TheOnionHost Terms of Service (TOS)

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

THEONIONHOST – GENERAL TERMS OF SERVICE

These General Terms of Service, together with any additional terms and policies referenced or incorporated herein (collectively, the “Terms of Service”, “TOS”, “Terms”, or “Agreement”), form the entire legal agreement between you (“you”, “Client”) and TheOnionHost (referred to as “TheOnionHost”, “we”, “us”, “our”) in relation to your use of:

• Our website https://theonionhost.com and any related subdomains or additional top-level domains; and
• Any products, services, and information provided by TheOnionHost, including but not limited to Shared Hosting, VPS Hosting, Dedicated Hosting, and Domain Registration (collectively, the “Services”).

By accessing, ordering, or using any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

If you have any questions about these Terms, don’t hesitate to contact us at support[@]theonionhost.com.

1. Definitions

For these Terms:

• “TheOnionHost”, “we”, “us”, “our” – refers to TheOnionHost, the owner and operator of the website and Services.
• “Website” – refers to https://theonionhost.com, its subdomains, and any additional domains operated by TheOnionHost.
• “Visitor” – any person or automated system (bot, crawler, etc.) that browses the Website without being a registered Client.
• “Client” – any person or entity that has created an account on our Website and successfully purchased or is using any of our Services.
• “User” – a collective term referring to either a Visitor or a Client.
• “Services” – any hosting, infrastructure, domain, or related functionality, including but not limited to Shared Hosting, VPS Hosting, Dedicated Hosting, and domain registration services provided by TheOnionHost.
• “Content” – any data, text, images, audio, video, software, files, scripts, or other information stored, processed, transmitted, or made available through the Services.
• “Managed Services” – Services where TheOnionHost provides server maintenance, updates, and certain security configurations as described in the relevant service description.
• “Unmanaged Services” – Services where the Client is fully responsible for server setup, configuration, maintenance, and security.
• “AUP” / Acceptable Use Policy – the set of rules and restrictions governing permitted and prohibited uses of the Services, as set out in Section 3 and related clauses.
• “Order” – an online service order, purchase, or subscription placed by you via the Website or any authorized channel.
• “Billing Term” – the payment period applicable to a Service (e.g., monthly, quarterly, annual).

2. Account Eligibility

2.1 Age Requirement
All Services are intended for users who are at least eighteen (18) years old. By purchasing or using any Service, you represent and warrant that:

• You are at least 18 years of age, and
• you have full legal capacity to enter into this Agreement.

2.2 Authority to Bind an Entity
Suppose you use the Services on behalf of another person or a legal entity (e.g., a company or organization). In that case, you represent and warrant that you are authorized to bind that entity to these Terms. If we determine that you do not have such authority, you will be personally liable for all obligations under this Agreement.

2.3 Accurate Information
You agree to provide accurate, current, and complete information when creating an account, placing an Order, and during your use of the Services, including valid contact and billing details. You must keep this information up to date.

3. Acceptance of Terms

3.1 Binding Agreement
By accessing the Website, creating an account, placing an Order, or using any of our Services, you:

• confirm that you have read, understood, and agreed to these Terms in full; and
• agree to comply with all applicable laws and regulations regarding your use of the Services.

3.2 Consequences of Violation
Any violation of these Terms, the AUP, or any other referenced policy may result in:

• warnings;
• temporary suspension of Services;
• permanent termination of your account;
• removal of data; and/or
• refusal of refunds, in accordance with our refund and cancellation rules.

4. Acceptable Use Policy (AUP)

4.1 General

TheOnionHost provides Internet-related Services, including Shared Hosting, VPS, and Dedicated Servers. While we respect the open nature of the Internet, we must protect:

• our network and infrastructure,
• our reputation, and
• The integrity and security of our Clients and third parties.

This Acceptable Use Policy is an integral part of this Agreement. Your continued use of any Service constitutes your ongoing acceptance of this AUP, including future amendments.

4.2 Scope

This AUP applies to:

• all Clients,
• all end users of Clients, and
• all Visitors, or any person or system using or interacting with the Services.

