This is the Terms of Service Agreement (“Agreement”) between Abelohost B.V. (“Abelohost”) and you, which goes into effect as of the date of your use of this website (“Site”) or the date of your electronic acceptance.
This Agreement outlines the terms and conditions governing your use of the Site and the use of the products and services accessed or acquired through this Site (“Services”). It complements any specific terms and conditions applicable to each Service, rather than replacing them.
Whether you are exploring this Site only or you actually purchase some of the Services it offers, your use and acceptance of this Agreement indicate your understanding, acknowledgment, and agreement to its terms, along with all referenced policies and agreements, including applicable product agreements.
In case our Services involve processing any type of personal data or information, we will adhere to our Privacy Policy and, where relevant, our Acceptable Use Policy, both of which are incorporated herein.
The Site and Services are intended for your professional or commercial usage. Thus, you acknowledge and agree that your purpose is commercial or professional in nature by utilizing them.
In this Agreement, "we," "us," or "our" refer to Abelohost; "you," "your," "user," or "customer" refer to any individual (or entity) accepting this Agreement, accessing your account, or using the aforementioned Services. Under no circumstances does this Agreement confer third-party rights or benefits.
Abelohost reserves the complete right to amend this Agreement, policies, or incorporated agreements at its discretion, with changes made effective upon posting on the Site. Your continued use of the Site or Services after any and all such changes constitutes clear acceptance of the revised Agreement. If you do not agree with the last revised Agreement, please refrain from using or continuing to use the Site or Services.
Additionally, Abelohost may notify you of any such changes via email. Therefore, it is crucial that you ensure all your shopper account (“Account”) information is always updated and current to facilitate the receipt of notifications.
Abelohost is not liable for any consequences resulting from your failure to receive email notifications, regardless of the reason.
Eligibility
Access to this Site and its Services is limited to individuals or entities legally capable of entering into binding contracts under applicable law.
By accessing or using this Site or any of its Services, you affirm and warrant that:
- you are at least eighteen (18) years of age;
- you are recognized as capable of forming legally binding contractual obligations under applicable law; and
- you are not prohibited from purchasing or utilizing the Services under the laws of the Netherlands or any other relevant jurisdiction.
If you are agreeing to these terms on behalf of a business or other legal entity, you confirm that you have the legal authority to bind that entity to this Agreement. In such a case, the terms "you", "your", "user", or "customer" shall apply to that entity. If it is later determined that you lacked such authority, you agree that you will be personally accountable for fulfilling all obligations under this Agreement, including any and all associated payment responsibilities.
Abelohost will not be liable for any losses or damages that result from relying on instructions, notices, documents, or communications that it reasonably believes come from an authorized representative of your organization. Should there be reasonable doubt as to the authenticity of any such communication, Abelohost reserves the right—but is not obligated—to request further verification.
By continuing to use the Site or its Services, you also agree to be held accountable (via the terms of this Agreement) for all transactions and activities undertaken by you, your agents, or any individuals using your account, whether or not such use is authorized by you.
Restricted locations
You confirm and warrant that you are not a resident of, nor will you use or distribute Abelohost’s Services in, any country or region subject to comprehensive sanctions imposed by the United States. Currently, the list of prohibited jurisdictions includes: Cuba, Iran, North Korea, Syria, Sudan, Russia, Belarus, Libya, Myanmar, Somalia, South Sudan, Iraq, Lebanon, Liberia, Burundi, Central African Republic, Democratic Republic of the Congo, Ivory Coast, Yemen, Zimbabwe, Venezuela, Montenegro, the Dominican Republic, Crimea, Donetsk, and Luhansk.
You acknowledge and accept that this list is subject to change, and you consent to immediately comply with any updates or additions as they are made.
You further agree to cooperate fully with any sanctions screening procedures conducted by Abelohost, including the provision of requested information. Should any competent authority investigation into your compliance with applicable sanctions take place, your full cooperation will also be required.
Additionally, you consent to indemnify and hold Abelohost harmless from any loss, damage, penalties, or legal expenses arising from your breach of the aforementioned geographic restrictions.
