User Agreement

Terms of use
GBNhost digital Limited
Reg. No.:
80281464
Jurisdiction:
Hong Kong SAR
Law:
Companies Ordinance (Cap. 622)
Address:
Flat 2304, 23/F, Ho King Comm Centre, 2-16 Fa Yuen Street, Mong Kok, Hong Kong

for the provision of hosting services and related services

Version 1.0

"31" August 2026

This User Agreement (the "Agreement") governs the relationship between GBNhost digital Limited, a company incorporated under the laws of Hong Kong, with its registered office at FLAT 2304, 23/F, HO KING, COMMERCIAL CENTRE, 2-16 FA YUEN STREET, Mong Kok, Hong Kong (the "Company"), and any individual or legal entity accessing or using the Company's services (the "User"), together the "Parties".

RECITALS

(A) The Company provides web hosting services, rental of virtual dedicated servers, rental of dedicated servers, server hosting, domain name registration and maintenance services, and related technical services (the "Services").

(B) The Services are provided to Users worldwide through the Company's website and control panel. This Agreement is a standard-form agreement offered to the User on a take-it-or-leave-it basis, without the right to negotiate individual terms, unless otherwise expressly agreed by the Parties in writing.

(C) Use of the Services constitutes the User's unconditional acceptance of the terms of this Agreement.

The Parties have agreed as follows:

1. DEFINITIONS

"Agreement" means this User Agreement together with all schedules, price lists and policies published on the Company's website and forming an integral part hereof.

"Company" means GBNhost digital Limited.

"User" means the individual or legal entity that has registered and/or uses the Services.

"Account" means the User's personal account in the Company's control panel.

"Services" means hosting services, server hosting (including virtual and dedicated servers), domain name registration and technical maintenance services, and other technical services described and priced on the Company's website or separately agreed by the Parties.

"User Content" means any data, files, source code, databases, websites, applications and other materials posted, uploaded or processed by the User using the Services.

"Website" means the Company's official website through which access to the Services and the control panel is provided.

"Pricing Plan" means the set of parameters and price of a given Service published on the Website or individually agreed by the Parties.

"Personal Data" means information relating to a directly or indirectly identified natural person.

"EU Law" means Regulation (EU) 2016/679 (GDPR) and other mandatory provisions of European Union and European Economic Area law on consumer protection and data protection.

1.2. Section headings are for convenience only and do not affect the interpretation of the Agreement. Terms defined in the singular include the plural and vice versa.

2. SUBJECT MATTER

2.1. The Company undertakes to provide the User with the Services in accordance with the selected Pricing Plan, and the User undertakes to accept and pay for such Services and to comply with the terms of this Agreement.

2.2. The scope, technical parameters and price of a given Service are determined by the Pricing Plan selected by the User as of the order date.

2.3. The Company may unilaterally change the scope, technical characteristics and functionality of the Services, provided their general purpose is preserved, by notifying the User in accordance with Section 16.

2.4. The Company is not a content provider in respect of websites and applications hosted by the User, does not pre-moderate User Content, and is not liable for its content except as provided in Section 5.

3. FORMATION OF THE AGREEMENT

3.1. The Agreement is concluded and becomes effective upon the earliest of: (a) the User's registration of an Account; (b) the User's indication of acceptance of the Agreement; or (c) the User's actual commencement of use of the Services.

3.2. By registering or using the Services, the User confirms that it has read the Agreement in full, understands it, and accepts it without reservation.

3.3. If the User acts on behalf of a legal entity, it represents that it has the authority to enter into agreements on behalf of, and to bind, such entity.

4. ACCOUNT

4.1. To use the Services, the User must create an Account and provide accurate, complete and up-to-date information about itself.

4.2. The User is solely responsible for safeguarding its Account credentials (login, password, API keys) and for all actions performed using the Account, regardless of who actually performed them.

4.3. The User must promptly notify the Company of any unauthorised access to the Account or other security breach.

4.4. The Company may refuse registration, suspend or delete an Account where there is a reasonable suspicion that the User has provided inaccurate information, or has breached this Agreement.

5. ACCEPTABLE USE

5.1. The User shall not use the Services to host, store, transmit or distribute content or materials that:

(a) violate the laws of the PRC, the country of the User's incorporation/residence, or the country where the Services are actually used;

(b) infringe the intellectual property rights of third parties (copyright, related rights, trademarks, patents);

(c) contain malware, viruses, unauthorised access tools or other harmful components;

(d) are used to send unsolicited messages (spam), conduct phishing, organise DDoS attacks, or engage in other forms of network abuse;

(e) constitute child sexual abuse material, extremist material, incitement to hatred, or otherwise violate public order and national security;

(f) violate privacy, contain defamatory statements, or unlawfully disclose the personal data of third parties;

(g) are used to organise illegal gambling, trafficking in prohibited substances or weapons, or other unlawful activity;

(h) place an excessive burden on the Company's infrastructure that jeopardises the stability of the Services for other users.

