Terms of Service
Terms of service
These Terms of Service (“Terms”) govern your access to and use of the services provided by nonameHosts. By ordering, accessing, or using our services, you (“Customer”, “you”, or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
1. Services Covered
These Terms apply to all services provided by nonameHosts, including VPS hosting, shared hosting, dedicated servers, related technical support, customer portals, websites, and any other services we make available to you.
2. Eligibility and Account Responsibility
You confirm that you are legally able to enter into a binding agreement and that you are not prohibited from using our services under applicable law. You agree to provide accurate, complete, and current information during registration and throughout your use of the services.
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you become aware of unauthorized access, misuse, or any security incident involving your account.
3. Acceptable Use
You agree to use our services only for lawful purposes and in a way that does not harm, disrupt, or interfere with our infrastructure, our customers, or third parties.
You must not use the services to:
- violate any applicable law, regulation, court order, or third-party right;
- send spam, unsolicited bulk email, or abusive communications;
- host, distribute, or link to malware, phishing pages, botnets, exploit kits, or malicious code;
- perform denial-of-service attacks, unauthorized scanning, probing, brute-force attacks, credential stuffing, or similar activity;
- gain or attempt to gain unauthorized access to systems, networks, data, or accounts;
- infringe copyrights, trademarks, trade secrets, privacy rights, or other intellectual property rights;
- host or distribute content that is illegal, fraudulent, deceptive, or harmful;
- use false identity, forged headers, misleading routing information, or fraudulent payment details.
4. Spam and Email Policy
We have a zero-tolerance policy for spam and unsolicited bulk email. This includes email sent directly from our network and email sent from another provider that advertises, references, or otherwise implicates services hosted with us.
Mailing lists are permitted only where recipients have voluntarily subscribed or where you have another lawful basis to contact them. All mailing lists must include a clear unsubscribe mechanism and must comply with applicable anti-spam and data protection laws.
5. Resource Usage and Platform Integrity
You must not intentionally or negligently use excessive CPU, RAM, storage, disk I/O, network capacity, or other shared resources in a way that negatively affects our platform or other customers.
We may apply technical limits, throttle activity, request corrective action, suspend affected services, or terminate services where necessary to protect the stability, security, or reputation of our infrastructure.
6. Billing, Renewals, and Payment
Services are billed in advance according to the billing cycle selected at purchase, unless otherwise agreed in writing. Payment is due by the invoice due date.
By using paid services, you authorize us and our payment processors to charge your selected payment method for recurring fees, renewals, applicable taxes, and any other charges associated with your services.
If payment is late, declined, reversed, or otherwise not received, we may suspend or terminate the affected services.
You are responsible for all applicable taxes, bank charges, currency conversion fees, payment processor fees, and similar costs unless expressly stated otherwise.
We may change prices, fees, and billing terms from time to time. Where a price change affects an existing recurring service, we will provide reasonable notice before the change takes effect.
7. Refund Policy
Unless otherwise stated in the applicable service description or order form, VPS and shared hosting plans include a 14-day money-back guarantee from the service activation date.
The following are not eligible for refund unless required by law:
- dedicated servers;
- setup fees;
- software licenses;
- domain registrations, renewals, and transfers;
- custom, managed, or one-off services;
- services terminated or suspended for violation of these Terms.
The 14-day money-back guarantee may be refused where we reasonably determine that it is being abused, including repeated signups to obtain multiple refunds or unusually heavy use of resources followed by a refund request.
Approved refunds are usually processed within 2-3 working days, but payment providers may take longer to return funds to your account.
8. Uptime and Service Availability
We aim to provide reliable service and maintain strong network availability. However, hosting services may be interrupted by maintenance, upgrades, hardware failure, software issues, third-party outages, security incidents, force majeure events, or other causes.
If a specific service level agreement (“SLA”) applies to your plan, any service credits or remedies will be governed exclusively by that SLA. Unless required by law or expressly agreed otherwise, service credits are your sole remedy for qualifying downtime.
9. Support Scope
We provide technical support through our designated support channels. Support generally covers the availability and basic operation of services provided by nonameHosts.
Unless included in your plan or agreed separately, support does not include administration of your applications, code, websites, third-party software, security hardening, backups, migrations, or custom development.
10. Backups and Data Responsibility
You are responsible for maintaining your own current and independent backups unless your plan expressly includes backup services. Even where backup services are offered, they are provided as an additional safeguard and should not replace your own backup procedures.
You are responsible for the content, configuration, files, databases, and data stored or transmitted through your services. We are not responsible for data loss, corruption, or deletion except to the extent liability cannot be excluded by law.
11. Suspension and Termination
We may suspend or terminate services, with or without prior notice where necessary, if:
- you fail to pay amounts due;
- you breach these Terms or any applicable policy;
- your service creates security, legal, operational, or reputational risk;
- we receive a valid legal request or abuse report requiring action;
- continued service may harm our infrastructure, customers, or third parties.
