Terms & Conditions
We encourage our customers to read all of the following sections of our Terms of Service to help avoid confusion. Below is a set of guidelines for how we handle your payment and various requests.
YOU'RE REQUIRED TO AGREE TO ALL OF THESE TERMS BEFORE CONTINUING. NOT AGREEING TO THESE TERMS, REVOKES YOUR ABILITY TO USE OUR WEBSITE OR SERVICES.
These Terms of Service (the "Terms") dictate your use and access to the services (Service or Services), goods, software, cloud-based personal computer service, and websites (together the "Services" or "Service" for singular) of Ohbubble Hosting ("We" or "Ohbubble").
The "Websites" referred to in these Terms are https://www.ohbubble.com/ and all other websites of Ohbubble Hosting and its subsidiaries.
Please read these Terms very thoroughly. These Terms are an agreement between you ("You", the "User" or the "Customer") and Ohbubble Hosting ("We," "Our," or "Ohbubble"). By utilizing our Services, you agree to be bound by these Terms herein, and all other terms and policies incorporated in this agreement.
Our Services may be subject to additional terms and conditions, which you accept before those Services are provided to you. These additional terms will prevail over these Terms concerning the Services provided.
AGREEMENT REQUIREMENTS
Our Services are not intended for, and shall not be used by anyone under the age of 18. By utilizing our Services, you represent and warrant to us that you are at least 18 years of age or have a guardian or parental consent to enter into this agreement. You also confirm that you have all the necessary legal and lawful requirements to accept these Terms, and purchase, or use the Service. If you're in a country, state, or region that prohibits you from entering this agreement, you are not authorized to use our Services, Websites, or to participate in this agreement.
SERVICE
Our Service herein, "Service," is a cloud-based personal computer that you access remotely via a Remote Desktop software, which is provided by Ohbubble with the Service.
MONTHLY PAYMENT SUBSCRIPTION
After the first initial payment from your recurring billing cycle is sent to Ohbubble, you will not be charged further. Ohbubble then has 14 days to provide the Service to you; otherwise, the first initial payment will be refunded. Please view our Refund Policy for more information. Keep in mind; the Automatic Recurring Billing System will automatically continue for successive periods in a perpetual cycle following the due date for each payment unless You cancel usage to the Service. To further clarify with a theoretical example, if your first initial payment was made on July 1st, and you receive access to the Service on the 10th of July, you will be charged again on the 1st of August and so on.
You are solely responsible for ensuring that all due payments are paid on time. This also includes supplying correct and approved banking information to Ohbubble for the sole purpose of processing due payments. If you default on a payment, Ohbubble reserves the right to terminate access to the Service. If your Service has been terminated due to a lack of payment, we can not guarantee that access to the Service could be restored. If your access to the Service has been terminated due to a payment default, you will not be entitled to any refunds in regards to the termination.
SUBSCRIPTION PLAN CHANGE
If the Customer wants to upgrade to a more expensive Subscription Plan, a refund can be provided to the Customer after the Customer has purchased the new Subscription Plan. For example, the Customer must first purchase the plan he/she would like to upgrade to, and then after payment confirmation, the Customer can receive a refund for the previous plan. If the Customer already received access to the Service, this option will not be possible. If you wish to upgrade after you've received access to your Service, please contact our support team to check if it's possible.
Unless otherwise stated, the purchasing of new options or enhancements to your Service should take effect immediately (subject to variation depending on the option/enhancement purchased). The upgrade/enhancement will be billed alongside your initial billing cycle. For example, if you bought an upgrade or enhancement for your Service on the 25th of June, and you purchased your Service on the 20th of June, you will be billed for that upgrade/enhancement on the 20th of July alongside your initial Service billing cycle.
PRE-INSTALLED SOFTWARE
All of our Services come with pre-installed software that may or may not be developed or created by Ohbubble. All of the software included in our Services is either open-source, publicly available for free use, or licensed specifically by Ohbubble for the use of the Service.
Editing or modifying any settings that come pre-configured on the pre-installed software included in the Service we provide will automatically void further support from our staff. We suggest that the settings are left untouched to maximize both performance and stability when utilizing the Service for streaming, or running programs. If you want to change your settings without breaking the performance of the Service, feel free to contact us, and we'll provide further details.
