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TERMS & CONDITIONS
Before reading the Terms & Conditions, please be aware that:
- When we say “we” or “us” or “our” or “MyHBD”, we’re referring to the Hosting Big Data company that has been registered in the Netherlands.
- When we say “you” or “Client,” we’re referring to the person or entity that’s registered with us to use any services – products that we provide.
- we will be the sole arbiter as to what constitutes a violation of these Terms & Conditions.
Please read these Terms & Conditions carefully before using the Services. These Terms & Conditions apply to all users of the Services, including without limitation any sub-users. Using the Services in any manner constitutes your acceptance and agreement to be bound by these Terms & Conditions, and all other operating rules, policies, and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. IF YOU DO NOT AGREE TO THESE Terms & Conditions, YOU MAY NOT USE THE SERVICES AND YOU SHOULD EXIT THE WEBSITE AND STOP USE OF THE SERVICES IMMEDIATELY.
We reserve the right, at any time and from time to time, to amend or to modify these Terms & Conditions without prior notice to you, provided that if any such alterations constitute a material change to these Terms & Conditions, we will notify you by posting an announcement on the Website, or via email. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms & Conditions. For this reason, we encourage you to review the Terms & Conditions whenever you use the Services. If you do not agree to any change to these Terms & Conditions, then you must immediately stop using the Services. All services provided by us are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data, material, etc. in violation of any of the Netherlands’ laws is prohibited.
This document is divided into the following sections:
1. Some of the prohibited actions
2. Back Up, Scheduled Maintenance, and Downtime terms & conditions
3.Account Creation And Termination
7. Automatic Payment Liabilities
8. Opening a Dispute with Payment System
9. Event of Default by Customer
10. MyHBD’s remedy upon Default; Termination
13. Limitation of Damages or Liability
15. Rules for using our server
1. Some of the prohibited actions are (but are not limited to):
- Spamming, i.e. the sending of unsolicited email, from any of our servers or any server located on our network is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at MyHBD (Hosting Big Data);
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by our customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any of our hosted domains, or referencing any of our accounts, is prohibited;
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited;
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited;
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited;
- All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection;
- Configuring your service to act as an open-proxy;
- Virtual currency (cryptocurrency) mining (BitCoin, Ethereum, etc.);
- Any attempts to undermine or cause harm to our infrastructure or our clients is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network without the authorization of the owner;
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System;
- Interfering with, intercepting or expropriating any system, data or information;
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system;
- Misuse of system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO.
- Claims related to DDoS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or DDoS or DoS services;
- Any illegal or unlawful activity;
- Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities;
2. Back Up, Scheduled Maintenance, and Downtime terms & conditions:
- Customer agrees to maintain a current copy of all content hosted by us notwithstanding any agreement by us to provide back up services.
- We will use our commercially reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond our control or which are not reasonably foreseeable by us, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. We will provide at least 72 hours advance notice to the Client for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. We have no responsibility for downtime resulting from a user’s actions.
3. Account Creation And Termination:
To use the Service, you must register, or have previously established, an account with us. Creation and use of Accounts are subject to the following terms and conditions:
- When creating an Account, you are required to provide us with certain accurate, valid and up-to-date information such as, but not limited to, your full name, address, phone number, and email address. For a private person, the provided information should contain at least: the full name of the Account holder, address of residence, phone number, and email address. For a legal person, it is required to provide: a legal address, company registration number, phone number, email address, and the full name of the Account holder entitled to operate it on the behalf of the company.
- The maximum number of Accounts that a private or a legal person may register within us is limited to no more than one (1) Account.
- It is your obligation to maintain the provided Account information up to date. Keeping your contact information up to date may be critical for the purpose of receiving our support as contemplated by SLA.
- We provide customers flexibility over their own passwords, account access, and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security, and server security are the responsibility of the customer. We will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise, or hacking.
