Terms of service

To use Gubax's services, the customer must read and agree to our Terms of Service.

1. Terms and Definitions

The use of Gubax's services is governed by this agreement (the “Terms”). Throughout the site, the terms “we”, “our”, “contractor” or “Gubax” refer to Gubax, the company responsible for the services offered through www.gubax.com.br, including all information, tools and features made available to the customer or “user”, upon full acceptance of these Terms.

By visiting, purchasing or using any services offered by Gubax, you begin using our “Services” and agree to these Terms of Service, as well as all policies, guidelines and additional conditions mentioned herein. These Terms apply to all users of the site, including, without limitation, browsers, customers, vendors, contractors, employees and content contributors.

Gubax may, at its sole discretion, add, remove or modify these Terms at any time, making the updated version available via a link on its site or client panel. By purchasing or continuing to use the services, the customer declares awareness of and agreement with the current version of the Terms.

2. Purpose

The hosting, reseller and other solutions offered by Gubax may be made available on a promotional basis or subject to periodic fees, according to the conditions and prices disclosed in the specific sections of the site at the time of purchase.

Gubax reserves the right to change, at any time, the fees, policies and conditions applicable to the services offered, with such changes being valid for new purchases or future periods, as disclosed.

Discounts occasionally granted by Gubax may be reviewed or discontinued, and any relevant changes will be communicated with at least 7 (seven) days' notice, when applicable.

Creating duplicate registrations for the purpose of improperly obtaining discounts, commercial advantages or irregularly purchasing services is prohibited. If such practice is detected, Gubax may block the accounts involved, with no right to any refund.

3. Price

For all contracted services, the customer agrees to make payment to Gubax by the due date stated on the issued invoice, according to the plan or service contracted, plus any amounts related to additional services requested.

Gubax may release or activate the service immediately after payment confirmation, according to the payment method chosen by the customer.

Failure to pay the invoice by its due date constitutes default and may result in a late payment penalty of up to 2% (two percent) on the overdue amount, in addition to the other measures set forth in these Terms.

In the event of improper charges demonstrably attributable to Gubax, and provided the amount has been actually paid, the amount overcharged will be refunded in the form of credit, under current legislation, with no cash refund available for services actually rendered.

4. Cancellation and Refund

Services provided by Gubax are contracted on a prepaid basis, for fixed periods freely chosen by the customer at the time of purchase, which may correspond to 30 (thirty) days or multiple consecutive periods.

Each payment grants the customer the right to use the service for the previously contracted period, counted from the activation date. Renewal invoices are issued at least 15 (fifteen) days in advance for the customer's awareness, with no automatic charge or recurring debit.

Service renewal occurs exclusively upon payment of the invoice within the established deadline. Failure to pay the invoice may result in suspension of the service, as set forth in these Terms, and subsequently in the expiration of the contracted period.

Cancellation of the service may be requested at any time, resulting only in the interruption of access to the service at the end of the previously paid period, with no retroactive termination or refund of amounts relating to the current period.

Refunds are only possible when the request is made within 30 (thirty) calendar days from the date of the customer's first purchase of the service, exclusively in cases where the customer is not satisfied with the plan's features, under Gubax's international money-back guarantee policy.

Sole Paragraph: Any refund, when applicable, is limited exclusively to the initial value of the contracted plan, not covering upgrades, additional services, licenses, fees or any complementary amounts.

Once the contracted period has begun, there will be no full or proportional refund of amounts paid, even if the customer stops using the service before the end of the contracted term, regardless of the length of the period.

There will be no refund for (i) domain registration, (ii) VPS servers and (iii) dedicated servers, except if cancellation occurs before the service is activated. After activation, there will be no refund of amounts, given the immediate availability of the infrastructure.

Refunds do not apply to services purchased with a discount, promotion or special commercial conditions offered by Gubax.

Upon any refund of amounts, the customer grants Gubax a full, general and irrevocable discharge of the agreement entered into between the parties.

5. Content Policies

All content stored in hosting accounts or processed through email accounts may be analyzed by automated monitoring systems, for the sole purpose of identifying irregular, abusive or illegal practices.