SERVER HARDWARE
Ohbubble will determine the hardware and service providers to ensure the functioning of the Service. The hardware and service providers are likely to change over time. Ohbubble intends to replace the hardware used for the Service regularly to ensure that our business remains competitive. Ohbubble is solely responsible for choosing the hardware and service providers we use in combination with the Service at our discretion. The Customer therefore acknowledges and agrees that he or she may not make any objection or demands concerning Ohbubbles's choice of hardware and service providers. Ohbubble's only responsibility in regards to hardware is to be able to utilize hardware that can do or perform the tasks advertised on the Ohbubble website.
The Customer further acknowledges and agrees that Ohbubble reserves the right not to disclose any of the hardware used on their Services but instead, promises that the hardware is capable of performing the advertised tasks on the Ohbubble website.
SERVER ACCESS
To access the Service, the Customer must have a working Internet connection. This connection will not be included with the Service. The connection to the Service will depend on your own internet connection. This includes, but it's not limited to your Ping time, bandwidth, and connection stability.
Keep in mind; you are responsible for your Internet connection. Furthermore, we cannot be held liable for interruptions or alterations of the Service as a result of outages or changes in your Internet access.
While the Service includes unlimited data transfer, your Internet Service Provider, or ISP, may not. The Customer acknowledges and agrees that the use of the Service may result in large volumes of data being transferred. You are solely responsible for any costs owed to your Internet Service Provider in connection with the data transfers.
As it currently stands, Ohbubble utilizes third-party applications for the Customer to access the Service remotely. If there's a fault with the application, due to unforeseen technical difficulties, there's a possibility that the Customer will not be able to access the Service remotely. When this happens, the Customer has to inform our support team to identify the problem and apply a solution. Please note, Ohbubble is not responsible for the failure of the application utilized to access the Service remotely. Ohbubble's sole responsibility is to maintain the hardware of the Service running. Ohbubble is not responsible for any technical problems created by any software included with the Service.
In the scenario that the Service goes into a reboot, an update cycle, or a bandwidth limitation, you will not be able to access your Service at all. When this happens, you must contact us to fix the issue.
SERVER PERFORMANCE
Ohbubble is not responsible for the performance of your stream or miscellaneous software. Ohbubble provides a Service that's able to perform the information stated on our website. Any stutters, stream cut-offs, or audio cut-offs are not actions directly taken by the staff team at Ohbubble, nor shall the first blame be towards the hardware/Service we provided you. Due to the very uniqueness required to create each live-stream within the OBS software or any Third-Party-Software you've chosen to use, we cannot be held responsible for the way you configure your stream. It is your sole responsibility to make sure that your live-stream configuration is optimized for running on the included hardware. Furthermore, the Services provided have been tested to perform the tasks asserted on our website. A poor setup by the User will inevitably result in poor performance for your live-stream.
Guaranteeing a 100% stream up-time is virtually impossible due to the inevitable fact that software errors, hardware problems, and app malfunctions can occur at any moment on the Service that is being used to host the User's live-stream. This is the truth for most hosting companies on the market. Some things are simply out of our control.
We're not responsible for the way your stream is setup. Our sole responsibility is to provide the Service with the settings stated on the website. If the Customer is using software that we did not help install, then the Customer holds complete responsibility for the performance of their Service. We are not obligated to provide any further details about any custom setups held on the Customer's Service. This clause does not apply to servers without root access.
Ohbubble holds no responsibility for what's done on the Service provided to the Customers. Ohbubble's responsibility is to maintain the Service running. Any software errors, or errors that cause the Service to fail because of a User error, will be the responsibility of the User and any questions regarding the root of the problem, should not be directed to our support staff. The Service comes prepared to provide the performance stated on the Ohbubble website.
SERVER SETUP PROCESS
PLEASE NOTE THAT OHBUBBLE CURRENTLY DOES NOT SEND EMAILS AFTER PURCHASE. THE ONLY EMAIL YOU WILL RECEIVE FROM OHBUBBLE AFTER PURCHASE, IS THE ONE CONTAINING THE ACCESS DETAILS FOR THE SERVICE. (Subject to change)
When the setup process is completed, you will receive an email stating that the Service is Ready or "Almost" ready for use. You will be required to fill out our Verification Form before receiving access. The Service will be maintained running and operational from the very day you receive the email stating that the Service is ready, or Almost ready. It is your responsibility to fill out the information on the Verification Form before receiving access. Even if you don't fill out the Verification Form, and have no access to the Service as a result, you will still be billed until you do so. All servers that have finished their creation process will be billed until they are deleted, regardless of their state. This is because Ohbubble allocates full resources to the Service regardless of their power state. Even if you haven't completed the Verification Form after it being sent to you, or only used the Service for a short amount of time, you will still be billed until you cancel the Service. Make sure you check your spam folder in case you haven't heard from us.
