1. Who we are and what this agreement covers
PomeloHost is a brand of FINLEADGEN LLC, a Florida limited liability company with its principal office at 135 E Dania Beach Blvd, Apt 1, Dania Beach, FL 33004 (“PomeloHost,” “we,” “us”). These Terms of Service (“Terms”) form a binding agreement between us and the person or organization that creates an account or uses our services (“you”).
These Terms apply to all PomeloHost services, including virtual private servers (“VPS”), web hosting, WordPress hosting, agency hosting, domain registration, email, Microsoft 365, migrations, managed services and development services (together, the “Services”). Our Acceptable Use Policy, Privacy Policy, Refund Policy, Service Level Agreement and any order form or statement of work are part of these Terms. If an order form or statement of work conflicts with these Terms, the order form or statement of work controls for that Service.
By creating an account, placing an order or using the Services, you agree to these Terms. If you accept on behalf of an organization, you confirm that you have authority to bind it.
2. Eligibility and your account
- You must be at least 18 years old and able to enter into a binding contract.
- You must provide accurate, current and complete account and billing information and keep it up to date.
- We may ask you to verify your identity or payment method before or after activating a Service. We may refuse, delay or cancel an order if verification is not completed or raises concerns.
- You are responsible for all activity under your account, including activity by anyone you give access to. Keep your password and keys secure and enable two-factor authentication.
- One person or organization may not open multiple accounts to obtain promotional pricing more than once.
3. The Services
Each Service includes the resources and features described on our website or order page at the time of purchase. We may improve, update or replace parts of the Services, including hardware, software and data center locations, provided that the core features of a Service you have paid for are not materially reduced during the paid term.
Self-managed Services. VPS plans are self-managed unless you purchase a managed add-on. You control the operating system and software on your server and are responsible for configuring, securing, updating and backing it up.
Beta and early-access Services. Services labeled beta, early access or preview are provided as is, may change and may have limited support.
4. Orders, billing and automatic renewal
Prepaid terms. Services are billed in advance for the billing term you choose (for example, 1, 12, 24 or 48 months). The price you pay applies for the entire term you purchased.
Introductory prices. Introductory prices apply to the first term only. The renewal price for each Service is shown in the order process and in your account before you pay.
Automatic renewal. Unless you turn off auto-renewal or cancel before the end of your term, each Service renews automatically for the same term length at the then-current renewal price, and we charge your payment method on file. For terms of one year or longer, we will email you a reminder before the renewal date with the renewal price and how to cancel. You can turn off auto-renewal or cancel at any time in your account, online, without contacting us.
Taxes. Prices exclude sales, use and similar taxes unless stated otherwise. We add applicable taxes to your invoice.
Failed payments. If a payment fails, we will notify you and retry. If an invoice remains unpaid 7 days after its due date, we may suspend the Service. If it remains unpaid 30 days after its due date, we may terminate the Service and delete its data.
Disputes and chargebacks. Please contact us before disputing a charge with your bank. If you file a chargeback, we may suspend your account until it is resolved.
Price changes. We may change prices for future terms. Changes do not affect a term you have already paid for. We will notify you of any increase in your renewal price at least 30 days before it applies.
5. Money-back guarantee and refunds
Eligible new purchases come with a 30-day money-back guarantee. Refunds are governed by our Refund Policy.
6. Acceptable use
You must use the Services lawfully and in line with our Acceptable Use Policy. Among other things, you may not use the Services to send spam, distribute malware, attack or scan other systems without permission, mine cryptocurrency, host illegal content, infringe intellectual property or interfere with other customers. We may investigate suspected violations and take action described in Section 11.
7. Fair use of shared resources
VPS plans share physical hardware with other customers. Each plan includes guaranteed memory and storage and a share of processor capacity. To protect performance for all customers, we may limit processor use that stays at a high level for extended periods, and we may limit network traffic above your plan’s included bandwidth. Plans described as “unlimited” are subject to normal use for websites of the stated type and may not be used for file storage, backups of other systems or streaming services.
8. Your content, data and backups
Your content. You keep all rights to the data, websites, applications and other content you store on the Services (“Your Content”). You give us permission to host, copy, transmit and back up Your Content only as needed to provide and support the Services.
Your responsibility. You are responsible for Your Content, for having the rights to use it and for keeping your own backups. Backups we provide as part of a plan or add-on are a convenience and do not replace your own backup strategy.
Access to Your Content. We do not access Your Content except when you ask us to (for example, for support or migration), when needed to maintain or secure the Services, to investigate a suspected violation of these Terms, or when required by law.
