Since it has to be said:
This Services Agreement (the „Agreement“) contains the complete terms and conditions which govern your subscription of web hosting, e-commerce and other internet-related services provided by Sustainable Hosting (the „Services“), as well as your use of this informational website. This Agreement is imposed to protect you, other Sustainable Hosting customers, and us against harm.
As used in this Agreement, „Sustainable Hosting“ means Sustainable Hosting and its managers, and „Client“, „you“ or „your“ means you and any organisation you represent. By submitting an order you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Sustainable Hosting Site. „Site“ refers to a web site or internet service, and „Sustainable Hosting Site“ refers to any site located at the Sustainable Hosting domain, or any successor sites owned or maintained by Sustainable Hosting.
Sustainable Hosting reserves the right to change this Agreement at any time, so please check this page periodically or when in doubt, as to keep automated communications to a minimum, you will not be otherwise notified of a change.
Sustainable Hosting strives to provide the best possible service to all customers, but will not tolerate unlawful activity or abuse on its servers, except where the law is used to supress actions or opinions they simply don’t like. Any such unlawful activity or abuse negates any guarantees or chance of a refund.
1. Appropriate use of the Services
Sustainable Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services and protect free speech.
Client content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client — or through Client by a third party — to any Sustainable Hosting server in connection with Client’s use of the Services which:
- infringe any intellectual property rights (copyright, trademark, patent or other proprietary rights) of Sustainable Hosting or any third party;
- violate any legally applicable provincial, state, federal, national or foreign laws or regulations;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory on the basis of gender, race or age, or promote hate;
- are unreasonably sexual in nature;
- violate our acceptable use policy, or that of our upstream providers;
- contain viruses or other programming defects (whether or not they are intended) which result in damage to Sustainable Hosting or any third party.
Bandwidth. Client may occupy only the agreed-upon amount of disk space on Sustainable Hosting servers and use no more than the network bandwidth allotted. Additional fees may be charged for exceeding the network bandwidth allowance.
Resource utilisation. Each account is allowed unfettered access to server resources. However, Sustainable Hosting reserves the right to suspend any account that affects normal server operation or service to other customers.
Prohibited software. Client may not run scripts or software that are poorly written with respect to server resources, or that present a security risk. This includes open proxy servers and anonymisers, unattended bulk mailers, malware or spam-generating software, and any software known for runaway resource use, which currently includes crypto miners and unattended large language model workloads.
No spam. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices, at Sustainable Hosting or elsewhere, that mention or reference any domain hosted on Sustainable Hosting servers or parked on Sustainable Hosting DNS servers. Clients found using Sustainable Hosting resources to send spam will be subject to a fine, and reporting to the applicable authorities. Acceptance of this agreement implies acceptance of the need to pay said fine.
Licensed software only. Client agrees to use only properly licensed third-party software in connection with Client’s use of the Services.
2. Termination
Sustainable Hosting reserves the right to refuse service to anyone. Sustainable Hosting, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report unacceptable behaviour by a third party using the Services, please contact customer support.
3. Payment obligations
Full payment is required from Client before any Service is rendered, including renewals. Payment will be collected automatically at the beginning of Client’s billing cycle using the billing information provided at signup or subsequently updated, where possible.
Client must promptly remit payment when it is due. Although it is not internal our policy to do so, if payment or credit authorization is not received by the due date, Sustainable Hosting reserves the right to make Client content inaccessible. Sustainable Hosting may use collection agencies to recover amounts due and reserves the right to report seriously delinquent accounts.
4. Client liability and indemnification
The parties agree that in no event shall Sustainable Hosting be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Sustainable Hosting from any and all expenses, losses, liabilities, damages or third-party claims resulting from Client’s breach or alleged breach of any Client obligations set out here. We do not guarantee any offered services‘ fitness for a specific purpose. You agree to use all Sustainable Hosting Services and facilities at your own risk.
Client agrees to defend, indemnify and hold harmless Sustainable Hosting against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with Sustainable Hosting Services; any material supplied by Client infringing or allegedly infringing the proprietary rights of a third party; copyright infringement; and any defective products sold to a customer from Sustainable Hosting servers.
5. Client data
While Sustainable Hosting will make every effort to maintain backups of Client data, Client agrees and accepts that said backups are meant for internal use. All responsibility for backups lies with the Client, unless otherwise agreed in writing.
6. Term, termination and cancellation
Other than regarding use of this informational site, subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services (the „Billing Cycle Date“), and shall continue in effect for a period of no less than one (1) year unless otherwise specified by separate agreement or unless terminated earlier under this section.
Either party has the right to terminate this Agreement. Notification of termination must be received at least thirty (30) business days prior to your Billing Cycle Date in order to avoid charges in full for the next Billing Cycle. If Client is terminating, Client must request cancellation by emailing the billing department. Sustainable Hosting will respond with a cancellation confirmation, which Client should retain as proof of termination. It is the Client’s responsibility to secure that email confirmation; if it has not been received, the account remains active and will continue to be invoiced.
If Client has a balance due at the time of termination, that balance must be paid in full. Termination does not absolve Client of outstanding financial obligations. Cancellation requests become effective within thirty (30) days after notice has been provided. Where a Client’s continuing use of the service jeopardizes the stability of the service to other clients, Sustainable Hosting reserves the right to terminate this Agreement immediately.
Sustainable Hosting reserves the right to retain Client’s data in an offline, but ready to resume, fashion for six months after explicit or implied termination. This is for security reasons as well as preparation in case Client is dissatisfied with other services and wishes to return.
7. Taxes
Client will pay, and will indemnify and hold Sustainable Hosting harmless from, any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
8. Disclaimer of warranty
The Services and the Sustainable Hosting Site, including without limitation all products and services displayed or offered on it, and all text, graphics, links and applications, are provided to Client on an „as is“ basis and without warranty of any kind. Sustainable Hosting (again) disclaims all warranties, express or implied, with respect to each of the foregoing, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing. Without limiting the generality of the foregoing, Sustainable Hosting specifically disclaims any warranty that the Services will be uninterrupted or error-free; that defects will be corrected; that there are no viruses or other harmful components; or that the security methods employed will be sufficient.
9. Limitation of liability
In no event shall Sustainable Hosting be liable for damages resulting from loss of data, loss of profits, or use of the Sustainable Hosting Site or any Sustainable Hosting products or services, nor for any incidental, indirect, punitive or consequential damages in connection with this Agreement or with any products or services provided under it.
Sustainable Hosting policies are subject to change without notice. Continued use of the Services after a change to this Agreement, or after a new policy is implemented and posted on the Sustainable Hosting Site, constitutes your acceptance of such change or policy.
10. Severability
Client recognises that any liability upheld in spite of this Agreement will be that of Sustainable Hosting alone, holding harmless its members and managers. If any portion of this Agreement is determined to be void or non-applicable, the remaining clauses, and parts thereof, shall persist.
Statutory rights
Nothing in this Agreement limits any rights you have that cannot be limited by law. If you are a consumer resident in the European Union, you keep your mandatory statutory rights under EU and Belgian consumer law, and those rights take precedence over anything in this Agreement that conflicts with them.