Accounts and use of services
To access certain features of this Site or utilize specific Services, you will be required to register and create an Account. By creating an Account, you represent and warrant that all information provided during the registration process is truthful, current, and complete. You also agree to maintain the accuracy and completeness of your Account information over time.
If Abelohost determines that your Account details are false, inaccurate, outdated, or incomplete, we maintain the right to suspend or terminate your Account without prior notice, at our sole discretion.
You are solely responsible for all actions taken through your Account, regardless of whether those actions were authorized by you. You must take all necessary precautions to safeguard your login credentials, including your customer ID, password, and any associated Payment Method(s).
Should you become aware of any unauthorized access to your Account or other security breaches, you are required to notify Abelohost immediately. While Abelohost disclaims responsibility for losses incurred due to unauthorized access, you may be held liable for losses sustained by Abelohost or others arising from any such unauthorized use.
Account sharing
Certain Services may permit you to grant another individual limited access to your Abelohost Account, depending on the level of permissions you assign. You may revoke this access at any time.
By authorizing another individual to access your Account, you confirm and agree that:
- you have an existing and trusted personal or professional relationship with the individual;
- you are willingly granting the individual the ability to access and manage your Account;
- based on the permissions provided, the individual may access certain personal information associated with your Account, such as billing details (excluding full payment method data);
- the individual will have access not only to your current Account configuration but also to any future modifications (e.g., access to new add-on domains if hosting access is granted);
- if you explicitly allow the individual to contact Abelohost's Customer Support on your behalf, they may interact with our support team, access service-related details, and view your chat history, including any contained personal information. However, they will not be permitted to alter or view your login credentials (your password, for instance), delete your Account, or authorize access for additional users.
By extending access to your Account, you assume full legal and financial responsibility for that decision. You agree to indemnify and hold Abelohost harmless from any consequences, damages, or liabilities resulting from the actions (or inactions) of any individual you authorize.
As the registered Account owner, you will be entirely responsible for all use and activity associated with your Account, regardless of whether such activity was directly authorized by you.
Account resources
Customers are entitled to use only the resources—such as disk space, bandwidth, and Mbps speed—allocated in their Order Form. Any use exceeding these limits may incur additional charges. In case that usage surpasses acceptable levels to the extent that it negatively affects other customers on the same server, Abelohost reserves the right to temporarily deactivate your service until the issue is resolved.
Availability of services
Subject to the terms outlined in this Agreement, as well as any of our other applicable policies and procedures, we will endeavor to provide access to this Site and its Services on a continuous, 24/7 basis. However, by accepting the terms of this Agreement, you acknowledge and accept that there may be occasions when the Site or Services are temporarily unavailable or inoperable for reasons that may include, but are not limited to: equipment failures; routine or emergency maintenance, repairs, replacements, or events outside of our reasonable control or that could not have been reasonably anticipated and prevented. These may also include, without limitation, failures or interruptions in telecommunications or digital transmission links, denial of service or other malicious attacks, excessive network traffic, or other infrastructure issues.
You further understand and agree that we cannot guarantee uninterrupted or error-free access to the Site or Services, and we accept no liability to you or any third party for any periods of unavailability or access disruptions.
Payment
You agree to remit payment to Abelohost for (i) the Service(s) provided during the initial subscription term and any applicable renewal terms, and (ii) any supplemental or emergency services and equipment (“Supplemental Services”) that fall outside the scope of the Services defined in your Order Form(s).
You further authorize Abelohost to carry out such Supplemental Services on your behalf and agree to pay the associated charges. Additionally, you consent to provide personally identifiable information upon request for legitimate business verification purposes.
Abelohost reserves the right to deny service to any user unwilling or unable to verify their identity.
All fees must be paid in accordance with the pricing and terms outlined in your Order Form(s), including, but not limited to, fees for Supplemental Services, Professional Services, account reinstatement, server upgrades, or migrations. Charges will reflect Abelohost B.V.’s current pricing and policy structures.
Invoice notifications
Invoices will be sent to the primary email address associated with the account, in accordance with the applicable billing terms. However, Abelohost cannot guarantee that the emails will be delivered and received by the client. As an alternative, clients are provided access to a Billing Control Panel (also known as the Client Portal), where they can view and settle invoices directly.