It is expressly prohibited to store, process or make available content that violates current legislation or these Terms, including, without limitation:

Content or trade that infringes copyright, such as movies, TV series, music, videos, apps or similar materials; using hosting as large-scale personal file storage; storing backups or files that do not directly belong to the hosted site or application; URL shortening sites; auction sites; pornographic content; phishing, bots or malicious content; free email services; mass email sending systems, autoresponders or the sale of email lists; unlicensed software; and any activity that promotes or publicizes illegal practices.

Accounts on shared servers may not be used as a backup or storage device, except for one (1) backup of the cPanel account itself. It is also not permitted to make files available for public download.

6. VPS, Cloud and Dedicated Servers

Servers will be delivered according to the specifications contracted and published on the site or through the support center. Any additional configurations, customizations, installations or modifications are the CLIENT's sole responsibility.

Gubax does not perform automatic backups of VPS, Cloud or Dedicated servers. It is the CLIENT's sole responsibility to maintain its own backup routines in a secure location, as well as to configure and manage any backup mechanisms.

- Resource Usage – Prohibited Conduct:

It is prohibited to use the servers for practices that compromise the stability, security or performance of the infrastructure, including, without limitation: running auction or gaming sites, excessive processing resource consumption above 2 (two) times the total contracted cores for a period exceeding 15 minutes, running public IRC servers, malicious bots, BitTorrent clients or trackers, distributing access passwords, cardsharing services, use as a proxy, SSH tunnel or any form of tunneling or traffic redirection.

Also prohibited are applications with intensive I/O, network or processing usage that negatively affect other customers, cryptocurrency mining, continuous use exceeding 70% of the contracted CPU for periods equal to or greater than 60 minutes, use of unlicensed software and any illegal activity.

It is the CLIENT's responsibility to maintain server security. Accounts considered insecure may have their service suspended until the identified issues are corrected.

- Unlimited traffic plans

On unlimited traffic plans, use of more than 50% of the contracted port speed (link/connection speed) for periods exceeding 12 hours is not permitted. Upon detecting higher consumption, the service will be subject to a speed reduction.

Traffic usage must be moderate and evenly distributed throughout the month. Under no circumstances will the use of network-intensive applications be permitted, including torrent/seedbox, streaming, bots, public FTP servers, proxy, etc.

- Anti-DDoS Protection Provided and Plans

Basic: When a service comes under attack, the NOC (Network Operations Center) team will assess the scale of the attack and analyze possible protective measures. If the attack is large-scale, the server will be null-routed for 15 minutes.

Advanced (add-on): Once the attack is confirmed, mitigation begins immediately. The process consists of:

(a) Diverting malicious traffic flows to mitigation servers.

(b) Discarding attack traffic and allowing legitimate traffic to flow normally.

(c) Delivering legitimate traffic to its final destination during the mitigation process.

PROVIDER offers a commitment for the time it takes to effectively mitigate a DDoS attack once the customer has routed data traffic to PROVIDER's mitigation network. This mitigation time depends on several factors:

(a) The time it takes the customer to properly route data traffic to PROVIDER's network.

(b) The propagation time across the general internet.

(c) The type of DDoS attack the customer is receiving.

Mitigation time SLA

Attack Type Average Mitigation Time
(Normal Conditions)
Guaranteed Maximum Time
(SLA)
UDP / ICMP Flood ≤ 1 minute Up to 5 minutes
SYN / RST / ACK Flood ≤ 1 minute Up to 5 minutes
Abusive TCP Flags ≤ 1 minute Up to 5 minutes
GET / POST Flood ≤ 5 minutes Up to 15 minutes
DNS Attack (Layer 7) ≤ 5 minutes Up to 15 minutes
SNMP Reflection ≤ 5 minutes Up to 15 minutes
NTP Reflection ≤ 5 minutes Up to 15 minutes
DNS Reflection ≤ 5 minutes Up to 15 minutes

Mitigation efficiency SLA

PROVIDER offers a mitigation efficiency of 95%. Mitigation efficiency is measured by the percentage of clean traffic relative to malicious DDoS traffic prevented from reaching customers under DDoS protection. Mitigation Efficiency is measured after the Mitigation Time SLA has elapsed.

7. Backups

The customer acknowledges that it is solely responsible for the security, integrity and maintenance of backups of its files and data, assuming full responsibility for the information stored on Gubax's servers.

Gubax may maintain, exclusively while the service is active and in good standing, internal backup routines for plans hosted on shared servers, which serve a merely operational purpose and do not constitute a guarantee of data preservation, availability, integrity or restorability.

