SECTION 1: GENERAL TERMS
These terms and conditions are applicable to your use of the OnionLand Hosting services.
You must very carefully read these terms and conditions, as they contain very important details about how you may log on to, access, and use our services.
We have the legal right to alter, delete from or add to our terms for any reason, and without any prior notice to you. Your use now and your use in the future of our services after we make any changes shall be taken by us as your acceptance of these terms, and as your decision to be bound by the new terms.
If you disagree with any provision of this agreement, you must immediately stop using our services. This is the only recourse acceptable by us.
A - ACCOUNT REGISTRATION
You must register an OnionLand Hosting account in order to use the services. Registering an account on behalf of a business, organization, or other legal entity shall be taken to mean that you have the authority to legally bind that entity to these terms as well as grant us all permissions and licenses provided in these terms.
B - HOSTING PLAN
When you sign up for the services, you are automatically registered to a basic website hosting plan.
The basic hosting plan will determine the maximum disk space (web files, email, and database) usage before incurring extra disk space costs that is included in the services.
C - PAYMENT FOR OUR SERVICES
You must credit your account for our hosting services before ending a trial. We charge on a weekly basic and you must credit all service charges, as well as all other amounts incurred under your account (whether authorized by you or not) as per the hosting and hosting service you subscribed.
The fees that you are liable for under this agreement include the setup fee that we advise you of at the commencement of the agreement; fees for hosting, fees for excess storage (if any), and fees for additional services such as domain aliases, webalizer tool, proxy service, backup service, etc., if any.
At the commencement of this agreement, you must credit the setup fee and pay for extra charges (if any) every week. This shall be billed retrospectively for the previous week.
The current fees set out will be applicable for the duration of the billing period. We, however, reserve the right to change our fees, and these new fees will come into effect after your pre-paid billing period expires.
D - INVOICING
Our system add monthly invoice to your account, and you must credit your account as indicated on the invoice from OnionLand Hosting. We may immediately terminate our service to you if your account credit is not enough timely. In this case, we will not be liable for data integrity on accounts, so suspended for insufficient credit.
E - ACCESS TO YOUR ACCOUNT
You can obtain access to your user account via the username and password that we assign to you. Through these, you can gain access to your website; and files stored on the website/hosting account.
You are personally responsible for every activity that transpires under your account, and you consent to preserve the security and confidentiality of your account username and password at all times. You may only possess one account, except otherwise permitted by OnionLand Hosting in writing.
F - SUSPENSION / TERMINATION OF ACCOUNT
While we may monitor your account to ascertain whether you and all your users are complying with this agreement, we have no responsibility to do so. We may suspend or terminate your account with immediate effect without notice, under the following circumstances:
If your use of the service is in breach of any law;
If you or your user has violated this agreement; and/or
If we believe that your use of the service has an adverse effect on our systems or networks.
We may notify the relevant authorities if we believe that your use of the service is in breach of any law, and we will provide them with the appropriate information as per the circumstances.
You accept that you will have no claim against OnionLand Hosting as per any action reasonably taken by us under this clause, and you indemnify OnionLand Hosting against any claim arising out of the same.
G - DURATION OF AGREEMENT
We shall deem this agreement to have commenced on the date that you sign up for our service. You may sign up for our service either by emailing your consent to host your website with OnionLand Hosting or by signing and returning a purchase order to us.
We shall deem the agreement to continue until the stipulated termination date or until either of us terminates the agreement by writing a notice to the other party. We may also terminate this agreement if you, as a user, fail to comply with our terms and conditions.
Upon the expiration or termination of this agreement, you understand that our duty to provide the service to you ceases. As such, you may not endeavor to access the service afterward. We may also delete all of your information/data from any storage media.
H - NO RESALE
Our services may not be resold by you without our express permission.