Suspensions and termination
If payment is not received within three (3) days after the invoice due date, Abelohost may suspend or permanently terminate the associated service without further notice. This may include deletion of all associated data, including but not limited to emails, files, and other content
Account cancellations
Customers not bound by contractual terms may cancel their accounts during any billing cycle. Cancellations take approximately four (4) days to be effective, so they must be made in advance via the Client Portal. Abelohost shall not be responsible for any charges incurred post-cancellation. In cases where payment is processed after a valid cancellation, a refund may be issued at our discretion.
Payment fees
International wire transfers originating from outside the European Union will incur a mandatory processing fee of €20 per invoice. This fee applies to all payments made directly to Abelohost’s bank account via international transfer.
Refunds
Abelohost offers a 30-day money-back guarantee for shared hosting and VPS plans. Refunds are not available for payments made via cryptocurrency, under any circumstances. Additionally, no refunds are issued for domain name registrations or control panel licenses.
After the 30-day period after the initial order has elapsed, no full, partial, or prorated refunds will be issued for any service.
If our services are purchased for purposes that violate our terms or involve prohibited or illegal activity, Abelohost reserves the right to deny any refund and may terminate the account immediately and without prior notice.
For more in-depth information about our Refund Policy, please refer to our dedicated page found here.
Chargebacks
Initiating a chargeback or dispute through PayPal or any other payment provider without first contacting Abelohost and attempting to resolve the issue will be considered a fraudulent act. In such a case, the services continue to operate for an indefinite period, meaning that we have the right to refuse the refund.
Acceptable use
By using this Site and the associated Services, you acknowledge and affirm that:
- Your use of the Site and Services—including any submitted content—will be strictly for commercial or business purposes, and will fully comply with this Agreement as well as all applicable local, national, and international laws, regulations, and rules.
- You will not gather or facilitate the collection of any User Content (as defined herein), personal data, or other confidential information belonging to another user or third party without their clear prior written authorization.
- You will not engage in any activity via the Site or Services that violates Abelohost’s Acceptable Use Policy, as determined solely at Abelohost’s discretion.
- You agree not to modify, tamper with, or alter any component of the Site, the Services, or the underlying technologies supporting them.
- You are solely responsible for regularly backing up your User Content for future access or use. Abelohost makes no guarantee that your Account or data will be backed up, and you assume full responsibility for any data loss.
- You will not repackage, resell, or otherwise commercially redistribute any part of the Services or Abelohost’s associated technologies without obtaining prior written approval from Abelohost.
- Upon request, you agree to provide valid government-issued photo identification and/or official business registration documents to verify your identity.
Violation of any of the terms outlined above may result in temporary service suspension or permanent termination of your account.
Additional reservation of rights
Content monitoring
Abelohost reserves the right to monitor all activity occurring across its network. While not obligated to do so, we may review User Content to determine its appropriateness and compliance with this Agreement. We retain the right, at our sole discretion and without prior notice, to remove any User Content—whether hosted on websites powered by Abelohost or submitted directly to this Site—if it violates any part of this Agreement.
Additionally, we may terminate your access to the Site, Services, or your Account if we determine (at our sole discretion) that you have engaged in or promoted activities such as child exploitation, child pornography, terrorism, or if we have reason to believe you are a repeat offender.
In such cases, Abelohost may delete and permanently destroy all content, data, and backups associated with your account. Importantly, if any single service is found to be involved in prohibited conduct, we reserve the right to terminate the entire account, regardless of whether other services were involved in said prohibited conduct.
Account restriction and termination
Abelohost retains the exclusive right to deny, cancel, suspend, restrict, lock, modify, or terminate any Account or Service (including control of domain name registrations) at our sole discretion. Grounds for such action may include, but are not limited to:
- Correction of errors related to your Service or domain registration;
- Maintenance of registry stability or integrity;
- Fraud detection and abuse prevention efforts;
- Mitigation of any network or server instability.
We also reserve the right to immediately terminate any and all Services, without prior warning, if we deem that you are harassing or threatening Abelohost and/or any of its employees.
