The following terms and conditions (these “Terms”) govern the provision by Omega8.cc (“Company”) of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement.” Our Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service and is available at https://omega8.cc/gdpr-dpa.

Our Hosting Services

1. Maximum Hard Disk Space. Customer will be provided with the amount of disk space stated in either their dedicated quote or corresponding plan from https://omega8.cc/pricing. Disk space and usage are monitored by Omega8.cc, when possible quotas are soft and responsible overages should not impair Customer’s ability to access said disk space. Customers are responsible for purchasing additional disk space beyond that detailed in their “Plan” or to remove files in order to bring their usage with their Plans’s limit.
2. Storage, Backups and Internet Link. Omega8.cc shall store Customer’s Web Sites on Omega8.cc servers. The parties expressly recognize that Internet servers and links are susceptible to crashes and down time. Omega8.cc warrants that it shall maintain a consistent link with the Internet, but Omega8.cc cannot and does not warrant that it shall maintain a continuous and uninterrupted link. However, Omega8.cc does pass through the following Service Level Agreement from it’s Managed Hosting Providers (ServerCentral and Extraordinary Managed Services Limited) and that is 100% Power Uptime and 100% Network Uptime. Omega8.cc does monitor all services at minimum of 1-minute intervals. If we incur an outage to the Omega8.cc network (excluding scheduled maintenance and emergency maintenance), Omega8.cc will credit the affected customer 1/30th of the recurring base monthly fee paid by the customer for the affected network services for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Network uptime comprises the functioning of all network infrastructure including cabling, switches and routers. Services or software running on a customer’s server are not included in the definition of the Omega8.cc network. Network downtime exists if a customer’s server is unable to transmit and receive data and a ticket is opened for the incident in the Omega8.cc ticket tracking system. Network downtime is measured from the time the ticket is opened regarding downtime to the time the problem is resolved.
3. Bandwidth. Omega8.cc agrees that it shall maintain a Dual Gigabit connection to each server, however, Omega8.cc does not warrant any response rate or download time beyond it’s control, as this is depending on Customer’s and End Users ISP connections.
4. Maintenance. Omega8.cc may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems. However, Omega8.cc shall provide prior notice where it is reasonably practicable under the circumstances, and shall restore service as soon as is reasonably practicable. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond Omega8.cc control or which is reasonable in duration. Omega8.cc will replace any failed hardware component at no cost to the customer. The replacement process will begin when the cause of the problem has been determined. Hardware replacement is guaranteed to take no more than 2 hours. In the event that it does take Omega8.cc more than 2 hours to replace faulty hardware, Omega8.cc will credit the affected customer 1/30 of the recurring base monthly fee paid by the customer for the faulty hardware per additional 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related components.
5. Security. The parties expressly recognize that it is impossible to maintain flawless security, but Omega8.cc shall take reasonable steps to prevent security breaches in server interactions with Customer and security breaches in Omega8.cc server interaction with resources or users outside of any firewall that may be built into Omega8.cc server. Specifically, Web traffic is monitored and some activities are prevented by a Server Security Module. Full system logging and accounting is done with each command and keystroke recorded to external log files. These log files are audited and maintained for 7 days and then destroyed. However, Customer is solely responsible for preventing password protected pages within its Web Site from being automatically indexed and linked to search engine Robots or Spiders, or accessed by outside parties. Customer is solely responsible for any damage caused by such unauthorized access, and Customer indemnifies and holds Omega8.cc harmless for any compromise of Customer’s security that resulted from their own actions.
6. Privacy. Message and data encryption is possible on Omega8.cc servers, however Customer is solely responsible for encoding its Web Site and Emails to conform with generally accepted encryption standards, and Customer indemnifies and holds Omega8.cc harmless for any compromise of Customer’s encryption method.
7. Caching Permitted by Omega8.cc. Customer expressly grants to Omega8.cc a license to cache the entirety of Customer’s Web Site and Email in RAM, hard disk space, web site caches, dynamic language caches and database server caches, Customer expressly agrees that such caching is also deemed "fair use" under the United States Copyright Act, and Customer expressly agrees that such caching is not an infringement of any of Customer ’s Intellectual Property Rights.
8. Export Control. Customer agrees that its Web Site and Email shall comply with all export, re-export or import laws and regulations of any jurisdiction from which Customer’s Web Site is transmitted or accessed. Customer agrees that it shall obtain written authority from all appropriate governmental bodies, if Customer intends at any time to re-export any items originating from that jurisdiction to any proscribed destination. Customer shall indemnify Omega8.cc, hold Omega8.cc harmless and provide a defense to Omega8.cc for any such compromise or violation of export/re-export/import laws.
9. Software updates and installations. Omega8.cc shall perform all system administrative software updates and installations for web servers, email servers, and all related software systems.