Backup routines occasionally maintained by Gubax do not, under any circumstances, replace the customer's obligation to keep their own up-to-date backups stored in an external location.

During periods of suspension, blocking, default or termination of the service, there is no guarantee of maintenance, preservation or availability of backups, nor any right to request data restoration.

Backup restoration, when available and requested while the service is active, may be subject to a fee, with no guarantee of success for the operation, which depends on technical and operational factors at the time of the request.

Gubax does not perform backups of VPS, Cloud or Dedicated servers, this being the customer's sole responsibility.

Inactivity, Suspension and Data Deletion

In cases of suspension, default or termination of the service, data may be removed from Gubax's servers, with no obligation of additional backup, information preservation or maintenance of any copy by the company.

Gubax is not responsible for data loss, deletion or unavailability occurring during periods of suspension, blocking, default or termination of the service, it being the customer's sole responsibility to maintain up-to-date external backups.

Any attempts to recover data from suspended or terminated accounts, when technically feasible, are not guaranteed and may be subject to a fee, not constituting a contractual obligation or legitimate expectation of recovery.

8. Support and Management

By purchasing the services, the CLIENT declares awareness that Gubax does not provide support for third-party applications, regardless of the language or technology used.

Gubax is exclusively responsible for the installation, initial configuration and monitoring of the contracted infrastructure. Themes, code, scripts, domains, external files, customizations and other adjustments are the CLIENT's responsibility.

Servers that have been modified, reinstalled or improperly configured may no longer be monitored.

Gubax may, at its discretion, offer additional installation or configuration services subject to a specific fee.

9. Features and Resources

Each hosting plan has specific features, such as storage limits, data transfer and other resources, as disclosed at the time of purchase.

Gubax may change the features of its plans at any time, while maintaining the contracted conditions in effect until the end of the paid period. Changes take effect for future purchases.

Reaching storage or inode limits may prevent uploading new files, and it is the customer's responsibility to adjust usage or migrate to a compatible plan.

Excessive resource usage may result in service suspension until the situation is regularized.

Inode Limits

Website Hosting and Reseller: Two hundred and fifty thousand (250,000) inodes for any account on plans 1, 2, 3, 4 of shared Website Hosting, or any Reseller account.

PRO Hosting: PRO I plan, two hundred and fifty thousand (250,000) inodes; PRO II plan, five hundred thousand (500,000) inodes; PRO III plan, seven hundred and fifty thousand (750,000) inodes; and PRO IV plan, one million (1,000,000) inodes.

If the service is suspended, the customer may contact support for more information on how to resolve the issue.

Shared accounts may not be resold. If a hosting plan CUSTOMER needs to resell plans, accounts, resources or other services, they must purchase a reseller plan.

10. Suspension Policy

Accounts that violate these Terms of Service, Gubax's internal policies, Brazilian legislation or applicable rules in the countries where infrastructure providers are located may be suspended or terminated at any time, without prior notice, when necessary to preserve the security, stability or legal compliance of the services.

Suspension may occur, among other reasons, in cases of default, resource abuse, misuse, practices that compromise network security, violation of third-party rights or non-compliance with content policies.

During the suspension period, access to the service and data may be totally or partially blocked, with no guarantee of maintenance, preservation or availability of information, as set forth in these Terms.

Service suspension does not generate any right to a full or proportional refund, nor to any type of indemnity, compensation or price reduction, regardless of the remaining contracted period.

Reinstatement of the service, when applicable, will be conditioned on resolving the identified pending issues, and Gubax may require the customer to adopt corrective measures.

Gubax may permanently terminate the service when irregularities are not resolved within a reasonable period, or when the severity of the infraction so justifies, as well as suspend or terminate services and block access to the customer's account whenever abusive, offensive conduct incompatible with a professional environment is identified, in addition to the other cases provided for in this item, including, but not limited to:

(i) disrespect, harassment, threats or intimidation towards Gubax team members, partners or representatives;
(ii) use of offensive, vulgar, discriminatory or profane language, regardless of the channel used (tickets, emails, chats, social media or any other communication channel);
(iii) repeated behavior, or behavior serious enough, to compromise the integrity, security or proper functioning of the support service.

