These terms of service govern the use and provision of services offered by BH SERVERS LLC, registered in the State of Wyoming, USA, with address at 30 N Gould St, STE R, Sheridan, WY 82801, operating through the domains bh-servers.com and bhservers.com.br, hereinafter referred to as "BH Servers".
In these terms, whoever contracts the services provided by BH Servers is referred to as "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 agreement.
The valid period of these terms corresponds to the period chosen by the client in the registration form on the site bhservers.com.br/cliente. The contract may be extended upon payment of the renewal invoice that will be sent by BH Servers via email.
The contract periods available for hiring 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 these options.
Specifically in the case of domain registrations, the minimum period is 12 months and the maximum is 24 months.
BH Servers will send an email notifying about a new open invoice 7 days before the end of the contracted period. This invoice should be considered a renewal proposal, without any obligation to pay on the part of 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 in correctly and be truthful;
BH Servers may request verification of the registration data provided, even if a service features "immediate activation". In such cases, the release of the requested service will occur after this confirmation;
If the client refuses to confirm their registration data, the service will be canceled and the amount paid will be refunded via the payment method chosen by the client and only in the name of the account holder. This measure follows the guidelines of the Identity Verification Policy (KYC), which defines the criteria adopted by BH Servers to ensure 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 properly corrected and confirmed. If the discrepancy persists, or if the client refuses to correct the data, the provisions of paragraph 5 shall apply.
Payments made by credit card are subject to an additional security verification, at BH Servers' discretion. This verification may include requesting documents or proof confirming the payment ownership. Failure to complete this verification will result in suspension or cancellation of the service, according to the security criteria adopted by BH Servers.
Before completing the purchase, consulted the site "bhservers.com.br" or contacted a service agent to clarify any doubts about the service, thus avoiding an unjustified subsequent cancellation;
Clearly understands the requested service and all its features;
Each service has certain responsibilities listed in the specific policies for each service and agrees to 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 services provided 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 resulting from the distance between our servers and the access points, as well as any external network instability, such as the client's internet provider or any intermediary on the route between the client's computer and our Datacenters;
BH Servers adopts email as the official means of communication regarding the client's account. Other means of communication may be offered on a supplementary basis, but email is the primary form of communication. The client will also have access to account information through a control panel that will be provided. 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 any other information.
BH Servers reserves the right to modify, add, or remove clauses of these Terms of Service at its sole discretion. Any changes to these Terms of Service will become effective upon the client's subsequent renewal of the contracted service.
Account and Access Policy
Each client must maintain only one active personal or business account. If other people need access to or management of services, it is possible to create sub-accounts linked to the main account, respecting the permission levels available in the system. Creating multiple independent accounts by the same person, or managing third-party accounts without formal authorization, may be considered an attempt to circumvent commercial or security policies, and may result in suspension or cancellation of the involved services.
If multiple accounts are identified with strong indications of being managed by the same person, 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 holder. 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 found, the services may be analyzed together for support, refund, or audit purposes.
By contracting the services, the client declares that the data provided belongs to them or to 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 service suspension and account blocking.
1. General characteristics of the services
No service provided by BH Servers is managed. In other words, our services do not include system administration; the client is responsible for managing the contracted service and configuring it to work best for their purpose. If assistance is needed in configuring the service for its intended use, a specialized professional must be sought.
Each advertised plan has certain features, such as logical disk space, contracted data transfer, allocated processor, RAM memory, among others. These features may 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 BH Servers to store those files while the contract is active, but this does not grant BH Servers the right to share or use those files.
1.1 Service and plan values and features:
The values and features of each plan for the services provided are available on the website www.bhservers.com.br. The specific policies for each service are set out in these terms, further ahead.
1.2 Login and access password:
All services are delivered with a username and access password, in order to provide greater protection and security for the client's account.
Access credentials are personal and must not be shared with anyone.
