Last update: 11 Oct 2017
When used in this TOS, the following terms have the following meanings:
Account: means OdysseyHost service account created by and belonged to a Subscriber. Each Subscriber may possess more than one service account, and each service account is identified by its associated domain name and account number.
Service: means the provision of domain names, web hosting, email hosting, server rental, web development and/or other internet-related technology services by OdysseyHost. Any new or modified features or updates or enhancements added to the Service are also subject to this TOS and may be deployed at any time by OdysseyHost.
Subscriber: means any legal entity that is agreeing to this TOS on behalf of a company, organization or an individual and is presenting to OdysseyHost that you have the authority to bind that legal entity and its affiliated User(s) to this TOS.
User: means all individuals authorized to use the Service through the subscribed Account as an user and/or administrator as identified through an unique login to the Control Panel.
Control Panel: means the Plesk web hosting platform for Users to login and manage their available hosting-related services including email, website, databases, ftp, sitebuilder and web applications.
Domain Center: means the online domain platform provided by Onlinenic for Users to login and manage their domain name information and DNS settings.
Site: means www.odysseyhost.com and any other subdomain websites under the domain name “odysseyhost.com”.
- We reserve the right to modify or terminate the Service without any reason or notice at any time.
- We reserve the right to refuse the provision of Service to any individual, company or organization without any reason or notice at any time. Service fee paid will be refunded to the Subscriber for any unsuccessful Service application, where handling fee may be charged on a percentage basis of the total refund amount at our sole decision.
- You agree not to use the Service provided by OdysseyHost for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not unlimited to copyrights law.
- Internet broadband connection is required for access to and use of the Service. You are responsible for the network connection you use. OdysseyHost has no responsibility for any Service interruption or instability due to the network problem or restriction of User’s internet access service provider.
- You will receive a password to login to your Domain Center and Control Panel via email upon Service activation, you are responsible to keep all Account passwords confidential and change the password assigned immediately upon your first login. OdysseyHost is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your Account passwords. If you forget your password and request for password retrieval, our system will automatically send you an email containing the requested password in plain text, you will be responsible for the potential security vunerability during the password delivery process that may lead to any unauthorized person gaining access to your password.
- Access to and use of the Service are solely limited to the Subscriber and its affiliated User(s). You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, exploit any portion of the Service, use of Service, access to the Service, or make the Service available to any third party. Any breach or violation of the above term(s) may lead to immediate Account termination without compensation and prior notice.
- You are responsible for all content that is uploaded to your Account. You agree not to use the Service to store, upload, transmit, link or send any content or material that: (a) violates any laws or regulations, or in connection with a criminal offence; (b) infringes on any intellectual property rights including copyright, trademark, service mark, patent, privacy or any other proprietary rights of any third party; (c) is unlawful, offensive, abusive, indecent, defamatory, pornographic, obscene, menacing, slanderous, libelous, hateful, threatening, racist or discriminatory; (d) contains viruses, worms, malwares, Trojan horses, Phishing codes, or any other similar malicious software or code with a destructive nature, which shall cause or is likely to cause damage, detriment or harm to our server system or other internet users; (e) violates or is not in accordance with any OdysseyHost policy posted on our Site including, but not limited to our AUP. OdysseyHost may remove those violated content or materials from your Account and terminate your Account immediately without prior notice.
- OdysseyHost does not warrant that the Service provided will be fault-free, secure, timely or uninterrupted. We will not be liable for any direct, indirect, incidental, consequential damages, including but not limited to any kind of damages or loss of profits, goodwill, data or other intangible losses that Service interruption may cause to the Subscriber and/or its affiliated User(s).
- OdysseyHost reserves the right to temporarily suspend your Account: (a) during planned downtime for server repairs, upgrades or maintainence, which will be scheduled on weekend midnights or any other non-peak hours; (b) during any server unavailability caused by or associated with circumstances beyond our reasonable control or acts undertaken by third parties, including but not limited to denial of service attacks; (c) if we detect any malicious software code with a destructive nature including but not limited to malware or virus spreading from or connected to your Account.
- OdysseyHost will maintain reasonable administrative measures to protect the security, confidentiality and integrity of your data, that includes daily scheduled backup on shared hosting Accounts. These backups are intended for server-level data restore and internal use only, we will not and have no obligation to restore any files, emails or database records for any individual Account. It is your responsibility to backup any data, files, emails, databases and/or other materials you may have stored on the web space we provided to you. You can easily setup scheduled backup task from your Account’s Control Panel to meet your individual Account data recovery purpose.
- OdysseyHost may access or disclose any information about you, including but not limited to the data stored under your Account, in order to comply with the applicable laws and regulations, or respond to a lawful request or legal process.
- On submitting the service subscription form for the Services, you agree and conform to the rules and standards as set out in our AUP.