Client Responsibilities

By submitting the online order form, entering into an agreement after a quote, accepting an invoice or taking presence on any Omega8.cc server, the Customer hereby agrees to the following:

1. Customer agrees to pay for hosting services rendered in advance of each weekly, monthly, quarterly, semiyearly, yearly or custom/longer service term, depending on the subscription plan, with auto-renewal enabled for each subscription.
2. Customer agrees to a no-refund policy in advance. All setup and one-time fees are non-refundable. However, if Customer will cancel the service (with any subscription length, but excluding weekly subscriptions) in the first 30 days, full refund will be issued.
3. Server charges will be incurred immediately at signup and are prorated by 0-3 days to allow for server provisioning and delivery.
4. 14 days of non-Payment results in immediate service disconnection without additional notice.
5. Customers failing to secure payment within 14 days after the service disconnection will have their accounts removed from shared servers and in the case of dedicated servers, the servers will be powered down.
6. In case of dedicated server plans, the failure to notify us of root password changes when an account is past due 14 days, will result in the powering down of those servers.
7. Service cancellation must be submitted using the contact form at https://omega8.cc/contact at least 90 (ninety) days before your next billing cycle for Cluster options, and at least 30 (thirty) days before your next billing cycle for non-cluster options, or you will be non-refundably charged the full amount for the following period, depending on the subscription plan purchased initially.
8. Company is not responsible for data integrity on equipment reclaimed for non-payment.
9. Customer agrees to adhere to the the Company Acceptable Use Policy (https://omega8.cc/aup).
10. Customer agrees not to engage in activity that violates United States or European Union laws applicable to the service terms described herein.
11. Company reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Services.

Additional Terms

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

1. Indemnification. Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
2. Limitation on Company Liability. Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
3. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
4. Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (ii) five days after being sent, if sent by first class registered mail, return receipt requested. Omega8.cc Hosting Systems, ul. Zlota 59, 14th floor Skylight Building, 00-120 Warsaw, Poland.
5. Omega8.cc shall not be liable for delays or defaults. Omega8.cc shall not be liable for delays or defaults in furnishing goods or services hereunder, if such delays or defaults on the part of Omega8.cc are due to:
   1. Acts of God or of a public enemy;
   2. Acts of the United States or any state or political subdivision thereof;
   3. Fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes;
   4. Embargoes, epidemics or quarantine restrictions;
   5. Shortage of goods, labor strikes, slowdowns, differences with workmen or labor stoppages of any kind;
   6. Delays of supplier or delay of transportation for any reason;
   7. Causes beyond the control of Omega8.cc in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials. Acceptance of delivery of goods or services shall constitute a waiver and release of Omega8.cc by Client for any claim for damages, setoff, discount or other liability on account of delay.
6. Third Party Transactions at Client’s Peril. The parties expressly recognize that Omega8.cc does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with Omega8.cc Omega8.cc does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through Omega8.cc AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON INFRINGEMENT AND 7) TITLE. Omega8.cc shall not be liable TO CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, Omega8.cc ’s liability is limited to the greatest extent permitted by law.
7. Downloading of Data or Files at Client’s Peril. The parties expressly recognize that Omega8.cc cannot and does not guarantee or warrant that files available for downloading through Omega8.cc will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to Omega8.cc for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
8. Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.