5.2. The Company may, on its own initiative or upon a substantiated third-party complaint, review User Content for compliance with Clause 5.1, and may remove or block access to such content without prior notice where necessary to prevent a violation or to comply with legal or regulatory requirements.

5.3. The User is solely responsible for ensuring that its content and activities comply with the laws of the country in which it conducts business or at which its website is targeted.

6. USER OBLIGATIONS AND REPRESENTATIONS

6.1. The User undertakes to:

(a) pay for the Services in full and on time in accordance with Section 7;

(b) independently back up its data and User Content;

(c) secure its Account, including through the use of strong passwords and timely software updates;

(d) promptly remediate vulnerabilities and malicious code detected in its account upon the Company's request;

(e) provide the Company with accurate contact details and keep them up to date;

(f) refrain from attempting unauthorised access to the Company's infrastructure, other users' servers, or third-party systems.

6.2. The User represents and warrants that: (a) it has the capacity or corporate authority required to enter into the Agreement; (b) funds used to pay for the Services are derived from lawful sources; (c) its use of the Services does not violate any sanctions, export control, or other mandatory legal requirements applicable to it.

7. FEES AND PAYMENT

7.1. The price of the Services is determined by the Pricing Plans published on the Website or individually agreed by the Parties.

7.2. Payment is made in advance for the applicable billing period (month, quarter, year), unless otherwise stated in the Pricing Plan.

7.3. The Company may change the price of the Services by giving the User at least 30 (thirty) calendar days' notice before the change takes effect for subsequent billing periods. A price change has no retroactive effect on an already-paid period.

7.4. In the event of late payment, the Company suspends the Services immediately upon the occurrence of the default, having notified the User accordingly.

7.5. Refunds are made in the cases and manner set out in the applicable Pricing Plan or in a separate Refund Policy published on the Website.

7.6. All prices shown on the Website are exclusive of taxes, duties and levies payable by the User under the laws of its country, unless expressly stated otherwise.

8. SERVICE LEVEL AND AVAILABILITY

8.1. The Company takes reasonable measures to ensure continuous operation of the Services but does not guarantee uninterrupted or error-free operation.

8.2. Specific availability targets (SLA), where provided under a Pricing Plan, and the consequences of failing to meet them, are set out in the relevant service-level document.

8.3. The Company may carry out scheduled maintenance upon reasonable prior notice to the User, except where urgent action is required to address a security threat or emergency.

9. SUSPENSION AND RESTRICTION OF ACCESS

9.1. The Company may suspend the Services or restrict access to the User's Account where:

(a) the User breaches Section 5 of this Agreement;

(b) payment is overdue under Clause 7.4;

(c) the Company receives a binding order from a competent authority requiring suspension;

(d) there is a threat to the security of the Company's infrastructure or of other users;

(e) there is a reasonable suspicion of fraud or provision of false information at registration.

9.2. The Company will notify the User of the suspension and its grounds, except where such notice would violate applicable law or create additional security risks.

9.3. Once the grounds for suspension are remedied, access to the Services will be restored within a reasonable time.

10. DATA, CONTENT AND BACKUPS

10.1. The User retains all rights in the User Content. The Company acquires no rights in such content, other than the technical right to process, store and transmit it to the extent necessary to provide the Services.

10.2. The User is responsible for backing up its User Content. The Company does not guarantee the recovery of lost data unless expressly provided under a separate backup service.

10.3. Upon termination of the Agreement, the Company may delete the User Content after the expiry of 7 (seven) calendar days from the date of termination, having given the User prior notice of such possibility.

11. INTELLECTUAL PROPERTY

11.1. All rights in the Company's software, control panel, trademarks, trade name and other intellectual property are owned by the Company or lawfully used by it.

11.2. This Agreement grants the User no rights in the Company's intellectual property other than a limited, revocable, non-transferable right to use the control panel for the purposes contemplated by the Agreement.

11.3. The User warrants that the posting and use of the User Content does not infringe the intellectual property rights of third parties.

12. CONFIDENTIALITY AND DATA PROTECTION

12.1. The Company processes the User's personal data for the purposes of performing this Agreement, providing the Services, and other purposes required by applicable law.