- Domain name registration or renewal will be accomplished through OdysseyHost immediately upon authorization and payment. You agree that any administration or other charge paid by you in respect of the domain name registration or renewal is non-refundable in any circumstances, and acknowledge that OdysseyHost cannot guarantee that any domain name you requested will be available or approved for use.
- You agree to provide information including but not limited to you name, email and mailing address to an Internet Corporation for Assigned Names and Numbers (ICANN) accredited domain name registrar through OdysseyHost and agree with the registrars making such information available on a public database of owners of domain names.
- OdysseyHost accepts no responsibility in respect of the use of a domain name. Any dispute between you and any other individual, company or organization regarding a domain name must be resolved between the parties concerned and OdysseyHost will take no part in any such dispute.
- You understand and agree that the Uniform Domain Name Dispute Resolution Policy as approved and adopted by the ICANN is hereby incorporated by reference in this agreement and is legally binding on you with respect to all registrations for .com, .net and .org top-level domains.
Order and Payment
- Each order for Service submitted by you must contain accurate and complete information and order instructions. In consideration for the provision of the Service, the Subscriber is required to pay to OdysseyHost the fees set out on the order. No order shall be deemed to be accepted by OdysseyHost until your Account is provisioned. Upon Account activation, an email notice will be sent to your registered email address stating the effective date of the Service contract and the subscription details of your order. Upon expiration of the Service contract, the Service contract shall renew for an additional one year period, unless you choose to renew for a different period not less than the required minimum subscription period as stated in the order, or unless your Account is terminated.
- OdysseyHost will review all orders received and determine if they meet our administrative, financial, security and other reasonable criteria. If an order fails to pass our criteria, you will receive order rejection notice and no further information about the reasons for rejecting the order will be provided.
- OdysseyHost will issue invoice for the fees to the Subscriber by email. Invoices are due and payable immediately upon receipt. OdysseyHost reserves the right to suspend the Service and Account until payment is made.
- Domain name registration and renewal fees must be paid in full before your domain name registration or renewal order will be processed. Domain name registration and renewal fees are not refundable in any case or for any reason.
- You are solely responsible to pay for all applicable taxes and other charges arising from, including but not limited to, bank transfer charges levied on the Service.
- All prepayment fees are not refundable. Money back guarantee is applicable solely to shared hosting Accounts, you shall deliver your Account termination and refund request to us within 30 days from the date of Account activation as stated in the email notice received upon your Account activation, a 5% handling fee will be incurred for refund of payments via credit cards.
Cancellation and Termination
- OdysseyHost reserves the right to modify, suspend, or terminate your Account for any reason and without prior notice.
- You may also cancel and terminate your Account at anytime by email to us, stating your Account number or domain name.
- Overdue invoice may lead to Account suspension. You can still re-instate your suspended Account within 7 days after Account suspension, your Account will be reactivated within 24 hours after the overdue invoice has been settled. We may cancel and terminate your Account at any time after your Account has been suspended for 7 days. Once your Account is cancelled and terminated, all of your files and data in your Account will be immediately deleted and all deleted data and files are not recoverable.
You agree to defend, indemnify and hold OdysseyHost harmless from and against any claim brought by a third party or by yourself in respect of all expenses, losses, costs, actions, proceedings, claims, damages, or liabilities directly or indirectly resulting from your breach or non-observance of the Service contract. OdysseyHost does not guarantee that the data on your Account is absolutely secured or may never be destroyed. You agree to withhold any legal actions against OdysseyHost if the event of data loss occurs. OdysseyHost is not responsbile for any loss of your data and files, and you agree that in no event shall OdysseyHost be liable for any data, information, content, code, design or program loss.
Limitation of Liability
Under no circumstances will either party entering to the Service contract, or any affiliates, officers, directors, employers, suppliers or any third party be liable for any special, consequential, incidental, direct, indirect, punitive or exemplary damages whatsoever in connection with or in connection with any Service provided, including but not limited to damages for direct or indirect loss of profits, cost savings, revenue, sales, business, data, or business interruption or any other pecuniary loss by you or any other third party. You agree that the foregoing limitations of liability apply, regardless of whether we have been advised of the possibility of or could have forseen such damages.
This TOS, together with any service application form(s), constitutes the entire agreement between you and OdysseyHost with respect to the subject matter hereof and supersede any and all prior written or oral representations, communications, understandings and agreements between the parties. We may amend this TOS from time to time, in which case the new TOS will supersede prior versions. If you do not agree with any of this TOS as they may be amended from time to time, you sole remedy is to terminate your Service and cancel your Account. Your continued use of the Service after the effective date of such amendment may be regarded as your consent to any such amendment.
The validity, construction, interpretation and legal effect of the Service contract shall be governed by the law of Hong Kong Special Administrative Region and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong.