Service and Usage Agreement (ToS)

1. Parties

1.1. This Service and Usage Agreement ("Agreement") is entered into between ErkmenHost Ltd. ("ErkmenHost"), a company registered in England and Wales, providing the services specified on https://www.erkmenhost.com , and the individual or entity ("Customer") purchasing said services.

1.2. By placing an order, the Customer warrants that all information provided is accurate and that they have the legal capacity to enter into binding contracts.

2. Subject of the Agreement

2.1. This Agreement governs the provision of Hosting, VPS, Dedicated Servers, Domain Registration, and SSL services by ErkmenHost to the Customer, subject to the terms laid out below.

3. Customer Responsibilities and Usage Policy

3.1. Account Security: After the service is activated, ErkmenHost will provide access credentials. The Customer is solely responsible for maintaining the confidentiality of these credentials. ErkmenHost cannot be held liable for any loss or damage arising from the Customer's failure to protect their account information.

3.2. Compliance: The Customer agrees to use the services in compliance with all applicable laws in the UK, the location of the server, and the Customer's country of residence.

3.3. Backups: While ErkmenHost may perform routine system backups for disaster recovery, the Customer is solely responsible for backing up their own data. ErkmenHost accepts no liability for data loss.

3.4. Resource Usage & Fair Use Policy: All system resources—including CPU, RAM, Disk I/O, Network Bandwidth, and Maximum Concurrent Connections (States)—are subject to Fair Use. To preserve hypervisor stability and network quality for all clients, ErkmenHost enforces plan-based limits on concurrent network sessions and port utilization. Continuous saturation of allocated network speeds or exceeding the designated concurrent connection (state) boundaries may result in dynamic traffic shaping (bandwidth throttling), automatic dropping of excess packets, temporary suspension, or a mandatory upgrade to a higher-tier plan.

3.5. Prohibited Content & Activities: The following are strictly prohibited on all ErkmenHost services (Hosting, VPS, and Dedicated):

• Illegal Content: Child exploitation material (CSAM), terrorism-related content, or any content illegal under UK or EU law.
• Network Abuse: DDoS attacks, Botnets, IP Scanners, Mail Bombers, Brute Force scripts.
• Intellectual Property Violations: Warez, pirated software, unauthorized IPTV streaming (e.g., unauthorized re-broadcasting of sports events like Premier League, La Liga, Süper Lig, etc.), and torrent trackers.
• Fraud & Phishing: Fake banking sites, phishing pages, "Ponzi" or pyramid schemes.
• Spam: Sending unsolicited bulk emails (SPAM) is strictly forbidden and will result in immediate termination.
• Proxy, VPN, and Anonymizers: The operation of public VPN services, open proxies, Tor Exit Nodes, or any service designed to anonymize traffic for third parties is strictly prohibited. Personal use of VPN is permitted provided it does not cause network abuse or IP blacklisting.
• Crypto Mining: Mining of any cryptocurrency (e.g., Bitcoin, Monero, Ethereum) using system resources (CPU/RAM/GPU) is strictly prohibited on all VPS and Cloud instances. Detection of mining activity will result in immediate termination without refund.

3.6. Security Audit: ErkmenHost reserves the right to audit server activity (processes, connections, and traffic patterns) to ensure compliance with this Agreement and to detect malicious activities such as botnets, mining, or abusive tunneling.

4. Payments and Billing

4.1. All fees are exclusive of VAT unless stated otherwise. Prices for third-party services (e.g., cPanel, DirectAdmin licenses, Domain registrations) are subject to exchange rate fluctuations and may be adjusted accordingly.

4.2. Services will be suspended if payment is not received within 3 days of the due date. Services may be terminated and data permanently deleted if payment is not received within 3 days.

4.3. Refund Policy:
a) Domain Names & Licenses: Non-refundable once registered/issued.
b) Cloud/Dedicated Servers: Non-refundable after provision, unless there is a proven technical failure on ErkmenHost's side that cannot be resolved within a reasonable timeframe.

5. Domain Name Registration

5.1. ErkmenHost acts as an intermediary for domain registration. The Customer agrees to be bound by the terms of the relevant registry (e.g., ICANN, Nominet, Trabis).

5.2. If a domain is not renewed by the expiration date, it may enter a "Redemption Period" where recovery requires a substantial fee (approx. $95 + VAT), determined by the registry, not ErkmenHost.

6. Termination and Cancellation

6.1. By Customer: The Customer may cancel services at any time via the Client Area. Cancellation does not absolve the Customer of outstanding invoices.

6.2. By ErkmenHost: ErkmenHost reserves the right to terminate services without notice if the Customer violates this Agreement (e.g., hosting prohibited content, spamming, or non-payment).

6.3. Consequences of Termination: Upon termination for breach of contract, no refunds will be issued for the remaining term.

7. Limitation of Liability

7.1. To the maximum extent permitted by law, ErkmenHost shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, data, or use, incurred by the Customer.

8. Governing Law

8.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Privacy Policy & Data Protection

At ErkmenHost Ltd. ("we", "us", "our"), we are committed to protecting and respecting your privacy. As a UK-based company operating servers in the EU (France and Poland), we adhere to the UK Data Protection Act 2018 (UK GDPR) and the EU General Data Protection Regulation (EU GDPR).

1. Information We Collect

We collect only the data necessary to provide our hosting, VPS, and dedicated server services effectively. This includes:

• Identity Data: First name, last name, username, and company name (if applicable).
• Contact Data: Billing address, email address, and telephone numbers.
• Technical Data: IP addresses, login data, browser type, and version used to access our Client Area or DirectAdmin panels.
• Transaction Data: Details about payments to and from you and other details of services you have purchased from us.

2. How We Use Your Information

We process your personal data under the following legal bases:

• Performance of Contract: To process your orders, register domains, set up VPS/Dedicated servers, and provide technical support.
• Legal Obligation: To comply with tax laws (HMRC) and fraud prevention regulations.
• Legitimate Interests: To improve our infrastructure security, prevent DDoS attacks, and enhance our service offerings.

3. Payment Security (PCI-DSS)

We take the security of your financial data seriously. We do not store your full credit card or debit card numbers on our servers.

All transactions are processed through secure, PCI-DSS compliant third-party payment gateways. Your payment data is encrypted using 256-bit SSL technology during transmission. We only retain the necessary tokens to process renewals or verify ownership, which are meaningless to unauthorized parties.

4. Data Sharing and Third Parties

We do not sell your data to advertisers. However, to provide our services, we may share specific data with trusted third-party processors:

• Infrastructure Providers: OVHcloud for server hosting.
• Domain Registrars: To register domain names on your behalf (e.g., ICANN, Nominet, Trabis). WHOIS privacy protection is available where applicable.
• Payment Processors: To securely handle your transactions.
• Legal Authorities: If required by law (e.g., a court order), we may disclose information to law enforcement agencies in the UK or the jurisdiction where the server is located.

5. Data Retention and Security

We have implemented appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way. This includes firewalls, access controls, and regular security audits.

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

6. Your Legal Rights

Under data protection laws, you have rights including:

• Right to Access: Request a copy of the personal data we hold about you.
• Right to Erasure ("Right to be Forgotten"): Ask us to delete your data where there is no good reason for us to continue processing it (unless we are required to keep it for tax/legal records).
• Right to Correction: Request correction of inaccurate data via your Client Area.

7. Contact Us

If you have any questions about this privacy policy or our data practices, please contact our Data Protection Officer:

Email: hello@erkmenhost.com
Company: ErkmenHost Ltd.
Registered Office: United Kingdom