TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE
SITE OR SIGNING UP FOR ANY SERVICE THAT OPTHOST OFFERS.
Opthost (hereinafter referred to as “the Company”) makes available
the web hosting and related services described in Opthost’s published
service descriptions subject to these Terms of Service (the "TOS").
For the purposes of the TOS, the "Customer” means the individual
requesting one or more services provided by Opthost, and, if applicable,
includes any other legal entity on behalf of which an individual makes
such a request. Additionally, you agree not to make such a request on behalf
of any other legal entity unless you have the authority to bind that legal
entity to the TOS.
2. Acceptance Of Terms
2.1 Capacity. The Customer represents and warrants to Opthost that he
has the capacity to enter into a legal agreement in the province, state,
territory or country in which he resides.
2.2 Please read the TOS carefully. By clicking on the "I agree"
button on the order form for any service provided by Opthost, the Customer
is agreeing to be bound by the TOS and all terms and conditions incorporated
by reference in the TOS. Use of the services further confirms acceptance
of these TOS.
2.3 The Customer represents and warrants to Opthost that his use of any
service that it provides will not violate any applicable law or regulation
in the province, state, territory or country in which he resides. If unable
or unwilling to do so, do not request services from Opthost.
2.4 Services. The services that you request from Opthost by means of the
online order form on the Site or otherwise in writing and which Opthost
agrees to provide subject to these TOS are the "Services".
2.5 Customer Information. The Customer represents and warrants that all
information provided is true, and that he will maintain and promptly update
such information to keep it true and current.
2.6 Communications. Opthost reserves the right to communicate with the
Customer regarding the Services and use of the Site. The Customer consents
to Opthost's use of any contact information provided to Opthost in
2.7 Passwords. If the Customer is given a username and/or a password for
the purpose of accessing certain features of the Services or certain features
of the Site, he shall be responsible for all activities conducted under
that username or password, and shall take all necessary steps to ensure
that no one other than the Customer uses that username or password and
that password is kept confidential. If the Customer has any reason to believe
that any password assigned to the Customer has become known to or been
used by any other person, he shall inform Opthost immediately.
2.8 Changing Passwords. Opthost may, at any time, change any username
or password assigned by Opthost to the Customer, and Opthost will notify
the Customer when it does so.
2.9 Insurance. The Customer shall maintain, at his own cost, insurance
against such risks and in such amounts that could reasonably be expected
by persons acting prudently and engaged in similar activities as the Customer’s.
3. Description Of Services
3.1.1 Description. For each package of web hosting and related services
that Opthost makes available to its customers, Opthost has prepared and
published a specification (each a "Service Description"). The
Service Descriptions are available on http://www.TheOpthost.com (the "Site").
3.1.2 Changes to Services. Opthost may modify its services and the corresponding
Service Descriptions from time to time. When Opthost changes any Service,
Opthost will: (i) post the updated version of the Service Description on
the Site together with the date on which it was revised; and (ii) on the
home page for the Site for at least 30 days following any change to the
Service Description, post a notice that the Service Description have been
updated. Opthost may also send any email notice of the change to its affected
3.2 Hosting Services.
3.2.1 Any Service identified as a "Hosting Service" in its Service
Description is a Hosting Service.
3.2.2 Hosting Environment. Opthost shall: (i) maintain and operate the
hardware used to host the Customer’s website(s) (including monitoring
the servers used on 24/7 basis); and (ii) use commercially reasonable efforts
to maintain reasonable temperature and humidity levels, fire suppression
controls, power conditioning equipment and uninterruptible power supplies
for the proper ongoing operation of Opthost's hosting hardware.
3.2.3 Disk Space. Opthost shall provide disk space for the Customer’s
website(s). Click here to read more about Opthost's definition of "unmetered"
disk space for your hosted website.
3.2.4 Internet. Opthost shall provide an Internet connection linking the
Customer’s hosted website(s) to the Internet. Click here to read
more about Opthost's definition of "unmetered" bandwidth.
3.2.5 Remote Access. The Customer will be given remote access to upload
files for his hosted website(s) provided that he does so in a manner consistent
with the TOS. Click here to read more about the various methods that can
currently be used to do so.
3.2.6 Routing. When Opthost hosts a website on the Customer’s behalf,
Opthost will route one or more domain names to that website. The exact
number of domain names that Opthost will route on the Customer’s
behalf will depend on the Hosting Service to which the Customer subscribes.
Check the applicable Service Description for more information.
3.2.7 Back-up. The Customer acknowledges that unless the Customer subscribes
to a Hosting Service that expressly includes the independent backup of
Content (as defined below) as a service, Opthost's back-up activities
are primarily for Opthost's own disaster recovery purposes, and that
THE CUSTOMER IS RESPONSIBLE FOR THE STORAGE, BACK-UP AND ARCHIVING OF HIS
CONTENT. Also note, Hosting Services include access to one or more tools
via the Control Panel that allow to back-up the Content. Please use these
tools and back-up Content frequently.
