General Terms of Service (ToS) – Updated on 21/07/2022
Introduction
AbeloHost B.V. agrees to provide and furnish services to the Customer, subject to the following Terms of Service (ToS). Use of the AbeloHost service constitutes acceptance and agreement to our Terms of Service (ToS). We reserve the right to make changes to the provided Terms of Service (ToS) as needed, without notice to our clients.
1. Delivery of Services and Terms
Customer agrees to pay AbeloHost B.V. the fees charged by AbeloHost B.V. for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay AbeloHost B.V. the fees charged by Abelohost B.V. for Supplemental Services, and hereby authorizes AbeloHost B.V. to perform such services on its behalf.
2. Use of AbeloHost B.V. services
To ensure the integrity and efficiency of all services provided by AbeloHost B.V., all Customers must abide to the service terms described below.
Also, please read the rules for registering domain names (Domain Registration Agreement).
2.1 Server space and bandwidth
Customer may only occupy the allocated disk space, bandwidth, and Mbps speed, as described in the Order Form. Additional fees will be charged for exceeding these resources.
When the said resources exceeds to the point that it is disrupting other accounts holders on the same server, AbeloHost B.V. reserves the right to deactivate the service until a resolution is reached.
2.2 Sharing account resources
We allow a Customer to share his or her account resources with other non-account holders. However, the account holder is solely responsible for any and all actions or activities performed using their account.
It is strictly forbidden to give away and/or sell the services provided by AbeloHost B.V. within or in addition to an existing account with AbeloHost B.V. Consequences may lead to permanent service suspension.
2.3 Excessive Resource Usage and/or Abuse
Any account that affects to full-function of operation of any other services provided to other Customers may face a temporary suspension until a resolution is reached.
2.4 Acceptable Use Policy
Activities identified in the https://abelohost.com/acceptable-use-policy/ are strictly forbidden. If any of these activities are detected, all accounts associated with these activities will be permanently terminated and no refund shall be granted.
2.5 Server Vulnerabilities and Updates
The client agrees to grant AbeloHost company permission to launch forced updates and close vulnerabilities in all possible ways to protect and ensure the security of all AbeloHost clients and servers. The company reserves the right to use all options at its disposal to stop the vulnerabilities in older software versions that may threaten other clients or be used to perform illegal activities on the company servers.
2.6 Restricted Locations
We do not offer our services to the following locations: Russia, Crimea, Cuba, Iran, North Korea, Syria, Sudan. If your account is associated with any of these locations, we’ll suspend your account without prior notice.
3. Fees and Payment Terms
Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by the Customer related to the Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current AbeloHost B.V. prices and policies.
3.1 Invoice Notifications
AbeloHost B.V. will send any invoices to the main email account of the owner of the account based on the service terms. AbeloHost B.V. cannot guarantee that this email will be received by the client. As an option, we provide the Customer a Billing Control Panel (also referred to as a Client Portal) where the service invoices can be reviewed and paid.
3.2 Suspensions and Termination
Any payment not received within three (3) days of the invoice due date, AbeloHost B.V. reserves the right to suspend the service without any notice. If after fourteen (14) days of not receiving payment confirmation, AbeloHost B.V. reserves the right to terminate the service, and consequently remove all existing content (data, emails, files, etc.), without any further notice.
3.3 Account cancellations
Customers who are not under contract can cancel their account in any billing cycle. Account cancellations must be made at least four (4) days in advance via our Billing Control Panel (Client Portal). AbeloHost B.V. is not responsible for additional charges made after cancellation. If a payment is deducted after cancellation, AbeloHost B.V. may refund it.
4. Intellectual Property Ownership
This Agreement does not transfer from AbeloHost B.V. to Customer any AbeloHost B.V. Technology, and all right, title and interest in and to AbeloHost B.V. will remain solely with AbeloHost B.V. This Agreement does not transfer from Customer to AbeloHost B.V. any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. AbeloHost B.V. and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.
5. Limited Warranties
Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow AbeloHost B.V. terms of service or otherwise breaches the Agreement in any respect.
5.1. No other Warranty
AbeloHost B.V. does not monitor or exercise control over the content of the information transmitted through its infrastructure. Use the services or any information that may be obtained there at Customer’s own risk. The services are provided on an ‘as is’ basis, and customer should use the services at its own risk. Except as provided in the order form(s), AbeloHost B.V. does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. AbeloHost B.V. does not warrant that the services will be uninterrupted, error-free or completely secure.
5.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
AbeloHost B.V. does not and cannot control the flow of information to or from AbeloHost B.V. network and other areas of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or areas thereof). AbeloHost B.V. cannot guarantee that such events will not occur. Accordingly, AbeloHost B.V. disclaims any and all liability resulting from or related to such events.
