Terms & Conditions

Definitions

These Terms and Conditions constitute a legal agreement between you and MyHBD (Hosting Big Data B.V.) regarding the use of our hosting services.

Company References

• "We/Us/Our/MyHBD" refers to Hosting Big Data B.V., registered in the Netherlands
• "Services" refers to all hosting services, products, and related offerings provided by MyHBD
• "Platform" refers to our websites, control panels, and service interfaces

Customer References

• "You/Client/Customer" refers to the person or entity registered to use our services
• "Account" refers to your registered user account and associated services
• "Content" refers to all data, files, and information stored on our services

Consumer Rights

Consumers and business customers

Some rights in these Terms apply differently depending on whether you buy as a consumer or as a business/professional customer. Nothing in these Terms limits mandatory rights that consumers have under Dutch or EU law.

• Consumers may have a statutory 14-day right of withdrawal for online service contracts, as described in our Refund Policy.
• If you request service activation during the withdrawal period, you may owe a proportionate amount for service already supplied.
• Digital services and cloud services remain subject to mandatory legal guarantee rights where they are faulty, not as advertised, or not working as expected.
• B2B, reseller, and professional-use orders are governed by these Terms and the service contract, unless mandatory law says otherwise.

Prohibited Actions

The following activities are strictly prohibited and may result in immediate service termination:

!Strictly Prohibited Activities

• Spamming and unsolicited email distribution
• Unauthorized email address collection
• Cryptocurrency mining activities
• DDoS attacks and network disruption
• Fraudulent services and scam operations
• Malware distribution and hosting

• Botnet operations and command centers
• Illegal content hosting and distribution
• Copyright infringement and piracy
• Phishing and identity theft attempts
• Infrastructure undermining attempts
• Resource abuse and excessive consumption

Additional Restrictions

• Adult content may be restricted on shared hosting services
• High-traffic websites may require dedicated resources
• Proxy services and TOR exit nodes are generally prohibited
• File sharing and torrent hosting may be limited
• Gaming servers may require specific service plans

Account Management

Account Creation and Limits

• One Account Per Entity: Each person or organization may maintain only one account
• Accurate Information: You must provide accurate and complete registration details
• Account Security: You are responsible for maintaining account security and confidentiality
• Age Requirement: Users must be at least 18 years old or have legal guardian consent

Account Responsibilities

• Keep contact information current and accessible
• Monitor account activity and report unauthorized access
• Comply with all applicable laws and regulations
• Maintain appropriate backups of your data
• Use services in accordance with fair use policies

Account Termination

We may suspend or terminate accounts where reasonably necessary. We will give notice where practical, except in urgent abuse, fraud, security, non-payment, legal-order, or infrastructure-risk situations.

• Violation of these terms and conditions
• Fraudulent activity or payment issues
• Abuse of our services or infrastructure
• Legal requirements or court orders
• Threats to service stability or security

Cancellation Procedure

How to Cancel Services

1
Submit Cancellation Request: Use our client portal or contact support with your cancellation request
2
Backup Your Data: Download and backup all important data before the cancellation date
3
Confirmation: We will confirm your cancellation request and provide final service date
4
Data Deletion: All data will be permanently deleted after the service termination date

Important: Cancellation requests should be submitted at least 24 hours before your next billing cycle to avoid renewal. This does not limit any statutory consumer withdrawal rights. Data may be deleted after service termination and may not be recoverable.

Finance and Refunds

Billing and Payment

• Recurring Billing: Services are billed according to your selected billing cycle
• Payment Methods: We accept various payment methods including credit cards and bank transfers
• Currency: All prices are in EUR unless otherwise specified
• Taxes: Applicable taxes (including VAT) will be added to your invoice

Refund Policy Overview

• Statutory consumer refunds and withdrawal rights are handled according to applicable Dutch and EU law
• Discretionary goodwill refunds are considered case by case
• Service credits may be offered for verified downtime, but they do not replace a required cash refund unless you agree
• Processing fees are not deducted from refunds required by mandatory consumer law
• Cryptocurrency payments may require manual review and may be refunded as account credit or equivalent value where legally required or approved

Credit Card Chargebacks

Initiating a chargeback instead of contacting us for a refund may result in:

• Temporary service review or suspension while payment status is investigated
• Reasonable chargeback costs may be recovered where legally allowed and the dispute is invalid
• Account restrictions may apply for fraudulent or abusive chargebacks
• Nothing in this section limits mandatory consumer dispute or payment rights

Payment Obligations

Automatic Payments

• Services may be set up for automatic renewal
• Payment methods must remain current and valid
• Failed payments may result in service suspension
• You can modify or disable auto-renewal in your account

Payment Disputes

• Contact us before disputing charges
• Provide detailed information about billing concerns
• Allow reasonable time for dispute resolution
• Continue paying undisputed amounts during dispute resolution