The measures above may be applied regardless of prior notice, generating no right to a refund, indemnity or compensation, without prejudice to other applicable measures, including legal ones, when applicable.

11. Affiliate Program Conditions

Gubax offers an affiliate program subject to specific rules, intended for third parties to promote its services, with participation conditioned on full acceptance of these Terms.

Practices that will result in loss of earnings

The following cases, without limitation, will be considered invalid and may result in cancellation of the affiliate account and loss of accumulated commissions:

Promotion on sites with adult content; attempting to purchase services using one's own affiliate link; use of iframes, scripts or any artificial means to inflate clicks or conversions; creating duplicate registrations; using third parties' personal data without authorization; illegal or fraudulent practices; misleading advertising; use that harms Gubax's image; and affiliate accounts inactive for more than 12 (twelve) months.

Commission information

Commissions will be due as long as the referred customer keeps the service active and in good standing. Gubax reserves the right to withhold commission amounts for a period between 70 (seventy) and 100 (one hundred) days, for verification, validation and fraud prevention purposes.

Commission withdrawal will be permitted once the minimum amount of R$200.00 (two hundred reais) is reached.

Gubax may conduct a new review after a withdrawal request, and may cancel, adjust or withhold amounts if irregularities, discrepancies or violations of these rules are identified.

To receive amounts via bank transfer, the affiliate must issue an invoice for services rendered in Gubax's name, according to the instructions provided in the affiliate panel.

If the affiliate does not have a CNPJ (Brazilian company tax ID) or is unable to issue an invoice, the amounts will remain as internal credit, which may be used to offset Gubax service invoices.

Individual Affiliates

When the affiliate is an individual, commission payments will be made exclusively through a Self-Employed Payment Receipt (RPA), with the tax withholdings legally required, including INSS, IRRF and other applicable charges.

The affiliate acknowledges that payment via RPA implies a reduction in the net amount received due to taxation, and it is their sole responsibility to comply with the resulting tax obligations.

Gubax is not responsible for penalties, fines or charges resulting from the affiliate's failure to comply with legal or tax obligations.

12. Domain Registration, Renewal and Transfer

Gubax acts as a technical intermediary in requesting domain registration, renewal, transfer and management, through automatic integration between its systems and the systems of the respective registries and/or responsible registrars.

The customer is solely responsible for tracking expiration deadlines, keeping their registration data up to date and ensuring access to the administrative email linked to the domain, acknowledging that failures in these areas may prevent operations from being completed.

The authorization key (Auth/EPP Code), when required by the TLD, must be provided exclusively at the time of the transfer request, and does not need to be sent later through support channels.

The customer acknowledges that domain registration, renewal and transfer services consist of processing the request with the competent registry or registrar, with no guarantee of completion of the procedure, which depends exclusively on rules and validations applied by third parties.

Transfer requests may not be completed for reasons beyond Gubax's control, including, but not limited to: expired domain or one outside the transferable period, administrative locks, registration inconsistencies, disputes, court orders, participation in auctions or marketplace flows of the origin registrar.

There will be no refund of amounts related to registration, renewal or transfer requests when the impossibility of completion results from the domain's conditions at the origin registrar or registry rules, since the charge refers to processing the request, not a guarantee of the domain's activation, renewal or transfer.

Refunds or chargebacks will only be due in cases of duplicate billing or a failure demonstrably attributable to Gubax's systems, and may, at the company's discretion, be granted as account credit as an exceptional commercial measure, without characterizing a future obligation.

The customer declares awareness that domains in a state of auction, dispute, lock or outside the transferable cycle cannot be redeemed or transferred in the current cycle, leaving only the alternatives offered by the origin registrar or marketplace.

Gubax recommends that, before requesting any operation involving domains, the customer check the domain's status and cycle with the origin registrar, acknowledging that failure to do so may render the request unfeasible.

The customer acknowledges that Gubax does not control business decisions, internal rules, deadlines, auction policies or operational flows adopted by third parties, releasing the company from any responsibility for impacts resulting from such practices.

13. Disclaimer of Warranties and Limitation of Liability

The customer acknowledges and agrees that use of Gubax's services is at their sole risk, within the limits permitted by current legislation.

Gubax does not guarantee that the services will fully meet the customer's specific expectations, nor that they will operate uninterrupted, free of errors, technical failures, interruptions, delays or vulnerabilities, especially when resulting from external factors, force majeure, acts of God, third-party failures or the internet infrastructure itself.

