Draft. This document is under legal review and may change before it is final. Questions: [email protected].
Effective 2026-10-28
1. The agreement
These Terms of Service form a contract between you and Wells Software Consulting LLC, doing business as Execore Hosting ("we", "us"). They cover dedicated servers, management services and add-ons ordered through ExecoreHosting.com (the "Services").
These policies are part of the contract: the Acceptable Use Policy, the Service Level Agreement, the Refund Policy and the Copyright Policy. Our Privacy Policy explains how we handle personal information. If these documents conflict, a signed order form wins, then these Terms, then the policies.
In these Terms, "Unmanaged", "Essential Managed" and "Pro Managed" are the management tiers described on our website at the time of your order. "Handover" is when we send you access details for a ready server. A "business day" is Monday to Friday, excluding US federal holidays, in Central Time.
2. Who can use the Services
The Services are for businesses and for adults 18 and older. You must keep your contact and billing details accurate, and you are responsible for everything done through your account and your servers. If you are a consumer, consumer protection laws that cannot be waived still apply to you.
You represent that neither you nor anyone who owns 50% or more of you, or controls you, is on a US government restricted party list, including the OFAC Specially Designated Nationals List and the Commerce Department Entity List, or is located, organized or ordinarily resident in a country or region subject to comprehensive US sanctions. You will not use the Services to provide services to such persons or places, and you will follow US export control laws when you move software or data through the Services. We may refuse or end Services where this section is not met.
3. Orders and delivery
An order request is an offer. A contract forms only when we confirm the order in writing and you pay the first invoice. Stock is limited and prices are in US dollars, excluding taxes.
Our confirmation states the server, location, management tier, term, price, renewal terms and handover date. If we cannot hand the server over by that date, you may cancel and receive a full refund of anything you paid for it.
4. What we provide
We provide the hardware, network connectivity and the management tier you ordered. Management covers the operating system and the items listed for your tier. It does not cover your applications, code or third-party software unless we agree to that in writing.
The hardware remains ours or our data center partner's. We may replace a component with one of equal or better specification. We may use subcontractors, and we remain responsible for their work.
5. IP addresses
IP addresses assigned to your server remain ours or our upstream provider's and are lent to you for the length of the Service. You may not transfer them. We may renumber them with 30 days' notice, or sooner to stop abuse or to respond to an emergency or a requirement of our upstream networks. You must stop using them when the Service ends.
6. Fees, billing and taxes
Fees are billed in advance for the term you choose (monthly, quarterly, annual or biennial) and are due on receipt unless the invoice says otherwise. The price on your confirmation applies for the term you paid. We give at least 30 days' notice of any price change, the notice says how to cancel, and the change applies only from your next term.
Each server includes the monthly data transfer stated in your confirmation. If you go over it, we contact you, and the excess is billed at the rate stated in your confirmation, or we cap your port speed instead if you ask.
You pay applicable taxes other than taxes on our income.
Billing disputes. If you think an invoice is wrong, tell us in writing within 60 days of the invoice date. The undisputed part stays due. Please contact us before filing a chargeback. A chargeback on an invoice you have not disputed with us may lead to suspension until it is resolved, and you remain responsible for fees properly owed. Nothing in this section limits rights you have with your card issuer.
7. Late payment
If an invoice is 7 days past due, we may suspend the Service after notice. If it is 21 days past due, we may end the Service and reclaim the hardware. We email you at least 7 days before we erase data on a reclaimed server; after that it cannot be recovered, except where the law, legal process or a preservation request requires us to keep data, in which case we keep it only for that purpose.
8. Automatic renewal and cancellation
Each Service renews automatically for the same term at the price in your confirmation, or at a new price we have notified you of under section 6, and we charge your payment method on file or invoice you on the renewal date until you cancel. To avoid the next charge, cancel before 11:59 pm Central Time on the day before your renewal date.
You can cancel online by email to [email protected] or in the client area once your account has one, and we confirm the cancellation in writing. Monthly Services end at the end of the current billing month. Prepaid terms run to their end, subject to the Refund Policy.
For terms of 12 months or longer, we email you 30 to 60 days before the cancellation deadline with the renewal date, the price, the deadline and how to cancel. Each year we also send a reminder of your renewal terms and how to cancel.
9. Your content
Everything you put on your servers stays yours. You give us only the permission needed to store, transmit, back up and restore it in order to provide the Services you ordered. You confirm you have the rights needed for that content.
We do not monitor what you host, but we act on reports and on what we find while providing the Services, as set out in the Acceptable Use Policy.
10. Our access to your server
On managed tiers, you authorize us to access your server to provide management and respond to incidents. On every tier, we may access the hardware or network to repair it, to protect the network, to investigate a possible Acceptable Use Policy breach, or when the law requires. Administrative access is logged.
11. Backups
On the Unmanaged tier we do not back up your data. On managed tiers we keep offsite backups of the size and retention stated for your tier, and restore from the most recent good copy on request.
Managed backups protect against the failures they are designed for. They are not an archive. Keep your own independent copy of anything you cannot afford to lose.