3.2.8 Maintenance Window. When reasonably possible, any maintenance of
the hardware used to host the Customer’s website(s) will be conducted
during one of the following "Maintenance Windows": (i) between
12:00 a.m. and 3:00 a.m. (local time in Toronto, Ontario); (ii) between
12:00 a.m. and 3:00 a.m. (local time in London, England); or (iii) between
12:00 a.m. and 3:00 a.m. (local time in Sydney, Australia). When choosing
a Maintenance Window to use, Opthost takes into account where the customers
who may be affected by the maintenance activities are located (based on
the addresses given to Opthost by the customers) and what would be the
early hours of the morning for most of them.
3.2.9 Availability. A Hosting Service is "Available" if the:
(a) the hardware being used to provide it is operating; and (b) the Internet
connection provided as part of the Hosting Service is operational.
3.2.10 Measure. Opthost will use reasonable efforts to ensure that the
Hosting Services will be Available other than for "Scheduled Maintenance"
at least 99.9% of the time, measured monthly. Any maintenance or other
work performed on Opthost's technology infrastructure that takes place
during the Maintenance Window or with at least 48 hours' prior notice
posted to the Site is "Scheduled Maintenance".
3.2.11 Cooperation. The Customer acknowledges that it is important to
coordinate his maintenance activities with those of Opthost, and the Customer
will not conduct any maintenance activities on his Content during any Maintenance
Window without first obtaining written confirmation that Opthost will not
be performing any maintenance activities during that Maintenance Window.
3.2.12 Free Domain Name. If the cost of registering or renewing a single
domain name for one year is included in the annual Fees that you are being
charged for a Hosting Service (see the applicable Service Description to
find out if it is included and the eligible types of domain names) and
the domain name that you wish to register or renew for use with the website
being hosted is both an eligible type of domain name and available, Opthost
will register or renew (as applicable) the domain name for you. If Opthost
does so and you continue to subscribe to such Hosting Services for a period
of at least 12 months, Opthost will not charge you its then current fee
for registering or renewing a domain name (as applicable). HOWEVER, IF
THE HOSTING SERVICES ARE TERMINATED LESS THAN 12 MONTHS AFTER REGISTERING
OR RENEWING THE DOMAIN NAME (THIS INCLUDES DURING THE FIRST 30 DAYS) OR
YOU ATTEMPT TO TRANSFER THE DOMAIN NAME DURING THAT 12 MONTH PERIOD, OPTHOST
WILL CHARGE YOU AND YOU ARE REQUIRED TO PAY OPTHOST'S THEN CURRENT
FEE FOR REGISTERING OR RENEWING A DOMAIN NAME (AS APPLICABLE).
3.3 Domain Names Registration Services.
3.3.1 Assistance with Registering Only. Opthost may assist the Customer
to register one or more top-level or second-level domain names (the "Domain
Name Registration Service"). For each such domain name registered
Opthost's involvement ends with the registration. The Customer will
be the registrant, administrative contact and technical contact, and the
Customer agrees to be bound by all applicable terms and conditions published
by the applicable registrar (http://www.opensrs.com/docs/contracts/exhibita.htm).
Please note: you are also bound by ICANN's rights and responsibilities:
3.3.2 Maintenance of Domain Names. The Customer is responsible for the
ongoing maintenance, control and use of any domain name registered in his
name and for any fees or taxes associated with its maintenance. To maintain
the domain name registration the Customer will need to interact directly
with the applicable registrar. FOR GREATER CLARITY, THE CUSTOMER IS RESPONSIBLE
FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE;
AND (ii) ADDRESSING ANY ISSUES RELATING TO HIS DOMAIN NAME. OPTHOST IS
NOT RESPONSIBLE FOR DOING SO.
3.3.3 Please note that: (i) Opthost is not able to guarantee that a proposed
domain name is available for registration or that a registrar will register
it; (ii) Opthost will not assist with the registration on the Customer’s
behalf of a proposed domain name in any top-level or second-level domain
unless expressly directed by the Customer to do so; and (iii) Opthost may
but is not obligated to inform the Customer of any proposed or new top-level
or second-level domains.
3.3.4 Privacy Registration Service. Some registrars allow domain names
to be registered without publishing the registrant's name and contact
information others do not. If the Customer wishes to take advantage of
any such privacy service for a domain name and is using the Domain Name
Registration Service to register the domain name, the Customer is responsible
for informing Opthost in writing prior to the registration of the domain
name that he wishes to take advantage of the registrar's privacy service.
The Customer acknowledges that the privacy service is provided by the applicable
registrar, not Opthost.
3.3.5 As is. Assistance with registering domain names and securing related
privacy services is provided "as is" and without any warranties,
representations or conditions whatsoever.
3.3.6 Domain Redemption Fee: If the Customer’s domain was registered
with Opthost and has expired, but he wishes to recover the domain, Opthost
may be able to recover the domain if it is still within the redemption
period. To recover a domain name that has expired but which is still within
the redemption period, Opthost must pay a redemption fee, which in turn
will be passed on to the customer. Please note that this domain redemption
fee does not include the registration price of the domain that will still
need to be paid to register the domain for the next year. If the domain
name is not renewed or acquired during the redemption period, it will be
made available again to the general public after the redemption period
completes. Only domains that have been registered with Opthost can be re-registered
after expiration of the domain. If the domain that has expired was registered
at another company, you will need to contact that registrar to recover
the domain from the redemption period.
