The following Terms and conditions apply to all services and products provided by Oney Hosting (OneyHosting, We, Us, Our) to you. By purchasing services from us you agree to these terms and conditions.
1. APPLICATION OF TERMS
1.1. These terms apply to all Services provided by Oney Hosting to you during the Term of contract.
1.2. We may change this terms and conditions without any notification to you. But updated or changed terms and conditions always on our website.
2. GENERAL TERMS AND CONDITIONS
2.1. You will conform to the standards and acceptable use policies of Oney Hosting.
2.2. If any licenses or permissions required in your region or country you are responsible to obtain those licenses or permissions to upload the contents of your site or the web activity undertaken by you.
2.3. Personal information of our customers is treated according to our privacy policies and these policies are always available in our site.
2.4. You will receive a password to be used when you log into your User Area and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
2.6. You have no ownership of, or proprietary rights in, any Equipment.
2.7. If necessary, we will provide an IP address to you. You will have no ownership of this IP address. It may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
2.8. The Services are provided to you as configured for our standard customer. In some cases, they may have the manufacturer’s default settings. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them. If your use of the Services damages the Services or Equipment, you will be charged for any repairs we need to make to the Services or Equipment. We may suspend your use of the Services until we determine whether your use of the Services has damaged the Services or Equipment.
2.9. The Services are provided on as is basis. The hardware configurations may vary across data centers and may result in different performance. Oney Hosting may replace your host server hardware, transfer it from one datacenter to another, or modify certain software configurations when deemed necessary by the company.
2.10. The proprietary and third-party software we provide for you to use as part of our service such as Cloudflare CDN, High Performance Magento Modules and other are provided on as is basis and you bear all responsibility for using it.
2.11. Web Traffic
Customers on any shared hosting plan will ensure that neither you nor any of your End Users makes excessive or wasteful use of the Server. The terms “excessive” and “wasteful” are defined by our experience with similarly situated customers. This means that your use of bandwidth may not exceed that of similarly situated customers. If the contents of your Space regularly generate more server traffic than is deemed acceptable by Oney Hosting, Oney Hosting shall send you an email warning to the email address you provided. Our warning will also contain the terms and conditions for the appropriate solution. If you do not take corrective action or comply with an excessive traffic usage warning we have sent by email within the specified time frame, Oney Hosting reserves the right to terminate this Agreement without liability to you.
Unused bandwidth may not be carried over from month-to-month.
2.13. We act in good faith to back up data stored on our shared servers once a day. These backups are intended for internal use only and Oney Hosting cannot guarantee that a backup will be available for restore upon your request. It is your responsibility to back up data of all your content in order to prevent potential data loss.
The certain file extensions are not suitable for backup and exclude them from the backup. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip. It is your responsibility to verify whether particular files will be backed up.
2.14. We provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. We recommend that you implement additional levels of protection.
2.15. Index and Parking Pages
If you terminate the Services, your domain will be pointed to a suspension page. This page may contain advertising. We shall retain all revenue associated with this advertising.
2.16. Parked Domains
Parked Domains number will change according to your selection of plan.
3.1. The date on which we provide notice to you that the account is provisioned is the Effective Date of this contract.
3.2. You must be over the age of 18 at the time you place your Order.
3.3. All Orders will be reviewed if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order request doesn’t meet our requirements it will be rejected and a notice about it will be mailed to you. Orders that fail our Fraud Screen will not be accepted and Service will not be provided.
3.5. You shall provide any information, resources or facilities reasonably requested by Oney Hosting for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with Oney Hosting.
3.6. Any instructions supplied by you to Oney Hosting must be complete, accurate and clearly legible. Oney Hosting reserves the right to charge for any costs and any additional work incurred by Oney Hosting due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.
3.7. As part of Special promotions that provide customers with free hosting services or discounts of more than 90% off, customers are not allowed to order more than one account.
4. OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out exactly when you order our services and will the order form.
4.2. If your order handled by another person or entity, and create an account, you are responsible to manage and administer the account and any losses or un approved usage of your account is in your responsibility and you cannot claim annthing against us.
4.3. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
5.1. You are responsible for the Fees set out on the Order, in the currency specified on the Order.
5.2. Invoices are due immediately upon receipt. Oney Hosting reserves the right to suspend the Services until payment is made. The time during the suspension will alos charged next due of youe bill.
5.3. All fees listed on our website are net of applicable taxes. You are responsible for all taxes and fees levied on the Services.
5.4. Our obligation to provide the Services is contingent on your payment of the Fees by the Due Date. It is your responsibility to ensure that we receive payment of the Fees. Should the Services be suspended, for any reason, Fees will continue to accrue.
5.4.1. We often offer special promotions (Special Promotions). These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms.
5.5. Aws Cloud services bill will be invoiced to you by Amazon AWS not buy Oney Hosting. Because of the non-payed AWS bills and termination of your AWS account is not in our responsibility and if this is the case you may will recharged the installation fees if you reorder one of our plans.
5.6. You wiill be promted for your payments 10 days before he due day of your renewal term.
5.7. We are not responsible for your data or domain name if Services are terminated because your credit cards on file have expired or are no longer valid for any reason.
5.8. If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a “chargeback” based on this dispute, we will charge you an investigation and processing fee. This fee compensates us for the investigation your credit card issuer requires us to conduct in order to demonstrate our right to payment. All of your Services may be suspended during bill disputes. To reactivate your Services, you must pay the Fees due.
5.9. Money Back Guarantee
Our money back guarantee ensures peace of mind that our Services will meet the expectations set out in this agreement. Termination and Refund requests should be requested by email, no later than 30 days from the Effective Date.
