Terms of Service

1. Agreement and Definitions

These Terms of Service (the "Terms") are an agreement between you ("you", "Customer") and BanaHosting.com ("BanaHosting", "we", "us"). "Services" means all hosting products we offer — web hosting, semi-dedicated hosting, reseller hosting, VPS and dedicated servers — together with domain registration, the client area at manage.banahosting.com and this website. By creating an account, placing an order or using any Service, you accept these Terms in full.

Our Privacy Policy, Cookie Policy and Refund Policy are incorporated into these Terms by reference.

2. Your Account and Eligibility

• You must be at least 13 years old to use the Services, and old enough to enter a binding contract in your jurisdiction.
• You agree to provide accurate, current registration and billing information, and to keep it up to date. New orders may pass an anti-fraud screening before activation.
• You must keep a valid contact email address that is not hosted on your own account with us — official billing, support and abuse notices are sent there.
• You are responsible for safeguarding your passwords and API/SSH keys, and for all activity under your account — including activity resulting from compromised credentials or insecure scripts. Keep the software you install updated and directory permissions as restrictive as possible.

3. Acceptable Use Policy

The Services may be used for lawful purposes only. The following are prohibited on all Services:

• Illegal content or activity of any kind, or content that promotes it
• Child sexual abuse material — zero tolerance: immediate suspension and report to law enforcement
• Sending unsolicited email or bulk mail (spam), including purchased or “safe” lists; hosting sites advertised through spam
• Phishing, identity theft, fraud schemes (Ponzi, HYIP, pyramid/MLM) or fraudulent storefronts
• Creating, hosting or distributing malware, ransomware, exploits or command-and-control infrastructure
• Cryptocurrency mining of any kind
• Port/IP scanning, brute-force attacks, mail bombing, or participating in denial-of-service attacks
• Public proxies, anonymizers or open relays
• Distributing copyrighted material without authorization (warez, pirated software, media dumps) or linking to it
• Content dedicated to hate, harassment or threats against individuals or groups
• Selling controlled substances without verifiable permits
• Interfering with the service of other customers or the integrity of our network

Additionally, on shared platforms (web hosting, semi-dedicated and reseller): unattended background processes and daemons (e.g. IRC servers), web spiders/indexers, commercial media streaming, and file-dump or bulk image/file hosting services are not permitted, because they degrade the experience of neighboring accounts.

All abuse reports are handled through tickets and receive a response within 48 hours. If our abuse team writes to you, you must respond within 48 hours or the affected service may be suspended. If you are unsure whether your project is acceptable, ask us first — we answer quickly.

4. Fair Use: "Unmetered" and "Unlimited"

"Unmetered" bandwidth and "unlimited" storage mean we set no predefined cap for the normal operation of a website. They do not mean infinite resources: shared platforms are engineered and monitored (with CloudLinux per-account isolation) so that thousands of ordinary sites coexist smoothly. Using an account for file storage, backups of other systems, media archives or file sharing is outside normal website operation and is not permitted.

As a guideline, sustained use of 25% or more of a shared server's resources for more than 90 seconds is considered excessive. If your site outgrows its plan, we will contact you to upgrade before taking action, except where the platform's stability is at immediate risk.

5. Service Level: 99.9% Uptime

We operate a fully redundant Juniper-based network with no single point of failure, and datacenters in the USA and Europe. We target 99.9% network uptime in any calendar month. If we miss that target, you may request a service credit through a support ticket within 30 days of the incident; verified qualifying downtime is compensated with hosting credit applied to your account, proportional to the downtime, up to the value of one month of the affected service.

Excluded from the SLA: scheduled maintenance announced in advance, emergency security maintenance, issues caused by your own application, code or configuration, suspensions under these Terms, and events beyond our reasonable control (force majeure). Credits are applied as hosting credit and are not redeemable for cash.