You are responsible for ensuring that your end users comply with this AUP. Any violation by your end users will be treated as a violation by you.

4.3 Prohibited Content and Activities

You shall not use TheOnionHost Services for any of the following activities or Content (including hosting, linking to, redirecting to, or facilitating such Content):

1. Spam / Unsolicited Communications
   • Sending unsolicited emails, SMS, or messages (bulk or individual) to recipients who have not explicitly opted in.
   • Running mailing lists without proper opt-in and opt-out mechanisms.
   • Using our IP addresses or servers in ways that cause blacklistings (RBLs, SpamHaus, SpamCop, etc.).
2. DDoS / Network Attacks
   • Launching or participating in distributed denial-of-service (DDoS) attacks, SYN floods, IP spoofing, port scans, or network probing.
   • Activities that significantly degrade, overload, or disrupt the regular operation of our network or other networks.
3. Hacking / Exploits
   • Unauthorized access, scanning, or probing of systems or networks.
   • Running or distributing exploits, malware toolkits, botnets, remote access trojans (RATs), ransomware, keyloggers, or similar.
4. Fraud / Phishing
   • Hosting phishing pages, fake login portals, or deceptive websites.
   • Engaging in carding, identity theft, fraud schemes, fake shops, money laundering, or other financial crimes.
5. Betting / Gambling
   • Hosting, promoting, or facilitating online betting, casinos, gambling, or similar services, even if legal in some jurisdictions.
6. Adult Content and Pornography
   • Hosting, storing, or distributing any form of adult content, sexually explicit material, or pornography, regardless of jurisdiction.
   • This includes, but is not limited to: nude content, explicit images/videos, erotic material, adult dating, cam sites, escort services, or similar.
   • Content involving exploitation or harm to minors (real or simulated) is strictly prohibited and will be reported to relevant authorities where required.
7. Movie / Video Hosting on Shared Hosting
   • On Shared Hosting plans, you may not host, store, or distribute large video files such as movies, TV series, or streaming libraries (e.g., .mp4, .mkv, .avi, etc.).
   • Movie/video hosting and streaming are only allowed on VPS or Dedicated Servers, subject to the law and this AUP, and only if you have the necessary legal rights and bandwidth allocations.
8. Illegal Drugs / Medicines
   • Hosting content that promotes, sells, or distributes illegal drugs or unlicensed medicines.
   • Selling or advertising controlled substances without valid authorization under applicable law.
9. Malware / Malicious Code
   • Hosting or distributing viruses, worms, Trojans, rootkits, coin miners (without explicit user consent), or any other malware.
   • Running malicious scripts or tools intended to compromise or disrupt other systems.
10. Tor Exit Relays and Similar Services
    • Operating Tor exit nodes, public proxies, open VPN hubs for unknown third parties, or any anonymizing service that can be abused for malicious or illegal activity without proper controls.
    • Limited use of VPNs or proxies for private or corporate use may be allowed, subject to our approval and compliance.
11. Blacklist-Triggering Activities
    • Any behavior that leads to our IP space being blacklisted on RBLs or similar systems.
    • If your use causes repeated blacklistings, we may suspend or terminate your Service.
12. Infringement of Intellectual Property
    • Hosting, distributing, or linking to copyrighted material without proper authorization.
    • Use of trademarks, logos, or proprietary materials without appropriate rights.
13. Other Illegal or Harmful Activities
    • Activities that are criminal, unlawful, or that violate applicable local or international laws.
    • Activities that cause damage, loss, or harm to third parties, including harassment, defamation, threats, or incitement to violence.

4.4 Resource Usage Limits

To ensure overall stability and fairness:

• Shared Hosting:
  • Excessive CPU, RAM, I/O, or bandwidth usage that negatively impacts other users is not permitted.
  • We may temporarily limit, throttle, or suspend your Shared Hosting account or request that you upgrade to a higher plan (e.g., VPS or Dedicated) if your usage is consistently high or abusive.
• VPS Hosting:
  • Consistent or prolonged use of 90% or more of the allocated CPU or disk I/O may be considered abusive or misconfigured.
  • We may require optimization, impose limits, or temporarily suspend services to protect infrastructure.
• Dedicated Servers:
  • You have broad control over the hardware resources, but you may not jeopardize TheOnionHost’s network or other clients.
  • Activities that cause network instability, trigger abuse complaints, or pose legal risks may result in intervention or suspension.