5.10. Unless stated otherwise $ refers to USD, € refers to EUR, and £ refers to GBP. All future amounts payable by you shall be charged in the same currency as your initial order.
6. TERMINATION & CANCELLATION
6.1. Termination by Either Party
6.1.1. Either party may terminate contract upon written notice to the other if one party materially breaches any of these terms and the breaching party fails to correct the breach within 15 days following the other party’s written notice, or immediately if the breach is incapable of cure.
6.2. Termination by Oney Hosting
6.2.1. Oney Hosting can terminate contract if you fail to pay any sums of your bill until the due date.
6.3. Termination by you
6.3.1. You may terminate the Services by contacting our customer service staff by email (Termination Request). We will send you an email confirmation to acknowledge your completion of the Termination Request (Termination Confirmation). If you do not complete all steps of the Termination Request, or if you fail to use a Termination Request to Terminate the Services, the Services will not be Terminated, and Fees will still be charged. You must follow this procedure in order to Terminate each Service.
6.3.2. Once you complete a Termination Request, we will process it and issue a refund, if you are entitled to it. Refunds are issued through the same payment method that was originally used to purchase the Services.
6.4. You may request Termination of any Service at any time. Depending on the life stage of your Service, different cancellation fees may apply. Cancellation fees will be calculated during the cancellation process of the particular Service and will not exceed the amount you have prepaid for the Service. In order to avoid renewal charges and late cancellation fees, termination must be requested before a Renewal invoice is due. Termination of an Active hosting account will result in the Termination of any additional Services associated with that account.
6.5. Upon termination of the Service, Oney Hosting shall be entitled immediately to block your Space and to remove all data located on it. Upon termination of Cloud hosting acounts your instances will be terminated and all the data in those instances will be lost.
7. TECHNICAL SUPPORT
Our technical support is provided via email, skype and phone. The supporting details writtenin our plans and if your your plan doesn’t include such support you will be charged for additional fees to take such kind of support.
8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS
8.1. Oney Hosting retains ownership of all intellectual property rights in the Services. Oney Hosting grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by Oney Hosting may belongs to another company and the rights owned to those companies.
8.2. All the configuration files belongs to Oney Hosting and after termination of your services those files will not be provided to you.
9. REPRESENTATIONS AND WARRANTIES
9.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of the Services; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make back-up copies of all information in a location independent of ours, and will not use our Back Up Services as your sole back up; and (vi) you will pass through the terms of this terms and conditions, and any agreements incorporated by reference, to your End Users.
9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
10. LIMITATION OF LIABILITY
10.1. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11.1. We shall indemnify and hold you harmless from, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued U.S. patent or registered copyright. This indemnification provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defense and settlement of that claim. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the 3 month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued U.S. patent or registered copyright.
11.2. You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.
12. CERTAIN INFORMATION
12.1. Both you and Oney Hosting undertake not to disclose to a third party any confidential information which you or Oney Hosting receive relating to the contents or performance of this terms and coditions, unless necessary for a party to perform their obligations under this terms and conditions, the Services or the other’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
12.2. Without prejudice to Paragraph 12.1., Oney Hosting shall be entitled to mention your name as a client of SiteGround and the name(s) of products which Oney Hosting provides to you with your prior consent.
12.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the account owner as set out in our records. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
13.1. Any notice to be given by either party to the other may be sent by either email, support ticket, fax or recorded delivery to the address of the other party as appearing in this terms and conditions or such other address as such party may from time to time have communicated to the other in writing. In addition, we may communicate with you using the Support ticketing system facilitated by our User Area. Notices of support tickets opened on behalf of the company are sent to you by email and shall be deemed received upon confirmation of receipt.
13.2. Termination notices must be provided to us as set out in paragraph 6.
13.3. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
Oney Hosting LLC.
14. RESOLUTION OF DISPUTES AND CHOICE OF LAW
14.1. Any dispute, controversy or claim arising under this terms and conditions shall be resolved in accordance with the procedures set forth in this Section.
14.2. In the event of a dispute between the Parties relating to this terms and conditions, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the “C” level or above. This appointment will take place no later than 5 business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within 30 days after a party’s request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Houston, Texas, pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of web hosting. The arbitrator shall not be entitled to award punitive damages or attorneys’ fees.
14.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the U.S. District Court for the District of Columbia (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Superior Court of the District of Columbia located in Washington, D.C. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this TOS shall be governed by the substantive law of the District of Columbia, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
“End User” is the individual or entity who uses, or to whom you provide, your services;
“Fees” means the charges to be paid by you for the provision of the Services as set out in any Order or (if not set out) those set out on SiteGround’s website;
“ICANN” means the Internet Corporation for Assigned Names and Numbers;
“Materials” means any information, reports, documents, software or other materials created by Oney Hosting as part of the Services, including all methodologies, know-how and processes used to do so;
“Objects” means any names, marks or materials and any other information, documents or software which you supply to Oney Hosting under this terms and conditions;
“Order” means the order form, including electronic and online forms, or letter signed by you requesting Services;
“Server” means the computer server equipment operated by Oney Hosting in connection with the provision of the Services;
“Service” or “Services” means any and all services provided by Oney Hosting under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);
“Oney Hosting” means oneyhosting.com LLC, Pennsylvania, Philedelphia
“Space” means the area on the Server allocated to you by Oney Hosting for use by you as a site on the Internet;
“Standard Price List” means the list(s) of the standard prices for Oney Hosting group company products which are set out on the respective Product Page;
“Term” means the prepaid period during which you receive Services from Oney Hosting;
“You” and “your” mean the person, firm or company who purchases Services from Oney Hosting.