Terms of Service

Last updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ITM Nord AS ("Company," "we," "our," or "us") regarding your use of TakeHost hosting services available at takehost.biz. By accessing or using our services, you agree to be bound by these Terms.

2. Description of Services

TakeHost provides web hosting services including but not limited to:

  • Virtual Private Servers (VPS)
  • Dedicated Server Hosting
  • Game Server Hosting
  • Domain registration and management
  • Technical support and maintenance

3. Account Registration and Security

To use our services, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access
  • Keeping your account information current and accurate

4. Acceptable Use Policy

You agree not to use our services for:

  • Illegal activities or content that violates applicable laws
  • Distributing malware, viruses, or harmful code
  • Spamming, phishing, or fraudulent activities
  • Infringing on intellectual property rights
  • Adult content or services (without prior approval)
  • Activities that compromise server security or stability
  • Excessive resource consumption that affects other users

5. Payment Terms

  • All fees are due in advance and non-refundable unless otherwise specified
  • Services may be suspended for non-payment after 7 days past due
  • We reserve the right to change pricing with 30 days notice
  • Refunds are provided according to our refund policy
  • You are responsible for all taxes and fees

6. Refund Policy

Our refund policy varies depending on the type of service:

Dedicated Servers - No Refunds

We do not offer refunds on dedicated server services due to the physical involvement and resources required to provision, configure, and deploy dedicated hardware. This includes:

  • Hardware allocation and configuration
  • Operating system installation and setup
  • Network configuration and IP assignment
  • Physical datacenter resources and space

Once a dedicated server is provisioned, the service is considered delivered and all payments are final and non-refundable.

Excessive Traffic Usage - No Refund Eligibility

Services that consume more than 1 TB of bandwidth within the first 24 hours of activation are not eligible for refunds. Once the service has been provisioned and utilized with significant traffic volume, it is considered fully delivered and consumed.

This policy ensures fair usage of our infrastructure and prevents abuse of our refund terms while consuming substantial resources.

Other Services

For VPS, web hosting, and other virtual services, refunds may be available within the first 24 hours of service activation, subject to our standard refund terms and conditions. Please contact support for refund requests.

7. Bandwidth and Network Performance

TakeHost provides high-speed network connectivity for all virtual server services. Our bandwidth offerings are structured as follows:

Port Speed vs. Guaranteed Bandwidth

Virtual Private Servers (VPS) may be advertised with port speeds of 20 Gbps, 40 Gbps, or 50 Gbps. These represent the maximum potential speed available on the network port. However, actual sustained bandwidth depends on various factors including network conditions, server location, and overall infrastructure load.

Bandwidth Limitations

VPS servers that utilize excessive bandwidth or dedicated servers without a bandwidth commitment will be limited to 1 Gbps. This policy ensures fair usage of our network resources and maintains optimal performance for all customers.

Committed Bandwidth Options

For customers requiring guaranteed, unmetered high-speed bandwidth, we offer commitment-based plans. For example:

  • 10 Gbps Guaranteed & Unmetered: €415.00/month with commitment

Please contact our sales team at sales@takehost.biz for custom bandwidth requirements or to discuss commitment-based plans tailored to your needs.

Best-Effort Optimization

We continuously optimize our network infrastructure to provide the highest possible speeds while balancing cost-effectiveness. Our commitment is to maintain high bandwidth availability even at competitive pricing points.

Important: Services exceeding fair usage bandwidth limits without a commitment plan may be throttled to 1 Gbps. To avoid limitations, consider our committed bandwidth options for guaranteed performance.

8. Service Level Agreement

We strive to provide:

  • 99.9% uptime for our hosting services
  • 24/7 technical support
  • Regular backups and security monitoring
  • Prompt response to support requests

Service credits may be available for extended downtime as outlined in our SLA policy.

9. Data and Content

You retain ownership of your data and content. However, you grant us the right to:

  • Store and process your data to provide services
  • Create backups for data protection
  • Access data when necessary for support or legal compliance

You are responsible for backing up your data and ensuring compliance with applicable laws.

10. Suspension and Termination

We may suspend or terminate services:

  • For violation of these Terms or our policies
  • For non-payment of fees
  • For illegal or harmful activities
  • To comply with legal requirements

You may terminate your account at any time with proper notice. Data may be deleted after account termination.

11. Limitation of Liability

To the maximum extent permitted by law, ITM Nord AS shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services. Our total liability shall not exceed the amount paid by you for services in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless ITM Nord AS from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of third-party rights.

13. Governing Law

These Terms are governed by Norwegian law. Any disputes shall be resolved in the courts of Norway, with jurisdiction in Tromsø.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notice. Continued use of services constitutes acceptance of modified Terms.

15. Contact Information

For questions about these Terms of Service, please contact us:

ITM Nord AS

Organization Number: 833673432

Address: Tromsø 9007, Norway

Email: legal@takehost.biz

Support: support@takehost.biz

Website: takehost.biz