6. Backups and Your Data

Automatic backups run on our shared platforms as a courtesy service; they are provided without guarantee and are not a substitute for your own backups. You are responsible for maintaining current, off-server copies of your files, databases and email. Self-managed services (VPS and dedicated servers) include no platform backups unless contracted separately.

After a service is cancelled or terminated, the data associated with it may be permanently deleted. Export everything you need before cancelling.

7. Billing, Renewals and Late Payments

• Services are billed in advance and renew automatically using the payment method on file, so your services are never interrupted by an oversight. There are no lock-in contracts: you can cancel any service at any time from the client area, and a cancellation is complete when you receive our email confirmation.
• Invoices are due on their due date, with a 10-day grace period. Past that, a late fee may apply and the service may be suspended until the balance is settled. All services on an account must be in good payment standing.
• Chargebacks and payment disputes: if a payment is reversed or disputed, we may suspend the related services until the amounts owed — including any fees charged to us — are settled. Contact billing first; disputes are almost always faster to resolve directly.
• Duplicate payments made through duplicated PayPal subscriptions are applied as account credit.
• We may change prices; changes take effect at your next renewal and never mid-cycle. The price you signed up at is the price you renew at unless we notify you otherwise in advance.

8. Refunds

Web hosting, semi-dedicated and reseller plans include an unconditional 30-day money-back guarantee covering your hosting fees. New domain registration fees, dedicated servers, VPS/cloud servers, administrative fees and custom-software installation fees are not refundable. Only first-time accounts are eligible, and violations of these Terms waive the guarantee. Full details, timelines and the request process are in our Refund Policy.

9. Suspension and Termination

We may suspend or terminate a Service, with or without prior notice, when: these Terms or the Acceptable Use Policy are violated; invoices remain unpaid after the grace period; the Service is used in a way that threatens the security or stability of the platform or other customers; or we are required to do so by law. Abusive treatment of our staff, in any medium, is grounds for suspension or termination. For serious violations (such as child sexual abuse material, malware or spam campaigns) action is immediate.

Where the situation allows it, we will notify you and give you the opportunity to resolve the issue before terminating. After termination, account data may be permanently deleted as described in section 6.

10. Resellers

Reseller hosting is white-label: your clients see your brand, and you are their provider. You are responsible for supporting your clients and for ensuring every account you create complies with these Terms. BanaHosting does not provide direct support to a reseller's clients; if one contacts us, we may place the account on hold until you assume responsibility for it. Serious violations inside a reseller account (section 3) may be acted upon directly, and repeated incidents may affect the reseller account itself.

11. Intellectual Property

You retain all rights to the content you host with us, and you grant BanaHosting only the limited rights needed to store, transmit and display it as necessary to provide the Services. You represent that you have the necessary rights to everything you host. BanaHosting's name, logo, website, software and infrastructure remain the exclusive property of BanaHosting and its licensors; nothing in these Terms transfers them to you.

12. Disclaimers and Limitation of Liability

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind beyond those expressly stated in these Terms (such as the SLA in section 5). BanaHosting shall not be liable for indirect, incidental, special, consequential or punitive damages — including lost profits, lost revenue or lost data — arising from the use of, or inability to use, the Services.

In any event, BanaHosting's total aggregate liability for any claim related to the Services is limited to the amount you paid us for the affected Services during the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

You agree to indemnify and hold harmless BanaHosting, its owners, employees and contractors from any third-party claims, damages and reasonable costs (including legal fees) arising from your content, your use of the Services, or your violation of these Terms or of any law or third-party right.

14. Changes, Governing Law and Contact

We may update these Terms from time to time. Updates are posted on this page with a new "last updated" date, and material changes will be announced through the client area or by email. Continued use of the Services after changes take effect constitutes acceptance.

These Terms are governed by the laws of the jurisdiction in which BanaHosting operates, without regard to conflict-of-law principles. If any provision is found unenforceable, the remaining provisions remain in full force. Questions about these Terms? Reach us through our contact page.