SECTION 2: SERVER MAINTENANCE
I - SCHEDULED MAINTENANCE
So as to keep the servers up to date, OnionLand Hosting will carry out pre-scheduled maintenance to servers, and we reserve the right to suspend access to the server during this time. We will, however, endeavor to perform all scheduled maintenance at an off-peak time. If we envisage that this will exceed 30 minutes, we will send you prior notice.
J - UNSCHEDULED MAINTENANCE
We may sometimes need to carry out unscheduled maintenance. In this case, we will send you a notice regarding the maintenance will after the maintenance has been carried out.
SECTION 3: CLIENT DATA AND DATA BACKUP
K - UPLOADING CLIENT DATA
OnionLand Hosting will own all intellectual property rights that are created during the course of providing the service, except for intellectual property rights in the client data.
Subject to this, you and your users may upload content that you wish to be part of your website, in the manner and at times directed by OnionLand Hosting from time to time.
All client data must comply with any content standards set by the OnionLand Hosting, the Acceptable Use Policy, and all relevant laws. It may not infringe on the intellectual property rights of any person.
L - DATA BACKUP
You have the responsibility of maintaining local copies of your web content and information, as OnionLand Hosting only performs backups for server restoration purposes only. Should there be data corruption or equipment failure, you must be prepared to re-upload your data to your account.
M - UPDATES OF WEBSITE SOFTWARE
OnionLand Hosting may occasionally provide updates to the website software used to run your website. In this case, you have the responsibility of updating your website to the latest version of the software in order to avoid the compromise of the security of your website and client data.
SECTION 4: ACCOUNT RIGHTS
O - LIMITATIONS TO SERVICE
You accept that due to the inherent risks of the internet and computer-based systems and networks, the services that we provide under this agreement may not be error-free or uninterrupted; it may not meet your requirements; and your data may not be adequately protected against loss or which may occur because of delays, service interruptions or other reasons.
SECTION 5: ACCEPTABLE USE POLICY
You understand that:
OnionLand Hosting is not responsible for the content of traffic of your website.
We have no control; neither do we exercise supervision over the content of the information that is so made available through our network.
We are not responsible for the aftereffects of any unauthorized breach of our system security, which may, without limitation, include hacking or denial of service attacks.
You bear full responsibility for the use of your account. If you allow others to access your account, you are responsible for making them aware of this policy and obtaining their compliance with this policy.
You may use our service only for the purpose of web site hosting provided such use is legal and does not constitute an unacceptable use.
OnionLand Hosting does not allow adult material of any kind, which without limitation includes nudity and porn.
Your use of the service may not violate local, State, Federal, or international laws.
You may not abuse our server resources i.e., running programs in the background without our prior written authorization, running chat rooms, uploading a domain that exceeds reasonable bandwidth usage.
You may not use the OnionLand Hosting’s servers for development purposes. Your website must be fully developed and must have been tested before it can be moved to our servers.
You may not use your OnionLand Hosting account as a download repository. You must negotiate additional terms with the OnionLand Hosting if you plan to offer files other than web page files for downloading, such as music and video files.
You may not use your account for hacking/cracking, as we will report illegal activities to all appropriate regulatory, administrative, and/or governmental authorities for prosecution.
You may not forge headers or manipulate identifiers in a bid to disguise the origin of any content that you make available through the service.
You are not to upload ads or spam links to other services, individuals or solicitations, or use the service to advertise chain letters or pyramid schemes.
You may not collect other users' content or information or otherwise access OnionLand Hosting using automated means without our written permission.
You may not post information or content that contains computer viruses or other harmful computer code; or content that persecutes, degrades, hassles, or intimidates a person/group of persons because of religion, sexual orientation, race, ethnicity, gender, age or disability.
You are responsible for all activity originating from your account unless we have proven that you are a victim of outside hacking or address forgery.
SECTION 6: LIMITATION OF LIABILITY
THE SERVICES OFFERED BY ONIONLAND HOSTING ARE PROVIDED ON AN "AS IS" BASIS AND WE EXPRESSLY DISCLAIM ALL AND ANY WARRANTIES, WHETHER DIRECT OR IMPLIED, WHICH WITHOUT LIMITATION INCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST DEGREE ALLOWABLE OR AUTHORIZED BY LAW.
