Terms of Service

By creating an account, accessing, or using any services provided by NoobHost, operated by Noobenheim ("Company", "we", "us", "our"), you ("Customer", "you", "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Acceptable Use Policy, our Privacy Policy, and all other policies referenced herein ("Agreements"). If you do not agree to any part of these Terms, you must immediately cease all use of the Services.

These Terms constitute a legally binding agreement between you and the Company. You represent and warrant that you have the legal capacity and authority to enter into this agreement. If you are entering into these Terms on behalf of a business or entity, you represent that you have the authority to bind such entity.

NoobHost provides cloud-based hosting and infrastructure services including, but not limited to:

• Virtual Private Server (VPS) hosting - web, game, and general-purpose
• Game server hosting with managed game panel access
• Application deployment and continuous delivery
• Reverse proxy and content delivery services
• DNS management and DDNS services
• Domain name registration, transfer, and management - subject to our Domain Registration Terms
• SSL/TLS certificate provisioning
• Server backup and snapshot services

Services are provided on a subscription basis "as-is" and "as-available." Specific features, resource allocations, pricing, and availability are described on our website and are subject to change at our sole discretion with reasonable notice. We do not guarantee that any particular feature, service tier, or resource configuration will remain available indefinitely.

To use our Services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Not be barred from using the Services under any applicable laws or regulations
• Provide truthful, accurate, and complete registration information
• Maintain the confidentiality and security of your account credentials at all times
• Immediately notify us of any unauthorized access to your account

You are solely responsible for all activity that occurs under your account, whether or not you authorized such activity. We are not liable for any loss or damage arising from unauthorized use of your account. We reserve the right to refuse registration, suspend, or terminate any account at our sole discretion, with or without notice or cause.

Your use of the Services is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You agree not to use our Services for any illegal, harmful, abusive, fraudulent, or disruptive purpose. We reserve the right to determine, in our sole discretion, what constitutes a violation of the Acceptable Use Policy.

• All fees are billed in advance on a monthly or annual basis via our payment processor (Stripe)
• All prices are listed in US Dollars (USD) and do not include applicable taxes, which are your responsibility
• Subscriptions automatically renew at the then-current rate unless canceled before the renewal date
• We reserve the right to change pricing at any time; existing subscriptions are honored through the current billing period

Refund Policy

• New subscriptions may be refunded within 24 hours of the first payment only
• Annual plans canceled mid-term receive a prorated refund for the unused portion of the current period, at our discretion
• Region-based pricing surcharges are non-refundable under any circumstances. Region fees reflect real-time infrastructure costs in the selected geographic area.
• Domain registration, renewal, and transfer fees are non-refundable (see Domain Registration Terms)
• Resource add-on purchases are non-refundable once applied
• We reserve the right to deny any refund request from accounts exhibiting a pattern of repeated refund requests, chargebacks, fraud, or abuse of the refund policy
• Multiple refund requests are subject to review and may result in account restriction or termination at our sole discretion
• Refunds for accounts terminated for AUP or TOS violations are denied without exception

Chargebacks and Disputes

• Filing a chargeback or payment dispute with your bank or card issuer will result in immediate account suspension pending investigation
• If the chargeback is found to be fraudulent or unjustified, you agree to reimburse us for the disputed amount plus any fees incurred
• Accounts with unresolved chargebacks may be permanently terminated
• You agree to contact us at billing@noobhost.com to resolve billing issues before initiating a dispute

Failed Payments

• Failed payments trigger a 3-day grace period during which you must update your payment method
• After the grace period, services will be suspended without further notice
• Suspended services due to non-payment may be permanently terminated and data deleted after 14 days

We target 99.9% uptime for all services as outlined in our Service Level Agreement. The SLA is incorporated by reference. Service credits, if any, are the sole and exclusive remedy for qualifying downtime events and are provided at our discretion.

• We perform automated backups as a courtesy; however, backups are provided on an "as-is" basis with no guarantee of completeness, accuracy, or availability
• You are solely responsible for maintaining your own independent backups. We strongly recommend keeping off-site copies of all critical data.
• We are not liable for any data loss, corruption, or inability to restore from backups, regardless of cause
• Upon account termination, data is retained for up to 30 days as a courtesy, after which it is permanently and irrecoverably deleted
• You are solely responsible for the legality and content of all data and materials hosted on or transmitted through our Services

You retain all ownership rights to content you upload to our Services. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to host, store, cache, transmit, and display your content solely as necessary to provide the Services.