On BH Servers' part, none of the client's data will be shared and is stored in encrypted form to ensure your privacy, in accordance with our privacy policies.
1.3 Access methods:
Each service has its own specific access method. Each access method will be addressed in the "Specific Policy for the Various Services Provided", topic 2.
1.4 Payment policy and pricing:
All payments related to the services provided by this website (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-annual, annual, and biennial.
In the event of a plan change (upgrade) mid-period, an advance payment of the pro-rata 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 time remaining in the current period. After our confirmation of the pro-rata payment, the client will have access to the new plan's features as per the instructions sent by email or provided by support. Plan changes are subject to availability and specific conditions of each plan.
Payment methods will be listed on the online invoice sent by email and available on the site https://bhservers.com.br/cliente (by logging in with registration data). Some payment methods involve additional fees beyond the amount displayed on BH Servers' website. These fees refer to commissions charged by payment portals (which are outsourced), plus taxes. If the client does not agree with the fees, there will be payment options without any commission charge, such as bank deposit.
Payments by deposit or PIX/Boleto must be reported to BH Servers through the ticket system by clicking "Open Ticket", option "Financial", since we have no means of identifying the client by this payment method. Other payment methods are normally identified and approved automatically within the timeframes set out in the terms of service of the chosen payment portal.
Communication failures between intermediaries and the financial system (https://bhservers.com.br/cliente) are tolerated, since they occur through different servers in different locations, and a communication interruption may occur at the moment of payment confirmation. In this case, the client simply needs to notify us of the payment through the ticket system and we will perform manual approval.
Average approval times for each payment method:
The timeframes reported below are for reference only 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: Method charged in Euros. It is normally approved within a few seconds to a few minutes, provided there is no registration discrepancy. Occasionally PayPal may take longer to approve if manual approval is required.
Mercadopago: Mercadopago offers various payment methods on its portal. Each method has a different timeframe, but the deadline set 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 unsafe, Iugu or Pagar.me may opt to cancel the payment. We acknowledge the possibility of false positives and, in such cases, recommend using alternative payment methods such as PayPal or Mercadopago, which also accept credit cards.
Bank Slip / Boleto Bancário (Processed by Paghiper): Approval deadline of 3 business days.
PIX available on Bank Slip (Processed by Paghiper): This payment method requires manual approval through client communication, as described above. The approval deadline is 3 business days.
PIX (Processed by Stripe): Approval is normally immediate. In case of failures, please contact us to confirm the payment.
Bank deposit: This payment method requires manual approval through client communication, as described above. The approval deadline is 1 business day.
1.4.1 Jurisdiction and payment processing:
Depending on the payment method chosen, 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 via MercadoPago or Boleto Bancário will be processed exclusively by BH Servers Tecnologia LTDA, governed by Brazilian law.
Payments made via Credit Card (Stripe), PIX (Ebanx), or PayPal will be processed exclusively by BH SERVERS LLC, governed by the laws of the United States.
The choice of payment method determines the applicable jurisdiction for contracting, support, refunds, and any disputes. By opting for a certain payment method, the client declares awareness and agreement with the rules and laws of the respective country.
If in doubt, the client may contact us before making the payment for additional clarification about the responsible entity and the legal effects of the contract.
1.4.2 Installments:
Mercadopago is currently the module that allows credit card installments. 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. Upon renewal there is no loss of files or any changes. The service remains active normally, just as before the renewal.
BH Servers will send an email with a new renewal invoice a few days before the due date. If the client wishes to extend the period of the contracted service, payment must be made by the last day of the agreed period.
In the event that payment is made by a method whose approval exceeds the due date, the client must contact BH Servers through official contact methods, 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 there was a "payment absence". Therefore, the client is asked 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, which may be used to request a new service using that credit. If the service status is "suspended", the same service will be reactivated exactly as it was before the suspension.
