Last updated 2019.02.12
We may modify this Privacy Policy at any time and without prior notice. By using our services after we post these changes, you indicate you accept them.
Please read these Terms of Service (TOS) very carefully.
You agree that by registering for, accessing or using the Services, you are entering into a legally binding agreement with PressHill (“we”, “our”, “us” or similar terms), together called “parties”. If you do not agree with these terms, you must not access or use our Services.
Wherever used in this TOS, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer or contractor) or other legal entity, you represent and warrant that you have the full authority to bind that company or other legal entity to this TOS.
We may alter this TOS at any time with notification to you by email or by posting a notice in your User Area. If you do not agree to any changes, you must terminate your Services immediately. Your continued use of the Services following the notifications of changes to this TOS will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the TOS while using the Services.
No oral explanation or oral information shall alter the interpretation of this TOS. Only a CEO of PressHill may alter this TOS. No other person acting on behalf of PressHill has any authority to alter this TOS.
This TOS, together with your order, represent the entire agreement relating to the Services and supersedes any agreements previously entered into between you and PressHill. Any other contract provisions presented by you are expressly rejected.
A failure by us to enforce any provision of the TOS will not be deemed to constitute a present or future waiver of such provision. All waivers must be made in writing.
We reserve the right to refuse or terminate Service to anyone at any time for any reason.
User Area
The User Area at https://account.presshill.com is the main communication channel between you and PressHill and the main tool in managing Services, Funds and support requests.
By accessing the User Area, you warrant that you have the experience and knowledge necessary to use the Services and you have sufficient knowledge about administering and operating the functions facilitated by the Services.
You will create a password and account designation to your User Area upon completing the Service’s registration process. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them. You are fully responsible for all activities that occur under your password on the account. We cannot and will not be liable for any loss or damage arising from your failure to prevent unauthorised access.
You are responsible for providing valid contact & payment information in the User Area and keeping it up to date. If you fail to do so, we accept no liability in the event that your Services are interrupted or deleted due to failure of payment by charging the provided payment accounts or that it grants access to the account or gives ownership of the account to another person or fails to communicate to you for any reason or any other damage because of incorrect or outdated information in your User Area.
You are required to provide notices to us about the Services through the User Area. We will provide notices to you using the information you provide to us in the User Area and/or through the contact email address provided by you. We have no responsibility for misdirected notices based on your failure to provide correct information.
Privacy Policy
By applying this TOS you agree to our Privacy Policy which you can find at https://www.presshill.com/privacy-policy.
By providing us personal information, you agree that we can transfer and store your data and other information at third-party partners and countries, mentioned in our Privacy Policy. These countries may have different and/or less stringent privacy/data protection and data security rules than those of your own country. As a result, your personal information may be subject to access requests from governments, courts, or law enforcement agents in those countries according to the laws in those countries.
You acknowledge, consent, and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOS, respond to claims that content violates the rights of third parties, respond to your requests for customer service or protect the rights, property, or personal safety of PressHill, its principals, employees, associates, affiliates, users, and the public.
We have the right to mention your name as a client of PressHill without your prior consent.
Payment
You give us permission to use third party payment providers (such as PayPal and others). We do not keep any records of your credit card details at any point.
We will review all orders to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). We might ask you for additional information before we can process your order. You may receive notice that your order has been cancelled because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular order fails to pass the Fraud Screen. Orders that fail our Fraud Screen will not be processed and Service will not be provided. We have no liability for orders that are not processed because they have failed our Fraud Screen.
We charge monthly for our own Services. For third-party Services we charge according to the TOS of those Services.
If you choose to pay for Services in advance, funds will be deposited into the “Funds” account visible in your User Area and all charges will be deducted from its balance at first.
We will try to renew our Services 14 days prior to the expiration of those Services automatically. Third-party services will be attempted to renew according to the TOS of those services. We will use the deposit from your “Funds” balance for this. If funds are not sufficient, we will try to charge your current payment method for an insufficient amount.
If we cannot process the current payment method at the scheduled date, we will make additional attempts to charge other payment methods described in your User Area. We will always try to charge the primary payment method first. If the primary payment method fails, we will retry and use other payment methods in the order listed in your User Area. We are not responsible for your data or domain name if Services are terminated because your payment methods have expired or are no longer valid for any reason. Subject to our discretion, we may provide an additional 5 days before initiating our Service termination.
You can add/extract funds to/from your “Funds” balance at any time. Only funds in the “Funds” account are refundable, except for new customers on their first payment for the first 30 days.
You authorize us to send to you invoices electronically at the email address specified in your User Area. Invoices will be created only after successful payment processing only to non-refundable amount.
If you believe there is an error in payment or invoice, you must contact us through the User Area. Both parties agree to work together in good faith to resolve any financial disputes. Both parties agree to reasonably respond to such disagreement at least 3 times and provide 7 days for the other party to respond to each message. If you contact your credit card company and initiate a “chargeback” prior to the ending of such dispute or without notification to us through the User Area at all, you agree to be charged €200 for investigation and processing. All your Services will be suspended during chargeback disputes. To reactivate your Services, you must first pay all outstanding fees.
Applicable value added tax and other duties will be added to all the prices.
Our initial 30 day money back guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this TOS.
Affiliates
From your User Area you can join or cancel our Affiliate program at any time.
You are responsible for providing and keeping up to date all information in the Affiliate section in the User Area. We reserve the right to request additional data regarding places where you promote us, all website URL where promotion materials are posted, describe the promotional practices you use or any other details we may require.
We track affiliate sales automatically by the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 90 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. We are not responsible and shall not be held liable if the customer deletes or alters cookie data.
Once a hosting is purchased, your “Pending Affiliate” account will be credited 100% of the referred customer’s first month worth of monthly payment. If the reffered client didn’t process refund during the 30-day trial period, 7 days after ending this period, these funds from “Pending Affiliate” will be automatically transferred to your “Funds” account which you can use on your discretion.
As an affiliate, you may use any form of honest & ethical promotion you choose. Unsolicited emails (SPAM) and other unethical activities are prohibited. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited e-mail or other unethical activity will result in your immediate termination from the Affiliate Program and withdrawal of all funds earned from our Affiliate Program, regardless of their origin – ethical or not.
You are responsible for the payment of all taxes related to the commissions you earn from us.
We can stop your membership in the Affiliate program at any time for any reason.
Refund Policy
After first-time account registration, you have 30 days trial period. During this period you can at any time for any reason cancel your account and receive a full refund for hosting services.
After trial period, only prepaid or earned as commission funds from “Funds” account in your User Area are refundable. Hosting cost of last month and, in case we proceeded payment 14 days before the end of paid month, the next month of hosting is non-refundable.
Third-party services (domain, CDN, email providers or others) are not refundable in any cases.
You have the right at any time to initiate a refund of any amount of unused prepaid funds from “Funds” account from your User Area.
After terminating Services only unused funds from “Funds” account in the User Area will be refunded.
Backups
We will use good faith efforts to backup data stored on your servers. Backups are intended for our internal use and we cannot guarantee that a backup will be available for restore upon your request. You agree that it is your responsibility to backup all your content to the third party in order to prevent potential data loss. You agree that you will maintain your own set of backups in a location independent of ours.
You agree to notify us through the User Area in case of our backups malfunction. If you are not satisfied with the outcome of our backup, it is your obligation to restore your files and data from your own backup.
Websites Migration
If your website configuration is not compatible with our servers, it may be impossible to transfer your website to us. You are responsible for adjusting your website in line with to our servers configuration.
We will mandatorily implement SSL certificates to you through Let’s Encrypt service. Installation of other SSL certificates should be done manually by you.
Support Boundaries
We limit our technical support to only the support related to physical functioning of provided server. We do not offer any technical support for issues of installed Content Management System or other applications or technical support for your customers.
It is your obligation to perform and store a backup of your data and files prior to requesting technical support. In the event that you are not satisfied with the outcome of any technical support, it is your obligation to restore your files and data from your own backup.
Delisting blacklisted IPs is subject to a €500 fee per delisting from one database.
Domain names
The registration of the domain name and its ongoing use are subject to the relevant naming authority’s TOS, and you are responsible for ensuring that you are aware of them. You agree to be bound by the rules provided by the respective Registrar, ICANN’s (Internet Corporation for Assigned Names and Numbers) Uniform Domain Name Dispute Resolution Policy (UDRP) and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. You waive any claims you may have against us if a naming authority refuses to register a domain name.
We do not guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted to register a domain name until you have been notified by us that your requested domain name has been registered.
You are solely responsible for providing us with accurate and up-to-date contact and payment information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information or because we failed to process your payment. Any changes made by you to your details using the User Area are your own responsibility. When you renew your domain name registration, the type of information you are required to provide may change. If you do not provide the new information, your registration cannot be renewed.
Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned. We will take no part in any such dispute. We reserve the right, upon becoming aware of such a dispute, at our sole discretion, to either suspend or cancel the domain name, and/or make appropriate representations to the relevant naming authority.
If you intend to sell the use of a domain name to a third party, or to allow a third party to use it, you are still responsible for providing the contact information specified above. You accept liability for such a registration, and remain responsible for payment of the relevant Fees and performance of all other obligations under this TOS.
Limited Warranty Liability
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. PressHill disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of non-infringement or fitness for your purpose.
The parties expressly note that the Services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
You acknowledge that the Services provided is of such a nature that Service can be interrupted for many reasons and that damages resulting from any interruption of Service is difficult to ascertain. You expressly understand and agree that PressHill and its parent, subsidiary and affiliated companies, third party Service providers, partners and licensors and each of their respective officers, directors, employees, shareholders, agents (“Indemnified Parties”) will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary or any other damages, including, but not limited to, damages for loss of profits, cost savings, revenue, goodwill, use, data or other tangible or intangible losses by you or any other third party (even if such losses are reasonably foreseeable or we had actual notice of the possibility of such damages or it occured because of our negligence), resulting from the the use or the inability to use the Service; the cost of procurement of substitute goods and Services resulting but not limited from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service or any other matter relating to the Service. You agree to defend, compensate fully and not counter-claim against Indemnified Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising from or relating to your use of the Services, any violation by you of any of our policies, any breach of any of your representations, warranties, or covenants contained in this TOS and/or any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this liability only, the term “you” includes you, end users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
You agree that the foregoing limitations apply whether in an action in contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages.
You bear the ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.
Our hardware configurations may vary. We may update or upgrade the Services and/or any software installed on your account, replace your host server hardware, transfer it from one datacenter to another, transfer your account to another server, or modify certain software configurations when deemed necessary by us at any time without prior notification to you. These differing configurations may result in different performance from the Services.
You warrant that you will pass through the terms of this TOS, and any agreements incorporated by reference, for your clients and end users. You will be held responsible for the actions of your clients and end users in the matter described in this TOS.
You are solely responsible for obtaining any licenses or permissions, intellectual property rights, including but not limited to trademarks from any third party which are required to upload content to the Services.
If you submit feedback to us in the form of tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this communication.
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this TOS and any breach of this TOS is solely limited to the amount you paid for one month for such Services. In case of a disagreement over the amount of the compensation payable to the Customer, our decision on the issue will be binding and final.
Termination
We reserve the right to terminate any Service to anyone at any time for any reason. After termination you have 7 days to migrate your data. After 7 days all your data will be deleted. At the time of termination we will initiate a refund according to our Refund Policy.
You may terminate any Service at any time for any reason. Service Termination requests must be initiated through your User Area. We will send you an email confirmation to acknowledge your completion of the Cancellation Request. If you do not complete all steps of the Cancellation Request, or if you fail to use a Cancellation Request to terminate the Services, the Services will not be terminated, and Fees will still be charged. You must follow this procedure in order to terminate each Service. Once you complete a Cancellation Request, we will process it and issue a refund according to our Refund Policy.
After the termination of the Services, your domain may be pointed to a suspension page which may contain advertising. We shall retain any benefits associated with it.
Certain Information
PressHill is a name of Presas Hilas, UAB, Incorporated in Lithuania and acted through the website https://www.presshill.com and website’s subdomains. Our companys ID number: 304917049. Our company’s EU VAT number: LT100011891815. You can contact us via email info@PressHill.com.
As we are a Lithuania registered company, this agreement will be legally enforced and governed according to the laws of Lithuania.
You undertake not to disclose to a third party any confidential information which you receive relating to the contents or performance of this TOS, and shall procure that each of third party employees shall not do so, except with the prior consent in writing of the PressHill or as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
If a law or regulation compels disclosure of information held by us, we are required to respond. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you a €200 fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
You are required to provide notices to us about the Services through the User Area. We will provide notices to you in the User Area and/or by associated email. We have no responsibility for misdirected notices based on your failure to provide correct information.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Should any provision of the Contract be declared unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract will remain in full force and effect to the fullest extent permitted by law. The parties shall attempt through negotiation in good faith to replace the unenforceable provision with such provisions that correspond as closely as possible to the original intention of the parties.
Each party shall be entitled to suspend its duties without liability thereof in case of Force Majeure affecting the party either directly or through its subcontractor.
