Terms of Service

These Terms of Service ("Terms") govern your access to and use of BrainHost services.

Last updated: 2025-09-04

Related: Privacy Policy · Acceptable Use Policy · Docs · Support

Definitions & Scope

BrainHost Inc. ("BrainHost", "we", "us", or "our") provides infrastructure services including virtual private servers (VPS), networking, storage (backups/snapshots), and related features accessible via our website, customer portal, and APIs. These Terms apply to all services, content, and materials we provide.

By using our services, you accept these Terms and agree to comply with all applicable laws and our policies referenced herein.

Accounts & Eligibility

You must be of legal age in your jurisdiction to create an account and use our services.
You are responsible for maintaining account security, including strong passwords and, where available, enabling two‑factor authentication (2FA).
You are responsible for all activities that occur under your account.
Reselling, subletting, or operating as an unapproved proxy or intermediary is prohibited unless expressly authorized by BrainHost.

Services & Changes

We may modify services for security, regulatory, performance, or reliability reasons. Material changes will be announced with reasonable notice where practicable.
Features and availability may vary by region and are subject to technical and regulatory constraints.
Beta or experimental features may be provided as‑is and can change or be removed at any time.

Billing, Taxes & Refunds

Pricing is displayed at checkout or within your account. Invoices are issued via our billing system.
You agree to pay all fees when due. Failure to pay may result in suspension or termination.
Taxes and regulatory fees may apply based on your jurisdiction and will be added where required by law.
Refunds: Unless required by law or explicitly stated in your plan, fees are non‑refundable. If a refund policy applies, eligibility may exclude overdue accounts, abuse, or violations of the AUP or these Terms.
For billing inquiries, contact Support via Support.

Acceptable Use & Compliance

You must comply with our Acceptable Use Policy. Prohibited activities include, among others, illegal content, malware distribution, network attacks, spam, operating open proxies/relays, unauthorized penetration testing, and copyright infringement. Violations may lead to suspension or termination and cooperation with law enforcement.

Data & Privacy

We process personal data as described in our Privacy Policy, including purposes, legal bases, retention, international transfers, and your rights. You are responsible for complying with applicable data protection laws when you process third‑party data using our services.

Intellectual Property & Licensing

All site content, software, documentation, and trademarks are owned by BrainHost or its licensors and are protected by applicable laws.
We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use our services in accordance with these Terms.
You retain ownership of your content. You grant BrainHost necessary rights to host, transmit, and process your content for the purpose of providing the services.

Third‑Party Services & Dependencies

Our services may interoperate with third‑party software, networks, or providers. Third‑party offerings are governed by their own terms, and BrainHost is not responsible for their availability, performance, or security.

Service Level & Maintenance

We strive for high availability. Scheduled maintenance windows may be announced on our status page.
Maintenance and events outside of our reasonable control (force majeure) may affect availability.
SLA targets, if any, may be published separately and are incorporated by reference.

Disclaimers & Liability Limits

Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.
To the maximum extent permitted by law, BrainHost shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, data, or goodwill.
To the extent liability cannot be disclaimed, the total aggregate liability of BrainHost for claims arising out of or related to the services shall not exceed the amounts paid by you to BrainHost for the services in the twelve (12) months preceding the event giving rise to liability.

Indemnification

You agree to indemnify and hold harmless BrainHost and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services; (b) your breach of these Terms or the AUP; or (c) your violation of applicable law or third‑party rights.

Termination & Suspension

You may terminate your account at any time via the customer portal or by contacting Support.
We may suspend or terminate services with or without notice for non‑payment, AUP violations, suspected fraud or abuse, legal or regulatory reasons, or to protect the platform and other users.
Upon termination, your access will cease and data may be deleted after any applicable retention window. You are responsible for timely backups.

Governing Law & Dispute Resolution

These Terms are governed by the laws applicable to BrainHost Inc. without regard to conflict of laws principles. Disputes shall be brought in the courts or forums having jurisdiction over BrainHost Inc., unless otherwise required by applicable law. Where available, small‑claims court or arbitration may apply as provided by local law.

Terms Updates & Notifications

We may update these Terms from time to time. Changes will be published on this page with an updated "Last Updated" date. Material changes may be communicated through additional channels such as email or service announcements. Continued use of the services after changes take effect constitutes acceptance.

Contact Information

For legal inquiries: legal@brainhost.com
General support: visit /support.