WITHOUT LIMITING THE FOREGOING, ONIONLAND HOSTING DOES NOT GUARANTEE THAT THE ONIONLAND HOSTING SERVICES WILL FUNCTION AS INTENDED, MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE PROVIDED SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. YOU ACCEPT THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK. YOU AND YOU ALONE ARE RESPONSIBLE FOR LOSS OF DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ONIONLAND HOSTING SHALL CREATE ANY WARRANTY NOT EXPLICITLY MADE HEREIN.
YOU ACCEPT AND ACKNOWLEDGE THAT ONIONLAND HOSTING WILL NOT BE LIABLE FOR ANY LOSS OR SUSPENSION OF THE SERVICES, EXCEPT FOR THE LIMITED DEGREE THAT A REMEDY IS ALLOWED FOR UNDER THIS AGREEMENT; THE INTERRUPTION OF BUSINESS; ANY ACCESS DELAYS OR INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH THE SERVICES; ANY LIABILITY OR LOSS AS A RESULT OF ACTS OF GOD; THE NON-DELIVERY, CORRUPTION, MIS-DELIVERY, DESTRUCTION OR MODIFICATION OF DATA; ANY EVENTS BEYOND ONIONLAND HOSTING’S CONTROL; THE PROCESSING OF YOUR APPLICATION FOR THE SERVICES; OR THE LOSS OR LIABILITY ARISING FROM THE MISUSE OF OR UNAUTHORIZED USE YOUR ACCOUNT.
IN NO EVENT SHALL ONIONLAND HOSTING BE RESPONSIBLE FOR ANY OR ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES WHICH WITHOUT LIMITATION INCLUDES PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS; LOSS OF PROFITS, DATA, OR USE; OR BUSINESS INTERRUPTION, CAUSED IN WHATSOEVER MANNER AND ON ANY THEORY OF LIABILITY, BE IT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) OR STRICT LIABILITY, RESULTING IN ANY WAY OUT OF THE USE OF THE SERVICES, EVEN IF ONIONLAND HOSTING IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, YOU SPECIFICALLY AGREE THAT ANY CAUSE OF ACTION RELATED TO ONIONLAND HOSTING OR THE SERVICES PROVIDED BY US MUST BE COMMENCED WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ENSUES. OTHERWISE SUCH A CAUSE OF ACTION SHALL BE BARRED PERMANENTLY.
YOU ALSO AGREE THAT IN NO EVENT SHALL ONIONLAND HOSTING’S TOTAL AGGREGATE LIABILITY BE MORE THAN THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE LIMITATIONS SO SET ABOVE SHALL BE APPLICABLE TO THE FULLEST DEGREE PERMITTED BY LAW AND SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF ONIONLAND HOSTING OR ITS OFFERED SERVICES.
SECTION 7 – OTHER LEGAL TERMS
P - INDEMNITY
You agree to shield, indemnify and hold OnionLand Hosting (its subsidiaries, affiliates, officers, agents, partners, and staff) innocent against any and all claims, fees, and expenses (including but not limited to legal and accounting fees), and damages in connection with your use of the service.
Q - NO AGENCY
No partnership, employment, joint venture, or agency relationship shall be deemed to exist between you and OnionLand Hosting as a result of your use of our services or this agreement.
R - SEVERABILITY OF TERMS
The failure of OnionLand Hosting to exercise or enforce any provision of these terms shall not be deemed a waiver of such a provision. If any condition of this agreement is found to be invalid by a court of competent jurisdiction, specific provisions will be modified to reflect the parties' intention while all the remaining provisions shall remain in full force and effect.
S - CHOICE OF LAW
These terms are governed by laws of the United States, and you consent to submit to the jurisdiction of its courts.