Terms of Service
Last updated: September 27, 2020
Please read these Terms of Service carefully before using our website, operated by 100UP Hosting.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Our affiliate system aims to provide clients a chance of receiving account credits in exchange for referring new customers. Payouts will only be given via account credits. Falsely representing us in efforts to gain credits is not allowed. All billing issues relating to affiliate accounts must be reported to us within 7 days.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 100UP Hosting.
100UP Hosting has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 100UP Hosting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
In general, all our services are prepaid. Refunds may be granted within 7 days after the activation of your Service with a good reason. The decision is made on a case by case basis. Violating our TOS makes you inelibigle for any refund. Only PayPal and Bank Transfer refunds are possible! Please contact us for further details.
Credit card or PayPal chargebacks and payment disputes are prohibited and may result in termination or suspension of your services without any warning. Chargebacks or disputes will disqualify the client from receiving a refund for any payments, and may prohibit future ordering. If you have an issue with a payment or product, please contact us.
Termination (Service Abuse & Acceptable Use)
By using our Services, you agree to not abuse systems or networks in any way that may harm the usability of other client services, or harm outside networks or individuals.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Example reasons can be:
- harming outside networks (outgoing (d)DoS attack)
- harming other users (hosting or distributing malicious files or malware e.g. "mirai")
- abnormal high network usage (over 90 Mbit/s download/upload or high pps (packets per second)) for an extended period of time (some hours)
- abnormal high CPU usage (over 90%) for an extended period of time (some hours)
- providing illegal content (copyright or trademark infringement)
- piracy (using of cracked licenses of for example teamspeak servers or other software)
- tor exit nodes
- hosting fraud or phishing
- hosting gambling or lottery sites
- unsolicited e-mail spam
- network scanning in any ways
- harming other users on the host system or the host system itself
If your IP which is assigned to your service gets blocked by our provider OVH, we will suspend your service immediately. You will have max. 1 week time to explain why this happened and what you will do to prevent this in the future. You maybe receive a second chance then.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
After expiration of a Service, your right to use the Service will immediately cease. If you wish to terminate your Service, you may simply stop paying the Service.
We are not responsible for reminding you to extend your Service or to pay invoices. You must pay invoices within 7 days to avoid deletion of that invoice.
- Automated Backups: All our services are backuped everyday automatically in the night (between 0:00 UTC and 6:00 UTC) via snapshot (no downtime) or suspend (some seconds downtime) mode. These backups are only created for administrative purposes such as disaster recovery (disk or raid failure). One Service can have max. 3 backups. If a new backup is created the oldest one will be deleted. You can restore one of those backups at any time in your customer center.
- Manual Backups (only for VPS): You can create a manual backup of your VPS in your customer center at any time. One VPS can have max. 3 backups. If a new backup is created the oldest one will be deleted. You can restore one of those backups at any time in your customer center.
You are responsible for the data on your service. We are not responsible for any data loss that may occur during rare incidents such as hardware failures, however if hardware failures occur we will attempt to restore data from our automated backups. You are responsible for the actions that occur on your service.
These Terms shall be governed and construed in accordance with the laws of Bavaria, Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All support request must be submitted through our ticket system in our customer center. We are not required to provide support via live chat, email, teamspeak, or other contact methods. We provide self-managed services, which means that the client is responsible for installing, configuring and managing his services.
If you have any questions about these Terms, please contact us.