Terms of Service
The use of services from OvalHost.com [hereafter referred to as “OvalHost”] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not associated with the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with OvalHost, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. OvalHost is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team. Providing false contact information of any kind may result in the termination of your account.
Sites hosted on OvalHost.com’s service(s) are regulated only by Icelandic Law. OvalHost.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims or other unclear or complex legal matters. Which is why we rely on the legal system and courts to determine whether or not material is indeed considered illegal. In any case in which an Icelandic court order indicates material is defamatory, libelous, slanderous in nature or other way against the law; we will comply and remove or disable access to the material in question.
If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Any website found to host or otherwise sponsor material that supports terrorism will be suspended immediately with or without notice.
In case of aforementioned violations your hosting service will be terminated with or without notice on a case by case basis. Violations may be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
OvalHost reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
OvalHost reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of OvalHost.
3.1) Online Pharmacy Policy
- a) Definition.
An “Online Pharmacy” means a website that sells or facilitates the sale of drugs (e.g., prescription medicines). “Applicable Laws” means the laws and regulations of
the jurisdiction where the online pharmacy dispenses drugs from and
the jurisdiction where the online pharmacy offers to dispense or ship drugs to.
- b) Abuse policy.
Services registered with OvalHost.com may not be used to facilitate the sale of drugs in violation of Applicable Laws. This expressly includes, but is not limited to, the sale of prescription drugs without a prescription based on a prior in-person examination, except where such is expressly permitted by Applicable Laws, or selling unapproved drugs (e.g., falsified medicines, counterfeit drugs, or drugs unapproved for sale). These Terms and Conditions notify you that OvalHost.com acts on notices from LegitScript about domain names that violate this section of our policy. If you have any questions about the basis for your website’s LegitScript classification, please contact LegitScript at legitscript.com.
- c) Sole Responsibility.
It is your sole responsibility to be familiar with, and ensure that your website complies with, Applicable Laws. You agree that marketing prescription drugs to a jurisdiction despite not being appropriately licensed to dispense prescription drugs there, or selling drugs online in a way that does not comply with Applicable Laws, constitutes fraud and is a violation of this agreement.
- d) Domain name suspension.
We may suspend and PERMANENTLY lock online pharmacy domains that reasonably appear in breach of our ONLINE PHARMACY POLICY without prior notice to you. Suspended online pharmacy domain names will remain locked and CANNOT be transferred away to another Registrar until and unless LegitScript notifies us that the domain name is no longer classified as operating in violation of this section.
- e) Indemnification.
You hereby agree to indemnify and hold us harmless from any and all loss occasioned by you as a result of us suspending your domain name. You also agree to indemnify and hold us harmless from any complaints made against you by third parties and any loss that occurs due to any third party complaints. Further, you hereby agree to indemnify and hold us harmless if LegitScript designates a domain name you have registered as operating in violation of this section.
3.2 ) Network Scanning Policy
Use of any of our server products for any form of scanning activity or survey bot activity is prohibited. Should a client use our hosting solutions for scanning or similar activities of abuse, we will suspend the services immediately with or without notice.
3.3 ) Phishing
Any service found to be purposely used for phishing information or other similar malicious use on our network, will be immediately suspended without notice for breach of terms of services.
3.4 ) Carding
OvalHost does not support trafficking, sharing or selling online stolen credit card, bank account, PayPal or other sensitive financial information under any circumstances. Any service under our hosting environment found being used for hosting fraudulent carding systems will be suspended immediately without notice.
4.) Payment Information
You agree to supply appropriate payment for the services received from OvalHost, in advance of the time period during which such services are provided. You agree that until and unless you notify OvalHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the 10-day grace period, invoices will not be automatically generated. However, after the customer notifies OvalHost of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done via our billing systeml. Once we receive your cancellation and have confirmed all necessary information, we will inform you in writing (typically email) that your account has been canceled. Before cancelling your account, you are required to validate the ownership of that account. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of OvalHost, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify OvalHost of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by OvalHost. OvalHost reserves the right to bill your credit card or billing information on file with us. OvalHost provides a 10-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 10 USD late fee and/or an account suspension until account balance has been paid in full. The 10 USD late fee is applied in addition to whatever else is owed to OvalHost for services rendered. Access to the account will not be restored until payment has been received.
It is the customer’s responsibility to notify our sales team via email at www.ovalhost.com/contact-us after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and OvalHost cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at www.ovalhost.com/contact-us for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact www.ovalhost.com/contact-us.
OvalHost reserves the right to change the product pricing amount and any other charges at anytime.
5.) Backups and Data Loss
Using our backup services is at client’s sole risk. We run backups every second day on shared hosting servers and keep multiple backup copies in our storage server. We reserve a right to charge according to our list prices to retrieve backup upon client’s request. Virtual Servers are not backed-up if no backup service is ordered. VPS backups are taken daily, monthly and weekly. New backup will replace the existing one. We offer external backup storage for dedicated servers. Client needs to setup system to send the backups over to the backup server himself.