You agree to follow our wait-time period to receive access to the Service. The waiting period to obtain access to the Service shall not exceed 14 days. To clarify, this does NOT mean that you will receive access to the Service in 14 days. This simply means Ohbubble has up to 14 days to provide the Service to you. Otherwise, the first initial payment from your recurring billing cycle will be refunded to you. Instant Service deployment is not something we currently offer (This could change in the future).
SERVER LIMITATIONS
The Service is provided based on the idea that the Customer can utilize the Service within its limits to avoid an undesired outcome. Due to the vastly different purposes that the Service could be used for, some things are solely up to the Customer to troubleshoot and in no way can Ohbubble be responsible for the way the Service performs in specific scenarios.
These scenarios are the following;
- The Customer utilizes the Service in a manner that causes the performance of their live-stream to be degraded due to poor configuration choices;
- The Customer utilizes software that causes their Service to halt or be inaccessible remotely;
- The Customer runs software that is not meant to be used with the Service;
- The Customer uses all of the available hardware included in the Service resulting in poor performance;
- The Customer removes pre-installed software that then ends up causing issues with the Service;
Furthermore, the Service has limitations of its own that cannot be changed or bypassed by the Customer. The following restrictions are;
- Utilizing more bandwidth than what's pre-configured on the Service. This includes changing the streaming bandwidth in OBS to a number higher than 3,000 KB/s. (To change the Bitrate to a higher number, you have to submit a request to our support team.)
- Running more than 1 OBS instance on the Service or running more than one live-stream. (Permission from Ohbubble is required to run more than one live-stream on the same server.)
- Changing the operating system's Administrator password on the Service;
USAGE OF SERVICE
For the Service to function correctly, the User must utilize it responsibly and reasonably.
As a result, you, the Customer, agrees not to use the Service in relation to any of the following activities:
- Supporting or performing illegal activities of any kind which may break local, state, national, federal or international laws, rules, and regulations;
- Broadcasting, creating, uploading, linking, or sharing fraudulent content;
- Broadcasting, sharing, uploading, or creating any pornographic or adult content, whether legal or illegal via the Service;
- Broadcasting, sharing, or live streaming any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy via the Service without authorization from the rightful parties;
- Live streaming, broadcasting, creating or sharing content that is harmful, defamatory, discriminating, or explicit of any kind or nature;
- Utilizing the Service to hack into third-party computer systems, hosting botnet-type services, or other computer programs with the intent or effect of restricting, harming or modifying the proper functioning of hardware or computer programs;
- Posting, distributing, making accessible or transmitting any software that contains a virus, trojan horse, worm, malware or other harmful or destructive software;
- Mining cryptocurrencies, or using the Service as a crypto miner;
- Broadcasting unwanted messages, promotions, advertisements, spam, misleading or false source identification information, including by spoofing or phishing techniques;
- Attempt to disable, alter, or circumvent, in any form, any device or feature of the Service, including any security, access restriction, storage limit, or any standby or shut-down mechanism;
- Taking any action that degrades, harmfully disrupts or interferes with the Service, our equipment, or the security of the Services or, taking any action that could be harmful to Ohbubble or other users;
- Attempting to bypass security measures included with the Service relating to the network;
Ohbubble reserves the right to monitor potential Users who might violate these terms. If Ohbubble determines that the User has violated any of these terms, Ohbubble will immediately terminate the Service. If the breach includes any illegal activity that severely violates the law, Ohbubble will report the User to the appropriate legal authorities.
Nevertheless, under no circumstances shall Ohbubble be accountable for your content. You are solely responsible for your content.
THIRD-PARTY SERVICES AND APPLICATIONS
Ohbubble may use applications, software, websites, or services that are created, controlled, and managed by third-parties, which may or may not be affiliated with Ohbubble. These third-party applications, software, websites, or services may or may not contain their own Terms of Use or Privacy Policies. To use these third-party applications, software, websites, or services, you'll be required to accept their Terms of Use and Privacy Policies. Ohbubble is not responsible for and disclaims all liability which may arise out of or in connection with any Third-Party applications, software, websites, or services included with the Service.
