1. Introduction
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 doing so.
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 General.
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 customers.
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: http://www.icann.org/en/resources/registrars/registrant-rights-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.
3.4 Resale.
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 Support.
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 country-specific sites.
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 Servers.
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 distribution networks.
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 servers.
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 SLA.
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 thereof.
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 specific commands.
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 account.
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 sysadmin;
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 malicious actions;
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 with 4.11a;
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 Servers.
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.
6. Communication
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. Confidentiality
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 – newsletter.
8. Billing and Termination of Service/Agreement
Pricing policy
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 Servers).
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.
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 Services.
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 purposes .
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 bankdeposit@theopthost.com
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 cancellation@theopthost.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 [info@theopthost.com]. 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 [info@theopthost.com], indicating clearly his details, the domain name and the service for which the payment was made.

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 the Customer.
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 incurred.
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
14.1 Governing Law and Jurisdiction: The terms of use of the website [theopthost] 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 Services.
14.4 Use of OptHost websites implies that the Customer agrees to and unconditionally accepts the terms of use of this website. Clicking the link “I have read and agree to the Terms of Use " or any other link that leads 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 http://theopthost.com/subtos