In the event of unforeseen increases in service costs, such as exchange rate fluctuations between local currency and Dollar (the Dollar is the currency used in renting the infrastructure necessary for service provision), labor costs, taxes, levies, or any other unforeseen event that generates a cost increase, BH Servers reserves the right to adjust prices accordingly.
1.4.4 Recurring payments (automatic):
The client may opt for a recurring payment. To enable recurrence and send automatic payments, the client must select payment methods compatible with this feature.
These are: PayPal and Credit Card. In both payment methods, simply registering authorizes recurring charges.
Recurring charges will be made automatically until the client requests cancellation (see paragraph 6).
The client commits to requesting service cancellation if they choose not to renew, in order to avoid unwanted recurring charges.
Recurring payments are non-refundable as they constitute a service renewal and not a new order. It is the client's responsibility to request service cancellation up to 1 (one) day before the invoice due date, so that the service is not renewed.
1.5 Delivery deadline:
The service delivery deadline varies according to the contracted service and the number of installations in the queue, ranging from 5 minutes to 72 hours. We guarantee to work with the utmost dedication to deliver services as early as possible.
The contracted period will only be counted from the sending of the "welcome" email. The "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 solely in the exchange between local currency and Dollar (and vice versa) and as a proxy for purchasing services abroad.
In the occurrences mentioned above, 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 on 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 recognize that technology involves inherent and unpredictable risks, such as hardware failures, maintenance needs, cyberattacks, and other events beyond our reasonable control. It is important that our clients are aware that, despite offering affordable solutions, our servers do not have redundancy. As with any technology, there is a possibility of failures.
Therefore, 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 present signs of risk, wherever possible. Despite our best efforts, we cannot provide guarantees of uninterrupted operation or guarantees for files uploaded/installed within the services, given the nature of technology services.
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 unexpected loss or failure. It is essential to understand that all electronic equipment has a lifecycle and may fail before expected, regardless of precautionary measures taken. The client must consider that the contracted service is a computer, and it is common and global knowledge that computers can fail. The client must be prepared 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 may 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 infrastructure, 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 systems developed by third parties 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 backup routines (see section 3). BH Servers, in turn, commits to rapid resolution, where possible, and effective communication with our clients.
BH Servers is available to guide clients during the plan selection process to ensure 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 conduct prior consultations and use our support resources to clarify doubts about the suitability of the services offered.
2.1 Hardware, software failures, and incidents
BH Servers continually strives to ensure that our website (https://bhservers.com.br) and the offered services are accessible 24 hours a day, 7 days a week. However, it is important that our clients are 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, cyberattacks, viruses, ransomware, Internet congestion, among others.
These incidents may temporarily affect the availability of our services or result in file losses. 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.
For reference, the average uptime of 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 outages due to hardware failures, network issues, accidents, or incidents occurring in the Datacenter infrastructure, 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 in the system, as well as any software the client may install in one of the services.
In case of failure, BH Servers will be obligated to provide a new service similar to the one contracted within 4 days after the incident, at no cost to the client. The client will need to resend their backup files. The downtime beyond the average uptime must be compensated double. This time will be added to the service expiration date. The minimum time BH Servers must offer the client to remedy the unavailability is 1 (one) day.
3. File Uploads and Backups (security copies)
The client agrees to take full responsibility for the files they upload to the contracted service servers, which are under the client's management, as well as to maintain their own backup copies outside of our servers.
BH Servers IS NOT responsible for files and/or other data stored in your account. No service will guarantee the client recovery of lost information resulting from any eventuality.
None of our services should be used as backup or valuable file storage services. 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 failure. 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 may result in serious consequences for the client or third parties. There are services provided by vendors exclusively focused on critical files. We do not offer 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 service users.
It is the client's obligation to ensure that their use of the services complies with all laws and regulations in force in any applicable jurisdiction.
