These Terms of Service govern the use and provision of services offered by BH SERVERS LLC, registered in the State of Wyoming, USA, with its address at 30 N Gould St, STE R, Sheridan, WY 82801, operating through the domains bh-servers.com and bhservers.com, hereinafter simply referred to as "BH Servers".
In these terms, the party contracting the services provided by BH Servers is referred to as the "client".
By requesting and paying for any of the technology hosting rentals provided by BH Servers, the client AGREES to all the rules and usage policies described in this service provision agreement.
The valid period of this term is equivalent to the period chosen by the client in the registration form on the bhservers.com.br/cliente website. The contract may be extended by paying the renewal proposal invoice that will be sent by BH Servers via email.
The contract periods available for renting one of our services are: 1 month, 3 months, 6 months, 12 months, or 24 months. The duration of this contract is the period chosen by the client from one of these options.
Specifically for domain registration, the minimum period is 12 months and the maximum is 24 months.
BH Servers will send an email communicating the new outstanding invoice 7 days before the end of the contracted period. This invoice should be considered a renewal proposal, with no obligation of payment by the client.
By renewing the service, the client renews their acceptance of these terms.
General Provisions
The client
AGREES that:
All client registration data must be filled out correctly and is truthful;
BH Servers may request verification of the registration data provided in the registration, even if a service features "immediate activation". In this case, the release of the requested service will be carried out after this confirmation;
If the client refuses to confirm their registration data, the service will be canceled and the amount paid will be refunded through the payment method chosen by the client and only in the name of the registration holder. This measure follows the guidelines of the Identity Verification Policy (KYC), which defines the criteria adopted by BH Servers to ensure the compliance, security, and integrity of our infrastructure.;
If BH Servers identifies any discrepancy or inconsistency in the registration data provided by the client, it may temporarily suspend the contracted service until the information is duly corrected and confirmed. If the discrepancy persists, or if the client refuses to regularize the data, the provisions of paragraph 5 will apply.
Payments made via credit card are subject to additional security verification at the discretion of BH Servers. This verification may include the request for documents or proofs that confirm the ownership of the payment. Failure to perform this verification will result in the suspension or cancellation of the service, according to the security criteria adopted by BH Servers.
Before finalizing the purchase, they consulted the "bhservers.com.br" website or contacted a representative to resolve any doubts about the service, thus avoiding a subsequent unmotivated cancellation;
They clearly understand the requested service and all its features;
Each service has specific responsibilities listed in the specific policies for each service and they will comply with them;
The laws of the United States, Brazil, or Canada must be observed and respected, considering that the service is physically located in one of these countries;
All provided services depend on the internet, as they are accessed remotely. Furthermore, BH Servers is only responsible for its own network, which exempts us from responsibility for latency arising from the distance between our servers and the points that will access the service, as well as any external network instability, such as the client's internet provider or any intermediary in the route between the client's computer and our Datacenters;
BH Servers uses email as the official means of communication regarding the client's account. Other means of communication may be offered supplementarily, but email is the primary form of communication. The client will also have access to information about their account through a control panel that will be offered. This panel will contain support, financial, and service information, as well as options for contracting new services or add-ons. Invoices will also always be available through this panel. Via ticket, the client will have the option to contact us for further information.
BH Servers reserves the right to modify, add, or remove clauses from these Terms of Service at its sole discretion. Any changes to these Terms of Service will become effective upon the subsequent renewal of the service contracted by the client.
Account and Access Policy
Each client must maintain only one active personal or business registration. If other people need to access or manage services, it is possible to create sub-accounts linked to the main account, respecting the permission levels available in the system. The creation of multiple independent accounts by the same person, or the administration of third-party accounts without formal authorization, may be considered an attempt to circumvent commercial or security policies, which may result in the suspension or cancellation of the involved services.
If multiple accounts with strong evidence of being managed by the same person are identified, whether through technical data (such as IP, cookies, payment information, or access behavior), or by the client's own declaration, BH Servers may consider, for support, security analysis, or refund evaluation purposes, that all associated services belong to the same owner. This measure aims to ensure transparency, protection against fraud, and balance in contractual relations.
BH Servers reserves the right to identify links between accounts through technical data such as IP, cookies, access behaviors, and payment information. When a link between accounts used in a coordinated manner is confirmed, the services may be analyzed jointly for support, refund, or audit purposes.
By contracting the services, the client declares that the data entered belongs to them or the company they legally represent, and that they are not acting on behalf of third parties without authorization. Providing incorrect information or attempting to simulate multiple identities may lead to the suspension of services and blocking of the account.
1. General characteristics of the services
No service provided by BH Servers is managed. In other words, our services do not include system administration; it is up to the client to manage the contracted service and configure it to work best for its purpose. In case of needing assistance with configuring the service for its intended use, it will be necessary to seek help from a specialized professional.
Each advertised plan has certain characteristics, such as logical disk space, contracted data transfer, provided processor, RAM, among others. These characteristics can be changed at any time.
Active contracts will be maintained until the end of their term, with changes applying to future contracts by the client.
All BH Servers services involve the voluntary sharing of the client's personal files with BH Servers' servers.
The client understands that by sharing their personal files with BH Servers' servers, they also authorize the storage of these files by BH Servers while the contract is active, but this will not give BH Servers the right to share or use these files.
1.1 Values and characteristics of services and plans:
The values and characteristics of each plan for the services provided are available on the website www.bhservers.com.br. The specific policies for each service are provided later in these terms.
1.2 Login and access password:
All services are delivered with a username and an access password, in order to provide greater protection and security to the client's account.
The access data is personal and should not be shared with anyone.
On the part of BH Servers, none of the client's data will be shared and is stored in encrypted form to ensure their privacy, in accordance with our privacy policies.
1.3 Forms of access:
Each service has its specific form of access. Each of the forms of access will be addressed in the "Specific policy for the various services provided", topic 2.
1.4 Payment and pricing policy:
All payments related to the services provided by this site (including additional services), are made in advance, through periodic fees whose values are defined in specific sections of the website www.bhservers.com.br.
The payment made is valid for the period chosen at registration. The periods are: monthly, quarterly, semi-annually, annually, and biennially.
In case of plan changes (upgrade) in the middle of the period, a pro-rata advance payment corresponding to the difference between the current plan and the new chosen plan will be required. This value will be calculated based on the proportion of the remaining time in the current period. After our confirmation of the pro-rata payment, the client will have access to the new plan's features according to the instructions sent by email or provided by support. Plan changes are subject to availability and the specific conditions of each plan.
The payment methods will be available on the online invoice sent by email and available on the website https://bhservers.com.br/cliente (through login with registration data). Some payment methods involve additional fees beyond the value displayed on the BH Servers website. The fees refer to commissions charged by payment gateways (which are outsourced), in addition to taxes. If the client does not agree with the fees, there will be payment options without any commission charge. For example, deposit at Caixa Econômica Federal.
Payments by deposit or PIX from the Boleto must be reported to BH Servers through the ticket system by clicking on "Open Ticket", option "Financial", as we have no means to identify the client through this payment method. The other payment methods are normally identified and approved automatically within the deadlines set in the terms of service of the chosen payment gateway.
Communication failures between the intermediaries and the financial system (https://bhservers.com.br/cliente) are tolerated, as they occur through different servers and in different locations, and there may be an interruption in communication at the time of payment confirmation. In this case, the client just needs to notify us of the payment through the ticket system and we will do the manual approval.
Average approval times for each payment method:
The deadlines reported below are only a reference and may vary. The client should always be aware of the deadlines, especially in case of service renewal, as we work with an automated system that performs tasks as programmed.
Paypal: Charged in Euros. It is normally approved in a few seconds to a few minutes, if there is no registration discrepancy. Occasionally, Paypal may take longer to approve if manual approval is required.
Mercadopago: Mercadopago offers several payment methods on its portal. Each method has a different time, but the deadline stipulated by Mercadopago is 3 business days for all payment methods, although some approve faster, such as credit card.
Credit Card: (Processed by Stripe): Transactions made through Stripe are generally approved immediately; however, these payment gateways reserve the right to subject transactions to risk analysis. In circumstances where a transaction is considered insecure, Iugu or Pagar.me may opt to cancel the payment. We recognize the possibility of false positives and, in these cases, recommend the use of alternative payment methods, such as Paypal or Mercadopago, which also accept credit cards.
Boleto Bancário (Processed by Paghiper): 3 business days for approval.
PIX available on Boleto Bancário (Processed by Paghiper): This payment method requires manual approval through client communication, as described above. The approval period is 3 business days.
PIX (Processed Ebanx/Stripe): Approval is normally immediate. In case of failures, please contact us to confirm payment.
Bank deposit: This payment method requires manual approval through client communication, as described above. The approval period is 1 business day.
1.4.1 Jurisdiction and payment processing:
Depending on the chosen payment method, the entity responsible for processing the payment and providing the service may be the Brazilian company (BH Servers Tecnologia LTDA, CNPJ 44.423.186/0001-67) or the American company (BH SERVERS LLC, Wyoming, USA).
Payments made by MercadoPago or Boleto Bancário will be processed exclusively by BH Servers Tecnologia LTDA, governed by Brazilian law.
Payments made by Credit Card (Stripe), PIX (Ebanx), or Paypal will be processed exclusively by BH SERVERS LLC, governed by United States law.
The choice of payment method determines the applicable jurisdiction for the contract, support, refund, and any disputes. By opting for a certain payment method, the client declares awareness and agreement with the rules and legislation of the respective country.
In case of doubt, the client can contact us before making the payment for additional clarifications on the responsible entity and the legal effects of the contract.
1.4.2 Installment Payments:
Mercadopago is currently the module that allows installment payments on credit cards. All other payment methods will be charged in full.
1.4.3 Renewal of the contracted period:
The client may renew the contracted service, without needing to request a new service. On renewal, there is no loss of files or any change. The service remains active normally, as before the renewal.
BH Servers will send an email with a new renewal invoice a few days before the expiration date. If the client is interested in extending the period of the contracted service, they must make the payment by the last day of the agreed period.
In the event that the payment is made by a method whose approval exceeds the due date, the client must contact BH Servers through the official contact channels, described in topic 7, and prove the payment, in order to avoid suspension and cancellation, based on the terms set out in topic 3.2.
If the client pays by one of the methods that do not have immediate approval and does not report the payment by the due date, BH Servers cannot verify the payment on its own and will act according to topic 3.2, considering that there was an "absence of payment". Thus, the client is requested to report the payment as soon as it is made.
In these circumstances, if the service has already been canceled, the amount will be made available as credit in the client's account, who can request a new service using this credit. If the service status is "suspended", the same service will be reactivated exactly as it was before the suspension.
If unforeseen increases in the cost of the service occur, such as Dollar/Real exchange rate variation (the Dollar is the currency used to rent the necessary infrastructure for the provision of services), labor costs, taxes, duties, or any other unforeseen event that generates an increase in cost, BH Servers has the prerogative to adjust the prices in accordance with these factors.
1.4.4 Recurring (automatic) payments:
The client may opt for a recurring payment. To enable recurrence and send automatic payments, the client must select the payment methods compatible with this functionality.
They are: Paypal and Credit Card. In both payment methods, simple registration authorizes recurring charges.
Recurring charges will be made automatically until the client requests cancellation (read paragraph 6).
The client commits to requesting the cancellation of the service if they choose not to renew, to avoid unwanted recurring charges.
Recurring payments are non-refundable as they are a service renewal and not a new order. It is up to the client to request the cancellation of the service up to 1 (one) day before the invoice due date, so that the client's service is not renewed.
1.5 Delivery Time:
The delivery time for services varies according to the contracted service and the number of installations in the queue, and can range from 5 minutes to 72 hours. We guarantee to work with the utmost effort to deliver the services as early as possible.
The contracted period will only be counted from the sending of the "welcome" email. A "welcome" email is understood as the email sent to the client containing the access data, such as IP, login, and password, according to the contracted plan.
1.6 Service Intermediation
Some services are only intermediated by BH Servers. In these cases, our role is only in the exchange of Real and Dollar (and vice-versa) and as a proxy for purchasing services abroad.
In the aforementioned occurrences, the valid terms of service are those of the companies from which the service will be acquired and the applicable laws are those of the United States and/or Canada. The services in question are: Dedicated Servers and Domain Registration.
2. Limitations of Liability in Availability and Warranty
BH Servers is dedicated to providing high-quality web hosting services, striving to ensure availability, security, and reliability for our clients. Both parties acknowledge that technology involves inherent and unpredictable risks, such as hardware failures, maintenance needs, cyber-attacks, and other events beyond our reasonable control. It is important for our clients to be aware that, despite offering affordable solutions, our servers do not have redundancy. As with any technology, there is a possibility of failures.
Thus, this paragraph aims to clarify the service limitations and possible failures.
BH Servers commits to continuously monitoring our servers, seeking to anticipate and mitigate possible failures that show signs of risk, within the possible. Despite our best efforts, we cannot provide guarantees of uninterrupted operation or guarantees for files sent/installed within the services, given the nature of the technology service.
The client has the exclusive responsibility to manage and protect their data, including performing regular backups. The client is responsible for adopting robust backup practices to protect their data against loss or unexpected failures. It is essential to understand that all electronic equipment has a life cycle and can fail before expected, regardless of the precautionary measures taken. The client should consider that the contracted service is a computer and it is common and worldwide knowledge that computers can fail. The client must prepare as they would with their own computer.
As a technology company, we do not provide insurance for damages or costs generated by the client, who also acknowledges that failures can occur, as these are a natural part of technology services. Furthermore, we do not participate in the client's profits or losses.
While we commit to providing a high-quality service, within what is possible for a low-cost structure, certain circumstances, such as hardware failures, natural disasters, network failures, route failures, misuse of the service by the client, or external attacks (DDoS, hacking, ransomware, vulnerabilities in third-party systems used by both BH Servers and the client, etc.), are beyond our control and are possible technological failures that the client must consider and prepare for when contracting one of our services. It will be the client's responsibility to prepare for these eventualities, including with backup routines (see section 3). BH Servers will commit to a quick resolution, within what is possible, and to effective communication with our clients.
BH Servers is available to guide its clients during the plan selection process to ensure that their needs are adequately met. However, the final responsibility for selecting a plan compatible with the intended use rests with the client. We encourage clients to make prior inquiries and use our support resources to clarify doubts about the suitability of the services offered.
2.1 Hardware, Software Failures, and Incidents
BH Servers continuously strives to ensure that our website (https://bhservers.com.br) and the services offered are accessible 24 hours a day, 7 days a week. However, it is important for our clients to be aware that, occasionally, interruptions or unavailability may occur due to a variety of factors. These include, but are not limited to, scheduled maintenance needs, repairs, equipment replacements, as well as events beyond our immediate control, such as hardware failures, network interruptions, cyber-attacks, viruses, ransomware, Internet congestion, among others.
These incidents may temporarily affect the availability of our services or result in file loss. While we strive to minimize such occurrences and their impacts, it is impossible to guarantee 100% availability due to the complex and interconnected nature of information technology and Internet infrastructures.
As a reference, the average uptime for all services is 99.5% for services hosted in Canada and the United States and 95.1% for services hosted in Brazil.
The client understands that the provided service may suffer physical breakdowns due to hardware, network, accident, or incident failures that may occur in the Datacenter structure. As well as natural disasters.
The client understands that we are not responsible for any failure that may occur in the installed operating system or in any pre-installed software on the system, as well as any software that the client may install on one of the services.
In case of failure, BH Servers will be obliged to provide a new service similar to the contracted one within 4 days after the incident, at no cost to the client. The client must resend their backup files. The downtime beyond the average uptime must be compensated in double. This time will be added to the service's expiration date. The minimum time that BH Servers must offer the client to repair the unavailability is 1 (one) day.
3. File Upload and Backups (security copies)
The client agrees to assume full responsibility for the files they upload to the contracted services, which are the client's management responsibility, as well as maintaining their own security copies (backup) off our servers.
BH Servers IS NOT responsible for files and/or other data stored in your account. No service will give the client a guarantee of recovering lost information resulting from any eventualities.
None of our services should be used as backup services (security copies) or for valuable files. The client must not use BH Servers' services to host or run critical applications, systems, or services that require high availability, redundancy, or that cannot be recovered in case of failures. Our servers are designed for general-purpose (non-critical) applications and do not have failover or redundancy mechanisms. Ignoring this warning and hosting critical systems can result in serious consequences for the client or third parties. There are services provided by suppliers exclusively focused on critical files. We do not have this type of service.
3.1 Responsibility for Content
The client is fully responsible for all content and activities carried out in their account, including, but not limited to, data, files, software, and any actions that occur through the use of the contracted services. BH Servers does not monitor or manage the content stored or transmitted by the client, and is not responsible for any illegal, infringing, or inappropriate activity carried out by the users of the services.
It is the client's obligation to ensure that their use of the services complies with all applicable laws and regulations in any applicable jurisdiction.
3.2 Beta Backup Plan
BH Servers offers an optional additional backup service, available in beta phase, exclusively for clients of the Outlet and KVM VPS plans, for an additional fee. This service is provided to assist in data preservation; however, due to its experimental nature, it is subject to interruptions, limitations, and modifications without prior notice. The client acknowledges that the beta backup plan is complementary and does not replace the need to maintain independent and updated backups of their data. BH Servers is not responsible for data loss resulting from failures or unavailability of this beta service, and the final responsibility for data preservation remains with the client. By contracting the beta backup plan, the client declares to be aware of and in agreement with the conditions and limitations described herein.
4. Specific policy for the various services provided
4.1 Semi-Dedicated (Cloud, or simply "VPS"):
This service offers the client the rental of a virtualized server through specific systems for this purpose and for a period agreed upon through the registration form and confirmed via email.
This is a shared service, where clients share the hardware of a single dedicated server. The shared hardware resources are: Motherboard, Network, CPU, RAM, HD, and the other components present in any computer.
The client understands that because it is a single hardware and a service exposed on the internet without redundancy, this is not a fail-proof service. The client should then opt for this service only if it is possible to recover their service in case of a need to reinstall the virtual server or tolerate some downtime.
The processor is sold in "vCore" (Virtual Core). Each vCore corresponds to a thread of the physical CPU and is shared. In addition, the client will have 400Mhz reserved for each contracted vCore (according to the selected plan).
The Semi-Dedicated (VPS) service is restricted to the virtualization and provision of the hardware resources described on the service's reference page.
Along with the service, a standard fixed IPv4 IP with a random range will be provided, which will not be changed, unless we are forced to by technical issues in our structural part. It will not be possible for the client to request an IP change. We will not be able to guarantee the IP numbering, being delivered an IP with random numbering. Due to the scarcity of IPv4, we will not be able to provide additional IPs for a single server. Each service will have only one IPv4.
The service will first be delivered to the first available location. If the client has a preference for a special one, it will be necessary to request it through the available contact means before making the payment. Following the delivery, the Operating System will be installed according to the client's request via the registration form. The use of the system and any eventual licensing costs of the operating system and software that may be installed are the responsibility of the client, who must make the due payments on their own and directly with the system developers or official resellers.
The Windows operating systems are delivered with an evaluation license, which must be converted to a definitive license after the evaluation, according to Microsoft's rules available at the following address: https://www.microsoft.com/en-us/evalcenter/evaluate-windows-server
Linux systems are free and do not require activation.
The forms of access for the systems are specific to each operating system. They are:
Linux: The Linux access method is through an SSH connection, in addition to the alternative connection called VNC, in VNC Web versions or through any program that performs this type of connection.
Windows 2003 and 2008: Access can be made through Remote Desktop Connection or through VNC connection, in VNC Web versions or through any program that performs this type of connection.
Windows 2012 and 2016: The first access must necessarily be made through a VNC connection. In this first connection, the client must change their password. After changing their password, it will also be possible to connect through Remote Desktop Connection.
The operating systems are delivered with only basic software, without any specific configuration. It is the client's total responsibility to configure their Semi-Dedicated (VPS) for the purpose of use. All software necessary for the functioning of the client's purpose of use must also be configured and installed by the client. No assistance will be provided in this case, as we are not able to have all the knowledge about all the possibilities of computing.
The disk space within the operating system will initially be separated into two parts. One drive with a minimum space containing the operating system and the rest will be with the status of "unallocated space". This occurs because the matrices used for the automated installation of the operating system have only the necessary space for the installation of the operating system, in order to speed up the delivery time of the operating system after the delivery of the service.
Therefore there are two situations:
Windows 2003: The expansion must be done manually since this version did not yet have the necessary technology for automatic expansion. The unallocated space can be converted into a new drive. Alternatively, the client can choose to use partitioning programs, such as Partition Magic.
Windows 2008 and higher: These are programmed to automatically expand the hard disk to the contracted value. This process will occur upon logging into the operating system. Therefore it is normal for some command windows to open and close automatically in Windows systems.
Linux: Linux systems require manual expansion of disk space. The process is simple and will have our technical assistance, if necessary. The links to the tutorials with the commands for disk expansion are in the email sent by BH Servers, whose title is "The VPS has arrived!". The tutorials are also in the Knowledge Base: https://bhservers.com.br/cliente/knowledgebase.php
We will perform monitoring on the hardware of the dedicated server where the service is installed, in order to ensure its proper functioning. This will be a physical monitoring that includes: Network/internet monitoring (general), RAM memory, CPU, power supply, motherboard, HD (hard disk) and the various components such as connection and power cables. In case of failure, it will be necessary to replace the damaged component and this process will result in a time where the service will be turned off until it is resolved. The time will be replaced at the end of the invoice's expiration.
We will not perform any specific monitoring of the behavior of the operating system and installed software, this being the responsibility of the client themselves.
We are not responsible for the selected operating system. Therefore, we cannot offer a guarantee on any operating system, its reliability or its behavior. The guarantee is offered by the developer of each system.
BH Servers is not responsible if the client makes any changes that render the service unusable. For example, changing network settings, installing any software that blocks access to the operating system, installing insecure files that could damage the service, infecting the system, losing or forgetting the password, disabling the Firewall (in this case it is possible that the system will be infected by ransomware) or any other action that damages the system. In this case, the client will have to format the operating system.
We do not guarantee that the software the client wishes to install is compatible with the offered service, it is up to the client to evaluate before requesting the service, the requirements of the software they wish to install and evaluate if they are compatible with the systems and plans that BH Servers offers.
It is up to the client to keep the operating system protected, as well as to ensure that no malicious files will be installed on the system. The responsibility will be the client's if the operating system or any software installed by the client makes the system vulnerable to abuse or generates any violation of these Terms of Service as a result of installing software, malicious files or poor configuration of the operating system. In this case, BH Servers may apply the punishment according to topic 3 of these terms of service (3. Suspension or cancellation of the service by BH Servers).
The client can format their VPS for free as many times as they wish through the control panel. Including the possibility of changing the operating system, without the need for technical support for this. If you need help from technical support to perform the formatting, it will be possible to request it from technical support, having the right to 1 (one) free monthly formatting. The others will be charged R$10.00. In this case, the client must pay a formatting invoice before it is carried out.
BH Servers must offer exactly the resource contracted by the client, it being our responsibility to ensure that every client has 100% of everything they contracted. Among the guaranteed resources are:
RAM, HD and Processor.
The servers do not have a video card (graphic acceleration). Only basic onboard video standard from the motherboard. Therefore, software that requires graphic acceleration may not work (usually games or programs that use opengl, directx and other graphic libraries).
The dedicated server where the Semi-Dedicated (Cloud VPS) will be hosted has a single processor that will manage not only the client's service but also others that share the same physical equipment. Therefore, although it is not common, performance fluctuation in processing is expected at certain times. This is due to the characteristic of processors that order processing requirements in a queue.
The internet link is shared among all clients of the same physical server.
The bandwidth described in each plan and called "burst" is the maximum connection limit. The average value depends on the overall quality of the internet. If a variation occurs at any point between the Datacenter's internet link and the client's, the total speed may be affected, as internet communication also depends on third parties.
We reserve the right to limit individual connections in order to prevent abuse by clients.
4.1.1 Prohibitions:
As it is not a fail-proof service and because it was not developed to ensure security for files, since the focus of this service is to offer a low-cost virtualization, it is forbidden to store critical files or programs. In case of storage of critical files, the client must have a backup of all hosted files, in another location intended for the purpose of backup. The installation of software with single licenses or any other use that involves unrecoverable investment in case of failure is also prohibited. If the client cannot bear the costs of a new service configuration in case of failures, this service should also not be used. For this type of use, there are other services on the market specifically developed for these purposes and that offer a guarantee of redundancy (Google Drive, Google Cloud and similar).
We do not allow "Nested Virtualization" (virtualization within virtualization).
We do not allow the use of servers for creating proxies, VPNs or providing internet, such as http injector, eproxy, proxy tunnel, SSHPLUS-MANAGER or similar. This service cannot be considered or used as an internet provider.
We do not allow disabling the Firewall of the operating systems.
We do not allow the use of this service as a bridge for downloading and uploading files (downloading files from the internet to then send to another location).
The following games are forbidden: Ark Survival, Rust, DayZ, Arma II and III, Valheim, Counter Strike, Gambling games and betting/gambling sites, game servers from Steam in general or any "first-person shooter" game. Also forbidden are game servers such as Mu online, Conan Exiles, FiveM, Habbo, Otserv/Tibia, or any other game considered "pirated" (without express authorization from the developer).