If the Customer has received written permission from Opthost to resell
all or part of the Services that he is receiving pursuant to this Agreement,
he shall be responsible for providing support to his clients. If Opthost
is contacted directly by any such client, Opthost may suspend all or part
of the Services that it is providing to the Customer. If Opthost does so,
Opthost will give notice of the suspension and the reason for the suspension.
Once the Customer has satisfied Opthost that he has taken reasonable steps
to inform his clients that they are to contact him for support and to ensure
that he is providing that support, Opthost will lift the suspension. There
is no abatement of Fees during any such suspension. Furthermore, any acts
and omissions of the Customer’s clients that would be breaches of
this Agreement had they been the Customer’s acts or omissions are
the Customer’s responsibility and will be treated as if they were
the Customer’s acts and omissions.
3.5 Additional Services.
Any additional services related to the Hosting Services or Domain Name
Registration Services that are requested by the Customer and that Opthost
in its sole discretion provides ("Additional Services") are deemed
to be Services provided pursuant to these TOS, and they will be provided
at Opthost's then current rates.
3.6.1 FAQs. Opthost maintains a list of frequently asked questions and
technical support articles relating to the Hosting Services on its website
located at www.Opthostsupport.com (the "Support Site"), and there
are secondary lists of frequently asked questions on most of Opthost's
3.6.2 Technical Support. Opthost will provide technical support relating
to the Hosting Services via its help desk. The help desk aims to provide
technical support 24/7/365. The help desk can be reached by: (i) telephone;
or (ii) email (iii) chat. The email address and the telephone number that
you should use are set out on the Support Site.
3.6.3 Verifiable. Opthost will use commercially reasonable efforts to
resolve each problem reported to Opthost's help desk and verifiable
as being a problem or deficiency with the Hosting Services.
3.6.4 Assistance. When you report a problem to Opthost's help desk,
you will provide: (i) any assistance reasonably necessary to allow Opthost
to verify and resolve that problem; and (ii) all information that you are
reasonably able to provide with respect to any problem.
3.6.5 Billing. Billing and account support is available via the web-based
tool that Opthost provides to you to manage your account. The tool is available
on the Support Site. Please check Opthost's web site for the hours
that apply to your jurisdiction.
4. Services and Liability of the Company
4.1 The Customer represents and warrants that the material uploaded to
the server is final and does not necessitate further processing by the
Company in order to function. The Company is entitled to access the files,
webpages and data of the Customer. This term does not apply to Dedicated
4.2 The Company shall provide to the Customer, via email, instructions
related to accessing the Control panel and publishing files on the Internet,
installing email accounts as well as to the necessity of reading the user
manual of his virtual server and control panel. This term does not apply
to Dedicated Servers.
4.3 The Customer represents and warrants that he possesses all necessary
knowledge related to the construction and publication of his webpages and
agrees that the Company shall not be responsible to impart said knowledge
or offer training of any nature whatsoever. The Company, exceptionally
and at its absolute discretion, may offer support and instructions on issues
not related to the hosting of the website (additional Technical Support).
This term does not apply to Dedicated Servers.
4.4 Any request for additional Technical Support may be rejected by the
Company without justification. The Company may offer or refuse additional
Technical Support at its own absolute discretion. Any additional Technical
Support offered may be terminated without further notice and without generating
any obligation or liability of the Company.
4.5 The Company does not monitor the User Content that is transmitted
through the network of its servers and does not guarantee the veracity
of any information that is published on the Internet using its services.
Furthermore the Company does not guarantee the commercial or personal reliability
of any person appearing on line or the fulfillment of any obligations/
offers by third parties and shall not be held liable for any damages incurred
by the Customer or any clients thereof, including, but not limited to,
loss of data attributable to delays, failure of delivery of merchandize
and termination of services for any reason, error or omission.
4.6 The responsibility of using information provided on the Internet lies
with the user thereof and the Company shall not be held liable for the
accuracy or the quality of said information.
4.7 The connection speed indicated in the website represents the connection
speed to the backbone and not end-to-end connection speed.
4.8 The Company bears no liability whatsoever for any damages caused by
non-availability of the network or the system, does not guarantee that
the hosting service will be uninterrupted and does not exclude the possibility
of errors due to the particular nature of the Internet and the information
4.9 The Company bears no liability whatsoever, under any circumstance
and for any reason whatsoever, for any damages attributable to the use,
the availability or the non-availability of the services offered.