Additionally, we reserve the right to access, modify, or edit your Account or Services—including User Content and Submissions—if required to provide support or maintain service quality. Abelohost shall not be liable for any resulting data loss or damage arising from such modifications.
Forced updates
To safeguard the security and integrity of our systems, Abelohost reserves the right to perform forced updates and take any necessary actions to eliminate vulnerabilities found within client services.
This includes closing security gaps in outdated software that pose risks to other users or could be exploited for unlawful purposes. Abelohost may take all reasonable steps to enforce such updates, even without user consent.
LIMITED WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL SERVICES AND CONTENT PROVIDED THROUGH THIS SITE ARE OFFERED STRICTLY ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ABELOHOST, ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES—WHETHER STATUTORY, EXPRESS, OR IMPLIED—INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ABELOHOST MAKES NO WARRANTIES REGARDING:
- THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
- THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY EXTERNAL WEBSITES ADVERTISED ON THIS SITE (VIA HYPERLINKS, FURTHERMORE, YOU ANNER ADS, OR OTHERWISE), AND
- THE RELIABILITY OR PERFORMANCE OF ANY SERVICES OFFERED ON THIS SITE OR ON SAID THIRD-PARTY SITES.
FURTHERMORE, YOU AGREE THAT NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ABELOHOST—WHETHER BY ITS EMPLOYEES, AGENTS, CUSTOMER SUPPORT, CHATBOT, OR THIRD-PARTY PROVIDERS—SHALL BE CONSIDERED LEGAL OR FINANCIAL ADVICE, NOR SHALL IT CREATE ANY WARRANTY OF ANY KIND, WHETHER CONNECTED TO THE SITE ITSELF OR THE SERVICES. YOU AGREE NOT TO RELY ON SUCH COMMUNICATIONS AS A SUBSTITUTE FOR PROFESSIONAL COUNSEL.
THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND REMAINS IN EFFECT EVEN AFTER THIS AGREEMENT IS TERMINATED OR YOUR USE OF THE SITE OR SERVICES ENDS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ABELOHOST, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD-PARTY SERVICE PROVIDERS, SHALL NOT BE HELD LIABLE TO YOU—OR TO ANY OTHER PERSON OR ENTITY—FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM:
- THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE;
- THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED TO THIS SITE (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE);
- THE SERVICES PROVIDED ON THIS SITE (INCLUDING THOSE AVAILABLE THROUGH YOUR ACCOUNT) OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
- ANY POTENTIAL LOSS OF BUSINESS, REVENUE, PROFITS, OPPORTUNITIES OR ANY OTHER COMMERCIAL DAMAGES, AS WELL AS PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
- ANY TYPE OF THIRD-PARTY CONDUCT;
- UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, AND ANY DATA, PERSONAL INFORMATION, OR FINANCIAL INFORMATION STORED THEREIN;
- DATA LOSS DUE TO HARDWARE FAILURE, SOFTWARE ERRORS, UNAUTHORIZED ACCESS, OR OTHER UNEXPECTED EVENTS;
- ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
- ANY VIRUSES, WORMS, OR OTHER TYPES OF MALWARE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (VIA HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE;
- ANY USER CONTENT THAT MAY BE CONSIDERED DEFAMATORY, HARASSING, ABUSIVE, HARMFUL, OBSCENE, PORNOGRAPHIC, OR OTHERWISE OBJECTIONABLE; AND/OR
- ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
YOU ALSO AGREE THAT ANY LEGAL CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THIS SITE OR THE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM. AFTER THIS TIME, SUCH CLAIMS ARE PERMANENTLY AND OFFICIALLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY TO THE TERMS OF THIS AGREEMENT, IN NO EVENT SHALL ABELOHOST’S TOTAL COMBINED LIABILITY EXCEED THE ACTUAL AMOUNT YOU PAID FOR THE SERVICE WHICH GAVE RISE TO SUCH DAMAGES DURING THE 12-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OCCURRED OR 10,000 EUR, WHICHEVER IS LESS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
Indemnity
You agree to indemnify, defend, and hold Abelohost and its affiliates, including its officers, directors, staff, representatives, and third-party service providers, harmless from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) that result from or are connected to:
- Your access to or utilization of this Website or the Services;
- Any breach or violation by you of the terms outlined in this Agreement or in any related policies;
- Your violation or infringement of any third party’s rights, including but not limited to intellectual property or proprietary rights.
