Introduction
- These Terms and Conditions (“Terms”, “Agreement”) govern your access to and use of services provided by FREAKHOSTING LTD (“Company”, “we”, “us”, “our”), including Domain Registrations, Web Hosting, Game Servers, Virtual Private Servers (VPS), and Dedicated Servers (collectively, the “Services”).
- By using the Services you agree to these Terms and all referenced policies: Privacy Policy, Cookie Policy, Acceptable Use Policy (AUP), and Service Level Agreement (SLA).
- If you are accepting on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.
Definitions
- “Services”: All products we provide, including domains, shared hosting, cloud hosting, VPS, dedicated servers, game servers, email, add-ons, managed services, software licenses, and support.
- “Customer”, “you”: The individual or entity using the Services (including your authorized users and end-clients).
- “Order”: A purchase or provisioning request submitted via our website, client area, API, or support ticket.
- “Billing Cycle”: Your selected recurring term (monthly, quarterly, semi-annual, annual, biennial).
- “Downtime”: Unavailability of the Service excluding maintenance and events defined in Exclusions/Force Majeure.
- “Scheduled Maintenance”: Planned work notified in advance via our status page or email.
- “Force Majeure”: Events beyond our reasonable control as described below.
Acceptance of Terms
- Use of the Services constitutes your acceptance of this Agreement and incorporated policies.
- We may update these Terms to reflect service, legal, or security changes. Material changes may be announced via email or client portal. Continued use after publication constitutes acceptance.
- Disputes are handled as set out under “Governing Law and Dispute Resolution”.
Eligibility and Account Registration
- You must be at least 18 years old (or the age of majority in your jurisdiction) to open an account.
- You must provide accurate, complete, and current information (billing contact, address, VAT where relevant) and keep it updated.
- You are responsible for all activity under your account. Use strong, unique passwords and enable multi-factor authentication where available.
Ordering, Provisioning, and Trials
- Orders are subject to availability, automated checks, and manual review (fraud, compliance, sanctions). We may decline or cancel an order and refund any amounts received if we cannot fulfill it.
- Free trials (Web Hosting & Game Servers): 2 calendar days. At the end of the trial, the service is suspended; if unpaid within our stated period, it is deleted and data permanently removed.
- Provisioning times are estimates only. Identity or card verification may be required before activation.
Billing and Payment Policy
- Invoice generation: Invoices are generated 7 days before the due date.
- Payment capture attempts: If a payment method is stored, we may attempt automatic capture 2 days before the due date. If capture fails, we may retry within 24 hours at our discretion.
- - Reminders and overdue notices:
- First unpaid reminder: may be sent before due date if enabled.
- First overdue notice: 1 day after due date.
- Second overdue notice: 3 days after due date.
- Additional overdue notices may be sent per system settings.
- Suspension: If unpaid, services are suspended 1 day after due date. Successful payment triggers automatic unsuspension.
- Termination & auto-cancellation: If still unpaid, services are terminated 7 days after the due date. “Enable Auto Cancellation” is active; unpaid invoices may cause services to be marked “Cancelled”. Termination triggers permanent data deletion.
- Late fees: A late fee may apply after 7 days overdue, calculated as a fixed percentage of the invoice total.
- Taxes & currency: Prices are in EUR unless stated otherwise. Applicable taxes and third-party fees may be added. Currency conversions and provider charges are your responsibility.
- Auto-renew vs. cancellation: Disabling auto-renew in the client portal does not cancel the service. Submit a cancellation request before the next cycle to avoid renewal charges.
- Invoice adjustments: We can modify unpaid invoices on request (e.g., term change). Paid invoices are final.
- Payment methods: PayPal, Credit/Debit Card, Skrill, Neteller, Paysafecard, Cryptocurrencies, Neosurf, Bank Transfer. Clearing times vary; activation follows confirmed receipt.
- Credit card expiry handling: We may send expiry notices and attempt automated card updates where supported by the processor.
Affiliate and Reseller Programs
- Program scope: The FREAKHOSTING Affiliate and Reseller Program rewards approved partners for referring or reselling eligible services. Activity is tracked and paid through our billing platform and remains subject to these Terms.
- Enrollment & eligibility: Participation is subject to automated/manual approval, ongoing AUP/Terms compliance, and completion of KYC/identity checks on request. We may reject, suspend, or terminate access for suspected abuse, misleading promotion, or brand/reputation risk.
- Attribution: Last-click attribution using our tracking links with a 60-day cookie window (unless otherwise stated). Self-referrals, referring your own employer/entity, or referring existing/recent customers (active within the past 6 months) are ineligible.
- Commission basis: Unless a custom agreement applies, the default commission is 20% of the net service price before taxes/fees. A �1.00 signup bonus is credited on enrollment. Commissions exclude domains, SSLs, licenses, add-on IPs, promotional credits, chargebacks, refunds, manual �Add Funds�, and custom/enterprise quotes unless approved in writing.
- What qualifies: Commissions apply to the first paid invoice of an eligible new customer and any approved recurring invoices while the service remains active and paid. Renewals, upgrades/downgrades, migrations, or internal plan changes may be excluded unless explicitly approved.
- Payout conditions & timing:
- Minimum payout threshold: �50.00 (may be increased for high-risk accounts until KYC is cleared).
- All commissions are held for a 30-day verification/chargeback window after client payment.
- Payouts are processed manually via the Partner & Affiliate Program queue and normally sent 30 days after approval; additional delay may occur for compliance or fraud review.
- Caps & anti-abuse limits:
- Per-order cap: Lower of �200 or 10% of the net order value.
- Per-customer lifetime cap: �1,000 total commission per referred customer unless we approve otherwise in writing.
- Per-affiliate lifetime cap: Default maximum withdrawal allowance of �500 unless extended in writing.
- Per-affiliate monthly cap: Default monthly payout cap of �3,000; higher limits require written approval and enhanced KYC.
- Legitimacy requirement: Farming activity (e.g., fewer than 5 unique customers or self-owned accounts) and private/self-directed referrals are prohibited; affiliates must publicly promote FREAKHOSTING to generate organic leads or sales.
- Prohibited practices: Brand bidding on our marks, impersonation, typo-squatting, cookie stuffing, forced redirects, toolbar injections, spam (email/SMS/chat), undisclosed incentives/cashback, fake reviews, misleading claims, or traffic from adult/hate/pirated/illegal content will result in termination and forfeiture of unpaid amounts.
- Clawbacks & account standing: We may withhold, reverse, or reclaim commissions from:
- Refunded, charged-back, cancelled, unpaid, or fraudulent orders;
- Services terminated for AUP/Terms violations or non-payment;
- Accounts found to be self-referring, fake, or operating under false identities.
Negative balances may be offset against future commissions or invoiced for repayment. Accounts with overdue invoices, disputes, or AUP violations may forfeit pending commissions. - Transparency & audits: We may request proof of traffic sources, creatives, placements, and logs. Non-cooperation or attempts to obfuscate data may result in immediate removal and forfeiture.
- Use of branding & materials: Only approved logos and assets may be used. Do not misrepresent pricing, features, or policies, and do not register domains or social handles that mimic or impersonate FREAKHOSTING.
- Program changes & termination: Commission rates, eligibility, caps, and rules may change with notice posted in the client/affiliate area. We may suspend or terminate participation for breach or risk; unpaid, invalid, or fraudulent commissions may be forfeited.
- Reseller responsibility: Resellers remain responsible for the conduct and compliance of their end-users, including support obligations, lawful use, and adherence to the AUP/Terms. Abuse by end-users may lead to suspension or termination of the reseller account.
- Non-transferability: Affiliate/reseller accounts and balances cannot be sold, assigned, or transferred, and cannot be converted to client account funds or withdrawn by third parties.
Refunds, Cancellations, and Chargebacks
- Non-refundable services: VPS and Dedicated Servers are non-refundable under all circumstances once provisioned or delivered.
- Non-refundable payment methods: Payments made via Cryptocurrency, Bank Transfer, Paysafecard,and GoCardless are non-refundable.
- Domain registrations/transfers: Non-refundable because domain registrations cannot be cancelled after being submitted to the registry.
- Money-back guarantee: We offer a 72-hour money-back guarantee for Web Hosting and Shared Game Servers only; applies to first-time purchases and excludes add-ons, setup fees, usage-based charges, or third-party licenses.
- Pro-rated and partial refunds: Not offered for early cancellation, mid-cycle downgrades, service credits, promotional orders, or prepaid terms unless required by law.
- Abuse/violation exclusions: Accounts suspended or terminated for AUP/Terms violations, fraud, payment disputes, or overdue balances are not eligible for refunds or service credits.
- Service delivery & setup fees: One-time setup, provisioning, migration, labor, or license fees are non-refundable once work begins.
- Service credits vs. cash refunds: Approved remedies are usually issued as service credits for future invoices and are non-transferable and non-redeemable for cash.
- Account funds / credit balance: Adding funds to your account balance is non-refundable. Credits cannot be withdrawn, transferred, or redeemed for cash under any circumstances.
- Cancellation process: Submit cancellation requests via the client area before the next billing cycle to avoid renewal charges. Disabling auto-renew alone does not cancel the service.