12.2. In respect of the personal data of Users located in the European Union and the European Economic Area, the Company complies with the requirements of EU Law to the extent applicable to its activities, including the data subject's rights of access, rectification, erasure and restriction of processing.

12.3. The terms of personal data processing, including the categories of data collected and the purposes and periods of processing, are set out in a separate Privacy Policy published on the Website and forming an integral part of this Agreement.

12.4. The Company may disclose the User's personal data to third parties only in the cases provided for by law, by this Agreement, or with the User's consent.

13. LIMITATION OF LIABILITY

13.1. The Company's aggregate liability to the User on any grounds connected with this Agreement is limited to the amount paid by the User for the Services in the 1 (one) month preceding the event giving rise to liability.

13.2. The Company is not liable for indirect, incidental damages, loss of profit, loss of data or reputational harm, except where such liability cannot be excluded under applicable mandatory law.

13.3. Nothing in this Section limits the Company's liability where such limitation is not permitted under applicable law, including the mandatory rights of a User who is a consumer under EU Law or other applicable consumer protection law.

13.4. The Company is not liable for the content, quality or lawfulness of the User Content, or for the consequences of its posting by third parties.

14. INDEMNIFICATION

14.1. The User shall indemnify the Company for documented losses, including reasonable legal costs, arising from: (a) the User's breach of this Agreement; (b) infringement of third-party rights in connection with the User Content; (c) unlawful use of the Services.

15. FORCE MAJEURE

15.1. Neither Party is liable for failure to perform its obligations due to force majeure events, including natural disasters, acts of governmental authorities, hostilities, and failures of communication or power networks, beyond the reasonable control of the affected Party.

15.2. The Party affected by such an event must notify the other Party within a reasonable time and take reasonable steps to mitigate the consequences.

16. TERM, AMENDMENT AND TERMINATION

16.1. The Agreement is effective from the moment of its formation under Section 3 until the Parties have fully performed their obligations or the Agreement is terminated under this Section.

16.2. The Company may unilaterally amend the terms of the Agreement by publishing a new version on the Website at least 15 (fifteen) calendar days before it takes effect. Continued use of the Services after the amendments take effect constitutes the User's acceptance of the new version.

16.3. The User may terminate the Agreement at any time by ceasing use of the Services and notifying the Company. Amounts paid will be refunded in accordance with Clause 7.5.

16.4. The Company may unilaterally terminate the Agreement in the event of a material breach by the User, including of Section 5, having notified the User.

16.5. Sections 10, 11, 12, 13, 14 and 17 survive termination of the Agreement.

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1. This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of Hong Kong (the Hong Kong Special Administrative Region of the People's Republic of China), without regard to conflict-of-laws principles.

17.2. The Parties agree that any dispute or claim arising out of or in connection with this Agreement shall be subject to the jurisdiction of the courts of the Russian Federation.

17.3. Before commencing court proceedings, the Parties shall make reasonable efforts to resolve the dispute through negotiation. A claim shall be reviewed within 30 (thirty) calendar days of its receipt.

17.4. Clauses 17.1 and 17.2 do not limit or diminish the mandatory rights of a User who is a consumer domiciled in the European Union or the European Economic Area, including the right to bring proceedings in the courts of its place of residence and to rely on the mandatory consumer protection rules of its country, to the extent such rights are granted under EU Law and cannot be excluded by agreement of the parties.

17.5. Nothing in this Section limits either Party's right to apply to a competent authority for urgent interim relief.

18. MISCELLANEOUS

18.1. Entire Agreement. This Agreement, together with the Privacy Policy, the applicable Pricing Plans, and other documents published on the Website, constitutes the entire agreement of the Parties in respect of its subject matter.

18.2. Severability. The invalidity of any individual provision of the Agreement does not affect the validity of the remaining provisions.

18.3. Assignment. The User may not assign its rights and obligations under the Agreement without the Company's prior written consent. The Company may assign them to an affiliate or successor, having notified the User.

18.4. Notices. Notices under the Agreement are sent to the email address provided by the User at registration, or by posting information in the Account or on the Website.

18.5. Waiver. Failure or delay in exercising any right under the Agreement does not constitute a waiver of that right.

18.6. Language. The Agreement is drawn up in Russian and English. In the event of any discrepancy between the versions, the English version shall prevail, unless mandatory provisions of applicable law require otherwise.

19. COMPANY DETAILS

GBNhost digital Limited

Country of incorporation: Hong Kong, People's Republic of China

Registered office: FLAT 2304, 23/F, HO KING, COMMERCIAL CENTRE, 2-16 FA YUEN STREET, Mong Kok, Hong Kong

Email: info@gbnhost.my

Website: https://gbnhost.my

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