Late Payment Consequences

Unpaid invoices may result in:

• Service suspension or limitation
• Additional late payment fees
• Collection agency referral

• Account termination
• Data deletion
• Legal action for debt recovery

Service Availability

Uptime Commitment

We strive to maintain high service availability with our 99.9% uptime target. However, some downtime may occur for:

• Scheduled maintenance (with advance notice)
• Emergency security updates
• Hardware failures and replacements
• Network infrastructure issues
• Force majeure events

Maintenance Windows

• Scheduled Maintenance: Typically performed during low-traffic hours
• Advance Notice: 24-48 hours notice for planned maintenance
• Emergency Maintenance: May be performed without advance notice
• Status Updates: Real-time updates available on our status page

Event of Default

Default Events Include:

• Failure to pay invoices when due
• Breach of acceptable use policies
• Violation of these terms and conditions
• Fraudulent or illegal activities

• Abuse of service resources
• Threats to infrastructure stability
• Failure to respond to security incidents
• Providing false or misleading information

Remedies Upon Default

In the event of customer default, we may:

• Suspend or terminate services where reasonably necessary, with notice where practical
• Terminate the service agreement
• Pursue collection of outstanding amounts
• Delete associated data after termination where legally and operationally permitted, except where preservation is required
• Take legal action for damages and costs
• Report violations to appropriate authorities

Dispute Resolution

Resolution Process

1
Direct Communication: Contact our support team to discuss the issue
2
Escalation: Request escalation to management if needed
3
Formal Complaint: Submit a formal written complaint
4
Legal Action: As a last resort, pursue legal remedies

Jurisdiction and Governing Law

• Governing Law: Dutch law governs these terms and conditions
• Mandatory consumer protections of your country of residence remain unaffected where applicable
• Dutch courts are competent unless mandatory consumer jurisdiction rules provide otherwise
• Mediation, arbitration, or other out-of-court dispute resolution is optional unless both parties agree or mandatory law applies

Liability Limitations

⚠️ Important Liability Notice

The following limitations apply to business customers and apply to consumers only to the extent permitted by mandatory Dutch and EU law:

Service Warranty Disclaimer

• Services are provided according to the applicable service description and plan specifications
• We do not guarantee uninterrupted or error-free operation, but mandatory service and consumer rights remain unaffected
• Any commercial warranty does not limit mandatory legal guarantee rights
• You are responsible for checking whether the selected service fits your intended use unless we expressly advise otherwise

Excluded Damages

We are not liable for:

• These exclusions do not limit liability that cannot legally be excluded, including mandatory consumer rights, intent, gross negligence, or liability for death or personal injury where applicable.
• Indirect, consequential, or incidental damages
• Lost profits, revenue, or business opportunities
• Data loss or corruption (maintain your own backups)
• Third-party actions or content
• Force majeure events beyond our control

Customer Indemnification

Business customers agree to indemnify and hold MyHBD harmless from claims arising from their use of services, violation of these terms, or illegal activities. For consumers, indemnity obligations apply only to the extent permitted by mandatory law.

Server Usage Rules

Acceptable Use Guidelines

• Use resources efficiently and reasonably
• Maintain legal compliance at all times
• Respect other users and shared resources
• Keep software and systems updated

• Monitor your applications and traffic
• Report security incidents promptly
• Follow backup best practices
• Comply with licensing requirements

Prohibited Server Activities

• No spam or bulk email operations
• No botnet or malware hosting
• No excessive CPU usage without approval
• No unauthorized IP address usage

• No illegal content storage or distribution
• No copyright infringing materials
• No network scanning or intrusion attempts
• No proxy abuse or anonymization services

Resource Management

• Fair Use Policy: Resources should be used reasonably and not monopolized
• Resource Limits: Plans have specific CPU, memory, and bandwidth limits
• Monitoring: We monitor resource usage to ensure fair access for all users
• Upgrades: Resource upgrades are available for growing needs

General Provisions

Terms Modification

We reserve the right to modify these terms at any time. Significant changes will be communicated through:

• Email notification to registered users
• Website announcements and notices
• Account dashboard notifications
• Service-specific communications

Severability and Enforcement

• If any provision is deemed invalid, the remainder remains in effect
• We may enforce terms selectively without waiving other rights
• Failure to enforce terms does not constitute a waiver
• Terms survive account termination where applicable

Assignment and Transfer

• These terms are personal to you and cannot be assigned
• We may assign our rights and obligations to affiliated entities
• Account transfers require our express written consent
• Terms bind successors and permitted assigns

Promotional Use Rights

We will use your company name, logo, testimonial, or case study in marketing materials only with your prior consent. You may withdraw that consent for future use by contacting us.

Questions About These Terms?

If you have questions about these Terms & Conditions, please contact us at [email protected] or through our support system. We're here to help clarify any aspects of our service agreement.