Terms of Service

TheOnionHost Terms of Service (TOS)

Effective Date: 01-01-2025
Last Updated: 01-01-2025

1. Introduction

These Terms of Service (“TOS”) govern your use of all services provided by TheOnionHost, including but not limited to Shared Hosting, VPS Hosting, Dedicated Hosting, and Domain Registration (collectively referred to as “Services”).
You agree to comply with and be legally bound by these TOS by accessing or using our Services.
If you have any questions, please get in touch with us at [email protected].

2. Acceptance of Terms

By using TheOnionHost Services, you confirm that you have read, understood, and agreed to these TOS in full.
Any violation of these terms may result in the suspension or termination of your account without refund and the forfeiture of any rights under our refund policies.

3. Acceptable Use Policy (AUP)

3.1 General Information

TheOnionHost provides Internet-related services, including but not limited to web hosting, VPS, and dedicated servers.
While we respect the Internet’s open and global nature, we reserve the right to take preventive, corrective, or enforcement actions to protect our network, customers, and reputation.

This Acceptable Use Policy (AUP) supplements your service agreement and outlines acceptable and prohibited uses of our Services.
The AUP may be revised without prior notice, and your continued use of our Services constitutes acceptance of the updated terms.

3.2 Scope

This AUP applies to all customers, users, and visitors of TheOnionHost Services. It is incorporated by reference into all service agreements.

3.3 Prohibited Activities

The following activities are strictly prohibited:

Spam: Sending unsolicited emails, bulk messages, or spam campaigns.
DDoS / Network Attacks: Engaging in DDoS attacks, SYN floods, IP spoofing, or network abuse.
Hacking / Exploits: Unauthorized access to systems, networks, or data, including using botnets, RATs, or ransomware.
Fraud / Phishing: Conducting fraudulent schemes, scams, phishing, carding, or identity theft.
Adult Content and Pornography: Hosting, storing, or distributing any form of adult content, sexually explicit material, or pornography is strictly prohibited, regardless of jurisdiction. This includes content that may be legal elsewhere but conflicts with our operational policies.
Movie/Video Hosting on Shared Hosting: Hosting, storing, or distributing video files (e.g., .mp4, .mkv, .avi) or any form of movie/media content is strictly prohibited on Shared Hosting plans. Customers requiring video hosting must upgrade to VPS or Dedicated Servers with proper bandwidth allocation.
Illegal Drugs / Medicine: Hosting or distributing any form of illegal drugs or medicines.
Malware: Hosting, distributing, or promoting viruses, worms, Trojans, or other malicious software.
Tor Exit Relays: Operating Tor exit nodes or similar anonymizing services.
Blacklist Activities: Any action leading to IP blacklisting by RBLs (e.g., SpamHaus, SpamCop).

3.4 Resource Usage Limits

Shared Hosting: Excessive usage of server resources (CPU, RAM, bandwidth) affecting other users is prohibited and may require an upgrade.
VPS Hosting: Prolonged resource usage exceeding 90% of allocated resources may result in suspension.
Dedicated Servers: While offering complete resource control, any activity jeopardizing TheOnionHost’s network or infrastructure is prohibited.

3.5 Violations and Remedies

TheOnionHost reserves the right to:

Issue warnings.
Suspend or terminate services or accounts.
Apply penalties or charges as defined in the service agreement.
Cooperate with relevant local or international authorities in case of illegal activity.

No refunds will be issued for services terminated due to AUP violations.

4. Data Responsibility

Customers are solely responsible for maintaining backups of their data.
TheOnionHost is not liable for any data loss, corruption, or breaches, regardless of cause.

5. Managed vs. Unmanaged Services

TheOnionHost offers both Managed and Unmanaged services:

Managed Services: TheOnionHost handles server maintenance, updates, and security.
Unmanaged Services: The customer assumes full responsibility for the setup, management, and security of their server.

By purchasing services, you agree to the responsibilities associated with your selected service type.

6. Billing, Payments, and Refunds

All payments made to TheOnionHost are governed by our Refund and Cancellation Policy, which forms part of these TOS.

Advance, prepaid, or discounted payments are non-refundable unless explicitly stated.
Dedicated servers, domains, and other non-refundable services are strictly non-refundable, even in cases of early termination, suspension, or policy violations.
Payments made via cryptocurrency are strictly non-refundable to external wallets under all circumstances.

7. Jurisdiction, Governing Law, and DMCA Disclaimer

TheOnionHost operates from various jurisdictions within the European Union and associated regions, including but not limited to Bulgaria, Ukraine, and Moldova.

Our services are governed by the applicable local laws of the jurisdiction where the server or service is physically located at the time of dispute or issue.

DMCA Disclaimer:
TheOnionHost operates under non-U.S. jurisdictions, and thus, U.S. laws such as the DMCA do not directly apply to our services.
However, we handle abuse complaints from local or international legal bodies on a case-by-case basis, respecting local laws first.
Governing Law and Venue:
Any disputes, claims, or legal matters shall be governed by the laws of the applicable local jurisdiction where the specific server or service is hosted, unless otherwise agreed in writing.
Clients agree that any legal actions will be handled exclusively by the courts of the said jurisdiction.

8. Reservation of Rights

TheOnionHost reserves the right to:

Monitor and investigate usage of our services to enforce compliance.
Suspend or terminate any service or account without prior notice upon violations.
Modify or update these TOS, AUP, and associated policies at any time without prior notice.

9. Contact Information

For questions or concerns regarding these TOS or any other policy, please get in touch with us at:

Email: support[@]theonionhost.com