We will not allow the Semi-Dedicated (VPS) to be used for any illegal purpose intentionally or through virus or malware infection that generates unpermitted use. As well as phishing (sites that pretend to be other sites with the aim of collecting data); sending SPAM; installation of "pirated" or "cracked" programs/games (illegally reproducing a computer program, without the express authorization of the work's owner and, consequently, without the proper use license); unlocking of paid internet (pirate internet); installation or proliferation of malware/viruses; sending attacks in general, such as DDoS attack (denial of service) or any other type of attack that harms third parties; NFT games such as Bomb crypto and similar; mining of any cryptocurrency or data; mIRC server; bots (robots) for access to betting sites (Betfair, Bet365 and similar), access to betting sites (Betfair and Bet365), bots (robots) that generate artificial numbers on social networks (Siga Social or any other similar method); p2p file sharing; installation of Torrent software (Bitcomet, BitTorrent and similar); storage, exchange or traffic of torrent files; stress tests; video streaming (obs studio, PLEX and similar); any system that uses resources constantly; use of resources in an unnatural way, such as prolonged use of CPU or memory at values above 80% for a period longer than 60 minutes;any system that may cause IP blocking on third-party sites or systems; systems and software that jeopardize the integrity of the dedicated server used for virtualization or any other illegal act in Brazil, Canada and/or the USA.
We do not allow the storage of the necessary software for the forbidden executions mentioned above.
Exclusive to servers located in Brazil: We do not allow the use of Brazilian servers to host game servers, even those permitted by the authors, as the national servers are not optimized for this purpose.
4.2 Website Hosting:
The website hosting rental services are shared services intended for internet pages, accessible by browsers such as Internet Explorer, Google Chrome, Firefox, among others.
The use of website hosting is exclusive for hosting files related to the site hosted there, not being permitted for hosting for remote access of sites or services hosted elsewhere.
This is a shared service, where several clients share a single dedicated server.
The website hosting uses the cPanel control panel and the operating system is CloudLinux.
The extensions offered in the hosting are the standardized ones from cPanel and can be consulted at the following link: https://documentation.cpanel.net/display/EA4/PHP+Options
The client can choose the PHP version.
The use of the database for game servers is prohibited. The database is exclusively for storing simple information related to the hosted site.
All clients are protected by the CloudLinux system, which isolates each client. In this way, a client who has a "heavier" site will not be able to influence the other sites.
The client will have a resource limit in order to prevent them from exceeding the use of the server, as explained above.
The files hosted in the client's accounts on our hosting servers are the sole responsibility of the client.
The sending of SPAM, phishing sites, sites with pornographic content or sites of illegal games in Brazil will not be tolerated.
4.3 Dedicated Servers:
This service provides the rental of a computer (server) fully dedicated to the client for the period agreed upon through the registration form, where the only shared resource is the internet, but the link provided is fully dedicated, within the contracted speed.
Dedicated Servers are services intermediated by BH Servers. In this way, the rules and laws applied will be those in force in the United States of America.
Along with the service, a Fixed IP will be provided, which will not be changed in any way. It will be possible to acquire an additional IP for a fee, provided there is IP availability. If the client does not request an additional IP at the time of signing and wants to do so during the period of the service provided, it will be necessary to consult us through a Ticket to the Commercial department to check availability, before the purchase of the additional IP is released.
Our responsibility for this service is only the intermediation between the client and the Datacenter which is the real provider of the service. In other words, we will work as proxies.
For this service, we will only accept a deposit in account for security purposes against malicious clients.
The amount paid will be converted into dollars by us and paid directly to the Datacenter.
We will not allow, in any way, the Dedicated Server to be used for any illegal purpose. As well as phishing (sites that pretend to be other sites with the objective of collecting data), SPAM, malware/viruses, DDOS attacks, mIRC server, systems and software that jeopardize the integrity of the dedicated server used for virtualization or any other illegal act in Brazil and/or the USA.
We do not allow the use of the service to mine cryptocurrencies.
4.4 Hosting Reseller:
The hosting reseller service follows the same standards and rules as Website Hosting.
All clients contracting the Hosting Reseller service must also follow our rules. Therefore, we recommend that each reseller take our rules as a basis.
All clients of the contractor are their sole responsibility.
4.5 Radio Streaming:
The radio streaming service aims to provide the rental of a structure for audio transmission, via the Web for the period agreed upon through the registration form and confirmed via email.
The songs added to the client's database are their sole responsibility.
It is the client's responsibility to request legal authorization for the public or virtual execution of their radio system, through our servers.
We will not allow the use of this service to disseminate any illegality through audio. The laws of Brazil and the United States of America must be respected.
4.6 Domain Registration:
BH Servers (www.bhservers.com.br) is authorized to register international and national domains.
However, the registration will only be effective after payment on our part to ENOM (international) or Registro.br (national).
This process is normally done automatically by our system. However, we are not responsible if the contracted domain is registered by another provider or physical entity,
before the processing time of our system.
If this happens, the value for the registration will be returned or another domain can be registered, transforming the invested value into credit. The choice between the return or credit of the value is up to the client, who is free to decide in this case, if they want a refund of the amount paid or the conversion into credit.
4.7 Affiliate Program:
The affiliate program is aimed at generating credit for service subscriptions on the bhservers.com.br website and is available to all users registered on this site. Just an activation at the link related to the affiliate program is needed.
