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 (France/Poland), 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): Resource Usage (Fair Use): "Unlimited" resources are subject to fair use. If a Customer's usage (CPU, RAM, disk I/O, or Network Bandwidth) negatively impacts the stability of the server, the network quality, or other users, ErkmenHost reserves the right to throttle (limit speed), suspend the service, or request an upgrade immediately.
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.