- We reserve the right, in our sole discretion, to terminate your access to all or any part of the Services at any time and terminate the Services, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms & Conditions or any law. Any such termination may result in the forfeiture and destruction of information associated with your Account. We may provide prior notice of the intent to terminate Services to you if such notice will not, at our discretion, run counter to the intents and purposes of these Terms & Conditions. Any fees paid hereunder are non-refundable and any fees owed to us before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as our costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Client by this Agreement will immediately be terminated, and Client shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions written belows in “Cancellation Procedure” paragraph. All provisions of these Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
At any time, we may request valid proof of the Account details you have provided, such proof as, but not limited to, a copy of your private ID or your company license and registration documents. Denial to comply or the fact of providing false Account details may lead to your Account suspension and termination.
4. Cancellation Procedure
Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient for security verification. Customers may submit a cancellation request via service page or help desk ticket. We are not able to schedule cancellation requests. Customer is responsible for any fees incur for services to customer if no formal cancellation request is submitted.
Please note that we keep logs of Clients’ activity and Personal Data for at least 36 months. mostly for the purpose of diagnosing and fixing of possible problems to occur later. This theme is addressed in our Privacy Policy in “Data retention” and “Data security” articles.
5. Finance and Refunds:
The account will be charged based on selected billing cycle for the service. Billing dates are recurring on the day the account was opened.
We will provide refunds on a case-by-case basis based on our SLA. In case of return of unused funds, the refund amount is equal to the amount of unused funds in the account, minus payment systems’ transfer commission costs.
Any violation of our Terms & Conditions Agreement shall result in no refund.
6. Credit Card Charge Backs:
A credit card chargeback fee equivalent to payment systems transfer commission costs. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the chargeback fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in service suspension or account termination (if the account is terminated all information within the account will be deleted).
7. Automatic Payment Liabilities:
When the client creates an automatic payment profile in order to pay for our services automatically, the customer is responsible for the cancellation of this profile when he no longer wants to use this method of payment for our services. MyHBD is not responsible for processing or refund of the payment which was received for non-existent or disabled service.
8. Opening a Dispute with Payment System:
Please note that MyHBD reserves right to immediately terminate all related to dispute accounts and services without refund if we consider your opened dispute with the payment system about the refund of the money paid for our services to be an abuse of the payment system (if the account is terminated all information within the account will be deleted).
9. Event of Default by Customer:
(Disabling of services due to overdue payment). All invoices are generated 7 days prior to the date of payment. If the customer fails to pay an invoice within 1 day after the missed payment date of that invoice, MyHBD reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service.
10. MyHBD's remedy upon Default; Termination:
In addition to all rights and remedies granted to MyHBD in this Terms & Conditions (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, MyHBD shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than 7 days, to terminate the Services provided to Customer, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to MyHBD all fees and other amounts due and owing for Services provided through and including the effective date of termination.
11.Dispute Resolution:
In case Any dispute between MyHBD and a Client is not settled by negotiations, they should be examined by the Arbitration Court in accordance with the effective Netherlands legislation, observing the rules of jurisdiction . Each party shall bear its own expenses and legal fees for the Arbitration Court. The court shall be conducted in the Arbitration Court of Enschede (in the Netherlands) or Overijssel province (in the Netherlands), or Gelderland province (in the Netherlands), unless both parties agree in writing to a different location. Any threat of a lawsuit against MyHBD can lead to the immediate termination of all services provided to you.
12.Indemnification:
Customer agrees to hold harmless and indemnify MyHBD, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arising out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
13.Limitation of Damages or Liability:
Except as described in the SLA, MyHBD shall not be liable to customer for harm caused by or related to customer’s services or inability to utilize the services unless caused by willful misconduct. MyHBD shall not be liable to customers for lost profits, indirect, special or incidental, consequential or punitive damages. Notwithstanding anything else in this Terms & Conditions agreement, the maximum aggregate liability of MyHBD and any of its employees, agents or affiliates, under any theory of law should not exceed the average monthly fees it has collected on the account. Except as otherwise provided in this Terms & Conditions agreement, MyHBD provides all products and services “As Is”, without warranty or any kind, whether express or implied, and disclaims all implied warranties, including but not limited to, the implied warranties of merchantability of fitness for a particular purpose. Customer shall be solely responsible for the selection, use, and suitability of any product and service and MyHBD shall have no liability associated with the foregoing. Customers are responsible for ensuring the security of servers.