We call "affiliate" the person who enables the affiliate plan in the account registered at bhservers.com.br/cliente, generates the affiliate link and refers clients using this code.
We call "referred client" the person who clicks on the affiliate link.
The affiliate program aims to bring new independent clients, expanding the unique client base of BH Servers. To ensure the integrity of the system and prevent misuse, the following rules apply:
When the referred client clicks on the affiliate link, a "cookie" with a validity of 90 days will be stored on the referred client's computer or cell phone.
Each referred client by the affiliate who makes a payment while the cookie is still valid, will give the right to 10% of the value, deposited as credit in the affiliate's account.
The affiliate will be entitled to 10% of the amount paid by the referred client every month that they renew the subscription.
The affiliate must refer the service to third parties, never to themselves or to another person who lives in the same physical residence, in order to avoid doubts about the honesty of the use of the system.
The affiliate cannot create two accounts and refer the second one.
The affiliate cannot log into a referred's account.
The affiliate cannot defraud the system in any way, in order to benefit from the program without fulfilling the main objective which is to bring new clients.
We reserve the right to cancel and remove the credit if there is proof of fraud or disrespect of the terms of service.
4.8 Other services:
The other rental services follow the standardized rules of these terms of service.
5. Suspension or termination of the service by BH Servers
5.1 Suspension and cancellation for misuse of the service:
BH Servers reserves the right to suspend or terminate the client's services, without prior notice, in cases where late payment, credit card payment dispute (chargeback), abuse, or misuse that jeopardizes the service to other clients or the integrity of the services provided is proven, as well as the finding of divergence or inconsistency in the client's registration data. Other situations may also lead to suspension or termination, as described in the specific policies for each service.
In order to confirm a breach of the terms of service, BH Servers reserves the right to access the client's service to prove the misuse. This action is necessary as it is the only way for us to prove that there was indeed misuse and thus avoid an unfair suspension.
The service may return to its normal operation upon the client's resolution of the problems indicated by BH Servers' technicians, provided it is suspended or after the reinstallation of the system (still provided it is suspended), in cases where it is proven that the non-compliance was generated by infection. In the case of infection, BH Servers will not provide access to the system, as the infection will continue to generate the abuse, in addition to the fact that a backup at that point means the risk of transferring the virus or the file that generated the abuse to the new server, and in this case, the safest way is to use a previous backup. However, if we deem it necessary, we may terminate the provided service without prior notice, without the right to a refund, and subject to a fine, according to topic 8.
In case of service termination, all files sent by the client will be permanently deleted. It is up to the client to maintain their security copies, according to Topic 6.
The following are considered potential reasons for the suspension or termination (without the right to a refund) of the services provided by BH Servers, for abuse or misuse:
Disrespecting the prohibition of the Specific Policies for the various services provided (Topic 2)
Reports of SPAM or misuse of email sending servers (SMTP);
Overload of traffic or resources caused by non-natural factors, such as the use of robot software or other resources that keep the traffic constantly high, acting in an artificial way (different from the standard) and that ends up jeopardizing the service both to the client causing the traffic and to other clients who share the network or servers.
Processing overload caused by processes generated via software, programming, or database, which jeopardizes the operational integrity of the servers used for the services provided.
Publication, storage, and traffic of illegal content or content protected by intellectual property rights. This includes materials that refer to pedophilia, racism, discrimination against minorities, piracy, plagiarism, violation of intellectual property, or any other content of an illegal nature according to current laws.
Creation of links for downloading images or files from external sites to the site hosted on any of the services.
Exceeding the maximum resource limit allocated to your plan, including bandwidth, CPU, and memory, and remaining at this maximum limit for more than 60 consecutive minutes. We consider a use above 60 minutes as abusive because it is an unnatural use and aims to protect the hardware, ensure quality and stability of the service for all users. Prolonged use at the maximum limit of these resources can decrease the useful life of the hardware, especially the CPU, thus affecting the performance of the service or even leading to total unavailability in case of equipment burnout. We monitor the use of resources and may take measures if excessive use persists, to preserve the integrity and proper functioning of our shared environment.
Registration with incorrect, incomplete, or inconsistent data (name, surname, CPF, address, telephone, among others), as well as the refusal to correct or prove them, as requested by BH Servers.
Other reasons not listed here may also lead to the suspension or termination of the service, according to specific provisions applicable to each type of service, as per the Prohibitions.
5.2 Non-payment of the service renewal invoice:
As it is a rental with advance payment, non-payment by the date and time of expiration of the contracted period will be interpreted as a lack of interest in renewing the service.
"Non-payment" is understood as the payment status in our panel (bhservers.com.br/cliente, in the menu link: Invoices -> My Invoices) as "unpaid".
In case of non-confirmation of payment, according to the rules above, by the due date of the contract period, the service will be suspended and consequently terminated according to the rules below:
"The contracted service will be valid from the date and time of activation and will expire exactly at the end of the contracted period, considering the day and time of start. From the first minute after this date and time of expiration, and if the payment status is 'unpaid', we reserve the right to suspend and eventually cancel the service.
If the service is suspended when the payment is confirmed by the system (bhservers.com.br/cliente, in the menu link: Invoices -> My Invoices -> "paid"), it will be possible to recover it exactly as it was and with all files preserved, upon payment for the renewal.
