These Terms of Service ("Terms") are a legal agreement between you and OffloadHost, Inc. ("OffloadHost," "we," "us," or "our"). By creating an account, purchasing a service, or otherwise using OffloadHost, you agree to these Terms. If you do not agree, do not use the Services.
1. Acceptance of Terms
By accessing or using the OffloadHost website, dashboard, APIs, or any product or service we provide (collectively, the "Services"), you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
2. Description of Services
OffloadHost provides web hosting, WordPress hosting, domain name registration and management, email services, SSL certificates, and related tools (the "Services"). Specific features, limits, and pricing are described on our website or in your service plan, and may change from time to time as described in Section 15.
3. Eligibility and Account Registration
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract to use the Services. When you register, you agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your account information;
- Keep your password and credentials confidential;
- Be responsible for all activity that occurs under your account; and
- Notify us immediately at [email protected] of any unauthorized use.
We may refuse, suspend, or terminate accounts at our discretion, including for violations of these Terms or applicable law.
4. Acceptable Use
You agree not to use the Services to host, transmit, store, or distribute any content or engage in any activity that:
- Violates any applicable law, regulation, or third-party rights;
- Infringes any intellectual property, privacy, or publicity right;
- Contains malware, viruses, worms, trojans, or any other malicious code;
- Is defamatory, harassing, obscene, sexually exploitative (including any content depicting minors), threatening, or hateful;
- Is used for phishing, fraud, identity theft, or any deceptive practice;
- Sends unsolicited bulk email, spam, or unauthorized commercial communications;
- Scans, probes, or tests the vulnerability of any system or network without authorization;
- Overloads, disrupts, or degrades the performance of the Services or any network;
- Circumvents or attempts to circumvent any access or usage limit of the Services; or
- Uses the Services for cryptocurrency mining, public VPN or Tor exit nodes, or other activities that disproportionately consume resources.
We may investigate suspected violations and take appropriate action, including removing content, suspending or terminating accounts, and cooperating with law enforcement.
5. Customer Content
You retain ownership of all content, data, and materials that you upload, create, or store through the Services ("Customer Content"). You grant OffloadHost a limited, non-exclusive, royalty-free, worldwide license to host, store, back up, transmit, and display Customer Content solely to provide and maintain the Services.
You are solely responsible for the legality, accuracy, and appropriateness of your Customer Content, and for obtaining any rights or consents necessary for us to host it. You represent and warrant that you have the right to grant us the license above.
6. Intellectual Property
The Services, including all software, designs, text, graphics, logos, and trademarks (excluding Customer Content), are owned by OffloadHost or its licensors and are protected by intellectual property laws. These Terms do not grant you any right, title, or interest in the Services other than the limited license to use them as described here.
7. Fees, Billing, and Refunds
Fees. Fees for the Services are described on our website or in your order. All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which are your responsibility unless otherwise required by law.
Billing cycle. Unless stated otherwise, subscriptions renew automatically at the end of each billing period (monthly, annually, or as selected) using the payment method on file. You authorize us (and our payment processor) to charge that method for all fees when due.
Domain registrations. Domain names are generally non-refundable once registered because registry fees are paid immediately to the registry operator. Domain transfers, renewals, and premium domains may carry non-refundable fees.
Refunds. Hosting and email services may be eligible for a pro-rata refund if cancelled within a period described on our pricing page. Setup fees, add-on services, and fees for services consumed are not refundable unless required by law.
Late or failed payments. If a payment fails or is overdue, we may suspend the affected Services until payment is received, and ultimately terminate the account and delete associated data after reasonable notice.
Price changes. We may change our prices with at least thirty (30) days' notice. New prices apply at the start of your next billing period.
8. Term, Suspension, and Termination
These Terms begin when you first use the Services and continue until terminated. You may cancel your account at any time through the dashboard or by contacting [email protected].
We may suspend or terminate your access to the Services at any time, with or without notice, if we reasonably believe you have violated these Terms, are engaged in unlawful conduct, pose a security risk, or have failed to pay fees when due. Upon termination, your right to use the Services ends immediately, and we may delete Customer Content after a reasonable period. You remain liable for any amounts owed prior to termination.
9. Service Availability
We strive to keep the Services available on a 24/7 basis but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, emergency maintenance, and factors outside our reasonable control (including force majeure events, third-party network or infrastructure failures, and attacks) may cause downtime. Any service-level credits or guarantees, if offered, will be described separately in a service level agreement or on our website.
10. Third-Party Services
The Services may integrate with or rely on third-party products, such as payment processors, email-delivery services, content-delivery networks, domain registries, and DNS providers. Your use of those third-party services is subject to their own terms and policies, and OffloadHost is not responsible for the acts, omissions, or availability of any third-party service.
11. Domain Name Registration
When you register or renew a domain name through OffloadHost, you agree to comply with the policies of ICANN, the relevant registry operator, and our registrar partner. This includes accurate WHOIS data, rapid response to verification requests, and adherence to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or equivalent. Failure to comply may result in suspension or cancellation of the domain, for which we are not liable.
12. DMCA and Copyright Complaints
OffloadHost respects intellectual property rights and responds to valid notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). To submit a notice, please email [email protected] with the subject "DMCA Notice" and include:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing and its location on our Services;
- Your contact information (name, address, phone, email);
- A statement that you have a good-faith belief the use is not authorized;
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder; and
- Your physical or electronic signature.
We may remove or disable access to allegedly infringing content and terminate the accounts of repeat infringers.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, OFFLOADHOST DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA LOSS WILL NOT OCCUR.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OFFLOADHOST, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OFFLOADHOST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
15. Indemnification
You agree to indemnify, defend, and hold harmless OffloadHost and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way related to (a) your use of the Services, (b) your Customer Content, (c) your violation of these Terms, or (d) your violation of any applicable law or third-party right.
16. Changes to the Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least thirty (30) days before the changes take effect, except for changes required by law or that are more favorable to you, which may be effective immediately. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.
17. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or related to them or the Services are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
Informal resolution. Before filing any formal action, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.
Venue. If the dispute cannot be resolved informally, you and OffloadHost agree that the exclusive jurisdiction and venue for any proceeding will be the state or federal courts located in New Castle County, Delaware, and both parties consent to personal jurisdiction there.
18. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and OffloadHost regarding the Services and supersede any prior agreements.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any right or provision does not waive that right or provision.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
No agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.
19. Contact
Questions about these Terms can be sent to:
OffloadHost, Inc.
2810 N Church St PMB 890397
Wilmington, Delaware 19802-4447
United States
Email: [email protected]