Terms of Service

By using our services you agree to the following terms of service.

USE OF PRODUCTS AND SERVICES

1.1 What these terms cover. These are the terms and conditions on which PFWeb Solutions(“HostBrr”) supply services to you. All these terms are effective from the date of your electronic submission of the order.

1.2. Amendment of Terms. HostBrr may at any time, at its sole and absolute discretion, change or modify this Agreement and any policies or agreements that are incorporated herein. Any changes or modifications will take immediate effect. Your continued use of the website or our services will constitute your acceptance of the amended Agreement. The obligation is upon you to ensure that the email you have provided to us is up to date. We accept no liability or responsibility for your failure to receive any email communications from us if such failure results from an inaccurate email address.

1.3 – You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Germany, the United States, Luxembourg, or your jurisdiction of residence. In order to access any services, you are required to provide current and accurate identification, contact information, and other details as part of the registration process. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify HostBrr of any unauthorized use of your account or any other breach of security. HostBrr will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

1.2 – HostBrr may cancel or suspend your access to HostBrr services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing-up your data that you use with the service. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.

CONDITIONS OF USE

2.1 – You agree that any violations listed in our Acceptable Usage Policy are considered prohibited usage and may result in immediate account suspension and/or termination without compensation.

2.2 – Intentional or Malicious violations of our Acceptable Usage Policy will result in immediate termination, and a ban from any further service.

ACCOUNT REGISTRATION

CONTACT INFORMATION

3.1.1 – Clients must provide their legitimate name and surname and residential address when registering an account.

3.1.2 – P.O. Boxes and non-residential or mail forwarding addresses are not accepted.

3.1.2 – We do not require a phone number for registration.

3.1.4 – Registration and Order Placement must take place from the client’s residential ISP. Do not use proxy/VPN Services

3.1.5 – Account details must match information provided by payment method.

3.1.6 – All modifications to an accounts details require a ticket to our billing department.

RESTRICTIONS

3.2.1 – Clients may not open multiple personal accounts under any circumstance.

3.2.2 – Clients may not give other persons access to their accounts.

3.2.3 – Clients may not change the name on their account to another individual.

BILLING

INVOICING

4.1.1 – Invoices for recurring services will be issued days in advance of the due date.

4.1.2 – Unpaid services will be suspended two days past the due date on the service.

4.1.3 – Unpaid services will be terminated four days past the due date on the service.

ACCOUNT CREDIT

4.2.1 – Account credit does not expire, and cannot be transferred from one client to another.

4.2.2 – Existing account credit will automatically be applied towards further generated invoices until exhausted.

4.2.3 – Add Funds invoices may be created upon request via the ticket system in any amount between $15.00 and $300.00. When an Add Funds invoice is paid, the invoice total is automatically deposited into the client’s account credit balance.

4.2.4 – Account credit may not be withdrawn or `cashed out` in the form of a refund or other payment.

PAYMENTS & GATEWAYS

PAYPAL

5.1.1 – PayPal payments must originate from verified PayPal account.

5.1.2 – PayPal transactions for shared hosting are eligible for refund within 45 days of the initial order payment.

5.1.3 – PayPal transactions for VPS services are eligible for refund within 14 days of the initial order payment.

5.1.4 – PayPal payments must originate from verified PayPal account.

CREDIT/DEBIT CARDS

5.2.1 – Credit Card transactions for shared hosting are eligible for refund within 45 days of the initial order payment.

5.2.2 – Credit Card transactions for VPS services are eligible for refund within 14 days of the initial order payment.

CRYPTOCURRENCY

5.3.1 – Transactions through crypto payments are not eligible for a refund.

REFUNDS

5.4.1 – Only one invoice can be refunded. Multiple services can be refunded if they are a part of the same invoice. 

CHARGEBACKS / DISPUTES

5.5.1 – Chargebacks and disputes against any payment will result in immediate suspension of all services on the account until the dispute is removed, and the account prohibited from placing any further orders. At the Billing Department’s discretion, all services on the account may be terminated without compensation in the event of dispute or chargeback.

SERVICE PROCESSING

SERVICE PROVISIONING

6.1.1 – Orders are automatically provisioned and should be up within minutes. Orders which are ordered through VPN are marked as fraudulent and are processed within Business Hours provided that the client’s Contact Information and Payment are in accordance with the Terms of Service.

6.1.2 – If a client’s Contact Information or Payment are not in accordance with the Terms of Service, the order will be placed on Hold, and a Support Ticket opened to the client with details on how to correct the situation.

SERVICE MODIFICATION

6.1.1 – Service modification cannot be performed on or past the service’s due date. Any outstanding invoices must be settled before service modification can be performed.

6.1.2 – Service modification that will lower the value of the service will automatically deposit the difference in values for the remainder of the billing cycle to the client’s account credit balance.

6.1.3 – Service modification that will raise the value of the service will be billed for the difference in values from the date of modification until the end of the service’s current billing cycle. The modification will be applied once the issued invoice is settled.

