Terms of Service

Welcome to Capybara Hosting!

These Terms of Service (“Terms”) create a legally binding agreement between you and Capybara Hosting LTD (“we,” “us,” “our”), a company registered in England and Wales (Company Number: 16861297 ). They govern your access to and use of all our services, websites, and applications (collectively, the “Services”). Our Privacy Policy is incorporated by reference into these Terms.

General Terms and Liability

By using our services, you acknowledge and agree to the following foundational terms. Subject to the limitations set out in Section 5, Capybara Hosting LTD (also referred to as "capybarahost.eu", or "Capybara Services") shall not be held liable for any system downtime, crashes, data loss, or any estimated profits lost as a result of service interruptions. You understand that certain equipment, routing, software, and programming used in our services are not directly owned or developed by us, and we are not responsible for their performance or failure. Furthermore, we hold no responsibility for the use of client accounts or for any actions taken by clients. We reserve the absolute right to remove any account at any time, for any reason we deem fit, without advance notice or financial restitution (except where required by UK consumer law). Failure to comply with any of our terms will result in immediate account deactivation.

1. Your Account Responsibilities

• Account Security: You are responsible for safeguarding your account login credentials. You are fully responsible for all activities that occur under your account.
• Accurate Information: You agree to provide and maintain accurate, current, and complete information. Providing false information may result in the termination of your account.
• No Impersonation: You may not impersonate another person or entity.

2. Acceptable Use and Prohibited Conduct

Your use of our Services must be lawful. Prohibited activities include, but are not limited to:

• Illegal Activities: Using our Services for any purpose that violates UK law, or applicable international law, including hacking, phishing, spamming, and copyright infringement.
• System and Network Abuse: Engaging in any activity that disrupts the Services, such as running Tor exit nodes, open proxies, cryptomining, or consuming excessive server resources.
• Prohibited Content: Hosting or transmitting material that is illegal, obscene, defamatory, or infringes on the rights of others (including activities prohibited under the Computer Misuse Act 1990).

3. Billing, Payment, and Refunds

• Billing and Renewal: Services are billed on a recurring basis and will automatically renew at the end of each billing cycle unless you cancel your account before the renewal date.
• Payments: You authorize us and our third-party payment processors to charge your selected payment method for all applicable fees.
• Price Changes: We reserve the right to change our prices. We will provide you with at least thirty (30) days' notice of any price changes.
• Refunds and Consumer Rights: Services commence immediately upon successful payment. By signing up, you request that the service starts immediately and acknowledge that you lose your right to cancel under the Consumer Contracts Regulations 2013 once the service has been fully performed or access has been granted. Refunds are issued at our sole discretion, except where the services are faulty or not as described, in accordance with the Consumer Rights Act 2015.
• Chargebacks: Initiating a chargeback without first contacting support may result in the immediate suspension or termination of your account.

4. Data, Backups, and Liability

• User Responsibility for Data: You are solely responsible for creating and maintaining your own backups.
• No Guarantee: Capybara Hosting LTD is not responsible for any data loss, crashes, or system downtime, except as required by law.

5. Disclaimers and Limitation of Liability

• "AS IS" Service: The Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.
• Limitation of Liability: To the fullest extent permitted by the laws of England and Wales, Capybara Hosting LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Non-Excludable Liability: Nothing in these Terms excludes or limits our liability for:
  • Death or personal injury caused by our negligence;
  • Fraud or fraudulent misrepresentation; or
  • Any other liability which cannot be excluded or limited by UK law.
• Third-Party Failures: We are not responsible for failures or faults of third-party providers.

6. Termination and Account Closure

• Right to Terminate: We reserve the right to suspend or terminate your account at any time, without prior notice, for any reason, including a breach of these Terms.
• Reasons for Termination: Grounds for immediate termination include:
  • Violation of the Acceptable Use policy.
  • Non-payment of service fees.
  • Fraudulent or abusive behavior.
  • A legally binding request from UK law enforcement or competent authorities.
  • Any use that threatens the stability or security of our network.
• Effect of Termination: Upon termination, your right to use the Services will cease, and all data within your account will be permanently deleted. You are not entitled to a refund upon termination for breach of these Terms.
• Survival: Sections of these Terms that by their nature should survive termination shall survive, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

7. Intellectual Property

• Our Property: All content and trademarks on our Services are the property of Capybara Hosting LTD.
• Your Content: You retain ownership of your content. By uploading it, you grant us a license to host and display it solely for the purpose of providing the Services.

8. Indemnification

You agree to defend, indemnify, and hold harmless Capybara Hosting LTD from any claims or damages arising from your use of the Services or your violation of these Terms.

9. Modifications to these Terms

We may revise these Terms from time to time. Your continued use of the Services after changes become effective constitutes your acceptance of the new Terms.

10. Legal Compliance and Age Requirements

• Age: You must be at least 13 years old. Users under 18 must have the consent of a parent or legal guardian.
• Compliance: You are responsible for ensuring your use of the Services complies with all applicable laws. Our Services must not be used to process data in a manner that would violate the UK GDPR, Data Protection Act 2018, or other data protection frameworks like HIPAA, GLBA, or FISMA without a specific, separate agreement with us.

11. Privacy and Data Protection

Your privacy is a priority. Our separate Privacy Policy details how we collect, use, process, and protect your personal data in compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

12. Governing Law and Dispute Resolution

• Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
• Jurisdiction: You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms. By using the Services, users located outside of the United Kingdom agree to be bound by these Terms and submit to this exclusive jurisdiction, regardless of their local laws.

13. Contact Information

For any questions regarding these Terms of Service, please contact us through our support page or via email at [email protected].