3.2 Beta Backup Plan
BH Servers offers an optional additional backup service, available in beta phase, exclusively for Outlet and VPS KVM plan clients, upon additional payment. This service is provided to help with 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 supplementary and does not replace the need to maintain independent and up-to-date backups of their data. BH Servers is not responsible for data losses 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 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 Memory, HD, and other components present in any computer.
The client understands that, since it involves a single hardware and a service exposed on the internet without redundancy, this is not a fail-proof service. The client should therefore opt for this service only if they can recover their service in case of the need to reinstall the virtual server, or can tolerate some downtime.
The processor is marketed in "vCore" (Virtual Core). Each vCore corresponds to one Thread of the physical CPU and is shared. Additionally, the client will have 400MHz reserved per contracted vCore (according to the selected plan).
The Semi-Dedicated (VPS) service is restricted to virtualization and availability of the hardware resources described on the page relating to the service.
The service will include a standard fixed IPv4 with a random range, which will not be changed, unless we are forced to do so for technical reasons on our end. The client will not be able to request an IP change. We will not be able to guarantee the IP number, as a random IP will be delivered. Due to IPv4 scarcity, we will not be able to provide additional IPs for a single server. Each service will have only one single IPv4.
The service will be delivered first to the first available location. If the client has a preference for a specific location, they must request it through the available contact methods before making payment. Following 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 cost of operating system licenses and software to be installed are the client's responsibility, who must make the appropriate payments directly with the system developers or official resellers.
Windows operating systems are delivered with an evaluation license, which must be converted to a definitive license after evaluation, in accordance with Microsoft's rules available at: https://www.microsoft.com/en-us/evalcenter/evaluate-windows-server
Linux systems are free and do not require activation.
The access methods for the systems are specific to each operating system. They are:
Linux: The Linux access method is via 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 the 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 via VNC connection. On this first connection, the client must change their password. After changing the password, it will also be possible to connect through Remote Desktop Connection.
Operating systems are delivered with only basic software, without any specific configuration. The client is fully responsible for configuring their Semi-Dedicated (VPS) for the intended use. All software necessary for the client's intended purpose must also be configured and installed by the client. No assistance will be provided in this case, as we cannot be expected to have knowledge of all possibilities in computing.
The disk space within the operating system will initially be divided into two parts. One drive with a minimum space containing the operating system, and the rest will have the status of "unallocated space". This occurs because the templates used for automated operating system installation contain only the space necessary for OS installation, in order to speed up the delivery of the operating system after service delivery.
Therefore there are two situations:
Windows 2003: Expansion must be done manually as this version did not yet have the technology for automatic expansion. The unallocated space can be converted into a new drive. Alternatively, the client may choose to use partitioning programs, such as Partition Magic.
Windows 2008 and above: These are programmed to automatically expand the hard drive 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 on Windows systems.
Linux: Linux systems require manual disk space expansion. The process is simple and will have our technical assistance, if needed. Links to tutorials with the commands for disk expansion are in the email sent by BH Servers, titled "Your VPS Has Arrived!". The tutorials are also in the Knowledge Base: https://bhservers.com.br/cliente/knowledgebase.php
We will monitor 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 drive), and various components such as connection and power cables. In case of failure, the damaged component will need to be replaced, and this process will result in a period where the service will be offline until resolved. The time will be compensated at the end of the invoice due date.
We will not perform any specific monitoring of the behavior of the operating system and installed software; this is the client's responsibility.
We are not responsible for the selected operating system. Therefore we cannot offer warranty for any operating system, its reliability, or behavior. The warranty is offered by the developer of each system.
BH Servers is not responsible if the client makes any change that renders the service unusable. For example, altering network settings, installing any software that blocks access to the operating system, installing unsafe files that may damage the service, infecting the system, losing or forgetting the password, disabling the Firewall (in this case the system may be infected by ransomware), or any other action that damages the system. In this case, the client will need to format the operating system.
We do not guarantee that the software the client wishes to install will be compatible with the service offered. It is the client's responsibility to evaluate, before requesting the service, the software requirements they wish to install and whether they are compatible with the systems and plans offered by BH Servers.
The client is responsible for keeping the operating system protected and ensuring that no malicious files are installed in the system. The client will be responsible if the operating system or any software installed by the client makes the system vulnerable to abuse or generates a violation of these Terms of Service due to software installation, malicious files, or misconfiguration of the operating system. In this case, BH Servers may apply the penalty as per topic 3 of these terms of service (3. Service suspension or cancellation by BH Servers).
The client may format their VPS for free as many times as they wish through the control panel, including the possibility of changing the operating system, without needing technical support for this. If technical support assistance is needed for the format, it is possible to request it, with the right to 1 (one) free monthly format. Additional formats will be charged a fee. In this case, the client must pay a formatting invoice before it is carried out.
BH Servers must provide exactly the resource contracted by the client, being our responsibility to ensure that every client has 100% of everything they contracted. The guaranteed resources include:
RAM Memory, HD, and Processor.
Servers do not have a graphics card (hardware acceleration). Only basic onboard video standard to the motherboard. Therefore, software requiring hardware acceleration may not work (typically games or programs using OpenGL, DirectX, and other graphics libraries).
The dedicated server where the Semi-Dedicated (Cloud VPS) is hosted has a single processor that will manage not only the client's service but also others sharing the same physical equipment. Therefore, although not common, performance fluctuations in processing are expected at certain times. This is due to the nature of processors which queue processing requests.
The internet link is shared among all clients on the same physical server.
The bandwidth described in each plan and referred to as "burst" is the maximum connection limit. The average value depends on overall internet quality. If a variation occurs at any point between the Datacenter's internet link and the client, 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 Restrictions:
Because this is not a fail-proof service and because it was not developed to guarantee security for files — since the focus of this service is to offer low-cost virtualization — it is forbidden to store critical files or programs. In the event of critical file storage, the client must have a backup of all hosted files in another location dedicated to backup purposes. It is also forbidden to install software with single-use licenses or any other use that involves an unrecoverable investment in case of failure. If the client cannot bear the costs of a new service configuration in case of failure, this service should also not be used. For this type of use, there are other services on the market specifically developed for these purposes that offer redundancy guarantees (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 internet provision, 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 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 them elsewhere).
The following games are prohibited: Ark Survival, Rust, DayZ, Arma II and III, Valheim, Counter Strike, Gambling and betting/gaming websites, general Steam game servers, or any "first-person shooter" game. Also prohibited 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, whether intentionally or through virus or malware infection generating unauthorized use. This includes phishing (sites that impersonate other sites with the aim of collecting data); sending SPAM; installing "pirated" or "cracked" programs/games (illegally reproducing a computer program without the express authorization of the rights holder and, consequently, without the proper license); unlocking paid internet (pirated internet); installing or proliferating malware/viruses; launching attacks in general, such as DDoS attacks (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 accessing betting sites (Betfair, Bet365, and similar), access to betting sites (Betfair and Bet365), bots (robots) that generate artificial numbers on social media (Siga Social or any other similar method); p2p file sharing; installing Torrent software (Bitcomet, BitTorrent, and similar); storing, exchanging, or transferring torrent files; stress testing; E-sus or any system that makes connections with public bodies in any country; video streaming (OBS Studio, PLEX, and similar); any system that uses resources constantly; use of resources in an unnatural manner, such as prolonged CPU or memory usage above 80% for a period exceeding 60 minutes; any system that may cause IP blocking on third-party sites or systems; systems and software that endanger the integrity of the dedicated server used for virtualization; or any other unlawful act in Brazil, Canada, and/or the USA.
We do not allow the storage of software necessary for the prohibited uses cited 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 national servers are not optimized for this purpose.