This duty to indemnify will remain in effect even after the termination of this Agreement or the discontinuation of your use of the Website or Services.
Force majeure
Abelohost shall not be deemed responsible for any delay or inability to fulfill its obligations under this Agreement when such delays or failures result, either directly or indirectly, from circumstances beyond its reasonable control. These uncontrollable events may include, but are not limited to: unexpected accidents; disruptions in electricity or communication services; changes in laws or regulatory requirements; civil unrest or military operations; terrorism, war, or similar hostilities; acts of nature including floods, fires, earthquakes, or severe weather; labor strikes or other workforce interruptions; nuclear accidents; or comparable unforeseen situations. Abelohost shall also not be liable for any resulting losses—whether indirect or direct—that may occur due to such non-performance related to the abovementioned force majeure events.
For the purposes of this agreement, the term “damage” shall encompass, without limitation: lost revenue or profits; expenses incurred in preventing or limiting further consequences; and indirect impacts including, but not limited to, harm to systems, data, or information assets.
Moreover, should Abelohost experience delays in establishing necessary connections or be unable to meet the conditions set forth in any Service Level Agreement (SLA) due to setbacks in activating essential (fixed) communication or power networks, it shall not be held accountable for any damage caused as a result.
Both parties agree that, in the event of a force majeure, they will each make reasonable, good-faith efforts resume fulfillment of their contractual obligations as soon as doing so is reasonably practical, unless otherwise agreed upon in writing.
If the Client has an arrangement in place with Abelohost regarding invoice crediting, service outages, and/or downtime, monthly downtime shall be calculated only in cases where the failure results from willful misconduct or gross negligence on the part of Abelohost. This calculation shall explicitly exclude periods of disruption caused by issues such as external or internal cable damage, DDoS (Distributed Denial-of-Service) attacks, hardware or software failures, configuration adjustments, or software updates. These scenarios are considered part of the Client’s own risk and responsibility.
Further, the Client is also responsible for obtaining adequate insurance coverage to protect their hardware, software, and any related services or products. This insurance should include protection against potential income loss, third-party liability, and any losses stemming from force majeure conditions.
Additionally, the Client assumes full responsibility for all services received through Abelohost. Thus, if any actions by the Client result in the need for Abelohost to conduct repairs or remediation, the Client agrees to fully reimburse Abelohost for the associated costs. Such services may include, but are not limited to:
- Mitigating DDoS attacks directed at the Client;
- Addressing electrical malfunctions in the Client’s rack(s); and
- Resolving any IP subnet issues caused by the Client at the server facility.
Applicable law and conditions
This Agreement, together with any associated Service Orders, is governed solely by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Any legal disputes arising from or in connection with this Agreement shall be handled exclusively by the competent courts located in Amsterdam, the Netherlands.
Furthermore, as a Customer, you are obligated to comply with all relevant Dutch laws, administrative regulations, and legal codes when using our hosting services, including those pertaining to the type of content hosted on our infrastructure.
Affiliate program
Abelohost offers an affiliate program subject to separate terms and conditions. Participation in the affiliate program is governed by both these Terms of Service and the Affiliate Agreement, which outlines eligibility, commission structure, and other applicable rules. By enrolling in the program, you agree to comply with those terms without exception and as outlined in the Affiliate Agreement. Full details can be found here.
Contact information
If you have any questions, concerns, or require clarification about this Agreement, you are welcome to reach out to us via email or postal mail at the address provided below:
Abelohost B.V.
Daalwijkdreef 47, 1103AD
Amsterdam
The Netherlands
info@abelohost.com
Terms
Abelohost retains the unilateral right to amend, update, or revise the terms outlined in this Agreement at any time, without prior notification to customers, non-customers, or the public at large.
Clients are subject to and must adhere to the most current version of the Agreement as it stands at the time of use. Any decision by Abelohost or its representatives not to enforce a particular provision shall not be interpreted as a waiver of the right to enforce that same provision—or any other—in the future.