All NoobHost branding, trademarks, software, documentation, and the Services themselves are owned by or licensed to Noobenheim and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of any NoobHost intellectual property without express written permission.

NoobHost respects the intellectual property rights of others and expects its users to do the same. You may not use our Services to host, distribute, store, or transmit any content that infringes upon the copyright, trademark, or other intellectual property rights of any third party.

Prohibited Activities

• Hosting pirated software, games, movies, music, books, or any other copyrighted material without authorization
• Operating torrent trackers, warez sites, or file-sharing services that facilitate distribution of infringing content
• Hosting or distributing cracked, leaked, or reverse-engineered proprietary software
• Circumventing digital rights management (DRM) protections
• Hosting counterfeit goods listings or storefronts

DMCA Takedown Procedure

If you believe that content hosted on our Services infringes your copyright, you may submit a DMCA takedown notice to our designated agent at abuse@noobhost.com. Your notice must include:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on our Services
• Your contact information (name, address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Enforcement

Upon receipt of a valid DMCA takedown notice, we will promptly remove or disable access to the infringing material. Repeat infringers will have their accounts terminated. We reserve the right to immediately suspend or terminate any account found to be hosting infringing content, with or without prior notice, at our sole discretion.

You agree to indemnify, defend, and hold harmless Noobenheim, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms, the AUP, or any applicable law or regulation
• Your content or data hosted on our infrastructure
• Any dispute between you and a third party relating to the Services
• Your negligence or willful misconduct

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee the accuracy, reliability, or completeness of any content or data transmitted through the Services.

No advice or information, whether oral or written, obtained from us or through the Services shall create any warranty not expressly stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Noobenheim, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business, goodwill, or anticipated savings, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages
• Our total aggregate liability for all claims arising under or related to these Terms or the Services shall not exceed the lesser of (a) the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100)
• The foregoing limitations apply even if any stated remedy fails of its essential purpose

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Termination by You

You may cancel your subscription and terminate your account at any time through your dashboard or by contacting support. Cancellation takes effect at the end of the current billing period.

Termination or Suspension by Us

We reserve the right to suspend, restrict, or terminate your account and access to the Services, in whole or in part, at any time, with or without notice, with or without cause, at our sole discretion. Reasons may include, but are not limited to:

• Violation of these Terms, the AUP, or any other applicable policy
• Non-payment or failed payments
• Suspected fraudulent, abusive, or illegal activity
• Excessive resource usage impacting other customers or infrastructure
• Receipt of a valid legal order, subpoena, or law enforcement request
• Risk to the security or integrity of our infrastructure
• Any other reason we deem necessary to protect our business, customers, or systems

Effect of Termination

• Access to all Services is immediately revoked upon termination
• Data may be retained for up to 30 days, then permanently deleted without further notice
• All outstanding balances become immediately due and payable
• No refunds are provided for accounts terminated for violations
• Sections 10 (Indemnification), 11 (Disclaimers), 12 (Limitation of Liability), 15 (Governing Law), and any payment obligations survive termination

We reserve the right to modify these Terms at any time. Material changes will be communicated via email, dashboard notification, or a notice on our website at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services before the effective date.

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in the Commonwealth of Pennsylvania. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

We shall not be liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions, power outages, internet failures, DDoS attacks, supplier failures, or other force majeure events.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

These Terms, together with the Acceptable Use Policy, Privacy Policy, Service Level Agreement, Domain Registration Terms, Cookie Policy, and any applicable order forms, constitute the entire agreement between you and Noobenheim regarding the Services and supersede all prior agreements, representations, and understandings, whether written or oral.

Our failure to enforce any provision of these Terms shall not be construed as a waiver of that provision or the right to enforce it at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

For questions about these Terms, contact us at legal@noobhost.com. For billing inquiries: billing@noobhost.com. For abuse reports: abuse@noobhost.com. You may also reach us through our contact page.