Terms of Services

This policy represents the OlympHost Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all OlympHost customers agree to when they sign-up for any of the OlympHost website hosting services. OlympHost reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

Customers using any services offered by OlympHost agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with OlympHost. OlympHost retains the sole discretion to make judgment regarding any violation by any OlympHost customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for OlympHost maintaining one or more accounts (each "Account"), you, as the OlympHost customer, agree to the following terms of service.

Definitions

• "We" "Us" or "Provider" or "OlympHost" - olymphost.com
• "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

 Disclaimer of Warranty

The Internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

OlympHost however, offers a 99.9% uptime guarantee. This is valid for only the OlympHost servers and our primary co-location internet connection. OlympHost shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, OlympHost is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside of OlympHost capability to directly correct. OlympHost clients are diverse and their websites and the function of those websites are diverse and OlympHost cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

OLYMPHOST MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither OlympHost nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of OlympHost, even if OlympHost has been advised to the possibility of such damages.

Limitation of Liability

IN NO EVENT SHALL OLYMPHOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OlympHost. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OlympHost. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF OlympHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OlympHost. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO OlympHost FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OLYMPHOST. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification

You agree to indemnify, defend and hold OlympHost and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto OlympHost. servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to OlympHost. equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by OlympHost. gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Choice of Law

This Agreement shall be interpreted under the laws of the EU without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Court of the EU. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

Services Provided By OlympHost

OlympHost will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows OlympHost members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. OlympHost members will use the provided services in a manner consistent with any and all applicable laws. OlympHost provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. OlympHost reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, OlympHost can terminate client's account without notification.

Olymphost.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with olymphost.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of olymphost.com and any employee or contractor of olymphost.com.

OlympHost will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.

Client Content

Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of OlympHost or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to OlympHost or any third party. Customers may not run IRC, bots or clients. Clients may not use OlympHost servers for file storage unrelated to the client's website, storage Space is for active website file pages only. OlympHost’s shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at OlympHost. You will need to opt-in for our reseller hosting service. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. OlympHost will be the sole and final arbiter as to what constitutes a violation of this policy. OlympHost does not normally monitor the contents of clients servers, however if suspicion occurs, OlympHost reserves the right to investigate and terminate the clients subscription to the service.

Unlimited Features

What do you mean by "unlimited disk space and bandwidth/data transfer"?

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website.

If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.

Excessive Resource User Policy

Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. OlympHost offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that OlympHost control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of the allocated resources on the subscribed hosting plan and/or subscribed scalable resource add-on(s) known as "Computing Resources", and/or "Resources", and/or "Resource Usage".  There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. OlympHost will make every reasonable effort to notify customer prior to suspension, however, OlympHost may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. OlympHost will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

No "Spam"

UCE/UBE or "Spam" originating from a server located on our network or associated with a OlympHost server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the OlympHost network but is sent from an e-mail address not associated with that OlympHost account. Client shall not use their OlympHost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. OlympHost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

Excessive Exploits

OlympHost allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or olymphost.com reserves the right to terminate that clients' account and provide them with a prorated refund.

False Information

Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact OlympHost concerning unethical, false or unlawful activities by you, OlympHost reserve the right to suspend or terminate your service with or without notice.

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Backup Files

OlympHost provides the tools needed to create backups of account data. OlympHost also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. OlympHost does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion. OlympHost does not offer backup of virtual private servers and/or Dedicated Servers.

Technical Support Services

Except as described otherwise stated below, OlympHost will provide technical support via ticket, chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing OlympHost’ss Technical Support Services, you grant OlympHost permission to access your account and make any changes necessary to resolve your issue. You agree that OlympHost and its agents and employees are not liable for any damage resulting from the provision of customer support.

Ineligibility for Technical Support Services

OlympHost will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of OlympHost’ss control, or (ii) your failure or refusal to implement changes recommended by OlympHost; or (c) you are abusive toward our staff in any manner. Should you violate any of these provisions, OlympHost at its sole discretion, reserves the right to suspend services and/or put your account in a restrictive state to prevent further abuse of our staff or services.

VPS and Dedicated Servers

OlympHost will provide a default operating system installation on VPS and dedicated server hardware that permits super-user server access to our support staff. You agree and acknowledge that if you alter or remove server access or otherwise implement methods to restrict our access, OlympHost’ss ability to provide technical support you may be severely limited.

OlympHost reserves the right to refuse Technical Support Services to any customer, for any reason, regardless if any of the provisions listed in this agreement have been breached. Such refusal will be determined at OlympHost’s sole discretion.

Starter Site Service

OlympHost offers one (1) complimentary website design per EcoSite package, ("Starter Site") to its customers. This service provides a basic start up site intended to help assist with started using your OlympHost account. All Starter Site requests must be submitted from within your OlympHost Account and all content must comply with our Terms of Service and Acceptable Use Policy.

