These Contractor Terms of Service (this “Agreement”) constitute a contract between you (“Customer”) and StormyHost Hosting, a sole proprietorship. StormyHost Hosting provides dedicated hosting services, including VPS (Windows and Linux) and dedicated servers, under the terms set forth below. In cases where specific terms apply to either VPS or dedicated servers, these terms are clearly indicated. By signing up for a dedicated hosting account with StormyHost Hosting, the Customer agrees to follow these Terms of Service and all related policies mentioned herein. The Customer also acknowledges that, by hosting data on our servers, it will be accessible to the public internet. Consequently, the Customer understands that StormyHost Hosting cannot limit public access to this data or guarantee the security of the files. The Customer is fully responsible for protecting their content and should carefully consider each piece of information before uploading it to their allocated server space. We recommend avoiding the publication of sensitive or personal information.

I. SERVICE AGREEMENT; ENTIRE AGREEMENT

The Provider shall provide its Services to the Customer under the Terms and Conditions outlined in this Agreement. This Agreement is intended to maintain the integrity of both StormyHost Hosting and the Customer and to protect both parties from liability. This Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services. Together with any other policies or agreements referenced in this document, this Agreement constitutes the complete agreement between StormyHost Hosting and the Customer.

II. ACTIVATION AND MONTHLY PAYMENT TERMS

Upon submission of an online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:

1. The Dedicated Server Hosting Service is billed on a monthly basis. The Customer agrees to pay for the Dedicated Hosting Services in advance for each monthly service term.
2. Non-payment of the service will result in an immediate service disconnection. Customers who do not secure payment by the due date will experience service interruption, with hosted data retained for only 8 days post-suspension, after which it will be permanently deleted.
3. Setup fees and monthly service fees are non-refundable. The Customer agrees to a no-refund policy as outlined herein.

III. SERVICE GUARANTEES AND DATA BACKUP

1. SERVICE GUARANTEES: The Provider guarantees 99.9% network uptime and server stability, with exceptions for:

• Server hardware breakdown;
• User errors or intentional service interruptions (e.g., if the Customer voluntarily shuts down their server);
• Failure caused by unsupported software. If a hardware crash caused by the Customer occurs, StormyHost Hosting is not responsible for any resulting downtime.

2. DATA BACKUP: Due to the nature of the Dedicated Hosting Service, which provides a self-managed environment, the Customer is solely responsible for backing up all website content and databases.

IV. SERVICE ACTIVATION AND DELIVERY TIMELINES

1. Service Activation: For new clients, services are activated only after our Sales Department verifies payment details over the phone (required to mitigate online fraud). If payment verification is not completed within 48 hours, funds will be returned, and the order canceled. Existing Customers’ services, including upgrades and renewals, are activated immediately upon receipt of payment.
2. Service Delivery: StormyHost Hosting commits to the delivery times specified for each product on our website. Delivery times are as follows: Windows VPS within 24 hours, Linux VPS is immediate upon payment status confirmation, and dedicated servers are delivered within 1-5 business days. The Customer is responsible for checking the delivery times of each product/service. In the event of delays caused by unforeseen circumstances (e.g., power outages), StormyHost Hosting will strive to prioritize the order; however, such delays do not entitle the Customer to a cancellation or refund.
3. Continuance Timescales: Dedicated server hosting accounts are valid for one month from creation and can be renewed monthly.

V. CANCELLATION, REFUND, AND CHARGEBACK POLICY

1. Cancellations: To cancel a dedicated server account, the Customer must send a support ticket to the Sales Department via their Dedicated Management Account, including any requested authentication credentials. No other form of cancellation will be accepted. 2. Refunds: VPS and dedicated server accounts are prepaid monthly and do not include a money-back guarantee. Customers may cancel at any time but are not entitled to refunds for unused time. VPS accounts, however, are eligible for a 7-day money-back guarantee, valid only if requested within the first 7 days of service activation. Limited accounts may be ineligible for refunds to prevent system abuse. Refund requests for illegal service usage will not be approved. Customers are limited to one refund request, and approval or denial of refunds rests solely with StormyHost Hosting and cannot be appealed. 3. Chargebacks: Chargebacks are not considered a valid means of refund. Any Customer initiating a chargeback will be subject to a full investigation. If a chargeback occurs due to a misunderstanding, StormyHost Hosting will attempt to contact the Customer and initiate a reverse payment if resolved. If a chargeback is deemed unjustified, StormyHost Hosting may pursue a dispute with authorized retailers. In cases of fraudulent chargebacks, accounts will remain suspended.

VI. CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT

Customers agree to:

1. Provide true, accurate, current, and complete information upon registration. If any information is found to be untrue or incomplete, StormyHost Hosting reserves the right to suspend or terminate the account.
2. Notify StormyHost Hosting of contact information changes within 10 business days through the Dedicated Management Account, not via email.
3. Keep passwords confidential and be fully responsible for all account activity. Customers agree to notify StormyHost Hosting immediately of unauthorized use and log out after each session.
4. In case of disputes, StormyHost Hosting will side with the person who paid for the account. Access will not be granted to anyone else, as the account holder is the person associated with the credit card/PayPal account.
5. Not delete the provider’s SSH key, which is used for root access only if there is a problem with the server or if abuse is reported (e.g., spam). The provider may suspend or terminate service immediately if abuse is detected.

VII. UNLAWFUL OR PROHIBITED USE

StormyHost Hosting strictly prohibits unauthorized access to other hosted machines or networks. Customers may not attempt to gain unauthorized access to any of StormyHost Hosting’s services, accounts, or computer systems. Customers are responsible for all content and must ensure compliance with these TOS. Content requirements exclude illegal or inappropriate material. Accounts used for SPAM or UCE will be terminated immediately.

VIII. E-COMMERCE CUSTOMER WEBSITES

Customers using dedicated servers for e-commerce are fully responsible for their websites’ development, operation, and maintenance. The Customer assumes responsibility for client data security, order processing, tax obligations, and compliance with relevant laws. Customers guarantee that they own the right to use all website content, including text, graphics, media, and programming scripts. They must ensure that the content does not infringe upon third-party rights or violate laws.

IX. REFUSAL OF SERVICE

1. Service Denial: StormyHost Hosting reserves the right to deny service to any order that does not comply with our stated terms.
2. Service Discontinuance: StormyHost Hosting reserves the right to discontinue service to any Customer that has violated our Terms of Service or Acceptable Use Policy.

X. MISCELLANEOUS

1. Notices: Notices to the Customer will be sent via email or postal mail. Notices to StormyHost Hosting should be sent to the address provided on our website. Delivery is deemed complete five (5) days after sending.
2. Complaints Procedure: For complaints, Customers may email [email protected] with a description of the issue. Complaints will be confirmed, reviewed, and escalated if necessary.
3. Tortious Conduct: Customers are expected to communicate professionally and politely with StormyHost Hosting representatives. Abusive behavior may result in account suspension or termination.
4. Customer Care Service: The Service is provided for fair and reasonable use. If a Customer’s bandwidth usage is deemed excessive, StormyHost Hosting reserves the right to impose limits, adjust pricing, or suspend the account.

XI. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Estonia.