4.5 Enforcement and Remedies

In the event of suspected or actual AUP violations, TheOnionHost may, at its sole discretion:

• investigate and request clarification or evidence from the Client;
• issue warnings or impose additional conditions;
• temporarily suspend or permanently terminate affected Services or your entire account;
• remove or disable access to specific Content;
• charge administrative fees or recovery costs where appropriate;
• cooperate with law enforcement, regulatory bodies, or affected third parties;
• Provide relevant contact and usage data to authorities, where required by law.

No refunds will be issued for Services suspended or terminated due to AUP violations.

You are solely responsible for any consequences (including civil or criminal liability) arising from your or your end users’ breach of this AUP.

5. Data Responsibility and Backups

5.1 Client Responsibility for Data
You are solely responsible for:

• maintaining up-to-date backups of your websites, databases, email, and all other data;
• securing your systems, applications, and configurations (especially on Unmanaged Services);
• verifying the integrity and availability of your backups.

5.2 No Liability for Data Loss
While we may provide backup tools or perform periodic backups for internal purposes, TheOnionHost:

• does not guarantee that backups will be created, available, or restorable at any time; and
• shall not be liable for any data loss, corruption, or breach, regardless of the cause (hardware failure, software bugs, human error, attacks, etc.).

You are strongly advised to maintain off-site backups and not rely solely on our infrastructure for critical data.

6. Managed vs. Unmanaged Services

6.1 Managed Services
For Managed offerings (as described on the Website or in your Order):

• TheOnionHost may handle OS-level updates, basic security hardening, and specific troubleshooting tasks.
• The exact scope of management is defined in the relevant Service description and may vary by plan.

6.2 Unmanaged Services
For Unmanaged or “self-managed” Services:

• You are fully responsible for server setup, configuration, patching, security, and software installation.
• We are not obligated to log in to your server or fix application-level or configuration issues, except as part of separately purchased support.

6.3 Client Responsibilities
By purchasing any Service, you acknowledge and agree to the responsibilities attached to the chosen management level. Misconfiguration or security negligence on Unmanaged Services remains solely your responsibility.

7. Orders, Provisioning, and Service Activation

7.1 Placing an Order
The list of available Services, features, and prices is presented on our Website. By placing an Order, you request TheOnionHost to provide the specified Service under these Terms.

7.2 Order Acceptance
TheOnionHost may accept or reject any Order at its sole discretion, including for reasons related to:

• risk, fraud, or abuse concerns;
• technical infeasibility;
• legal or regulatory restrictions;
• our internal policies.

7.3 Service Activation

• Automatic Provisioning:
  For some products (e.g., Shared Hosting, specific VPS plans), your Service may be automatically activated once payment is successfully received and confirmed, and access details are issued.
• Manual / Human-Assisted Provisioning:
  For other Services (e.g., Dedicated Servers, custom configurations, high-risk regions), we may perform additional verification, which may take some time.
  If there is a significant delay beyond a reasonable period, we will attempt to resolve it or contact you via support.

8. Fees, Billing, Payments, and Refunds

8.1 Billing and Fees
You agree to pay all applicable fees for the Services as indicated in your Order and on our Website, including:

• recurring fees (monthly/quarterly/annual, etc.);
• non-recurring setup fees (if any);
• usage-based or overage fees, where applicable.

Fees are generally payable in advance for the entire Billing Term, unless otherwise agreed in writing.

8.2 Non-Payment and Suspension
We are not obligated to provide any Services until we receive full payment. Failure to pay invoices on time may result in:

• suspension of Services;
• termination of Services;
• removal or deletion of data;
• loss of domains or IP addresses, where applicable.