- Chargebacks/disputes: Filing a chargeback or payment dispute may result in immediate suspension or termination of services and forfeiture of any eligibility for refunds or commissions.
- Force majeure and third parties: Refunds are not available for downtime or impact caused by events outside our control (force majeure), upstream provider failures, or third-party software/registries.
Dedicated Server Suspension and Decommission
- Non-payment suspension: Dedicated servers are suspended 24 hours after the due date if unpaid.
- Decommission & data destruction: If still unpaid after the 24-hour suspension window, the dedicated server is immediately decommissioned and all data is permanently destroyed. Restoration is not possible.
- You are solely responsible for external backups. We do not guarantee data recovery once decommissioned.
Domains: Reminders, Sync, and ICANN
- Reminder emails may be sent at 14, 7, 2, and 1 days before expiry (where supported). Ensure your contact details are accurate.
- By registering/transferring a domain you agree to applicable registry rules and ICANN policies. Provide accurate WHOIS data or risk suspension.
- Renew before expiry; recovery after expiry/deletion is not guaranteed and may incur registry fees.
Support, Ticket Handling, and Inactivity Rules
- Support is provided per our SLA and AUP. Response times vary by severity and complexity.
- Ticket inactivity auto-close: Tickets may auto-close after 72 hours of no client reply.
- Ticket attachments retention: Attachments may be retained for up to 6 months after closure, after which they may be purged.
- Inactive client cleanup: Clients with no active services and no invoice payment for 2 months may be anonymized or deleted in accordance with our data retention policies and law.
Use of Services and Acceptable Use
- You must comply with our AUP. Prohibited uses include spam, phishing, unlawful content, malware, network attacks, excessive resource consumption, and activities that harm other users or our infrastructure.
- We may rate-limit, throttle, filter, or suspend Services to protect the platform or respond to abuse/legal requests.
- Resale or sub-allocation is permitted only within your plan and the AUP; you are responsible for your end-users’ compliance.
IP Address Allocation and Network
- All IPs remain the property of FREAKHOSTING or its upstream providers and are licensed to you during your active Service.
- We may reassign, renumber, or reclaim IPs for regulatory, technical, or policy reasons. Justification may be required for additional allocations.
- Operating open relays/resolvers, IP spoofing, unauthorized routing announcements, or DNS misuse is prohibited.
- IP reputation/deliverability (e.g., email) is not guaranteed; remediation may require your cooperation or fees.
Software, Licenses, and Beta Features
- Software and licenses supplied through us (control panels, antivirus, panels) are governed by vendor EULAs. You must comply with vendor terms.
- Beta/preview features are provided “as-is”, may change or end at any time, and are excluded from SLA commitments.
- You may not copy, reverse engineer, or circumvent technical protections except as permitted by law.
Third-Party Services and Integrations
- Some Services rely on third parties (DDoS providers, CDN, registrars, chat, analytics, payment processors). Their availability and performance are outside our control.
- Your use of third-party services is subject to their terms. We are not liable for losses arising from third-party failures.
Backups, Data, and Customer Responsibility
- Automatic backups are provided only for Web Hosting unless otherwise stated. VPS, Dedicated, and Game Servers are not backed up by default.
- You are solely responsible for your data, configurations, and off-site backups. We are not liable for data loss or corruption.
- You must have rights and permissions for all hosted content.
Price Changes, Promotions, and Trials
- We may adjust pricing, taxes, fees, and inclusions at renewal or upon 30 days’ notice in the client area/email. Promotional or introductory rates apply only to the initial term unless otherwise stated.
- Coupons/credits have no cash value, cannot be combined unless stated, and may be revoked in cases of abuse or policy breach.
- Trials and free tiers may be modified or ended at any time; data may be removed at the end of a trial if unpaid.
Scope of Support (Managed vs. Unmanaged)
- Unmanaged services (default for VPS/Dedicated): We maintain host hardware, power, and network. You manage the OS, software stack, security hardening, backups, and data.
- Managed add-ons: Where purchased, the scope is limited to the items listed in the offer (e.g., panel installation, patching, monitoring). Custom dev, performance tuning, and third-party app support are out of scope unless quoted as professional services.
- We may provide best-effort guidance; this does not convert an unmanaged service into a managed one.
Fair Use and Resource Limits
- All services are subject to our Fair Usage standards and the AUP. We may rate-limit, throttle, or temporarily suspend services that materially impact platform stability or other customers.
- Unmetered or “unlimited” references mean no fixed quota under normal use; they are still governed by technical and abuse controls (ports, connections, IOPS, CPU time, processes, inodes).