4.2 Website Hosting:
Website hosting rental services are shared services intended for web pages, accessible through browsers such as Internet Explorer, Google Chrome, Firefox, and others.
The use of website hosting is exclusively for hosting files related to the hosted website, and hosting for remote access of sites or services hosted elsewhere is not permitted.
This is a shared service, where multiple clients share a single dedicated server.
Website hosting uses the cPanel control panel, and the operating system is CloudLinux.
The extensions offered in hosting are the cPanel standards and can be checked at the following link: https://documentation.cpanel.net/display/EA4/PHP+Options
The client may choose the PHP version.
The use of the database for game server purposes is prohibited. The database is exclusively for storing simple information related to the hosted website.
All clients are protected by the CloudLinux system, which isolates each client. In this way, a client with a "heavier" website cannot affect other websites.
The client will have a resource limit in order to prevent overuse of the server, as explained above.
The files hosted in client accounts on our hosting servers are entirely the client's responsibility.
SPAM sending, phishing sites, pornographic content sites, or illegal gambling sites are not tolerated.
4.3 Dedicated Servers:
This service provides the rental of a computer (server) fully dedicated to the client for the agreed period through the registration form, where the only shared resource is internet, but the provided link is fully dedicated within the contracted speed.
Dedicated Servers are services intermediated by BH Servers. Therefore, the applicable rules and laws will be those currently in force in the United States of America.
The service will include a Fixed IP, which will not be changed in any way. It will be possible to acquire an additional IP upon payment, provided there is IP availability. If the client does not request an additional IP at the time of subscription and wishes to do so during the service period, it will be necessary to consult us via a Commercial Ticket to check availability, before the purchase of the additional IP is released.
Our responsibility for this service is solely the intermediation between the client and the Datacenter, which is the actual service provider. In other words, we will act as agents.
For this service, we will only accept bank deposits for security against malicious clients.
The amount paid will be converted to 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. This includes phishing (sites that impersonate other sites with the aim of collecting data), SPAM, malware/viruses, DDoS attacks, mIRC server, systems and software that endanger the integrity of the dedicated server, or any other illegal act in Brazil and/or the USA.
We do not allow the use of the service for cryptocurrency mining.
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 use our rules as a basis.
All clients of the contracting party are entirely the latter's responsibility.
4.5 Radio Streaming:
The radio streaming service aims to provide the rental of an infrastructure for audio transmission via the Web for the period agreed through the registration form and confirmed via email.
The music added to the client's database is entirely the client's responsibility.
It is the client's responsibility to obtain legal authorization for the public or virtual broadcast of their radio system through our servers.
We will not allow the use of this service to broadcast 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, registration will only be completed after payment by us to ENOM (international) or Registro.br (national).
This process is normally carried out automatically by our system. However, we are not responsible if the contracted domain is registered by another provider or individual before our system's processing time.
If this occurs, the registration amount will be refunded or another domain may be registered, converting the invested value into credit. The choice between refund or credit is the client's, who is free to decide whether they want a refund of the amount paid or conversion to credit.
4.7 Affiliate Program:
The affiliate program is designed to generate credits for service subscriptions on bhservers.com.br and is available to all registered users on the site. Simply activate the link related to the affiliate program.
We refer to the person who enables the affiliate plan in the account registered at bhservers.com.br/cliente, generates the affiliate link, and refers clients using that code as an "affiliate".
We refer to the person who clicks on the affiliate link as the "referred client".
The affiliate program aims to bring new independent clients, expanding BH Servers' unique client base. To ensure system integrity and prevent misuse, the following rules apply:
When the referred client clicks on the affiliate link, a "cookie" valid for 90 days will be stored on the referred client's computer or cell phone.
Each client referred by the affiliate who makes a payment while the cookie is still valid will grant the right to 10% of the amount, 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 they renew their subscription.
The affiliate must refer the service to third parties, never to themselves or to another person living in the same physical residence, in order to avoid doubts about honest use of the system.