After termination. After a Service ends, we may delete its data. We keep data for up to 7 days after termination when possible, but we do not guarantee recovery after a Service ends.
9. IP addresses and domains
IP addresses. IP addresses assigned to your Service belong to us or our providers. You have no ownership rights in them, and we may change them when technically necessary with reasonable notice.
Domains. Domain registrations are provided through our registrar partner and are subject to the Domain Registration Agreement, the policies of the relevant registry and the rules of ICANN, including the Uniform Domain-Name Dispute-Resolution Policy. You are the registrant of domains you register through us. Domains we include free for the first year renew at the standard renewal price.
10. Third-party products
Some Services include products from third parties, such as Microsoft 365, cPanel licenses and operating systems. Your use of those products is subject to the third party’s terms. For Microsoft 365, you must accept the Microsoft Customer Agreement before we can provision licenses, and cancellations and refunds follow Microsoft’s rules for the plan you choose. We are not responsible for third-party products beyond the obligations we expressly accept in these Terms.
11. Suspension and termination
By you. You may cancel any Service in your account at any time. Cancellation takes effect at the end of the current term unless you request immediate cancellation. Refunds, if any, follow our Refund Policy.
By us. We may suspend or terminate a Service, with or without notice depending on the urgency, if:
- you breach these Terms or the Acceptable Use Policy;
- your Service is causing harm to our network, other customers or third parties, or is the subject of a valid abuse complaint;
- payment is overdue as described in Section 4;
- we are required to do so by law or a court or government order.
Where reasonable, we will give you notice and an opportunity to fix the problem before suspending. If we terminate a Service for convenience and not because of your breach, we will refund the unused portion of your prepaid term.
12. Service level
Our Service Level Agreement describes our uptime commitment and the service credits available if we do not meet it. Service credits are your sole remedy for availability issues.
13. Our intellectual property
We and our licensors own the Services, our websites, software, control panels, documentation and brand. These Terms do not give you any rights in them except the right to use the Services as described here. If you send us feedback, we may use it without obligation to you.
14. Copyright complaints
We respond to notices of alleged copyright infringement in line with the Digital Millennium Copyright Act. Notices should be sent to our designated agent: Andrey Sharov, FINLEADGEN LLC, 135 E Dania Beach Blvd, Apt 1, Dania Beach, FL 33004, [email protected]. We terminate the accounts of repeat infringers in appropriate circumstances.
15. Privacy
Our Privacy Policy explains how we collect and use personal information.
16. Disclaimers
Except as expressly stated in these Terms or the Service Level Agreement, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or completely secure.
17. Limitation of liability
To the maximum extent permitted by law:
- neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of their possibility;
- our total liability arising out of or relating to these Terms or the Services is limited to the amounts you paid us for the affected Service in the 12 months before the event giving rise to the claim.
These limits do not apply to your payment obligations, your indemnification obligations or liability that cannot be limited by law.
18. Indemnification
You will defend and indemnify us, our affiliates and our personnel against third-party claims, and related losses and costs, arising from Your Content, your use of the Services in violation of these Terms or the law, or your infringement of third-party rights.
19. Disputes and arbitration
Informal resolution first. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other at least 30 days in advance.
Binding arbitration. Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules. The arbitration will take place in Broward County, Florida, or by video conference. Either party may instead bring an individual claim in small claims court.
No class actions. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class or representative proceeding.
Opt-out. You may opt out of arbitration by emailing [email protected] within 30 days after you first accept these Terms.
Governing law. These Terms are governed by the laws of the State of Florida and the Federal Arbitration Act, without regard to conflict-of-law rules.
20. Export controls and sanctions
You may not use the Services if you are located in, or are a resident of, a country or region subject to comprehensive U.S. sanctions, or if you are on a U.S. government restricted-party list. You must comply with U.S. export control laws when using the Services.
21. Changes to these Terms
We may update these Terms. If a change is material, we will notify you by email or in your account at least 30 days before it takes effect. Continued use after the effective date means you accept the updated Terms.
22. Notices and electronic communications
You agree to receive notices, invoices and other communications electronically, by email or in your account. Notices to us must be sent to [email protected].
23. General
These Terms are the entire agreement between you and us about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
24. Contact
FINLEADGEN LLC (PomeloHost), 135 E Dania Beach Blvd, Apt 1, Dania Beach, FL 33004
Support: [email protected] · Legal: [email protected]