SERVICE TRANSFER

6.2.1 – An existing service may be transferred to another client provided the following conditions are met:

  • The service to be transferred must be active for at least two months.
  • The service to be transferred must not have any unpaid or overdue invoices.
  • The service to be transferred must not have any TOS/AUP Violations on record.
  • The account initiating the transfer must be in Good Standing, with no TOS/AUP Violations.
  • The account receiving the transfer must confirm acceptance of the transfer.
  • The account receiving the transfer must not have any unpaid or overdue invoices.
  • The account receiving the transfer must not have any TOS/AUP Violations on record.

 

SERVICE CANCELLATION

6.3.1 – Immediate type cancellations are processed automatically.

6.3.2 – End of Cycle type cancellations are processed automatically at the service’s next due date.

6.3.4 – Once cancellation has been run on a service, all related data and backups are destroyed, and any associated IP Addresses released back into the available pool. This process cannot be reversed.

6.3.5 – Clients purchasing our shared hosting services are eligible for a full refund within 45-days of service.

6.3.6 – Clients purchasing our VPS services are eligible for a full refund within 14-days of service.

6.3.7 – Clients are only eligible to use their money back guarantee once.

SERVICE SUSPENSION

6.4.1 – When suspended, a service is brought offline and disabled from being powered on or accessed. No data will be made available, nor the service brought online, until the situation resulting in the suspension has been resolved.

SERVICE TERMINATION

6.5.1 – Upon termination, all related data and backups are destroyed, and any associated IP Addresses released back into the available pool. This process cannot be reversed.

ACCEPTABLE EMAIL USAGE

7.1 We provide the ability to send e-mail using SMTP. This is designed for day-to-day communication needs. All outbound mail is scanned by a cloud-based spam filtering system.

7.2 We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times. Customers who abuse the email service will be notified that their behavior is unacceptable and may have their accounts suspended, terminated or blocked.

7.3 By purchasing the services you agree to the following:

7.3.1 not to send emails that might cause annoyance, inconvenience or anxiety to a recipient;

7.3.2 not to send any emails likely to cause distress or any material which is offensive, indecent, obscene, menacing or in any way unlawful;

7.3.3 to have a clear opt out policy in all newsletter communications;

7.3.4 not to use our mail services or network to send email to any user who does not wish to receive it;

7.3.5 not to use our mail services or network to send unsolicited email, in bulk (commonly known as ‘spam’) or individually;

7.3.6 not to use our mail services or network with intent to deprive others of service (‘mail bomb’);

7.3.7 not to use false mail headers or alter the headers of mail messages in such a way as to conceal the identity of the sender;

7.3.8 not to use any email address that you are not authorised to use;

7.3.9 to ensure that any email servers connected to our network and operated by you are not configured to allow ‘open relay’;

7.3.10 to take full responsibility for your own email reputation;

7.3.11 not to take any action that would put you or us in breach of obligations under the General Data Protection Regulations or Data Protection Act 2018.

ACCEPTABLE WEBSITE USAGE

8.1 Web usage includes the use of web space provided with client accounts, shared web hosting on our servers and the use of on VPS servers. We do not monitor content on any web space maintained by customers (whether shared served space or dedicated services). We bear no responsibility for the content of your website.

8.2 It is your sole responsibility to ensure that the content and materials on any website owned or operated by you contains material that you have created or have permission to use.

8.3 It is your sole responsibility to resolve any dispute involving Copyright or Intellectual Property Rights associated with your website or web service. You agree to indemnify HostBrr against all costs, including legal costs, of defending any claim against us from any third party regarding your use of copyright or intellectual property rights in relation to any claims made against you or us Worldwide.

8.4 You must not use your website or web service to promote or distribute any material or content that is illegal (under any current or future legislation) in any jurisdiction in which your website or web service is operational.

8.5 We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.

SHARED & RESELLER WEBHOSTING

9.1 Unless explicitly stated to the contrary our services are intended to be used for the purposes of hosting websites and email. Batch processing, video encoding/transcoding, webcrawling/spidering, archiving, proxies and online backup systems and any system for purposes other than hosting a website are not permitted on our shared or reseller hosting servers. We reserve the right to take proactive action to maintain the stability of our systems for all clients.

9.2 If we feel that the service selected or purchased by you does not meet your service needs we will inform you of this and advise you of the appropriate service for your needs. We are under no obligation to continue to provide hosting services that are inadequate or unsuitable for your needs. Refusal to cooperate with an account move request may result in account suspension and/or termination.

9.3 We offer a free migration service to help move your website from your previous provider to ourselves. This is a best-effort service. You acknowledge that you are the party most familiar with your website and we cannot know the intricacies of all the websites we host. We will take reasonable care to move your site files and data but it is your responsibility to give us suitable access to retrieve the data and to check that the site has been migrated successfully. We aim to migrate websites within 24 hours, though we do not guarantee any particular time frame for the migration. In some cases we may be able to migrate emails, DNS records and domain names also, but we do not warrant that we can move them successfully, or without interruption.

9.4 We reserve the right to undertake investigation of content services if potential abuse is brought to our attention and to remove any web page on our servers at any time and for any reason. Any accounts found to be abusive, contain illegal content or otherwise break our terms of service will be liable for immediate termination.