TheOnionHost will not be responsible for any losses resulting from such suspension or termination due to non-payment.

8.3 Payment Methods
We may accept multiple payment methods (e.g., credit card, PayPal, bank transfer, cryptocurrency, etc.), as indicated on our Website or billing system. We reserve the right to:

• add or remove supported payment methods;
• Refuse certain payment methods for specific Clients or regions;
• Request verification documents to confirm the legitimacy of the payment.

8.4 Refunds and Non-Refundable Services

All payments made to TheOnionHost are governed by our Refund and Cancellation Policy, which is incorporated into these Terms by reference.

Unless expressly stated otherwise:

• Advance, prepaid, or discounted payments are non-refundable.
• Dedicated servers, domains, licenses, and other non-refundable items are strictly non-refundable, including in cases of early termination, suspension, or violations.
• Cryptocurrency payments are strictly non-refundable to external wallets under all circumstances. Any eligible refund, if granted at our sole discretion, may be issued only as account credit.

8.5 Taxes and Charges
You are responsible for all applicable taxes, duties, and similar governmental charges associated with your purchases, except for our own income taxes. If required by law, we may add such charges to your invoice.

9. Service Conditions and Network Operations

9.1 Service Availability by Jurisdiction
TheOnionHost operates from multiple jurisdictions within the European Union and associated regions, including but not limited to Bulgaria, Ukraine, and Moldova. Some Services may be available or unavailable in specific locations based on technical, legal, or business factors.

We reserve the right to:

• not offer certain Services in particular jurisdictions;
• block or restrict access to or from specific regions, networks, or countries if required or deemed necessary.

9.2 Network Modifications and Maintenance
We may, at our sole discretion and without liability:

• modify our network, routing, or configurations;
• replace or upgrade hardware or software;
• perform scheduled or emergency maintenance that may temporarily impact availability.

We will make reasonable efforts to minimize disruption and, where appropriate, communicate maintenance windows.

9.3 Licenses and Third-Party Software
If a Service includes or requires additional software licenses (e.g., control panels, security software):

• We may require certain levels of access (e.g., administrative access) to install or manage such permits;
• License pricing may be subject to changes based on vendor pricing or usage (e.g., account-based licensing).

10. Jurisdiction, Governing Law, and DMCA Disclaimer

10.1 Multi-Jurisdiction Operations
TheOnionHost operates infrastructure in different countries. Unless explicitly agreed otherwise in writing:

• Disputes and legal matters related to a specific Service or server will generally be governed by the laws of the country where that particular Service or server is physically located at the time of the dispute, subject to conflict-of-law rules;
• You agree that the competent courts in that jurisdiction will have exclusive authority over any dispute concerning that Service.

10.2 DMCA and Non-U.S. Jurisdictions
TheOnionHost does not operate under U.S. jurisdiction and is not directly subject to the U.S. Digital Millennium Copyright Act (DMCA) by default.

However:

• We may receive complaints from U.S. or international entities;
• We handle such complaints case-by-case, with priority given to local laws of the jurisdiction where the Service is located;
• Where local law requires us to act on copyright or other legal complaints, we will do so in accordance with that law.

10.3 Client Responsibility
You are responsible for ensuring that your use of the Services complies with:

• Applicable laws of your own country or region; and
• the laws and regulations of the jurisdiction where the Service is hosted.

11. Warranty Disclaimer

TheOnionHost will make reasonable efforts to provide Services with due care and skill. However, to the maximum extent permitted by applicable law:

• All Services are provided on an “AS IS” and “AS AVAILABLE” basis.
• We make no warranties or guarantees, express or implied, including but not limited to:
  • merchantability;
  • fitness for a particular purpose;
  • non-infringement;
  • uninterrupted or error-free operation;
  • reliability or accuracy of any data or Content.

We do not guarantee that:

• The Services will meet your specific requirements.
• The Services will be free from vulnerabilities, viruses, or other harmful components;
• Any defects or errors will be corrected.

