Terms of Service

These Terms of Service (hereinafter - "Terms", "Agreement") establish the procedure for providing hosting, backup, and other related services (hereinafter - "Services") provided by Hosting PirateTM Enterprice (hereinafter - "Company", "We") to you (hereinafter - "Client", "You").

By using our Services, you agree to these Terms. If you do not accept any clauses, you must stop using the Services and notify the Company.

1. General Provisions

1.1. Subject of the Agreement

The Company provides Services in accordance with the selected tariff plan, and the Client agrees to comply with these Terms and pay for the Services provided in a timely manner.

1.2. Applicable Law and Mandatory Norms

1.2.1. Unless otherwise expressly stated, these Terms are governed by the laws of the country of registration of the Company.

1.2.2. If the Client is a "consumer" under the laws of their country and that country has mandatory consumer protection norms (e.g., Russia, EU), these norms take precedence in case of conflict with these Terms.

1.2.3. A Client acting as a consumer may, if provided for by local legislation, file a claim at their place of residence, and the Company does not restrict this right.

1.3. Conclusion of the Agreement

• The Agreement is considered concluded from the moment of registration on the website and/or payment for Services.
• Continued use of Services after the publication or notification of updated Terms means agreement with the new versions.

1.4. Changes to the Terms

• The Company notifies the Client about significant changes at least 14 days before they take effect (via email, personal account, banner on the website, etc.).
• The Client is obliged to monitor the relevance of their email and regularly check notifications. If a notification ends up in "spam" or goes unread, but the Company conscientiously sent the email, this does not exempt the Client from the new terms.
• If the Client does not agree with the changes, they have the right to terminate the Agreement before the changes take effect and stop using the Services.

2. Registration, Account, and Security

2.1. Registration

2.1.1. Correct Data

When creating an account, the Client must provide complete and accurate information (full name/organization name, valid email address, etc.). If this information changes in the future, the Client must promptly update it in their personal account or notify the Company (for example, when changing email, residential address, or payment details).

2.1.2. One Account per Client

As a rule, each Client registers only once. Mass creation of multiple accounts to circumvent restrictions (tariff, sanctions, KYC/AML procedures, etc.) without agreement with the Company may result in blocking.

2.1.3. Accuracy and Responsibility

If the Company discovers that the data (full name, email, phone number) is deliberately incorrect, it has the right to suspend or cancel the registration. Repeated violations of this nature may result in a complete refusal of service.

2.2. Account Security

2.2.1. Login/Password Storage

• The Client is responsible for the reliability and security of their account credentials (login, password, SSH keys, etc.).
• It is recommended to use unique, complex passwords, enable two-factor authentication (2FA) where supported, and not share access with third parties.

2.2.2. Responsibility for Actions

• All actions performed from the Client's account are considered as actions of the Client themselves.
• Exceptions are proven cases of hacking that occurred due to the Company's fault (for example, if account credentials were leaked due to our internal error or breach).
• If the hacking occurred due to a weak password or non-compliance with security measures on the part of the Client, all responsibility (including financial and legal consequences) lies with the Client.

2.2.3. Loss of Access

• If the password is lost, the Client can restore access by following the Company's procedures (for example, through a recovery email).
• The Company has the right to request additional data (ID, payment confirmation) if there are doubts that the recovery is requested by the genuine owner of the account.

2.3. Right to Immediate Action

2.3.1. Types of Critical Threats

Critical threats refer to situations where the Client's server or service poses a danger to the infrastructure or other clients of the Company. Such threats may include:

• A DDoS attack originating from the Client's server (i.e., the client's server generates massive outgoing traffic),
• A large-scale incoming DDoS attack that overloads network channels and disrupts the operation of other clients,
• Distribution of malware, botnet activity, phishing,
• Open vulnerable services that allow attackers to carry out attacks on the Company's network,
• Systematic sending of spam or phishing emails.

2.3.2. Company Measures

If the Company discovers such a threat (independently or upon receiving notification from law enforcement agencies, CERT teams, other providers), it has the right to:

• Immediately suspend access to the server or service,
• Restrict network settings (firewall),
• Make changes to the configuration (for example, disable certain ports) to protect the common infrastructure,
• Remove malicious files if necessary to maintain system integrity (in emergency cases).

2.3.3. Notification

• The Company will try to notify the Client (by email or in the personal account) as soon as possible about the threat that has occurred and the measures taken.
• If the situation requires an immediate response (for example, a DDoS storm), the Company may act without prior notice. The notification will be sent after the fact, when the immediate threat has been eliminated.

2.3.4. Termination of the Agreement in Case of DDoS

• If the Client's server is systematically subjected to incoming DDoS attacks (and the Client does not take protection measures, or it is not possible to protect the network) and this negatively affects the operation of the entire infrastructure, the Company has the right to terminate the agreement without refund for the remaining period.
• If the Company determines that an outgoing DDoS attack (or similar hostile actions) against other resources is originating from (organized by) the Client's server, this is considered a gross violation of the Terms of Service. In this case, the Company may disconnect the services without prior notice and terminate the agreement without compensation.

2.3.5. Exception for SLA and Refunds

• In cases where suspension or blocking is caused by a critical threat from the Client's server (DDoS, phishing, compromised host), downtime is not counted in the SLA, and refunds are not provided for it.
• If the Client believes that the blocking was erroneous, they can provide evidence/logs confirming the absence of violations. In this case, the Company may reconsider the decision and restore the service if the Client's innocence is proven.

2.4. Prohibition of Commercial Espionage

• The Company strictly prohibits access to its products and services by employees or representatives of competing organizations, as well as individuals acting in the interests of such organizations (counter-agents).
• In the event of detecting attempts at commercial espionage or suspicious activity aimed at gaining access to the Company's internal information and technologies, the Company has the right to immediately block access of the respective user without the obligation to disclose full information about the reasons for such a decision, guided by internal security measures.

3. Scope of Services and Backup

3.1. Services Provided

• Hosting, server rental, game servers (if available), additional licenses, SSL, etc., according to the description on the website and the selected tariff.

3.2. Backup

3.2.1. Company Responsibilities

• The Company may perform regular backup of Client data if this service is included in the tariff plan or paid for separately.
• Even with the backup service, the Company does not guarantee 100% data preservation in case of force majeure or unforeseen circumstances, but makes all reasonable efforts to protect the backups.

3.2.2. Disclaimer of Liability

• The Company is not liable for full or partial damage from data loss if the loss occurred due to reasons beyond the Company's control (force majeure, gross negligence of the Client, etc.).

3.2.3. Right to Immediate Deletion of Backups

• If the Client stops paying for hosting and/or backup services, the Company has the right to delete all Client backups on the same day, as storing data on the Company's infrastructure requires costs.
• The Client must independently ensure the export of backups before stopping payment if they need the data.

3.3. Not Guaranteeing 100% Absence of Leaks

• The Company takes all reasonable technical and organizational measures for data security, but cannot guarantee absolute protection against hacks and leaks (due to the continuous development of blackhat methods).
• In case of an incident (leak, hack), the Company undertakes to follow the response protocol, notify the Client (if the incident concerns their data), and take measures to limit negative consequences.

4. Payment and Taxes

4.1. Tariffs

• Tariff plans and rates are listed on the Company's website. All prices may be indicated without taxes, unless otherwise specified.

4.2. Payment Procedure

• Payment is considered completed after funds are credited to the Company's account. The Client is responsible for making timely payments.
• In case of late payment, the Company may suspend the provision of Services, warning the Client via email or in the personal account (except for immediate blocks related to security threats).

4.3. Taxes

The Client is responsible for paying taxes and fees that may be applicable under the laws of their country.

4.4. One-time Setup Fee

• When ordering services, if a one-time setup fee is included, this amount is non-refundable in case of a refund request and cannot be credited to the Client's balance.

5. Term, Termination, and Data Deletion

5.1. Term

The Agreement is valid during the paid period. When payment is extended, the Services continue.

5.2. Termination by the Client

• The Client may terminate the Agreement at any time by sending a request to support or disabling the service in the personal account.
• If termination occurs before the end of the paid period, a refund is not provided, except for cases explicitly specified in the "Refunds" section (or if required by local law).

5.3. Termination by the Company

• If the Client systematically violates the Terms (non-payment, illegal content, DDoS), the Company has the right to terminate the Agreement.
• In case of gross violations threatening security, blocking may occur immediately without prior notice.

5.4. Data Deletion

• By default, Client data (including backups) may be deleted on the same day when the Client stops paying for the service or the Agreement is terminated.
• The Company is not obliged to store Client data for free after the end of the paid period.
• If the Client wants to keep backups or transfer data, they must do so before the date of service disconnection.

6. Refund Policy

6.1. General Principles

• Detailed refund policy may be set forth in a separate document or on the website. This section contains key provisions.
• Mandatory norms (e.g., consumer protection laws in the EU, Russia) take precedence over any restrictions.

6.2. Reasons for Refund

• If the Services significantly do not meet the stated technical parameters or SLA (provided there is no force majeure or gross actions by the Client).
• The refund request must be submitted within 3 days of discovering the discrepancy.

6.3. Exceptions

• Payments for domains, licenses, SSL, third-party software, non-cancellable services are usually non-refundable.
• If blocking occurred due to illegal activities of the Client, refunds are not provided.

6.4. Processing Times

Refunds are processed within 14 business days from the decision to reimburse. The payment system commission may be withheld.

7. Force Majeure

7.1. Definition of Force Majeure

Force majeure includes events beyond the reasonable control of the Company: major natural disasters, military actions, government restrictions, global network failures, etc.

7.2. Backup Infrastructure

• The Company strives to maintain backup capacities (backups, reserve channels), however, complete protection against all possible catastrophes cannot be guaranteed.
• If the failure is caused by clearly organizational errors, negligence, or lack of necessary reserves without objective reasons, this is not considered force majeure (the Company bears responsibility according to the "Limitation of Liability" section).

7.3. Consequences of Force Majeure

• Upon the occurrence of force majeure circumstances, the obligations of the parties are suspended until they are eliminated.
• The Company undertakes to make every effort to minimize damage and inform the Client about the status of work.

8. Limitation of Liability

8.1. General Limitation

• The Company is not liable for any indirect, special, incidental, or consequential damages (including lost profits, loss of data or reputation), unless local mandatory norms prescribe otherwise.
• The Company does not guarantee 100% absence of leaks and cyberattacks, however, takes all reasonable measures to prevent and eliminate such incidents.

8.2. Liability Limit

• The maximum amount of compensation from the Company for any damages under this Agreement is usually limited to the amount actually paid by the Client for the billing period.
• If local legislation requires higher compensation (e.g., in case of personal data leakage), the corresponding mandatory norms apply.

8.3. Responsibility for Client Content

• The Client is solely responsible for the legality, accuracy, and security of content placed on the Company's servers.
• Upon identifying prohibited content, the Company has the right to block access to Services (see "Prohibited Content" section below).

9. SLA (Service Level Agreement)

9.1. Basic SLA

• By default, the Company aims to ensure 99.9% availability (uptime) of its service per calendar year.
• 99.9% per year means that a total of up to ~8 hours 45 minutes of unavailability per year is allowed (8760 hours * 0.1% = ~8.76 hours).
• Monthly, this is about 43 minutes (720 hours * 0.1% = ~0.72 hours), but the calculation is on an annual basis, unless otherwise specified.

9.2. Individual SLAs by Product

• For some tariffs or products, a different SLA level may be established (e.g., 99.95%, 99.99%, etc.). In such a case, priority is given to the SLA specified in the description of the specific tariff/product.

9.3. Uptime Calculation

• Uptime is measured by the Company's monitoring system, which periodically (every 1-5 minutes) checks server availability from various geographical points.
• Upon Client request, reports from the monitoring system for a specific period may be provided.
• The uptime calculation does not include scheduled maintenance time (with advance notice) and force majeure.

9.4. Compensation for SLA Non-Compliance

• If the actual uptime for the year is lower than the stated level, the Client may request compensation in the form of a discount or credit note for the next payment period.
• Details of compensation calculation are specified in the SLA policy for the specific tariff.
• These compensations do not replace possible reimbursements under local laws if they establish mandatory liability for gross negligence.

10. Prohibited Content and Activities

10.1. Prohibited Content

• Pornography, calls for violence, extremism, incitement of hatred, phishing, distribution of malware, copyright infringement, etc. are strictly prohibited.

10.2. Blocking

• The Company may suspend access to Services without prior notice if it discovers gross violations (e.g., child pornography, mass DDoS, evident illegal activity).
• In less critical cases (suspicion of violation), the Company gives the Client a notice (48 hours) to resolve the issues. If the Client does not respond, access may be blocked.

11. Dispute Resolution Procedure

11.1. Pre-trial Procedure

The parties make efforts to resolve disagreements through negotiations and exchange of claims (response period - 30 days).

11.2. Judicial Review

• If pre-trial settlement does not yield results, the dispute may be considered in court at the place of registration of the Company or at the place of residence (registration) of the Client, if required by mandatory consumer protection norms.

12. Final Provisions

12.1. Partial Invalidity

If any provision of these Terms is found to be invalid or unenforceable, this does not affect the validity of the remaining provisions.

12.2. Priority of Special Policies

If special SLA, Refund Policy, or other policies are provided for individual products, they take precedence over the general provisions of these Terms in case of contradictions.

12.3. Contacts

• Email: [email protected]
• Address and details (Individual Entrepreneur / legal entity): see Privacy Policy or information on the website.

By using our Services, you confirm that you have read and agree to these Terms. In case of disagreement, you must stop using the Services and notify the Company.