4.10 The Company upgrades in regular intervals the applications installed
in its servers in order to maintain the highest levels of security possible
and offer the most recent versions of Plesk Control Panel, php, mysql,
ASP.net, perl, zend, ioncube, etc. It is the Customer's exclusive obligation
to update his code pages accordingly (php, mysql queries, asp etc. of the
webpages that the Customer maintains in the space provided by the Company)
in order to ensure compatibility with the Company’s servers. The
Company bears no liability whatsoever for any loss, incidental and consequential
damage caused by said upgrades as well as by the inability or unwillingness
of the Customer to adapt his webpages to the upgraded versions of the various
applications and programming languages installed on the Company’s
4.11 The Company bears no liability whatsoever for any loss, loss, incidental
and consequential damage caused by a failure to provide services and/or
Technical Support and the Customer by accepting the terms hereof undertakes
to not raise any claims whatsoever, other than those provided for in the
4.12 The Company regularly makes backups of files and databases of the
Customers that use the hosting services on its servers but does not make
backups of emails. Email backups are available, with additional charges
following separate agreement. The Company bears no liability whatsoever
if the backup is not updated or unusable. The Customer is obligated to
keep a backup of his files, databases and emails, using specific tools
provided in the cpanel or the Back manager (only for windows hosting).
The backup shall be stored locally on the Customer’s computer for
security reasons and in accordance with term 4.12.
4.13 The Company shall cooperate with all competent law enforcement authorities’
requests regarding the space, the data, the emails and the User Content
of the Customer. This could entail the disclosure of all information given
to the Company, including information located in Company’s servers
and the Customer’s files and databases.
4.14 The Company shall not be liable to the clients/users for any damages
that could arise from the fulfillment of their order or a failure thereof.
Furthermore, the Company reserves all rights related to the delivery times
of products/ service in case of Force Majeure.
4.15 All web hosting accounts automatically display an “Under Construction”
page upon activation. The “Under Construction” page may be
removed by the user at any time, after gaining access to the web hosting
account. The “Under Construction” page may include information
such as (i) links to products or services of the Company, (ii) advertisement
for third party products or services and (iii) a web search form.
4.16 There is no limitation to the number of static or dynamic web pages
that may be transferred to a new Opthost Shared Hosting or Reseller Hosting
package, upon request of the Customer to the tech support team. In order
to initiate the procedure the following conditions must be met:
- the data, at the moment of the request, must be hosted in a third party
host and not by Opthost.
- the transfer request must be submitted no later than 15 days following
full payment of the order.
- access to management panel of the previous server or backup of files
and databases to be transferred.
5. User Liability and Unacceptable Use of Servers
5.1 The Customer accepts and guarantees that he will not use the Company’s
website or the services and servers provided by the Company to:
a. upload, post, email, transmit, or otherwise make available any User
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. upload, post, or otherwise transmit any User User Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements;
d. upload, post, or otherwise transmit any User Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
of any party;
e. upload, post, or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
emulate, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
f. intentional or unintentional violation of applicable laws or provisions
g. harass other parties in any manner;
h. collect or store personal information or data about other users;
i. “bot,” “hack,” “crack,” or otherwise
attempt to circumvent any access control, copyright protection or license-enforcement
mechanisms associated with or related to the Services;
j. interfere with or disrupt the Services or servers or networks connected
to the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services;
5.2 The Company does not endorse or have control over what is posted as
User Content. User User Content is not reviewed by the Company prior to
posting and does not reflect the opinions or policies of the Company. The
Company assumes no responsibility for monitoring the Services for inappropriate
submissions or conduct, but reserves the right to do so. If at any time
the Company chooses, in its sole discretion, to monitor the Services, the
Company nonetheless assumes no responsibility for the User Content, has
no obligation to modify or remove any inappropriate User Content, and has
no responsibility for the conduct of the Services users submitting any
such User Content.
5.3 Notwithstanding term 4.2, the Company shall have the right to reject
or remove any User Content posted at the Server provided, at any time,
without notice, including but not limited to, User Content that violates
intellectual property rights, copyrights, this Agreement or any applicable
law, or if it is pornographic (does not apply to Dedicated Servers), racist,
related to computer crime (hacking, pirated software, warez sites, serial
numbers, etc.) or otherwise objectionable, in the Company’s sole
discretion. In these cases the Company shall be entitled, at any time,
without notice, to automatically deactivate the account and internet access
to the site and shall bear no liability whatsoever for any damages incurred
by the Customer or Third Parties. Subsequently, the Company shall notify
the Customer in order to remove the content. If the Customer fails to comply
promptly, the Company shall be entitle to delete the account permanently.
5.4 The Company has an extremely strict spam email policy and is entitled
to cancel a user account in case of transmission of unsolicited commercial/bulk
email (spam email). An email message shall be considered as spam if transmitted
to multiple users that have not requested it. The Client agrees that he
shall not transmit any of the following types of email:
a) promotional or informational, including without limitation commercial
advertising, except to recipients who have explicitly requested to the
Customer the transmission of such emails;
b) aggravating due to the language, frequency or size of the message;
c) chain mail;
d) bulk promotional or informational emails.
Opthost reserves the right to decide whether an action of the Customer
constitutes "spam", "mail bombing", or " bulk
email". A Customer using the Company’s Services for spamming
shall be charged for system management and recovery expenses. The amount
of said charge shall be exclusively determined by the Company.
In order to prevent the inclusion of the Servers’ IP addresses in
spam lists, Opthost applies a security procedure regarding the number of
emails the users are allowed to send per hour. Exceptionally, upon request
of a Customer, this procedure may be a little more flexible, provided that
the Servers’ administrators determine that it will not cause problems
to the reliable operation of the Email delivery service.