Where practical and appropriate, we will attempt to notify you and provide an opportunity to resolve the issue. In urgent, repeated, or serious cases, we may act immediately.
You may cancel services through the client portal or by contacting support. Cancellation does not relieve you from paying charges already incurred.
12. IP Addresses and Network Resources
Any IP addresses or network resources assigned to you remain under our control or the control of our upstream providers. You receive only a limited right to use them while the related service remains active and in good standing.
We may change, remove, or reassign IP addresses where required for technical, operational, legal, or policy reasons.
13. Intellectual Property
You retain ownership of your content. We do not claim ownership of files, data, websites, applications, or other materials you upload or host using our services.
You grant us a limited right to host, transmit, process, back up, and otherwise handle your content solely as necessary to provide, secure, maintain, and support the services.
We retain all rights in our websites, systems, software, infrastructure, trademarks, documentation, designs, and other materials owned or licensed by us.
14. Data Protection and GDPR
14.1 Roles
For personal data contained in content that you upload, store, transmit, or otherwise process through the hosting services, you are generally the data controller and we are generally the data processor, unless the circumstances indicate otherwise.
For personal data used for account registration, billing, payment administration, support, fraud prevention, service security, legal compliance, and business administration, we act as an independent data controller.
14.2 Personal Data We Process as Controller
We may process account and service-related personal data, including names, company details, addresses, email addresses, phone numbers, billing details, payment references, IP addresses, login records, support communications, service usage data, abuse reports, and security logs.
14.3 Lawful Bases
Where GDPR applies, we process personal data under one or more lawful bases, including performance of a contract, compliance with legal obligations, legitimate interests, and consent where required. Legitimate interests may include service delivery, network security, fraud prevention, abuse handling, account administration, and improvement of our services.
14.4 Processor Commitments
Where we process personal data as your processor, we will:
- process personal data only on your documented instructions, including these Terms and the configuration of the services;
- ensure that persons authorized to process personal data are subject to confidentiality obligations;
- implement appropriate technical and organizational measures to protect personal data;
- assist you, where reasonably possible, with data subject requests, security obligations, breach notifications, and data protection impact assessments;
- delete or return personal data at the end of the services unless retention is required by law;
14.5 Sub-processors
We may use third-party sub-processors to provide infrastructure, data center, connectivity, payment, analytics, monitoring, security, support, email, and administrative services. We will use commercially reasonable efforts to ensure that sub-processors are subject to appropriate data protection obligations.
You may request information about our current sub-processors by contacting [email protected].
14.6 Data Breach Notification
If we become aware of a personal data breach affecting personal data we process on your behalf, we will notify you without undue delay after becoming aware of it and provide information reasonably available to help you meet your own legal obligations.
14.7 Data Subject Rights
Where we act as controller, individuals may have rights under applicable data protection law, including rights to access, rectify, erase, restrict processing, object to processing, data portability, and withdraw consent where processing is based on consent.
Requests may be sent to [email protected]. We may need to verify your identity before responding.
14.8 Retention
We retain personal data only for as long as necessary for the purposes for which it was collected, including service delivery, billing, legal compliance, tax and accounting obligations, dispute resolution, fraud prevention, abuse handling, and security.
15. Cookies and Tracking
Our websites may use cookies and similar technologies for essential website operation, account login, security, analytics, customer support, and marketing where permitted.
Where required by law, we will request consent before placing non-essential cookies. You can manage cookie settings through your browser and, where available, our cookie consent tools.
16. Disclosure to Law Enforcement and Legal Requests
We may disclose customer information, account details, assigned IP addresses, service logs, or hosted content where required by valid legal process, applicable law, court order, competent authority request, or where disclosure is necessary to protect our rights, customers, infrastructure, or the public.
17. Warranty Disclaimer
Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free service.
18. Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business, goodwill, data, or anticipated savings.
Our total aggregate liability arising out of or relating to the services or these Terms is limited to the amount you paid for the affected service during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
19. Indemnification
You agree to defend, indemnify, and hold harmless nonameHosts, its directors, employees, contractors, suppliers, and partners from claims, damages, liabilities, losses, costs, and expenses arising from your content, your use of the services, your breach of these Terms, or your violation of law or third-party rights.
20. Force Majeure
We are not responsible for delays, failures, or interruptions caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, power failures, network failures, upstream provider outages, cyberattacks, government action, or changes in law.
21. Changes to These Terms
We may update these Terms from time to time. Changes may be posted on our website, in the client portal, or sent by email. Material changes will take effect on the stated effective date. Continued use of the services after changes take effect means you accept the updated Terms.
22. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Lithuania, unless mandatory law provides otherwise.
Any dispute arising from or relating to these Terms or the services will be subject to the competent courts of the Republic of Lithuania, unless mandatory consumer protection law provides otherwise.
23. Entire Agreement
These Terms, together with any applicable order form, service description, SLA, DPA, privacy notice, acceptable use policy, or other referenced policy, form the entire agreement between you and nonameHosts regarding the services and replace any prior agreements or understandings.
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