12. Your responsibilities
You must follow the Acceptable Use Policy and the law, protect your credentials, tell us promptly if you think your server or account is compromised, and hold valid licenses for software you install.
On managed tiers, keep our management access and monitoring agent in place. If you remove or change them without telling us, we cannot meet the management and response commitments for that server until access is restored.
Do not store protected health information covered by HIPAA on the Services unless we have signed a business associate agreement with you for that server.
If your systems take payment cards, you are responsible for PCI DSS compliance of your own software and configuration. Tell us before ordering if card data will be on the server, because managed access can bring us into your PCI DSS scope. We are not your PCI service provider unless we agree to that in a signed order form.
Game servers and your players. You are responsible for following the end user license agreement and any server hosting rules set by the publisher of each game you run, and for the mods, plugins and maps you install. We may act on a publisher's notice that your server breaks its hosting rules. Your players connect to you, not to us: for any personal information your game servers, websites or community tools collect from players, you decide what is collected and why, and you are responsible for the privacy laws that apply to it, including the Children's Online Privacy Protection Act if you collect personal information from players under 13.
13. Suspension
We may suspend a Service without prior notice when needed to prevent harm to people, to our network or to other customers, to comply with the law, or to respond to a serious Acceptable Use Policy breach. We tell you why as soon as we reasonably can, and we restore service once the problem is resolved.
14. Ending the Services
We may end a Service for convenience with at least 30 days' notice. If the end date falls before the end of a prepaid term, we refund the unused part pro rata. We may end a Service for a material breach that you do not cure within 10 days of notice, or immediately for the most serious breaches, such as child sexual abuse material or attacks on other networks.
When a Service ends, the server is wiped before the hardware is reused, and managed backups are not restored afterward, except where the law, legal process or a preservation request requires us to keep data, in which case we keep it only for that purpose. Export what you need before the end date.
15. Warranties and disclaimers
We will provide the Services with reasonable skill and care. The Service Level Agreement sets out our availability and response commitments and the remedies for missing them.
EXCEPT AS STATED IN THESE TERMS AND THE SERVICE LEVEL AGREEMENT, AND TO THE EXTENT THE LAW ALLOWS, THE SERVICES ARE PROVIDED AS IS, AND WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. Limitation of liability
TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY IN ANY 12-MONTH PERIOD IS LIMITED TO THE FEES YOU PAID FOR THE AFFECTED SERVICE IN THAT PERIOD.
These limits do not apply to your payment obligations, your indemnity obligations, fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or liability that cannot legally be limited.
A claim must be brought within one year after the facts giving rise to it became known, or should have become known, unless the law sets a longer period that cannot be shortened by contract. This paragraph does not apply to a consumer's statutory claims.
17. Indemnity
You will defend and indemnify us against third-party claims that arise from the content or software on your servers, your breach of these Terms or the Acceptable Use Policy, or your violation of the law. This does not cover any part of a claim caused by our gross negligence or willful misconduct.
18. Requests from law enforcement
We disclose customer information to authorities only in response to valid legal process, or when we believe in good faith that disclosure is needed to prevent imminent harm to someone. We tell you about a request before we respond unless the law prohibits it or there is an emergency.
19. Disputes and governing law
Before starting a court case, the party with the complaint will send a written description of it to the other, and both will try in good faith to resolve it for 30 days. Our address for that notice is Wells Software Consulting LLC, 1 E Erie St, Suite 525-2098, Chicago, IL 60611, with a copy to [email protected].
Illinois law governs these Terms, excluding its conflict-of-laws rules. The state and federal courts located in Cook County, Illinois have exclusive jurisdiction, except that either party may bring an individual claim in small claims court where it qualifies.
TO THE EXTENT THE LAW ALLOWS, EACH PARTY WAIVES TRIAL BY JURY, AND CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
If you are a consumer, nothing in this section limits rights that the consumer protection law of your state does not allow to be waived, including any right to bring a claim in your home county.
20. Changes to these Terms
Material changes take effect 30 days after we notify you. Changes required by law take effect when stated. If you object to a material change, you may cancel before it takes effect and we will refund any prepaid unused time. Otherwise, continuing to use the Services means you accept the change.
21. Electronic communications
You agree that we may provide agreements, notices and disclosures electronically, by email or in the client area. You may ask for a paper copy at no charge, or withdraw this consent, by emailing [email protected]; withdrawing consent may end our ability to provide the Services. You need an email account and a PDF reader to receive them.
22. General
Neither party is responsible for delays caused by events outside its reasonable control, such as utility or upstream network failures, natural disasters or government action. This does not excuse payment obligations.
You may not assign these Terms without our consent. We may assign them to a successor of the business. We are independent contractors, and there are no third-party beneficiaries of these Terms. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it. Sections 6, 9 and 15 to 19, and any other provision that by its nature should continue, survive the end of the Services. These Terms and the documents they include are the entire agreement about the Services.
We send notices to the contact email on your account. You send notices to [email protected] or by mail to the address below.
23. Contact
Wells Software Consulting LLC, doing business as Execore Hosting
1 E Erie St, Suite 525-2098, Chicago, IL 60611
(312) 313-3883 · [email protected]