The affiliate may not create two accounts and refer the second one.
The affiliate may not log into a referred client's account.
The affiliate may not defraud the system in any way in order to benefit from the program without fulfilling the main objective of bringing new clients.
We reserve the right to cancel and remove credit if fraud or non-compliance with the terms of service is proven.
4.8 Other services:
Other rental services follow the standardized rules of these terms of service.
5. Service suspension or termination by BH Servers
5.1 Suspension and cancellation due to misuse:
BH Servers reserves the right to suspend or terminate the client's services, without prior notice, in cases where payment delay, credit card payment dispute (chargeback), abuse, or misuse that puts the service of other clients or the integrity of services at risk is proven, as well as upon finding discrepancy or inconsistency in the client's registration data. Other situations may also result in suspension or termination, as per the restrictions 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 to prove that misuse has actually occurred and thus avoid an unjust suspension.
The service may return to normal operation upon the client resolving the issues indicated by BH Servers technicians, provided the service is suspended or after system reinstallation (also provided the service is suspended), in cases where it is proven that the breach was caused by infection. In the case of infection, BH Servers will not provide access to the system, as the infection will continue generating the abuse, and a backup at that point risks transferring the virus or the file that caused the abuse to the new server. In this case, the safest approach is to use a prior backup. However, if we deem it necessary, we may terminate the service without prior notice, without right to refund, and subject to a fine as per topic 8.
In the case of service termination, all files sent by the client will be permanently deleted. It is the client's responsibility to maintain backup copies, as per Topic 6.
The following are considered potential grounds for suspension or termination (without right to refund) of services provided by BH Servers, due to abuse or misuse:
Violating the restrictions of the Specific Policies for the Various Services Provided (Topic 2)
SPAM complaints or misuse of email sending servers (SMTP);
Traffic or resource overload caused by unnatural factors, such as the use of robot software or other resources that keep traffic abnormally high, acting artificially (differently from the standard) and potentially endangering the service for both the client causing the traffic and other clients sharing the network or servers.
Processing overload caused by processes generated via software, programming, or databases, which endanger the integrity of the servers used for the provided services.
Publication, storage, and traffic of illegal content or content protected by intellectual property rights. This includes materials referencing pedophilia, racism, discrimination against minorities, piracy, plagiarism, intellectual property violations, or any other illegal content in accordance with applicable laws.
Creating links for downloading images or files from external sites to the site hosted in 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 use above the maximum for 60 minutes as abusive since it represents unnatural usage and aims to protect the hardware, ensure quality, and maintain service stability for all users. Prolonged use at the maximum of these resources can shorten the hardware's useful life, especially the CPU, thereby affecting service performance or even potentially leading to total unavailability in the event of equipment burnout. We monitor resource usage and may take action if excessive use persists, to preserve the integrity and proper functioning of our shared environment.
Registering with incorrect, incomplete, or inconsistent data (name, last name, tax ID, address, phone, among others), as well as refusing to correct or prove them, as requested by BH Servers.
Other reasons not listed here may also result in service suspension or termination, as per specific provisions applicable to each type of service, according to the Restrictions.
5.2 Non-payment of service renewal invoice:
Since this is a rental with advance payment, non-payment by the due date and time of the contracted period will be interpreted as a lack of interest in extending 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-payment confirmation, as per the rules above, by the contract period due date, the service will be suspended and subsequently terminated as per the rules below:
The contracted service will be valid from the activation date and time and will expire exactly at the end of the contracted period, considering the start day and time. From the first minute after this expiration date and time, and if the payment status is "unpaid", we reserve the right to suspend and eventually cancel the service.
If the service is suspended when 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 with all files preserved, upon payment of the renewal.
If it is terminated/canceled, it will not be possible to recover the previous service, and a new order will need to be placed. Please note that not all orders have automatic approval.