14.Promotional Use:
MyHBD may refer to you, your company, or your logos for promotional purposes. Your company name, logos and the services that were provided to the customer by MyHBD may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on our website. This reference will be strictly limited to disclosure that we have provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at MyHBD. However, we may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
15.Rules for using our server:
In order for everything to work like a perfectly coordinated mechanism, order is needed. And in order to have order, we need rules. And we have them – therefore, we strongly ask you to familiarize yourself with them in order to avoid further misunderstandings and questions.
Any of the following actions on any of the servers and our tariffs are strictly prohibited and will most likely lead to the immediate blocking of the client (including his accounts registered under other names):
– intentional email spam, outgoing and incoming
– botnets, viruses, exploits, as well as redirects to sites that contain them
– child pornography, incest, porn involving animals, as well as sites with models looking younger than 18 years
– theft and fraud, as well as redirects to resources with such
– constant CPU load over 80%
– carding and everything related to it
– malicious actions against government (and other) organizations, as well as executive authorities
– activities that can lead to IP blacklisting (SpamHaus, StopForumSpam, SpamCop, Blocklist, antivirus databases and any other blacklists)
– organization of DDoS attacks from leased servers, as well as conducting “test” DDoS and other attacks on your server
– online pharmacies with illegal pharmaceuticals
– cryptocurrency mining
– replica sites/stores selling copies of watches, bags, clothes, etc.
– port and vulnerability scanning
– use of unlicensed Microsoft software
– adding and using IP addresses that do not belong to you.
And also – any other activities that may cause material or reputational damage to us and our customers. Of course, any actions that violate the laws of the country in which the corresponding server /VPS is located are prohibited. In case of such violations, we immediately block the server, issue a fine and appeal to law enforcement agencies. In case of an official request from law enforcement authorities, all the necessary information about the violator will be transmitted immediately.
If your VPS creates problems for other users (powerful DDoS attacks, excessive loads on the channel and disk subsystem, etc.), then we reserve the right to limit the corresponding load or refuse to provide services at any time and offer to move to a dedicated server in order to ensure stable and uninterrupted operation of other clients.
We are ready to refuse one client for the sake of peace and stability of the others.
Also, when using a VPS, it is prohibited to place trafogenerating scripts, websites and other resources (audio/video streaming, file storage, etc.)
Note: we do not limit the channel when installing VPS to specific values, by default your VPS can use the maximum channel width of the virtualization node, for example – 1 Gbit/s. We only reserve the right to limit the channel ONLY in case of constant abuse, or when such excess creates problems for other customers.
Regional unavailability of IP addresses due to blocking by providers, local governments or government agencies is not a violation of the agreement between the client and MyHBD.
Example: The IP address of the ordered virtual machine is not available to a client from Kazakhstan or Turkmenistan, because the authorities of these countries have required local providers to block access to a certain array of IP addresses. The provider cannot influence this situation: the IP address is routed and available globally on RIS/RIR servers and traffic exchange points, and therefore technically (from MyHBD) is announced to the whole world. In this situation, the client will have to order a new IP address or a new VPS – and perhaps the new address will be available (not blocked).
Important! MyHBD is not a “blocking bypass office”. We work in accordance with the laws of the countries in which we operate. MyHBD is a hosting provider, so we also do not provide technical capabilities of the subscriber to access the Network. Therefore, if the client cannot use the service due to blockages or their own problems with Internet access, this is not our area of responsibility and, accordingly, there can be no question of any refund for services.
16.General:
Terms & Conditions are subject to change without any prior notification. Content that does not meet these standards may be removed without prior notice to the Client.
These Terms & Conditions are a legally binding contract between the Client and MyHBD.
By opening an account, the Client agrees to the above-stated terms.
Anything not listed in the Terms & Conditions is open to interpretation and change by MyHBD administrators without prior notice.
Any violation of these Terms & Conditions will result in termination of the account. MyHBD maintains the right to terminate accounts without prior notification.
Any work or professional services performed or provided by MyHBD under this Agreement shall not be deemed as Work For Hire.
In the case that a customer is terminated for violating one or more of the MyHBD Terms & Conditions, we reserve the right to deny access to, and/or, destroy customer data stored on the offending server or account.
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of MyHBD and all (dedicated) servers must adhere to the above policies.