Gubax is not responsible for content, data, information or materials stored, transmitted or processed by the customer or third parties through its services, and does not perform prior review, merit analysis or verification of the legality of such content.

To the fullest extent permitted by law, Gubax will not be liable for direct, indirect, incidental, special, consequential losses or damages, or lost profits, including, but not limited to, data loss, business interruption, security failures, service unavailability or damages arising from the use or inability to use the services.

The disclaimer of liability set forth in this item also applies to losses resulting from suspension, blocking, termination of the service, data deletion, backup failures, cyberattacks, hardware, software or infrastructure failures, provided there is no proven willful misconduct or gross negligence by Gubax.

In cases where Gubax's liability is judicially recognized, the maximum amount of compensation will be limited to the amount actually paid by the customer for the specific service in the 30 (thirty) days immediately preceding the event that gave rise to the claim.

The existence of an agreement between the customer and third parties, even if it establishes different obligations or liabilities, does not bind Gubax nor alter the provisions of these Terms.

14. Cooperation with Public Authorities

The customer, user or third party declares awareness that Gubax will cooperate with competent public authorities whenever formally requested, within the scope of judicial, administrative processes, investigations or legal proceedings, under applicable law.

Cooperation may involve providing registration information, technical records, logs or data necessary to comply with court orders or legal determinations, within the limits of current legislation, including the General Data Protection Law (LGPD).

Gubax will only provide stored content, data or information upon a valid court order or express legal obligation, and does not indiscriminately share data.

The customer acknowledges that Gubax has no control over the merits, scope or consequences of determinations issued by public authorities, limiting itself to strict compliance with them, and is not responsible for any impacts resulting from such measures.

15. Changes to the Terms of Service

Gubax reserves the right to review, update or modify these Terms of Service at any time. Changes will take effect from their publication on the site or client panel, applying to new purchases or future periods, without prejudice to agreements already in effect.

Email Sending Rules

In order to maintain a high standard of quality, security and availability in the services offered, Gubax adopts solutions specific and suited to the different needs of its customers.

The email service is considered critical, as it is one of the main means of communication used by businesses in their daily operations.

Any compromise to the availability, reputation or integrity of this service can generate significant impacts, operational disruptions and substantial losses, which is why Gubax reserves the right to review, adjust or reinforce its usage policies at any time, with or without prior notice, whenever necessary to preserve service quality.

On the other hand, Gubax recognizes the importance of email as a legitimate communication and relationship tool between companies and their customers.

Accordingly, Gubax provides distinct resources suited to each purpose, with clear, objective and predefined rules for their proper use, always with the goal of preserving stability, server reputation and the quality of the services provided.

Authenticated SMTP

The authenticated SMTP service is intended for sending routine emails through email clients such as Outlook, Thunderbird, Eudora, among others, which must be properly configured with SMTP authentication.

Given the need for high availability and reliability of this service, technical and operational controls are applied to prevent abusive use of resources, the inclusion of servers on public blacklists, message buildup in delivery queues and possible sending delays.

To maintain a proper delivery flow and avoid overload or queue congestion, Gubax adopts sending control metrics, monitored continuously.

Gubax reserves the right to temporarily or permanently suspend or block the email service whenever sending volumes exceeding 400 (four hundred) emails per hour are identified, as well as when abusive, irregular, unlawful practices or practices not in accordance with these rules are found.

Email Marketing

Gubax has infrastructure sized to ensure email delivery to the main providers on the market, including, but not limited to, Hotmail, Outlook and Yahoo.

Due to the shared nature of the infrastructure and its sizing to serve exclusively the hosted customer base, it is expressly prohibited to use Gubax's services, whether directly or through resellers, to send email marketing campaigns intended for third-party services, systems or sites.

Only sending communications to the hosted site's own subscriber base is permitted, limited to promoting services, information or content related to the site itself.

Any account or site identified as a source of unsolicited emails (spam), or that engages in email marketing practices not in accordance with these rules, will have its service immediately suspended or its agreement terminated, at Gubax's discretion, with no right to refund or compensation.

Gubax reserves the right to change these email sending rules and policies, upon prior notice via the Control Panel, always considering its customers' needs, infrastructure security and the maintenance of the quality of the services offered.