Private Host TOS / AUP (Terms Of Service / Acceptable Use Policy):



Fully Managed Solutions


Unlimited management service, including unlimited server administration by high skilled un*x administators, are available for free for those who are spending more than 10.000€ per month for web hosting. As a part of fully managed services we will develop and build very efficient solutions, including your new cloud infrastructure, which will help you to launch your projects to the sky. We will install KVS and tune it to serve virtually any amount of visitors. We will scale KVS vertically and horizontally using our cloud infrastructure. We know how to configure KVS for 20M+ daily visitors and above. We will also provide you with modern NVIDIA NVENC/CUVID technologies for ultra fast video transcoding into a different resolutions like 4K -> 720p, 480p, 360p. If you spend less you still can use our managed services but on hourly basis. You may order a package of 3 hours or 6 hours per month with every Cloud Server or even VDS/VPS. If you buy CDN, you automatically receive our fully managed service for CDN. That is including integration with your KVS, and then lifetime support of this integration. We have partially managed solutions included with all our servers by default. Please choose management package depending on your server administration knowlege or your available time. Ordering of server management will save a lot of your time and prevent you from having any issues with performance of your projects.

Free Relocation of Your Projects


Free relocation of projects for those who order services on 3 month term. If you want to stick with 1 month term, some transfer fee will be applied based on volume of job required.

DEDICATED SERVERS


Dedicated servers are depricated. That means we do not offer them anymore. Please follow this link to read an arcticle which explains why we made this decision and what we offer instead.


VDS and Cloud Servers


VDS and Cloud Servers have 24h of try-before-buy period. No refunds will be provided after this period. The setup fees, where applied, are not refundable. No proportional billing if the service was canceled in the middle of billing period. However you may cancel your services 7 days before billing period ends to avoid auto-renewal.

COLOCATION


Colocation is deprecated. That means we do not offer colocation anymore. To maintain high quality of our services and also for our equipment safety reasons we have decided to not accept 3rd party servers in our cabinets anymore. However you may rent directly from the datacenter of your choice and then hire us to manage or maintain your PoP. That is win-win strategy for all - you get your colocation deal without our margin directly from the datacenter, and then use our hands to get your servers maintained.

SMART HANDS


To perform Smart Hands / Remote Hands we will need authorization for our engineer(s) to enter your Datacenter and operate in your racks and/or interact with your equipment. If no authorization will be given at the time of our engineer appears at Security Desk of your datacenter - we will not perform any job. No refunds will be provided in this case. Please use our tickets system to give us authorization and obtain names of persons who will perform necessary tasks. Clear instructions should be provided at the time of job start or before. We do recommend to create group in WhatsApp / Telegram or Slack between our and your technicals to avoid any delays and misunderstanding. Our engineers will take maximum care and attention while performing requested jobs but please note that Private Host does not take any liability for damages which can occur during mount/dismount/assembly/disassembly of your equipment and does not take any liability for outages which can occur during operations with your equipment. If you are not agree - please do not order or Smart Hands services.

DDOS PROTECTION


While performing DDOS Protection of your resources we can not provide any warranty that they will work same as they work without attack. Some legitimate visitors can be blocked as well as the bots. In general you may expect that your normal traffic level will fall for 5-10% under attack, this is normal, and this is what we usually see while doing reverse-proxy DDOS protection. RTT time will be increased as well. We will do our best to protect your resources and keep them alive. If you will be not satisfied with results you may ask us for refund, that is no problem at all. But please keep in mind - any reverse proxy DDOS protection will work plus minus same way - 5-10% of legitimate traffic will be lost under attack. To prevent this we do offer "protected hosting" solutions where your resource(s) will be located inside of our protected perimeter, on our servers, which will result in better performance and DDOS protection stability.

COMMISSIONS


For some payment methods a processing fee (commission) will be applied. For example if you pay by Credit or Debit card, additional commission of 3% will be applied to your payment amount. Our prices on site are not including processing commissions because we accept different payment methods like PayPal, CreditCards, WeChat and others. The commission vary from payment provider, some have fixed fees some charge percentile. If you want to avoid commission please select payment method with lower or no commission. The % of commission which will be applied to your payment is always displayed along with payment method and gateway name. Our target is to work with our customers as transparent as possible, so we write all information in our TOS. Therefore we hope you will have no bad surprises with us !

