Terms Of Use

ArkHost Terms of Service

Last Updated: 27/9/2024

Welcome to ArkHost, a Belgian company providing premium hosting solutions. By accessing or using our website and services, you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and any additional policies referenced herein.

1. Acceptance of Terms

These Terms govern your access to and use of the services provided by ArkHost (“Services”). By using our Services, you agree to comply with these Terms, as well as any applicable laws and regulations. If you do not agree to these Terms, you must discontinue use of our Services.

By using ArkHost, you confirm that you are at least 18 years old or have the consent of a parent or legal guardian to use our Services.

2. Company Information

ArkHost is owned and operated by ArkHost BV, a company registered in Belgium.
VAT Number: BE0770880180
Trademark: ArkHost® is registered in Belgium (BE0770880180), and trademark applications are in progress within the EU (018478072).
Contact Information:
Email: info@arkhost.com

3. Services Provided

ArkHost offers the following services:

  • Web Hosting
  • Hosted Email
  • VPS (Virtual Private Server)
  • Domain Registration and Transfer
  • SSL Certificates

These Services are provided under specific terms and conditions, which may be supplemented by additional agreements.

4. Fees and Payment

We accept the following forms of payment:

  • Mastercard/Visa
  • PayPal
  • Bancontact/MisterCash
  • Prepaid Credits

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros or US Dollars, depending on the currency you choose during registration.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

5. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

6. Prohibited Activities

You agree not to use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Site to advertise or offer to sell goods and services.
  • Engage in unauthorized framing of or linking to the Site.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s use of the Site or modifies, impairs, disrupts, or interferes with the use or features of the Site.
  • Attempt to impersonate another user or person or use the username of another user.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering tools.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Delete the copyright or other proprietary rights notice from any Content.

7. Cancellation and Refunds

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at support@arkhost.com.

Refund Policy:

  • For monthly subscriptions: We do not offer refunds for partial months of service.
  • For annual subscriptions: We offer a pro-rata refund for the unused portion of your service if you cancel within the first 30 days of your subscription.
  • One-time setup fees are non-refundable.
  • Domain registration fees are non-refundable due to the nature of domain registrations.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

8. Grounds for Suspension and Termination

You agree to comply with these Terms and Policies. Any violation of these Terms and Policies or the other rules, regulations, or policies noted above may serve as cause for ArkHost to suspend or terminate your account.

ArkHost has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

  • Using the Service in a way that constitutes a violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law).
  • Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"). You agree to pay a clean-up fee of €82 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.

9. Data Privacy and GDPR Compliance

9.1 Data Protection

As a Belgian company, ArkHost complies with the General Data Protection Regulation (GDPR) and other applicable data protection laws. We are committed to protecting your personal data and ensuring transparency regarding how we collect, use, and store your information.

For more information on how we handle your data, please refer to our Privacy Policy.

9.2 Rights Under GDPR

As a data subject under the GDPR, you have the following rights:

  • Right of Access: You have the right to request access to your personal data.
  • Right to Rectification: You may request corrections to any inaccurate or incomplete personal data.
  • Right to Erasure ("Right to be Forgotten"): You can request the deletion of your personal data in certain circumstances.
  • Right to Data Portability: You have the right to receive your personal data in a commonly used format and transfer it to another service provider.
  • Right to Restrict Processing: You may request that we limit the processing of your personal data.
  • Right to Object: You can object to the processing of your personal data for certain purposes.

You may exercise these rights by contacting us at info@arkhost.com. We will respond to your requests in accordance with GDPR requirements.

9.3 Data Security

We implement industry-standard security measures, including the use of BitNinja security software, SSL certificates, and encrypted data storage, to protect your personal data and ensure the integrity of your information. However, no system is completely secure, and we cannot guarantee the absolute security of your data.

9.4 Analytics

We use Matomo (formerly Piwik) for website analytics. Matomo is a privacy-friendly analytics platform that helps us understand how visitors use our website. Unlike other analytics tools, Matomo does not share your data with any third parties. Here's what you should know:

  • Matomo uses cookies to track visitor interactions.
  • Data collected by Matomo is stored on our own servers, not on third-party servers.
  • We do not use Matomo to track individual users or to collect any personally identifiable information.
  • Matomo anonymizes IP addresses, further protecting your privacy.
  • You can opt-out of Matomo tracking by using your browser's Do Not Track setting.

For more information about how we use Matomo and how it affects your privacy, please refer to our Privacy Policy.

10. Limitation of Liability

To the fullest extent permitted by law, ArkHost, its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from or in connection with your use of our Services, even if we have been advised of the possibility of such damages.

In no event shall ArkHost’s total liability to you for all damages exceed the total amount you have paid for the Services in the six (6) months prior to the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless ArkHost, its affiliates, officers, and employees from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your infringement of any intellectual property or other rights of a third party.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of Belgium. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Belgium.

13. Changes to Terms

ArkHost reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. We will notify you of material changes via email or account notification. Your continued use of the Services constitutes acceptance of the modified Terms.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

ArkHost BV
Email: info@arkhost.com
Address: Heusdenbaan 39, 9090 Melle

15. User Responsibilities

As a user of ArkHost services, you agree to:

  • Provide accurate and up-to-date information during registration and maintain the security of your account credentials.
  • Use the services in compliance with all applicable laws and regulations.
  • Respect the intellectual property rights of others and not use our services to infringe upon such rights.
  • Take responsibility for all activities that occur under your account.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.
  • Not use our services for any illegal or unauthorized purpose.
  • Not attempt to probe, scan, or test the vulnerability of our systems or networks.

16. Service Level Agreement

ArkHost strives to maintain a high level of service availability. We aim to provide:

  • 99.9% uptime for our hosting services, excluding scheduled maintenance.
  • Response to critical support tickets within 1 business day.
  • Regular backups of your data (frequency depends on your chosen plan).

While we make every effort to meet these targets, they are not guaranteed. In the event of extended service disruptions, we will make our best effort to compensate affected customers on a case-by-case basis, at our discretion.

For any questions or concerns regarding our service levels, please contact our support team at support@arkhost.com.

17. Third-Party Services

Our services may integrate with or provide links to third-party websites, applications, or services. These third-party services are subject to their own terms of service and privacy policies. ArkHost is not responsible for the content or practices of these third-party services. Your use of such third-party services is at your own risk.

18. Force Majeure

ArkHost shall not be liable for any failure or delay in performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, terrorism, riots, civil unrest, government actions, power failures, internet disturbances, or failure of third-party service providers.