5.5 The available resources of the servers shall be used exclusively by
the accounts of the Company’s Customers. The allocation of resources,
in any manner whatsoever to third party sites of any nature, including
but not limited to, extraction of graphics or texts from other sites of
material found on a Company's server, execution of banner exchange
programs, etc., is strictly forbidden.
5.6 SSH access is granted upon request of the Customer. The Company reserves
the right to refuse access or grant limited access for the execution of
5.7 The dispatch of electronic messages to the server, the dispatch of
unsolicited messages to a network directly or indirectly connected with
the Company as well as the attempt to circumvent user authentication or
host, network or account security, are strictly prohibited. Access to any
information not addressed to Customer is strictly prohibited. Breaching
the security of any network, Spawning, Port scans, ping floods, packet
spoofing, forging router information, denial of service attacks, sniffers,
flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop, publishing
viruses, the execution of chat rooms, Internet Relay Chat, iRC bots ( such
as eggdrop), PhpShell and other similar programs, audio, radio and video
streaming (except for special streaming packages), file uploads to the
server for the purpose of downloading by the public and gallery sites that
make excessive use of resources, are strictly prohibited. All such activities
will be investigated, regardless if said investigation causes loss of data,
and appropriate measures will be taken.
5.8 Background processes, authorized or not, that compromise the security
of our servers will result in the suspension or termination of the Customer’s
5.9 The Customer agrees and guarantees that he will construct his webpages
in a manner that prevents the overloading of Opthost’s Servers, limiting
the use of code and applications that require high processing power. If
the webpage of the Customer causes problems in the provision of hosting
services to other customers on the same Server, Opthost is entitled to
automatically deactivate, without further notice, access to the Customer’s
website. If Opthost takes such action, it will notify the Customer as soon
as possible and Opthost shall cooperate with the Customer in order to remove
the cause of the suspension of service.
5.10 The Customer accepts the following terms:
a. The execution of autonomous processes on the Server is prohibited.
This term does not apply to Dedicated Servers;
b. The execution of daemons and executable files of any nature whatsoever
that require excessive bandwidth, such as IRCD, chat daemons, .exe, .com,
etc., is prohibited;
c. The execution of Web Spiders or Indexers of any nature whatsoever (including
Google Cash/ AdSpy) is prohibited;
d. The execution of any BitTorrent application, track or client, is prohibited.
Hosting or linking to illegally shared files is prohibited;
e. Participation to file-sharing and peer to peer network activity, of
any nature whatsoever, is prohibited;
f. Operation of gaming servers, such as counter-strike, half-life, battlefield1942,
minecraft, etc., is prohibited without prior specific agreement with the
g. The use of Scripts and requests of non-local files is prohibited. The
request of any file or url from a remote server must be submitted to the
Company, if related to shared hosting packages. The Company is entitled
to deny such requests without notifying the Customer;
h. The Customer shall ensure that the software installed in his hosting
packages is updated, taking all necessary measures and using all appropriate
settings in order to guarantee that his site is secure and protected from
5.11. CPU, Memory, Disk IO, Entry Processes
a. The abovementioned resources, utilized by a shared hosting package,
do not fall under an unmetered plan. Specific charges apply, depending
in the Service and the Server that hosts you;
b. The Databases hosted on our Servers must not exceed a size of 300MB
(MySQL), or cause performance problems to the Server due to the abuse of
CPU, Memory or Disk IO available to each account of the Customer, in accordance
5.12 The Customer shall use the Website exclusively as a conventional
website. The use of the Company’s services and equipment shall always
comply with the terms of this agreement and shall never hinder the operation
of the equipment or the network of the Company. The excessive use of system
resources is unacceptable. If the utilization of the Company’s Services
by the Customer causes, at the Company’s sole discretion, overloading
of the Company’s equipment and the resources, the Company shall be
entitled to suspend the operation of the account until the cause of the
overloading is identified and remediated. The Company reserves the right
to eliminate CPU intensive processes. This term does not apply to Dedicated
5.13 The Customer shall monitor the disk space on the Company’s
servers occupied by the users of his account, in order to not exceed the
predetermined limits. If the space occupied exceeds the predetermined limits,
the Company shall charge the Customer for the use of additional resources
and reserves the right to delete files in order to restore space usage
to acceptable limits. This term does not apply to Dedicated Servers.
5.14 The Customer shall ensure that his code and the applications installed
in his account are secure and that the directory and file permissions are
correct, regardless of the installation process. Whenever possible, the
Customer shall set directory and file permissions at 755 or as restrictive
as possible. The Customer shall bear all liability for all operations carried
out in his account.
5.15 The Customer must use a secure password. If the password used by
the Customer is weak, the account may be suspended until a more secure
password is selected. Changing passwords every six months is recommended
for security reasons.
5.16 The resale of shared hosting accounts to third parties is prohibited.
If you wish to resell hosting services you should use a reseller package.