VAT


All prices are without VAT! Based on the address of your residence we will determine if VAT should be applied to your account.

Payment Terms


All invoices will be issued in advance and have to be paid in 7 days after date of issue. (due in 7 days NET). If you do not pay our invoices within a payment term your services may be suspended.

Private Host's Acceptable Use Policy


An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used. The AUP of Private Host aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers. This Acceptable Use Policy (AUP) is an integral part of the Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Terms of Service (ToS). We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

SYSTEM ABUSE


Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of our system’s security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Any attempt at doing harm to a server or a customer of our web hosting services:
Private Host will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a Private Host customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: ‘Internet scamming’ (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy – proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy),introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to Private Host services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.


SPAM


SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as “spam” or “spamming”). Spamming is a violation of ethic norms and will be interpreted as an infringement. Private Host will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer’s domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.
SPAMVERTISING IS PROHIBITED. ‘Spamvertizing’ refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.
If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided. ’E-mail spoofing’ is a fraudulent e-mail activity in which the sender’s (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server). ‘Unsolicited message’ is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following: sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients.


INAPPROPRIATE OR UNLAWFUL CONTENT


CONTENT published or transmitted via Private Host’s hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network’s services. The user of our services is NOT permitted to post online content or have links to content that:
- is defamatory, abusive or obscene, violates a person’s reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against Private Host by offended viewers;
- promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
- represents child pornography – any type of child pornographic material, including "erotic" photos or videos with underage models, or models look underage - in case we detect such materials, your account will be immediately terminated with no refund, and your activity will be reported to the Dutch and internationl authorites. We have ZERO tolerance about child porn and underage models. Please be aware that we may run CSAM scanning software against pictures and videos which you uploaded to our servers.
- represents zooporn or promotes violence against animals;
- represents infringement on copyright, patents, trademarks, trade secrets, or third party’s intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files – MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.


COPYRIGHTS 


Copyrighted material must not be placed on customers’ accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will run investigation and, upon confirmation, will ask you to remove the infringing material from the Services. Further procedures will be carried out if necessary.

If you have any doubts about our services or you are unsure if your online activity is legal or not in Netherlands, feel free to ask us. Better before you order our services.

Private Host's KYC procedure


Private Host is proud of its focus on compliance and good standing as hosting provider, which is why we apply our Know Your Customer (KYC) process when registering for a new Customer account. We use state of the art technology in order to quickly and automatically verify your account details. Please provide real data in your customer account. Providing fake data ie: fake name, fake company name will result immediate account closure with no refund. We do not provide our services anonymously.

Automatic Verification


After registering for a new Customer account, your account details have to be verified before we are able to start processing and delivering your order. Please make sure that the information you provide to us is up-to-date and accurate and that you use an active email address so that you are able to communicate with us. This will ensure a smooth Customer verification process and helps us create a safe environment to prevent defaults, fraud and abuse of our services. The Customer information you submit to us will be verified automatically.

Manual Verification


If we are not able to verify your details automatically based on our customer information systems, we may reach out to you for more information via the email address and/or the phone number you provided. This is a manual process. You may be required to provide additional information if we have any questions with respect to business name and registration, personal contact details, address and details about what projects you plan to host with us. Once fully verified for adequate compliance standards, we will accept your order. We request you to keep us updated on any changes in your Customer account and business details.

Additional Verification


If we receive some complains or if we have doubts about your internet acitvities, we may request you additional details of what exact business you do, for example we may ask you to provide URLs of your sites hosted with us and explain more about it. In this case, we will give you ample notice and opportunity to provide all the required information. Here, at Private Host, we care about our reputation and we will do eveything possible to avoid "bad neighbor" problems for our Valued Customers. We are focused on providing of high quality and stable services, and not to provide services to anonymous persons who do doubtful business.

GDPR


By ordering our service you consent that Private Host is applying its KYC Customer Verification procedure and shall process any personal data involved for this purpose. We hereby have duly informed you of the legitimate purpose and legal grounds for such consent.

For more information on how Private Host processes any personal data as part of your customer account, please read our Privacy Policy. (click here)