If it is terminated/canceled, it will not be possible to recover the previous service, and a new order will have to be placed. Please note that not every order has automatic approval.
5.3 Suspicion of fraud:
"Suspicion of fraud" occurs when BH Servers identifies signs that may indicate a risk of fraudulent activity in the transaction. This includes, but is not limited to, unusual payment patterns and inconsistent client information or a report from third parties, such as payment gateways or contracted fraud risk scoring companies.
If BH Servers believes that a transaction may be fraudulent, it will take the following measures:
Our system, which assesses the risk of fraud in each transaction, may be updated with new criteria by security companies. If we detect a high risk of fraud, we will suspend the service and request additional data to confirm the legitimacy of the transaction.
If the client refuses to provide the requested information, BH Servers will terminate the service. The client will be refunded for the unused value, but the amounts already spent will not be returned.
In the case of data confirmation, we will remove the suspension and the service will proceed normally. The suspended time will be compensated as additional time at the end of the contracted period.
5.4 Termination by chargeback:
We have a zero-tolerance policy regarding chargebacks.
A chargeback is understood as the action where the owner of the credit card used to make the purchase requests the cancellation of the payment directly from their bank.
Our system is programmed to terminate and block the client's account in case of a chargeback. This action is irreversible. There is no flexibility in case of a chargeback as in this process the paid amount is removed.
BH Servers will not attempt to appeal the chargeback. All client files will be deleted and the client's account will be permanently terminated.
In case of a mistake, the client must make a new request using another payment method other than a credit card. For our security, we will not receive new payments from this client via credit card. All other payment methods will be available.
6. Request for cancellation of the service by the client
The client has no obligation after the termination of the canceled service and the relationship with BH Servers will be considered terminated.
No invoice will be generated after the cancellation request and if any invoice is already outstanding, it will be canceled.
The client may request the cancellation of the service which will be finalized at the end of the contracted period, if the cancellation request is made outside the period stipulated by art. 49 of the CDC (the period stipulated by the Consumer Defense Code is valid only for end consumers). That is, at the end of the date and time of expiration of the service. Never before the end of the contracted period. We will call this request a non-renewal notice on the website bhservers.com.br/cliente. The link for the non-renewal notice will be available in the service administration panel, where the client can state that they will not renew the service, which will then be canceled at the end of the contracted period. Alternatively, the client may open a ticket to the commercial department and inform that they do not wish to renew. Another way is to simply not pay the renewal invoice. After the suspension of the service, BH Servers will terminate the service.
Regarding the legal period of 7 (seven) days, if the client exercises their right of withdrawal within this period, the refund will be made proportionally to the unused time, according to the reiterated understanding of Brazilian courts on continuous services. The service will be considered used and subject to a proportional refund when:
- The client accesses the control panel or performs any interaction, such as starting, restarting, or formatting the server;
- The client connects to the VPS via SSH, VNC, or similar protocols;
- The client performs installation, reinstallation, or changes to configurations on the operating system or server;
- There is consumption of contracted resources, such as CPU, RAM, storage, or bandwidth;
- Any other direct or indirect action that implies the use of the provided resources.
- If the service is considered used, the proportional refund will be calculated based on the adjusted daily value, higher than the simple proportional, due to the nature of the service and the operational costs involved.
For requests outside the 7-day period, the cancellation will be treated as a non-renewal notice. This request can be made in the service administration panel or through a ticket sent to the commercial department. If no request is made and the client chooses not to pay the renewal invoice, the service will be automatically suspended at the end of the contracted period and subsequently terminated, as provided in the terms of this contract.
7. Contact and Technical Support Guarantee
Technical support is guaranteed only in cases of BH Servers' responsibility. It is BH Servers' responsibility: Hardware, internal network technical problems, service instability problems, initial basic doubts, such as first connection to the provided service and resolution of problems in order to guarantee access to the contracted service.
We do not provide support for the installation and configuration of any internal software to the contracted service. The configuration of the service is the total responsibility of the client. Just as third-party programming is the responsibility of the developer.
BH Servers is exempt from any problem or "bug" (development problems) of any programming that was not done by us.
Contact methods and technical support
All contact with BH Servers is through opening a "ticket".
A ticket is understood as sending a text message through a contact form available on the page bhservers.com.br/cliente - Menu link: Open Ticket, where the client must log into the system with the data provided by email, to send the message.
The client must select the department related to the theme of the ticket opening. Technical support, financial or commercial. Technical support will provide technical assistance to the contracted service. The financial department will respond to messages related to payments. The commercial department will respond to tickets related to the client's account in general.
Response time guarantee
If BH Servers takes more than 10 hours to respond to a ticket, one more day will be added to the expiration of the contract period, to compensate for the time the client was pending a response.
Rules of conduct
The parties must respect each other and maintain a good level of conversation through the exchange of messages.
8. Contractual Fines
If any obligations arising from this contract are breached, the party that causes the breach is obliged to pay a fine in the amount of 50% of the value of the contract.
9. Final Note
Contracting one of the services offered by this site characterizes full acceptance of the terms described above.
Remember: The laws involved and the terms of service are based on the principles of probity, good faith, and objective good faith (art. 4, item III of the CDC and arts. 113, 187, 421 and 422 of the CC/02).
Updated on 12/15/2021