Your use of the Services is at your sole risk.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• TheOnionHost, its owners, employees, partners, affiliates, and suppliers shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, revenue, data, business, or goodwill, arising out of or in connection with the use or inability to use the Services, even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for any claim related to the Services or this Agreement shall not exceed the total fees you paid to TheOnionHost for the affected Service(s) during the six (6) months immediately preceding the event giving rise to the claim.

If applicable law does not allow certain limitations, our liability shall be limited to the maximum extent permitted.

13. Indemnification

You agree to indemnify, defend, and hold harmless TheOnionHost, its owners, employees, and affiliates from and against any claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to:

• your use or misuse of the Services;
• any Content hosted or transmitted by you or your end users;
• violation of these Terms, the AUP, or any applicable law;
• infringement of any third-party rights (including intellectual property, privacy, or data protection);
• any actions causing our IP addresses or infrastructure to be blacklisted or blocked.

14. Force Majeure

TheOnionHost shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to:

• natural disasters, fires, floods, earthquakes;
• war, terrorism, riots, civil unrest;
• strikes, labor disputes, lockouts;
• government actions, regulations, or restrictions;
• power outages, network failures, or upstream provider issues;
• large-scale cyberattacks (DDoS, routing attacks, etc.);
• Hardware failures not caused by our gross negligence.

In such cases, performance shall be suspended for the duration of the event, and we will make reasonable efforts to resume Services as soon as possible.

15. Regulatory Compliance and Client Duties

You represent and warrant that:

• Your use of the Services will comply with all applicable laws and regulations;
• You will obtain all necessary licenses, consents, and authorizations for your activities and Content;
• You will not use the Services to circumvent export controls, sanctions, or similar restrictions.

If a regulatory change materially affects our ability to provide a Service, we may:

• Modify the affected Service.
• pass through additional costs; or
• suspend or terminate the Service, where necessary.

16. Client Data and Privacy

TheOnionHost may process Client personal data (e.g., contact details, account credentials, billing data) solely for:

• managing your account;
• providing and supporting the Services;
• fulfilling legal obligations;
• protecting our rights and preventing abuse.

You confirm that:

• You have obtained all necessary consents and permissions from your own users/customers whose personal data you store or process on our infrastructure;
• You are the data controller for such data, and TheOnionHost acts as a processor only where applicable.

For more details, please refer to our Privacy Policy available on our Website. By using our Services, you agree to the processing of your personal data as described therein.

17. Notices

All official notices and communications under this Agreement shall be in writing and sent via:

• Email: to the contact address you provide in your account;
• TheOnionHost Support Email: support[@]theonionhost.com; or
• Any other method we may indicate in the billing or support system.

Notices sent by email shall be deemed received once they are successfully delivered (no bounce) or when they appear in your client area communication log.

You are responsible for keeping your contact details up to date.

18. Reservation of Rights and Changes to Terms

18.1 Monitoring and Enforcement
TheOnionHost reserves the right to:

• Monitor, investigate, or log usage of the Services to enforce compliance with these Terms;
• Suspend or terminate Services or accounts, with or without notice, if we believe there has been a violation of these Terms or applicable law.

18.2 Changes to Terms
We may update or modify these Terms, the AUP, and related policies from time to time. When we make changes:

• We will post the updated Terms on our Website and indicate the “Last updated” date.
• The new or revised Terms take effect immediately, unless otherwise specified.

If you disagree with the updated Terms, you must stop using the Services and, where applicable, request cancellation. Your continued use of the Services after the update constitutes your acceptance of the new Terms.

19. General Provisions

• No Waiver: Failure by TheOnionHost to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
• Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect, with the invalid portion modified to the minimum extent necessary.
• Assignment: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign or subcontract our obligations or rights at our discretion.
• Entire Agreement: These Terms, together with all referenced policies (including AUP, Refund and Cancellation Policy, and Privacy Policy), constitute the entire agreement between you and TheOnionHost concerning the Services.

20. Contact Information

For any questions, requests, or concerns regarding these Terms or our Services, you may contact us at:

Email: support[@]theonionhost.com