5.17 The Company is entitled to limit the volume of messages sent or received
by the users in order to ensure the quality of the email services for other
members and protect its IT systems. The Company, as owner and/ or manager
of the equipment and other resources used for the provision of services,
is entitled to block electronic communications to and from other entities
on the internet.
The Customer shall always keep all his communication information (address,
telephone number, email) updated and shall notify the Company in case of
changes. Communication and notifications of the Company to the Customer
regarding matters related to his account (server upgrades, account expiration
– renewal etc.) shall be made via email or relevant informational
pages in the Company’s website. The Customer must regularly check
the email address set as main contact email and the Company’s website
in order to receive information related to his account. The contact email
may not be an email address hosted in the Company’s servers.
7.1 All information transmitted by the Customer of the Company is confidential
and the Company has taken all necessary measures in order to use them only
when necessary for the purposes of the provided Services. Those measures
include, but are not limited to, the following:
a. Only authorized employees have access to the transaction information
and only when strictly necessary, e.g. for the processing of applications;
b. The Company does not disclose Customer or transaction information,
unless authorized in writing by the Customer or when required by court
order or decree of a competent authority;
c. The Company takes appropriate measures to ensure confidentiality when
using third parties for the support of its systems.
d. The Customer may request any information related to him as well as
the correction thereof, in case of demonstrable errors.
e. For security reasons, the Customer must treat all information provided
through the Services as confidential and secret and shall not disclose
them to third parties.
f. The Customer’s email address will be used by Opthost for the
delivery of informational email - newsletters regarding the Company and
any new offers or discounts offered. If the Customer does not wish to receive
informational emails of this nature he may be deleted from the list of
contacts using the link provided at the end of each informational email
8. Billing and Termination of Service/Agreement
8.1 The services prices are in EURO and include Vat. The payment of services
and products will be made in advance. OptHost reserves the right to change
the prices without notice. It is explicitly specified that the Customer
shall always pay for a product or service the price indicated in the relevant
price lists at the time of the order.
8.2 OptHost reserves the right to offer packages or offers with more favorable
terms or prices than those in force when a Customer initially purchased
services. These price and terms changes do not affect preexisting prices
agreed between the parties.
8.3 The price paid by the Customer to OptHost for hosting services will
not be changed after the placement of the order. OptHost reserves the right
to change, at an time, the terms and prices of the hosting services advertised
in its website.
8.4 Additional Terms for Dedicated Servers:
a. For servers hosted in the [EUROPE – CANADA -USA] Data Center,
if the euro to [USA $] exchange rate is reduced by more than 20% in relation
to the exchange rate applicable at the moment of the initial Dedicated
Server order, OptHost reserves the right to adjust accordingly the price
of the monthly Server subscription. The change to the price of the monthly
subscription will be applied by giving one (1) month notice to the Customer.
The exchange rate applicable at the date of the order of the Dedicated
Server is indicated in the first invoice of the subscription.
In this case, the increase of the price of the monthly subscription fee
shall not exceed the increase of the euro to [USA $] exchange rate. The
price paid by the Customer to OptHost for hosting services will not be
changed after the placement of the order. OptHost reserves the right to
change, at an time, the terms and prices of the hosting services offered
in its website for purchase by future Customers.
b. If a Customer wishes to terminate the service and the restitution of
the security deposit, the request for service interruption must be made
at least 30 days before the end of the month in which they wish to deactivate
the server. Otherwise, the renewal will take place automatically and the
entire month's security deposit will be used. After the security deposit
period is used, the server is automatically canceled. This term applies
only to servers for which a security deposit has been paid.
c. OptHost reserves the right to reset a dedicated server password, if
the password at our disposal is not updated, in order to make necessary
security checks, as required by the data center. It is the Customer’s
responsibility to ensure that we have a valid email address and a root
access password for the dedicated server in order to avoid downtime caused
by password reset issues. OptHost reserves the right to inspect the servers
in accordance with current requirements and to perform various administration
actions upon request of the data center. Backup services for dedicated
servers are NOT supported by OptHost. It is the Customers' responsibility
to maintain backups.
d. All Dedicated Servers are rented monthly and are installed in data
centers in [EUROPE-USA-CANADA], according to the selected package. The
Customer accesses the Dedicated Server remotely, via internet, using Remote
Desktop (for Windows Dedicated Servers) and via Telnet (for Linux Dedicated
e. In case of late payment of the Dedicated Server subscription renewal,
the server is cancelled the day after the expiration of the subscription.
The data stored in the server is deleted and the server is available for
rent by another customer. In case of payment of the server subscription
renewal after expiration and provided that a reactivation is possible,
a server reactivation fee will be charged.
f.ALL DATA SECURITY RAID IS PAYABLE BACKUP 100 -200-300 GB
It is the responsibility of the user of the Dedicated Server to check
the proper operation conditions of the hard disks of his Server. This can
be done either with the embedded tools of the operating system in case
of Software Raid, or with dedicated tools that the user must install in
the Hardware RAID controllers. After reporting a problem, OptHost may request
from the user to suspend the operation of the server in order to perform
hard drive condition tests.
g. OptHost does not perform monitoring activities to dedicated servers,
either at the hardware or the network level. It is the exclusive responsibility
of the administrator of the Dedicated Server to monitor it and report any
problems to OptHost. This term does not apply to servers with Managed Services.
h. OptHost is responsible for the replacement of faulty Dedicated Service
hardware (hard disk, RAM, CPU, etc.). Problems of this nature are remediated
in accordance with the SLA and always upon request of the administrator
of the Dedicated Server. This term does not apply to servers with Managed
i. OptHost is not responsible for the maintenance and proper operation
of the services of a Dedicated Server, e.g. for the operating system thereof,
the control panel, the web server, the Mail service, MySQL, MSSQL, etc.
