing its rights in an Idaho court, or that shortens the time it has to do so. Nothing in this section does either, and we do not ask you to give up a right that section protects. The seat of any arbitration under this section is in Idaho, because section 29-110 permits an arbitration clause only where the contract does not require arbitration outside Idaho.

No class actions. Each of us may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative action, and not as part of a consolidated proceeding with anyone else's claim. The arbitrator may not consolidate claims or preside over a class. If this paragraph is found unenforceable as to a particular claim, that claim is severed and heard in court under the forum clause above; the rest of this section still applies.

Jury waiver. To the extent any dispute is heard in court, both of us waive any right to a trial by jury.

Public injunctive relief. Nothing in this section prevents you from seeking public injunctive relief in court where the law gives you a right to do so that cannot be waived.

30. Export control and government users

The Services and any software we provide may be subject to US export-control laws. You may not use them in violation of those laws, including by exporting or providing access to a sanctioned country or a restricted party. If you are a US government entity, our software is “commercial computer software” and “commercial computer software documentation” under FAR and DFARS, and is licensed with only those rights granted to commercial end users.

31. Consumer notices, giving, and contact details

California consumer notice. Under California Civil Code section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or through dca.ca.gov.

Our giving commitment. We donate a fixed share of each hosting subscription to Alliance Defending Freedom, a 501(c)(3) nonprofit, and we state the exact amount on each plan page and at checkout (currently 10%, which is US$2.90 of every US$29). The percentage in force at the time of your payment is the one that applies to that payment. The donation is made from our own funds after your purchase completes. It is not a tax-deductible contribution by you, and we have no control over how the charity uses the funds. If we discontinue the program we will give at least 30 days' notice on this page, and we will not reduce the percentage that applied to a payment you had already made.

Electronic communications. We communicate with you electronically, and electronic notices satisfy any legal requirement that a notice be in writing. Keep your email address current. If the address on file is invalid, a notice we send to it still counts.

Who we are. The Services are provided by Shiloh, LLC, which does business as Last Hour Hosting. Our mailing address is P.O. Box #15264, 517 America's Way, Box Elder, SD 57719, USA. That is a mailing address, not our registered office; our registered agent and registered office are on file with the Secretary of State of our state of organization and are available on request for formal service.

How to reach us. Support: support@lasthourhosting.org. Legal: legal@lasthourhosting.org. Abuse: abuse@lasthourhosting.org. Security: security@lasthourhosting.org. Privacy: privacy@lasthourhosting.org.

32. General

Entire agreement. These Terms, the documents listed in section 2, and any signed contract between us are the entire agreement about the Services and replace anything said before. If a signed contract conflicts with these Terms, the contract controls on that point; everything else here still applies.

Severability and no waiver. If a provision is unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. If we do not enforce a provision once, that does not waive it.

Assignment. You may not assign this agreement without our written consent, except to a successor in a merger or sale of substantially all your assets where you give us notice. We may assign it to an affiliate or a successor.

No agency. We are independent contractors. Nothing here creates a partnership, joint venture, franchise, or employment relationship.

Non-solicitation. For two years after your Services start, you agree not to solicit for employment any Last Hour Hosting employee you dealt with. General public job postings that are not targeted at our staff do not breach this.

Force majeure. We are not liable for delay or failure caused by something outside our reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, natural disaster, fiber cuts, upstream network or transit failure, power failure, or a coordinated attack on our infrastructure, for as long as it continues.

Survival. Sections 13 (content ownership and license), 15 (our intellectual property), 16 (backups and data loss), 25 (no warranties), 26 (limitation of liability), 28 (indemnification), 29 (dispute resolution), and this section 32 survive the end of this agreement, along with any other section that by its nature is meant to.