Backup services are provided to you as a courtesy. OvalHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on OvalHost servers.
6.) Cancellations and Refunds
OvalHost reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Customers may cancel the service at any time via client area management panel. OvalHost offers an unconditional 30-day money back guarantee on managed shared hosting for customers who paid the first invoice with a credit card or with PayPal. Specific terms and conditions regarding this are explained below in section 8.
Cancellation requests received after 30 days from the date the hosting service was activated will go into effect on the renewal date for that particular hosting package, unless client specifically requests immediate cancellation and termination of the service. This would not however change the refund policy. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Wire Transfers
- Money orders
There are no refunds on administrative fees, install fees for custom software, addon services or domain name purchases.
Only first-time accounts are eligible for a refund under money back guarantee. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
8.) Money back Guarantee
If you are not completely satisfied with our services within the first 30 days from the date your service has been activated, you will be given a full refund of the contract amount. Remember, this only applies for shared hosting and does not apply to VPS’s, dedicated servers, administrative fees, install fees for custom software or domain name purchases.
OvalHost will not activate new orders or activate new packages for customers who have an outstanding balance with OvalHost. For a new order to be setup or a new package to be activated, you must have a balance of 0.00 EUR or more, unless otherwise stated by OvalHost in writing.
9.) 300% Uptime Guarantee
We give full uptime guarantee for our shared hosting services. In case of downtime we will compensate 300% of the downtime as credit. Approval of the credit is at the discretion of OvalHost, dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the shared hosting plan is defined as the reported uptime from the operating system and the Web Server, which may differ from the uptime reported by other individual services.
We provide you full access of your server plan, and for this reason dedicated servers and VPS’s are covered by a network uptime guarantee. The uptime of the dedicated server or VPS plans is defined as the reported uptime of the our network, which may also differ from the uptime reported by other individual services. We rely on our own monitoring tools and records when defining the length of possibly network downtime.
To request a credit, please contact www.ovalhost.com/contact-us with justification. All requests must be made in writing. Service interruptions caused by maintenance, do not constitute as downtime that falls under uptime guarantee.
10.) Reseller: Client Responsibility
OvalHost do not offer directly services designed for resellers. OvalHost does not provide support to any clients that have not ordered the service directly from us. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. OvalHost will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.
11.) Shared Hosting
Shared hosting accounts may not be used for reselling web hosting to other people, if you wish to resell hosting you must use a VPS or dedicated server.
12.) Dedicated Servers and VPS’s
Dedicated servers and VPS’s are delivered with SSH access. We don’t store server login credentials anywhere in our system, thus it is entirely client’s responsibility make sure the credentials are saved in a secure place on their behalf. Servers come with pre-installed OS and control panel that customer can chooses when ordering the service.
If no additional backup service is ordered, dedicated servers or VPS’s are NOT backed-up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Additional hard drives may be ordered within the initial order or later on by contacting us at www.ovalhost.com/contact-us. We guarantee 100% network uptime on dedicated servers and VPS’s.
In case we suspect violation of these terms, we try to consult at first with our client to solve the problem before suspending the server. Continuous violations will lead to service suspension.
We respect our clients’ privacy and never access their servers without up front permission! This could be in example if the client authorizes us to install a third party software for him.
13.) Price Change
We reserve the right to change prices listed on OvalHost.com, and the right to increase the amount of resources given to plans at any time.
14.) DDoS Protection Service
We guarantee that our DDoS protection plans will protect you against any types of service exhaustion attacks under the specified limits (Gbps/Kpps) given for each protection plan. Should we not be able to mitigate the attack or provide alternative solution, we will refund your already paid amount for the DDoS protection plan for that month. As we sell our DDoS mitigation services with really low price, there is a definite upgrade fee charged in case the protection limits are reached, in order to retain access to your service. In example if you pay for “Low Risk Protection” which protects you for attacks under 10Gb/s but you get hit with attack with magnitude of 15Gb/s, your IP will be nullrouted during the attack. You will have an option to upgrade your service to a higher protection with one time upgrade fee of 2900 EUR. This fee is non-refundable and non-negotiable. Therefore, with any reputable website or crucial system, it is advised to use “High Risk Protection” only. 2900 EUR upgrade fee does not apply when upgrading from “High Risk Protection” to a higher plan.
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
Customer agrees that it shall defend, indemnify, save and hold OvalHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against OvalHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OvalHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OvalHost; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from OvalHost’s server.
OvalHost shall not be responsible for any damages your business may suffer. OvalHost makes no warranties of any kind, expressed or implied for services we provide. OvalHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OvalHost and its employees.
18.) Disclosure of information
If access to information is requested, OvalHost.com will not disclose such information, unless the party requesting it submits the necessary security details to verify its identity. OvalHost don’t disclose any subscriber information to law enforcement or other agencies without court order that is valid in our jurisdiction.
19.) Changes to the TOS
OvalHost reserves the right to revise its policies at any time without notice.
20.) Legal venue and applicable law
These Terms are governed by Icelandic law. Disputes arising from these Terms shall be brought before the Reykjavik District Court.