5.3 Fraud suspicion:
"Fraud suspicion" 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 reports from third parties, such as payment Gateways or fraud risk scoring companies contracted.
If BH Servers believes a transaction may be fraudulent, it will take the following steps:
Our system, which evaluates fraud risk for each transaction, may be updated with new criteria by security companies. If we detect high fraud risk, 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 amount, but the amounts already spent will not be returned.
Upon data confirmation, we will remove the suspension and the service will continue normally. The suspended time will be compensated as additional time at the end of the contracted period.
5.4 Termination due to chargeback:
We have a zero-tolerance policy regarding chargebacks.
A chargeback is understood as the action where the holder of the credit card used for the purchase requests the cancellation of the payment directly with their bank.
Our system is programmed to terminate the client's account in the event of a chargeback, which includes the permanent deletion of all stored files and data. This action is irreversible. There is no flexibility in this process, since the amount paid is automatically removed by the payment intermediary, making recovery impossible, due to the nature of the service.
The administrative cost generated by the chargeback, including fees and charges applied by the payment intermediary, will be converted into a debt in the client's name, which must be paid in full, regardless of new contracting or use of BH Servers services.
In case of error, the client must make a new request using a payment method other than credit card after settling the generated debt. For our security, we will not accept new payments from this client via credit card. All other payment methods will be available.
6. Service cancellation request by the client
The client has no obligations after the termination of the canceled service, and the relationship with BH Servers will be deemed terminated.
No invoice will be generated after the cancellation request, and any pending invoice will be canceled.
The client may request service cancellation to be effective at the end of the contracted period, if the cancellation request is made outside the statutory deadline. In other words, at the end of the expiration date and time of the service. Never before the end of the contracted period. We will refer to this request as a non-renewal notice on the site bhservers.com.br/cliente. The link for the non-renewal notice will be available in the service administration panel, where the client can notify 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 simply not to pay the renewal invoice. After service suspension, BH Servers will proceed with service termination.
Regarding the statutory 7 (seven) day period, if the client exercises their right of withdrawal within this period, the refund will be made proportionally to the unused time, as consistently understood by courts regarding continuous services. The service will be considered used and subject to 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 installs, reinstalls, or changes configurations in the operating system or server;
- There is consumption of contracted resources, such as CPU, RAM memory, storage, or bandwidth;
- Any other direct or indirect action that implies the use of the available resources.
- If the service is considered used, the proportional refund will be calculated based on the adjusted daily value, higher than the simple proportion, due to the nature of the service and operational costs involved.
For requests outside the 7-day period, cancellation will be treated as a non-renewal notice. This request can be made in the service administration panel or via 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 set out in this contract.
7. Contact and Technical Support Guarantee
Technical support is guaranteed only in cases of BH Servers' responsibility. BH Servers is responsible for: Hardware, internal network technical issues, service instability issues, basic initial questions, such as the first connection to the provided service, and troubleshooting to ensure access to the contracted service.
We do not provide support for the installation and configuration of any software internal to the contracted service. Service configuration is entirely the client's responsibility, just as third-party programming is the developer's responsibility.
BH Servers disclaims any responsibility for any problem or "bug" (development issues) in any programming that was not made by us.
Contact methods and technical support
All contact with BH Servers is through opening a "ticket".
A ticket is understood as the submission of 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, in order to send the message.
The client must select the department related to the topic of the ticket opening: Technical support, financial, or commercial. Technical support will provide technical assistance for the contracted service. Financial will respond to payment-related messages. Commercial 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 extra day will be added to the contract period expiration date, to compensate for the time the client was left waiting for a response.
Conduct rules
Both parties must respect each other and maintain a good level of conversation through message exchanges.
8. Contractual Penalties
If any obligations arising from this contract are breached, the party responsible for the breach is obligated to pay a penalty of 50% of the contract value.
9. Final Note
Contracting any of the services offered by this website constitutes 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.
Updated on 12/15/2021