Migrations and Data Handling
- Inbound/outbound migrations are best-effort and depend on source access, compatibility, and data integrity. You must keep independent backups before any migration.
- We are not responsible for data loss, permission conflicts, or application breakage arising from migrations, version changes, or customer actions.
Verification, KYC, and Right of Set-Off
- We may require identity/KYC, business verification, or proof of authorization at signup or any time. Failure to pass verification may result in order cancellation or service suspension.
- We may apply any account credits or incoming payments against your oldest outstanding invoices (right of set-off) and recover collection costs for long-overdue balances.
API, Automation, and Rate Limits
- APIs and automation endpoints are provided “as-is”, may be modified or withdrawn, and are subject to authentication, rate limits, and fair use. Abuse, scraping, or circumvention of limits is prohibited.
Service Levels, Maintenance, and Modifications
- Our SLA defines uptime, exclusions, and credits. Credits are the exclusive remedy for SLA breaches.
- Scheduled and emergency maintenance may occur; such time is excluded from uptime calculations. We will provide notice where practicable.
- We may modify, upgrade, or discontinue features to maintain security and performance; material changes will be communicated where reasonable.
Export Controls, Sanctions, and Compliance
- You must not use the Services in violation of applicable export laws or sanctions (including UK, EU, and US regimes), or provide Services to sanctioned parties or restricted jurisdictions.
- You represent that you are not the subject of sanctions and are not located in a restricted region.
Anti-Bribery and Anti-Corruption
- Comply with applicable anti-bribery laws (including the UK Bribery Act 2010). Offering, giving, requesting, or accepting bribes or improper payments in connection with the Services is prohibited.
Privacy, Cookies, and Data Protection
- Our processing of personal data is described in our Privacy Policy and Cookie Policy.
- Business customers may request a Data Processing Addendum (DPA). Standard contractual clauses/IDTA may apply to international transfers.
Suspension and Termination (General)
- We may suspend or terminate Services immediately for non-payment, AUP violations, suspected fraud/abuse, legal requests, or security risks.
- For non-emergency issues, we may provide a reasonable cure period; failure to cure may result in termination.
- Upon termination, access may be disabled and data deleted. You remain responsible for fees incurred up to termination. Reinstatement may require full payment, verification, and a reinstatement fee.
Warranties and Disclaimers
- The Services are provided “as-is” and “as available”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
- We do not warrant that the Services will be uninterrupted, error-free, or secure, or that data will be preserved without loss.
Limitation of Liability
- To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, goodwill, or data.
- Liability cap: Our aggregate liability for all claims related to a Service is limited to the fees you paid for that Service during the three (3) months preceding the event giving rise to liability.
- Some jurisdictions do not allow certain limitations; in that case, our liability is limited to the maximum extent permitted by law.
Indemnification
- You will indemnify and hold harmless FREAKHOSTING and its affiliates, directors, officers, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your content, your use of the Services, your breach of these Terms/AUP, or your violation of law or third-party rights.
- We may assume exclusive control of the defense; you agree to cooperate fully.
Force Majeure
- We are not liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government actions, labor disputes, widespread outages, or large-scale cyberattacks.
- Each party will use reasonable efforts to mitigate effects and resume performance as soon as practicable.
Notices, Assignment, and Changes
- Notices: We may provide notices via email, client area, website, or status page. You must keep your contact details current.
- Assignment: You may not assign or transfer rights or obligations without our prior written consent. We may assign to an affiliate, successor, or purchaser of assets.
- Changes to Terms: We may update these Terms; changes take effect upon posting. Material changes may be notified by email or portal notice. Continued use constitutes acceptance.
Governing Law and Dispute Resolution
- These Terms are governed by the laws of England and Wales.
- Courts of England and Wales have exclusive jurisdiction, subject to the arbitration provision below.
- Before litigation, the parties will negotiate in good faith for 30 days, then attempt mediation. If unresolved, disputes may be referred to binding arbitration under the Arbitration Act 1996. Either party may seek interim injunctive relief from a competent court.
- To the extent permitted by law, disputes are conducted on an individual basis only (no class/representative actions).
Severability, No Waiver, Entire Agreement
- If any provision is found invalid or unenforceable, the remaining provisions remain in full force.
- Failure to enforce any right is not a waiver.
- These Terms, referenced policies, and your Order(s) constitute the entire agreement and supersede prior understandings.
Contact Information
- Questions about these Terms?
- Company Name: FREAKHOSTING LTD
- Address: 3rd Floor 86-90 Paul Street, London, United Kingdom, EC2A 4NE
- Company number: 16941725
- Email: [email protected]
- Phone: (+44) 020 7189 2989