6. Limitations of Liability
In no events shall AbeloHost B.V. be liable for damages resulting from loss of data, profits, use of the AbeloHost B.V. site or any AbeloHost B.V. services, for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall AbeloHost B.V. cumulative liability exceed an amount greater than the clients’ associated hosting fee (less set-up fees, domain registration, and overages).
You agree to indemnify, defend, and hold harmless AbeloHost B.V. from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action and/or claims caused by or resulting indirectly from your use of our services.
Backup. Customer will be responsible for backup and other protection of its data against loss,
damage, or destruction. Abelohost B.V. will have no obligation or liability with respect to lost, damaged, or destroyed data.
7. Payments, Cancellations and Refunds
7.1 Payments
All invoices must be paid within 3 days after invoice has been emitted, in order to avoid suspension of the services. During these days, you will be receiving emails with payment reminder notes, if payment has not been processed, Suspension of services will be done on the 3rd day after invoice has been emitted. The Termination of the services will be done on the 15th day after invoice has been emitted; this means that the service we offer you will be cancelled and your data will no longer be available.
7.2 Cancellations
To terminate your service, you must cancel it via our Billing Panel (Client Portal). This can be done by logging in at https://bill.abelohost.com.
A Customer can also request cancellation to the ticket system that is accessible through the Billing Panel (Client Portal). A Customer must be logged into his or her account that uses the service for verification purposes.
In case of PayPal subscriptions, in addition to requesting cancellation via our billing panel at https://bill.abelohost.com, you must cancel any active PayPal recurring payment subscriptions by logging to your PayPal account and request the cancellation directly to PayPal. As AbeloHost B.V. does not have access to client’s PayPal account, we cannot and will not be responsible for unintended payments made from using the automatic payment subscription service. We do, however, provide refunds for unintended payments after cancellation upon request.
Cancelling your account removes your website’s files from our services. Be sure that you have copies of any files you want to keep before you cancel your account.
7.3 Refund policy
AbeloHost B.V. has a 30-days money back guarantee that applies for all shared hosting and VPS services. Cryptocurrency payments are not eligible for refunds under any conditions.
There is also no refund for payments made for any types of domains or control panel licenses.
Once 30 days from the date of the initial order are over, full refund, partial refund, or prorated refund is no longer applicable.
If a client orders our services for the purpose of engaging in illegal activities or activities that we have prohibited and listed in our prohibition list, we, AbeloHost B.V., have the right to refuse refunding this client. In addition, we have the right to terminate his or her client without prior notification.
7.4 PayPal Chargebacks
If a client requested a chargeback on a PayPal payment prior to the cancellation of his AbeloHost services, as well without any notification to AbeloHost B.V. and without attempting to reach a resolution, he or she is not entitled to a refund to the chargeback. We mark this activity as fraud because the the services continue to operate on AbeloHost B.V. for an indefinite period.
7.5 International bank transfers
If you are wiring money directly to the bank account of AbeloHost B.V. from a country outside of the EU, your payment is considered as an international bank transfer payment. All invoices paid via this method are required to pay an additional 14 euro fee.
8. Scheduled Downtime
Scheduled downtime occurs during notified downtime periods, with as much advance warnings as possible via e-mail with a minimum of 24 hours notice. Downtime caused by scheduled network upgrades will not be eligible for refund.
Abelohost makes no warranty or guarantee whatsoever regarding the Service, and to the extent permitted by applicable law, disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Applicable law and conditions
9.1 All agreements between the CUSTOMER and Abelohost B.V. are governed exclusively by Dutch law. Any applicability of the Vienna Sales Convention is excluded.
9.2 These General Terms of Service and any Service Order shall be interpreted in accordance with
Dutch Law. Any disputes arising out of or in relation to a Contract shall be exclusively brought before
the courts of Amsterdam.
9.3 The CUSTOMER shall observe all Laws, rules, codes and regulations applicable in Netherlands regarding the usage of Hosting Services and the types of Hosted Materials.
10. Affiliate Program Terms of Service
10.1 Affiliate Agreement Overview
This Affiliate Program Agreement (also “Agreement”, “Affiliate Agreement”, “Terms and Conditions”, “Affiliate Terms and Conditions”, ) is entered into by and between AbeloHost B.V., private limited company (“AbeloHost”) and the Partner (also ”You”, “Affiliate Partner”, “Affiliate”), and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Affiliate Program (the “Affiliate Program” or the “Services”). Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agreed to be bound by this Agreement, along with our general terms of service, which is incorporated herein by reference. The terms “we”, “us” or “our” shall refer to AbeloHost. The terms “you”, “your”, “User”, “customer” or “Affiliate” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. AbeloHost, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the AbeloHost website (this “Site”).
