Terms of Service

Last updated: 30 July 2025

IMPORTANT – PLEASE READ CAREFULLY
These Terms of Service (“Agreement”) constitute a legally binding contract between hostfactor.eu (“hostfactor.eu,” “Provider,” “we,” “us,” or “our”) and the individual or entity that accesses or uses any hostfactor.eu product or service (“Customer,” “you,” or “your”). By registering an account, accessing our website at hostfactor.eu (“Site”), or using any hostfactor.eu service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and any documents incorporated herein by reference. If you do not agree, you must not use our services.

1. Definitions

   1. Services means all web-hosting, virtual private server (VPS), domain, and ancillary services provided by hostfactor.eu.
   2. Customer Data means any data, content, or material uploaded, stored, or transmitted by you through the Services.
   3. Force Majeure has the meaning set forth in Section 10.

2. Eligibility, Accounts, and Customer Data

   1. Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Services.
   2. Accurate Information. You agree to provide complete, accurate, and up-to-date contact and billing information. We may request government-issued photo ID and/or a recent utility bill to verify identity. Failure to provide accurate information, or provision of false information, may result in immediate suspension or termination without refund.
   3. Account Security. You are solely responsible for maintaining the confidentiality of your username, password, and other access credentials. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

3. Not Allowed on Our Servers

   1. Illegal Content: Child sexual abuse material (CSAM), Copyright-infringing content (pirated media, warez), Hate speech, threats, or content inciting violence, Phishing or fraudulent sites, Content promoting terrorism or extremism, Sale or distribution of illegal substances, weapons, or counterfeit goods.
   2. Security Threats: Malware, viruses, trojans, backdoors, DDoS tools or scripts, Hacking tools or tutorials, Botnets or C&C servers.
   3. Prohibited Services or Scripts: Proxy servers or VPNs, IRC servers or bouncers (e.g., psyBNC), Torrent trackers or seedboxes, Crypto mining scripts, Game servers, Mass email scripts or spam tools, CPU/RAM-intensive applications.
   4. Adult Content: Pornographic or sexually explicit material, Nudity or adult dating.
   5. Resource Abuse: Cron jobs running too frequently, Long-running background processes, Excessive database usage or connections, Inbound email spam scripts.
   6. Crypto Mining: CPU/GPU/ASIC mining.
   7. Other Forbidden Uses: TOR exit nodes, Game servers, Hosting fake shops or scam pages, Pirated Windows licenses or cracked software, Unauthorized copies of commercial applications, Spoofed traffic or packet manipulation, Port scanning or brute-force attacks, Copyright-infringing material (DMCA violations).

4. Service Fees, Billing, and Payment

   Fees are displayed on the Site at the time of order and are exclusive of VAT unless expressly stated otherwise. Romanian VAT (currently 19 %) is added for all Romanian and EU Customers who do not provide a valid EU VAT number. Services begin on the date payment is received and automatically renew for successive periods equal to the initial term unless you cancel at least fifteen (15) days before renewal. Late payments may result in immediate suspension or termination without notice, and all sales are final unless otherwise required by law or expressly provided in the SLA credits.

5. Refund Policy

   The product is automatically delivered after the payment. All hostfactor.eu products are pre-paid. Due to the nature of our services being digital products, all sales are final and non-refundable. Once a service is provisioned and made available to you, it is considered "performance begun." In accordance with the EU Consumer Rights Directive (Directive 2011/83/EU), the right of withdrawal (or "cooling-off period") does not apply to contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and their acknowledgment that they thereby lose their right of withdrawal. By purchasing our services, you expressly consent to the immediate commencement of performance and acknowledge the loss of your right of withdrawal. This policy ensures fairness given the immediate access and resource allocation involved in digital hosting services.

6. Service Level Agreement (SLA)

   We guarantee 99.9% network uptime each calendar month, measured solely at the network layer. Scheduled or emergency maintenance, customer-caused outages, DDoS attacks, or issues beyond our reasonable control are excluded. If network uptime falls below 99.9 %, you may request a credit equal to 10 % of the monthly fee for each full 1 % below 99.9 %, up to 100 % of the monthly fee. Credits are applied to future invoices and must be requested within seven (7) days of the incident via a billing ticket. SLA credits are your sole and exclusive remedy for downtime.

7. License and Intellectual Property

   hostfactor.eu retains all rights in the Services, software, and trademarks. We grant you a limited, non-exclusive, non-transferable, royalty-free license to use any hostfactor.eu software solely for your internal use in connection with the Services. You retain ownership of Customer Data and grant hostfactor.eu a worldwide license to host, store, and transmit it solely to provide the Services.

8. Acceptable Use Policy (AUP)

   You may not use the Services for spam, copyright infringement, distribution of child sexual abuse material, denial-of-service attacks, malware, or any illegal activity. Prohibited uses also include TOR exit nodes, open proxies, torrent trackers, IRC servers, and resource abuse. Violations may result in immediate suspension or termination and forfeiture of prepaid fees. If spam activity is detected, the associated service will be immediately suspended, and a €10 reactivation fee will be invoiced and must be paid before the service is unsuspended.

9. Backup Obligations

   hostfactor.eu performs no routine backups of Customer Data. You are solely responsible for maintaining off-site backups. hostfactor.eu is not liable for lost, corrupted, or inaccessible data under any circumstances.

10. Privacy and Data Protection

    Our Privacy Policy explains how we collect, use, and protect personal data. Unless required by law, we do not sell or rent your personal information.

11. Force Majeure

    hostfactor.eu is not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, riot, embargoes, governmental actions, fires, floods, earthquakes, strikes, or shortages of labor or materials. Lack of finances is not a force majeure event and does not excuse payment obligations.

12. Limitation of Liability

    To the maximum extent permitted by law, hostfactor.eu shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business opportunities. hostfactor.eu’s total aggregate liability shall not exceed the amounts actually paid by you in the three (3) months preceding the event giving rise to the claim.

13. Indemnification

    You agree to defend, indemnify, and hold harmless hostfactor.eu from any claims, liabilities, damages, or expenses arising out of your use of the Services, your violation of this Agreement, or your violation of any rights of another person or entity.

14. Termination

    hostfactor.eu may suspend or terminate your account if you violate this Agreement or applicable law. You may cancel any Service at any time by opening a billing ticket at least two (2) business days before the next renewal date. All outstanding invoices must be paid before cancellation is finalized. Upon termination, we may delete all Customer Data without liability.

15. Governing Law and Dispute Resolution

    This Agreement is governed by the laws of Romania. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Bucharest, Romania. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. Modifications

    hostfactor.eu may modify this Agreement at any time. Material changes will be posted on the Site with at least seven (7) days’ notice. Continued use of the Services after the effective date constitutes acceptance of the revised Agreement.

17. Severability

    If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

    This Agreement, together with any applicable Service Order, Privacy Policy, and AUP, constitutes the entire agreement between you and hostfactor.eu regarding the Services and supersedes all prior or contemporaneous agreements, proposals, or communications.

19. Contact

    For questions regarding this Agreement or the Services, please contact:
    hostfactor.eu
    Email: [email protected]