This term does not apply to servers with Managed Services
j. OptHost offers Dedicated Server support services as an additional service,
for a fee. Support packages are optional and can be activated whenever
the Customer wishes.
k. You can get detailed information about the content and the cost of
“Managed Services” packages contacting the sales department.
The Customer will be receive information about Managed Services before
the purchase of a Server.
l. All services offered by “Managed Services” packages are
activated or executed upon request of the Customer.
8.5 The Customer, upon OptHost’s request, shall provide additional
information (ID Card, Passport) for verification and transaction security
8.6 If the Customer does not submit the requested information or if the
transaction is not successfully verified by OptHost, OptHost reserves the
right to refuse to provide the service as well as to reimburse the amount
of the charge of that transaction.
Payment with Credit Card or Paypal
8.7 The Customer shall not perform virtual, fraudulent or fake purchases
of services. The Customer is the sole responsible for every charge, fee,
tax and contribution arising from the purchase of services from OptHost.
8.8 The Customer may pay for the orders with a Visa or Mastercard credit
card or through Paypal. The credit card is charged following control and
verification of the details and validity thereof. The Customer is the sole
responsible for the correct registration of credit card information.
8.9 The Customer when placing orders for website hosting services, using
OptHost’s account management interface, may select to charge his
credit card automatically by OptHost monthly (or according to the renewal
cycle of the domain hosting subscription every 1, 3, 6, 9, 12, 24, or 36
months) and to authorize OptHost to collect the corresponding amount in
a predefined date each month or other similar regular interval when the
payment of the service ordered becomes due.
Payment by bank deposit DELETE
8.10 The Customer may pay all orders by bank deposit to the bank accounts
indicated in the service order form. In this case any bank commissions
shall be borne by the Customer and the Customer shall communicate to OptHost
the deposit transaction number and the branch of the bank where the deposit
was made. Communication of this information will be made at firstname.lastname@example.org
Termination of Service/ Agreement
8.11 This Agreement may be terminated by either party without cause. If
the Agreement is terminated by the Customer or by OptHost for breach of
the terms thereof by the Customer, OptHost is not obligated to refund the
amount paid corresponding to the period between the termination date and
the regular expiration date of the Agreement.
8.12 If the Customer declares that he does not wish to continue receiving
the service, OptHost will terminate the operation of the website and will
delete it from its servers without further notice.
8.13 OptHost reserves the right to refuse, terminate or suspend any service
provided to the Customer, at its absolute discretion, with or without notice,
and shall not be liable for any consequences, either positive or negative,
of the termination of a website or any other service. Restoration of files
to a web hosting account is a payable service.
8.14 If the Customer fails to fully pay for one or more services of his
account, OptHost reserves the right to suspend, terminate or delete all
domains or hosting accounts, fully paid or not, without the obligation
to provide backups to the Customer and without notice.
8.15 OptHost reserves the right to delete an account, including any files
and content included therein, for any reason, at any time. The Customer
agrees to maintain backups of all files and databases hosted by OptHost
and agrees that OptHost shall not be liable for any loss of data. It is
the Customer’s responsibility to create backups of his data.
8.16 In case of late payment or if charging the Customer’s credit
card is not possible for any reason whatsoever, our Services are programmed
to be automatically interrupted upon expiration of the subscription.
8.17 OptHost reserves the right to terminate or suspend without notice
any service not paid in full by the Customer or any service for which the
Customer has requested a refund after full payment.
8.18 If the hosting services are not renewed within 10 days after expiration
date thereof, all settings, files, email accounts and databases for said
services will be deleted by OptHost’s servers without further notice.
9. Money Back Guarantee 30 days
9.1 OptHost virtual server hosting packages are covered by a 30 day money
back guarantee. If the Customer is not satisfied with the lever of web
hosting services of OptHost, he can request the termination of this Agreement
no later than 30days after the activation date of the account, or it will
be implied that he tacitly agrees to the provision of the service and waives
any right to claim refund for any amount paid. In case of cancellation
within 30 days the entire amount of the subscription will be refunded.
If the subscription included any additional charges (purchase of domain
name, purchase of SSL, purchase of dedicated IP, third party or bank or
credit card commissions, installation charges, additional services, etc.),
said charges will be withheld from the amount of the refund. No amount
will be refunded after the 30 th day of subscription. The above mentioned
guarantee covers exclusively the Shared Hosting & DNS Hosting renting
packages and does not apply to all the services offered by OptHost, such
as Dedicated Server, Resellers Hosting, etc. Dedicated Servers and associated
addons are not covered by a money back guarantee.
9.2 Only new accounts are entitled to a money back guarantee. If Customer
activates an account with OptHost, cancels the order and creates a new
one, is not entitled to a refund for the last account.
9.3 l An account cancellation request is considered valid only if submitted
VIA EMAIL to email@example.com
10. Renewal of Services
In case of payment of the subscription via bank deposit, any bank commissions
shall be borne by the Customer and the Customer shall communicate to OptHost
the deposit transaction number and the branch of the bank where the deposit
was made at least 2 business days before the expiration of the subscription.
The communication will be made online at [firstname.lastname@example.org]. If the
Customer is not able to send the proof of deposit via internet or if OptHost
requests it, he shall send it via email at [email@example.com], indicating
clearly his details, the domain name and the service for which the payment
11. Expiration notice
11.1 The Customer will receive in the administrator email automated notification
for the impending expiration of the services, 30, 15 days before the expiration
date thereof. If the automatic renewal by credit card option is selected,
the Customer will receive in the administrator email automated notifications
regarding an attempt to charge the credit card 35 and 34 days before the
expiration date of the services. If charging the credit card fails, the
Customer will receive in the administrator email a notice 28 days before
expiration in order to proceed to the manual renewal of services.
11.2 At the expiration date of the domains, the Customer will automatically
receive in the administrator email automated notification of the quarantining
of the domain and 5 days later he will receive a second notification in
order to proceed to the renewal of the services.
12. Additional fees
12.1 OptHost is not responsible and assumes no liability whatsoever for
any taxes or fees payable in any country under any tax legislation and
jurisdiction, related to the transactions made by the Customer through
the server provided by OptHost. The Customer agrees that he assumes all
liability for any taxes, fees or charges related to the use of the server
and the products and services offered and the transactions performed by
13. Limitation of Liability – Warranty – Indemnity
13.1 OptHost makes great effort to ensure that the website [theopthost
includes accurate and updated information. However, OptHost does not guarantee
the accuracy and completeness of the published content and thus assumes
no liability whatsoever.
13.2 The Customer agrees to indemnify and hold harmless OptHost, its members,
managers, agents, officers, employees, directors, shareholders and representatives,
for and from any and all losses, liabilities, claims, damages or expenses
(including without limitation, attorneys' fees and other costs of investigating,
prosecuting, or defending any litigation claim) caused, directly or indirectly,
by the Customer’s activities and services or any other act of the
Customer or by the content and information transmitted through OptHost’s
servers or by the malfunction of OptHost’s servers.
13.3 Furthermore, the Customer explicitly represents and warrants that
he will defend OptHost against any claim arising from the Customer’s
breach of any agreement or violation of third party rights and that he
will fully indemnify OptHost for any indemnification paid and for any expenses
13.4 According to Regulation (EU) No 524/2013 of the European Parliament
and of the Council of 21 May 2013 on online dispute resolution for consumer
disputes, Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive
on consumer ADR), consumers and traders may access the Online Dispute Resolution
(ODR) platform for the online resolution of disputes arising from domestic
or cross border transactions. The ODR platform offers consumers and traders
a single point of entry for the out-of-court resolution of online disputes,
through ADR entities which are linked to the platform and are responsible
for processing complaints. The Greek ADR entities are (as set by Joint
Ministerial Decision No. 70330/2015 implementing said Directive): a) The
Independent Authority of Consumer Ombudsman and b) the Hellenic Ombudsman
for Banking – Investment Services.
14. Other Terms
are governed by the laws of the Hellenic Republic, the European Union and
International Conventions and shall be interpreted in good faith in accordance
with good commercial practices. All actions and proceedings relating directly
or indirectly to this Agreement shall be litigated in the competent Courts
of Athens, Greece.
14.2 Severability: Any part, provision, representation or warranty of
this Agreement which is prohibited or which is held to be void or unenforceable
shall be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof. If any part, provision,
representation or warranty of this Agreement is invalid, the parties shall
negotiate, in good faith, to develop a structure the effect of which is
nearly as possible the same as the effect of this Agreement without regard
to such invalidity.
14.3 Customer must be at least 18 years of age to subscribe to OptHost’s
14.4 Use of OptHost websites implies that the Customer agrees to and unconditionally
to a service order form or using OptHost’s websites, implies that
the Customer has read the terms of service and accepts them unconditionally.
14.5 OptHost provides to the Customer third party software, according
to the hosting package ordered. The terms of service of third party software
may differ from OptHost’s terms of service. OptHost’s customers
are bound by all third-party software license terms and must accept them.
The provision and sale of third-party software does not constitute part
of OptHost’s software. OptHost does not offer support or any guarantee
whatsoever regarding the use or the functionality of third-party software.
14.6 This Agreement constitutes the entire agreement of the parties relating
to the subject matter addressed in this Agreement. This Agreement supersedes
all prior communications, contracts, or agreements between the parties
with respect to the subject matter addressed in this Agreement, whether
oral or written, including any representations made by any OptHost representative.
14.7 OptHost reserves the right to change these terms of service at any
time, without notice. The most recent version of the TOS can be found here