You acknowledge and agree that (i) AbeloHost may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, AbeloHost may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current. AbeloHost assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
10.2 Participation in the Affiliate Program
In order to enroll in the Affiliate Program, you need to submit your application through the affiliate signup form on the AbeloHost website (the Website). All affiliate signups are reviewed by us before deciding if an application is accepted. If we determine that your application is not suitable for the Affiliate Program, it may be rejected for any reason.
10.3 Your Responsibilities
As a AbeloHost Affiliate, you agree that:
It is your full responsibility to provide us with accurate account information and it is your responsibility to keep that information up to date.
Such information includes, but is not limited to: contact details, payment details, tax information, all website URL(s) where AbeloHost is promoted, promotional means and practices and any other details we may request. AbeloHost reserves the right to request any additional information about each website, where AbeloHost is promoted and any additional information about the practices used to promote AbeloHost on those websites. If by any means you fail to provide the requested data or the data is not accurate it may result in exclusion from the Affiliate Program, temporary suspension or termination of your Affiliate account and loss of any Commissions.
The Affiliate must act in good faith and refer clients in good standing. Clients in good standing are your referred web hosting account owners that have provided valid contact information, have active accounts that do not exceed any limitations as per the AbeloHost Terms of Service and are not flagged for high fraud risk. Active account refers to your referred new users who have created an account and have not canceled it in more than 30 days.
You should not make any recommendations or take any actions that would result in a potential revenue loss for AbeloHost.
You should not use any marketing practices that may attract clients that are not in good standing.
You should not act in your own will as per altering AbeloHost’s Links, without prior written approval from AbeloHost.
You shall not use self-referral methods, you can’t click on your affiliate links and/or banners and make orders via your unique affiliate link. Matching IP addresses that were used to log in to the Affiliate panel and to make the purchase, are going to be considered as self-referral and no exceptions will be made.
The Affiliate should not engage in any blackhat SEO/spam link building techniques in order to generate more referrals for AbeloHost.
You agree not to violate any applicable law.
You should be loyal to AbeloHost and should not misuse its confidence and shall not damage AbeloHost reputation.
Not to advocate, promote, or encourage violence or discrimination against any person, organization, or governmental entity.
If AbeloHost suspects or detects patterns of violations of the Affiliate Program Agreement, AbeloHost reserves the right, as a result of Program Agreement violation, to suspend and/or terminate your Affiliate account and cancel all Commission payments due.
10.4 Affiliate Advertising
Only promotional materials that are approved by AbeloHost may be used in the Affiliate’s Site in order to advertise AbeloHost. Approved promotional materials may contain AbeloHost trademarks, service marks, logos and slogans for you to display on your Affiliate Website. By signing this agreement we grant you a non-exclusive, limited and non-transferable license to access, download and place the approved promotional material on your website with the sole purpose to promote websites operated, controlled and owned by AbeloHost.
If by the decision of any party the Affiliate Agreement is terminated, upon termination your non-exclusive, limited and non-transferable license to access, download and place the approved promotional materials of AbeloHost will be immediately and automatically withdrawn.
Inappropriate ways of advertising include, but are not limited to:
The Usage of any illegal and/or spam method of advertising, such as: unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.;
Bidding on keywords and phrases containing the “AbeloHost” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval.
Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
Using iframes or any other techniques or technology that places your affiliate tracking cookie in any means other than an actual click-through;
Using link cloaking or masking techniques or technology with the goal to promote AbeloHost on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
Your website(s) must NOT contain illegal material.The declaration of any materials as such is subject to our reasonable opinion;
Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “AbeloHost” trademark or any other variations or misspellings confusingly similar to AbeloHost trademark, name, logo or domain name, without our prior approval;
Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names unless you have been duly authorized by the trademark owner.
AbeloHost shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding Commission payments due. Additionally, any rude, aggressive or offensive in any means of communication with the dedicated affiliate manager will result in a permanent ban from the Affiliate Program with no exceptions made.
10.5 Affiliate Tracking Cookies
We track affiliate sales automatically by using cookies. The cookies are automatically placed in the browser of the user who clicks on the affiliate link in order to reach our website. Every cookie is stored for up to 365 days. If a previous affiliate’s cookie is already placed in the same user’s browser it will be overwritten with the new cookie. If cookies are deleted intentionally by the user, AbeloHost does not hold responsibility for this action.
10.6 Affiliate Commissions
You are eligible to receive 10% recurring commission on all sales generated through your unique identifiable link. The commission is calculated at the time of purchase, but you cannot withdraw the commission until the designated wait period has passed (30 days since purchase).
We retain the right to change the Commission structure and the method of calculation of the Commission at any time. Other Commission plans are not offered as standard but could be discussed with your Account Manager after review of the Partnership.