USER DATA & CONTENT
While utilizing the Service, you may or may not add to the Service, content that is yours and yours only — hereby referred to as "User Data".
The User Data only belongs to you, the Customer, and under no circumstance does it belong to Ohbubble. Under some scenarios, you may share this User Data with Ohbubble. Ohbubble will retain this User Data for as long as the Service is operational, or you maintain an active Customer account with Ohbubble or seek help from Ohbubble's support team.
You acknowledge and agree that Ohbubble may remove User Data from the Service if it is determined that you are in violation of these Terms or if we cancel or suspend your Service. We are not liable for the deletion of User Data, or accidental loss of User Data. We strongly advise customers to back up User Data to other places.
Some third-party applications included with the Service may request access to your User Data. You will be responsible for what you share with any third parties.
It is your responsibility to protect your access to the Service. This includes safeguarding your password or other access credentials. If a third-party, or someone who you gave access to, accesses the Service, any misconduct or breach of our Terms will be your responsibility.
Upon termination of your subscription or recurring billing, the information and content saved on your Service will immediately be permanently deleted without any further notice. This action is final and irreversible.
PERSONAL DATA
Apart from User Data saved on the User's Service, Ohbubble collects specific personal data concerning the User. Ohbubble will collect information such as your email address, your birth date, physical address, and payment information. This information is required to provide you with the Service.
Ohbubble will never share, sell, or disclose this data to the public, third-parties, or specific individuals. This data will be collected following our Privacy Policy.
ACCESS TO THE SERVICE
We may be required to suspend access to all or part of the Service from time to time, to conduct maintenance, hardware improvements, Service migrations, or to improve the overall experience for the User. In case we plan on doing a temporary access suspension to the Service, we will inform the Customer in advance via our website, email, or any other appropriate methods.
If the interruption to the Service is not mentioned to the User, the User should immediately contact Ohbubble to analyze the situation further.
REFUND POLICY
As it currently stands, Ohbubble provides a non-refundable Service. Due to the nature of server hosting, the charges of maintaining a cloud-computer running are instant to our company. These charges are simply non-reversible, thus non-refundable to the Customer.
Ohbubble will only issue a refund when a Customer has waited for 14 days and still hasn't received access to their Service. If you ask for a refund before the 14 days, Ohbubble will not honor your refund request. Remember, all of our Services require a waiting period that you must follow.
The first initial payment from your recurring billing cycle will be used as a setup fee for the Service. Ohbubble will then have 14 days to provide you with the Service; otherwise, the first initial payment will be refunded. Initiating an illegitimate dispute within those 14 days will disqualify you from receiving further support from our staff or receiving further access to any of our Services, whether it be in the present or future.
After the first 14 days, Ohbubble will not issue a refund if the Customer does any of the following;
- The Customer provided an invalid email address which makes it impossible to provide the Service;
- The Customer did not reply to any requests from Ohbubble regarding the delivery of the Service;
- The Customer ignored emails sent by Ohbubble regarding the delivery of the Service;
- The Customer had their access details delivered to their Spam folder but forgets it then claims it was never sent;
- The Customer claims that the access details were sent to the wrong email address;
- The Customer doesn't fill out the Verification Form and as a result, receives no access to their Service;
Furthermore, Ohbubble will not honor refund requests from Customers who make the following statements prior to the 14-day waiting period;
- The Customer claims that the purchase of the Service was unauthorized, accidental, or nonexistent. (If you believe the payment was unauthorized, accidental, or nonexistent, we suggest contacting your Credit/Debit card company and seek assistance from them. If you utilized PayPal to make your purchase, it is recommended that you contact them and seek their guidance on dealing with the manner.)
- The Customer claims to have financial or personal problems and needs their payment refunded;
- The Customer declares to have lost interest and seeks for their payment to be refunded;
FRAUDULENT TRANSACTION & BUYER FRAUD PREVENTION
If Ohbubble deems a transaction to be potentially fraudulent, unauthorized, or harmful to our business operation, Ohbubble will immediately refund any payment associated with the fraudulent transaction. Furthermore, Ohbubble may or may not disclose the reason behind this action to the Customer. If Ohbubble decides to disclose why the transaction was deemed fraudulent, depending on the situation, the Customer may be eligible to dispute our decision. Ohbubble may authorize the purchase if the Customer provides compelling evidence to contradict our judgment.