Starter Site requests are processed on a first-come, first-served basis in the order they are received. OlympHost reserves the right to modify the terms of our Starter Site program at any time, and deny any request, at its sole discretion. The Starter Site service is offered as a courtesy, and as such there are no guarantees for the use of this service. OlympHost is not responsible or liable for any downtime caused during the construction of an active Starter Site request.

Termination by OlympHost

OlympHost may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to OlympHost; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm OlympHost or others, cause OlympHost or others to incur liability, or disrupt OlympHost’ss business operations (as determined by OlympHost in its sole discretion); (iv) you are abusive toward OlympHost’ss staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, OlympHost will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Payment Obligations

Full payment is required in advance before hosting service is established. OlympHost sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that OlympHost may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to OlympHost prior to the renewal date and although OlympHost sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying OlympHost, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.

OlympHost may change its prices from time to time. OlympHost may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account's billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by OlympHost through your account or other methods of communication and notices sent or posted by OlympHost.

Renewals

It is the obligation of the OlympHost’s customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must fill out the OlympHost cancellation form 5 business days prior to their account's renewal date to ensure that the billing department can stop any renewal charges. OlympHost’s clients receive email notifications between 15 and 30 days prior to the renewal date of their account depending on the service subscribed to, informing them that their renewal date is approaching. It is the customer's responsibility to ensure that OlympHost has a valid email address for which notices can be sent to OlympHost’s clients. If OlympHost does not receive a cancellation request prior to the customer's renewal, OlympHost will renew the clients' account 24 hours prior to the renewal date, and will apply charges as appropriate. Services will be automatically renewed on the renewal date and be billed at the then current renewal fee(s) for the plan that the customer is currently subscribed to. In the case of insufficient funds to charge such amount, you agree to allow OlympHost to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property such as, but not limited to, website data, domain registration, etc. The 30-day money back guarantee applies only to the start date of the clients' service with OlympHost, and does not apply to renewals of service.

Late Fees

Clients have the option to pay an invoice at any time by logging into their OlympHost account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to OlympHost.

Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify OlympHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Taxes

Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to OlympHost’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.

Late Payment

All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, OlympHost may suspend or terminate your account and pursue the collection costs incurred by OlympHost, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. OlympHost will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact OlympHost directly after you make a late payment to reactivate the dedicated server.

Domain Payments

Domain renewal notices are provided as a courtesy reminder and OlympHost is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals receive thirty (30) day notification before the renew date, and are automatically renewed one (1) day before the renew date.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. OlympHost may report any such misuse or fraudulent use, as determined in OlympHost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes

You have forty-five (45) days to dispute any charge or payment processed by OlympHost. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

Chargebacks

OlympHost replies to and investigates all chargebacks made against OlympHost for services rendered. Any potential fraudulent chargeback claims will be reported to your banking institution and/or local law enforcement, at OlympHost’s sole discretion.

By accepting these terms, you agree to hold OlympHost harmless against any chargeback claims. Should a chargeback be filed against any invoice generated by OlympHost, we reserve the right to suspend and/or terminate the services, and apply a re-activation fee before reactivation, at our sole discretion.

Payment Card Industry Security Standard Disclaimer

OlympHost complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your website. OlympHost does not monitor client websites for PCI compliance, and we are not able to verify whether any website complies with the PCI Standard.

Currency

All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified.

Coupon Use

Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. OlympHost has the right to refuse any coupon code that it believes to be invalid. OlympHost will honor the lowest advertised price on our website located at https:/olymphost.com/ at the time of order.

Cancellation & Refunds

Should you become dissatisfied with our services within the first 30 days of your account activation, OlympHost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are as detailed on our Domain Registration Pricing page. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves OlympHost hosting service within the 30-day money back guarantee.

In addition refunds are not available for additional services such as, but not limited to domain names, dedicated IP's, SSL certificates, CDN, professional services, etc. Add-on services that are activated and are included in the hosting package will not be refundable if cancelled within 30-days.

Website files are the responsibility of the OlympHost customer and should a OlympHost customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the OlympHost server prior to requesting that OlympHost cancels their account. Once the cancellation request has been submitted to OlympHost a cancellation of the website hosting service may occur any time after the request is received by OlympHost and when a cancellation request is completed the client's hosting account with OlympHost and their website files are permanantly removed from the OlympHost servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.

99.9% Service Level Agreement "SLA"

OlympHost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. OlympHost will try to maintain maximum uptime. OlympHost is not responsible for any downtime caused by the client.

30-Day Money Back Guarantee

OlympHost offers an unconditional 30-day money back guarantee that covers cancellations on shared hosting, reseller hosting and VPS hosting made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry-leading customer satisfaction, the customer will be refunded all hosting charges made to their credit card minus any setup fees, domain name or add-ons (included and/or purchased) are non-refundable. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Domain name registrations & dedicated servers are also non-refundable. Domain Names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are outlined in the Domain Registration Pricing page. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves OlympHost hosting service within the 30 day money back guarantee. Any questions regarding the 30-day money back guarantee should be forwarded to support@olymphost.com.