If the purchase will be canceled or refunded by the request of the client during the 30 days period – the Commission for such purchase will not be credited. We retain the right to review all the transactions for possible fraud, whether such fraud is on the part of the Customer, or on your part. During the time which We review Commissions for possible fraud or any other concerns due to illegal activity, we may withhold payment of any balance to you for up to 180 (one hundred eighty) days, while We investigate and verify that the relevant transactions comply with the provisions of the Agreement, laws and regulations.
10.7 Withdrawals
The minimum payout amount for Paypal and wire transfer is $20. Withdrawals can be requested at any moment via our ticket system that is integrated with our Affiliate area.
10.8 Relationship of the Parties
Both the Affiliate and AbeloHost agree that they are entering into this Affiliate Agreement as independent contractors and this agreement creates no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of AbeloHost. You cannot make any statements on your website or otherwise that would contradict anything in this section.
10.9 Account Termination
At any time you can cancel and terminate your affiliate account by contacting us through the Affiliate Area. AbeloHost will send you a confirmation that your account has been terminated, as requested. AbeloHost can terminate an affiliate account: 1) With a seven-day prior notice without providing any explanation; 2) Immediately without any prior notice, if your affiliate account or you violate the Affiliate Program Terms and Conditions.
After an affiliate account is terminated, the sales associated with the affiliate will no longer be tracked by us and you will no longer qualify for any future Commissions. Additionally Partner will be considered an inactive Affiliate if the account will not have any new Conversions for the last six months and such accounts will be parked as dormant. If any Commissions are due at the time of termination, they will be paid to the Affiliate after any applicable holding period with the regular payout cycle. No outstanding Commission payments will be due if your account is terminated due to the violation of these Terms and Conditions.
Once the Affiliate account is terminated, the Affiliate is obliged to remove any and all promotional materials, links, logos, trademarks, and slogans of AbeloHost from his website within a period of 3 business days. This provision survives the termination of the Affiliate Agreement. Upon the termination of this Affiliate Agreement, the Affiliate no longer has the right to use any of AbeloHost trademark(s), logo(s), and slogan(s) and will refrain from any actions that may affect the reputation, the image and any business relations with current and potential clients of AbeloHost, directly or indirectly.
Once the Affiliate account is terminated, this Affiliate Agreement is terminated automatically.
10.10 Confidential Information
Each party acknowledges that, as a result of this Affiliate Agreement, it may gain access to certain Confidential Information of the other party. “Confidential Information” means all documentation and information, including techniques, algorithms and processes and technical, business and marketing information, designated or marked by the party disclosing such documentation and information orally, visually or in writing (the “Disclosing Party”) as “proprietary” or “confidential” or the like, or that the other party (the “Receiving Party”) knows to be confidential, or should reasonably consider to be confidential under the circumstances of its disclosure, supplied by the Disclosing Party to the Receiving Party in connection with this Affiliate Agreement.
During the Term and for a period of five (5) years thereafter, each Receiving Party agrees (a) to hold the Disclosing Party’s Confidential Information in strict confidence, using the same degree of (but no less than reasonable) care and protection that it exercises with its own Confidential Information of a similar nature; (b) not to directly or indirectly disclose or otherwise make available any Confidential Information of the Disclosing Party to a third party; and (c) not to copy or use Disclosing Party’s Confidential Information for any purpose other than as necessary to fulfill Receiving Party’s obligations or exercise its rights under this Affiliate Agreement. Each party will disclose the other party’s Confidential Information only to its employees and affiliates with a need to know in order to fulfill such party’s obligations hereunder. In addition, the Receiving Party will be allowed to disclose Confidential Information of the Disclosing Party to the extent that such disclosure is approved in writing by the Disclosing Party or is required by law or by the order of a court or similar judicial or administrative body, provided that (to the extent permitted by law) the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action.
The obligations of this Section will not apply to Confidential Information if such information: (a) is publicly available prior to or at the time of disclosure, or later becomes publicly available through no act of the Receiving Party; or (b) was, prior to disclosure hereunder, rightfully known to the Receiving Party (other than in connection with this Affiliate Agreement) without confidentiality restriction.
10.11 Governing Law
Any controversy, claim or dispute arising under this Affiliate Agreement will be resolved according to the jurisdiction and legislation where the AbeloHost entity servicing your Affiliate account is located.
11. Terms of Service
AbeloHost B.V. reserves the right to change the terms set forth to its clients at any time, without any form of notice to our clients, non-clients, or general public. At all times, customers are bound to terms set forth. In no event shall AbeloHost B.V. or its staff’s lack of enforcement of these terms constitute a waiver of these terms at any time.