Repeated fraudulent transactions, however, by a Customer who has been made aware of the fraudulent transactions, will resort to a permanent ban from accessing our Services, websites, or anything relating to Ohbubble. If we deem the Customer to be potentially harmful to our business or other Ohbubble affiliates, the Customer will be added to a blacklist, which prevents any further attempts to disrupt Ohbubble or affiliate partners.
To strengthen our stance against buyer fraud and potentially harmful Customers, Users who do any of the following will be immediately banned from utilizing our website or Services. The following are;
- Initiating a dispute for a transaction within 24 hours of the original purchase date;
- Demanding a refund after the Service has been provided;
- Repeatedly buying and then canceling the Service within 72 hours of the original purchase date;
- Falsifying information on a Credit, Debit, or PayPal dispute to formulate a favorable outcome for the User;
Credit Card & PayPal Disputes
As a customer, it is your right to exercise the dispute process. We encourage our customers that before filing a dispute, for any reason, to contact our support team at support@ohbubble.com first.
If we believe that the dispute or chargeback is filed with dishonest and ill intentions, Ohbubble will blacklist & ban the account, and no further purchases will be allowed from the banned account. This action will be permanent. We encourage our customers not to exercise behavior that relates or imitates “friendly fraud.”
CUSTOMER SUPPORT
Ohbubble strives to provide healthy communication to all Customers through our email support. Including being able to reply to all customer inquiries within a reasonable amount of time, and in a respectable fashion. As it currently stands, our support team is very knowledgeable in regards to the market it operates in and can provide support in multiple areas concerning the Service provided. However, there are times when our support team cannot answer a support inquiry from a Customer. As a Customer of Ohbubble, you agree not to contact our support team in regards to the following;
- Assistance with utilizing our Service as a crypto mining tool;
- Help with using our Service for the sole purpose of streaming content that is unlicensed to the Customer;
- Help with using our Service to run software that was not intended to be supported by Ohbubble;
- Help with running scripts, proxies, VPN's, or any other type of networking software that was not included with the Service;
- Assistance with setting up programs, or software that requires an Ohbubble staff to access confidential customer information such as login details to other platforms;
- Help with running custom made software or custom live stream setups that are not included with the Service. This includes hosting multiple live streams on the same server, or circumventing software on the Service to do actions that weren't intended;
- Assistance with setting up botting software;
- Help with setting up your live stream utilizing a different Service host than Ohbubble;
We expect all Customers who contact our support team to be civil and professional. Spam is not tolerated, and Customers who do spam our Support team will be immediately blocked.
TERMINATION BY US
As a Customer, you are expected to comply with these Terms. Ohbubble reserves the right to suspend the Service without notice if you breach these Terms or in the event of a payment default. Depending on the severity of the breach, we may inform you and give you 72 hours to apply a solution. If no resolution is applied within those 72 hours, the Service will be terminated, and you will not be refunded.
TERMINATION BY YOU
You can end your subscription at any time by emailing us at support@ohbubble.com or by such other means as may be indicated on our website. Note that merely requesting to cancel your subscription via email, isn't enough. You are required to fill out a cancellation form to have Ohbubble cancel your recurring billing on your behalf. Otherwise, you can always cancel the recurring account via the PayPal dashboard. This will help avoid an unauthorized termination of your Service.
If you request to terminate your subscription, the Service and the corresponding payments will end at the same time you terminate your subscription. We will not offer any refunds for terminated subscriptions. Terminating your subscription will also result in the loss of your User Data, and your access to the Service will be immediately revoked.
AMENDMENT OF THE CONDITIONS
Ohbubble may, from time to time, change these Terms. In this case, Ohbubble will reach out to have you accept the new Terms within a specific amount of time. The instructions to accept or decline the new Terms will be provided in the message relating to the upcoming Term changes.
APPLICABLE LAW; DISPUTES
The Customer and Ohbubble agree to attempt to settle any disputes regarding these Terms or the Services provided before submitting the case to the competent courts.
Before filing a claim against Ohbubble, you agree to try to resolve the dispute informally by contacting us at support@ohbubble.com. Ohbubble will try to resolve the dispute informally. If a dispute is not resolved within 30 days of submission, you or us may bring a formal proceeding.