Terms of Service

Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.

The English version of legal agreements and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.

Last Revised: 5 February, 2023

Introduction

This is the terms of service that you the “customer”, “buyer”, “user” or “client” agree to when using our “Otusly”, “https://www.otusly.com, “Us” or “We” services. Please read through these terms of service as it contains important information regarding your rights and information about your account and the services we offer.

Indemnification and Relationship of Parties

The customer agrees to indemnify and hold us harmless from any lawsuit, claim, charge, or expense, including reasonable legal fees and costs of defence, for any matter arising from or relating to the User’s website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between us and the customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that we have no interaction with the data or substance of a customers website, except as necessary to maintain the website.

Payments and Price Changes

The user agrees to pay the charges agreed to during the initial signup request on or before the first day of the anniversary of account setup each month or year following execution of this agreement.
The user agrees any payment not received within 24 hours of said renewal date shall be considered late and the service may be suspended, either automatically or manually.
The user agrees any payment not received within 7 days of said renewal date shall be considered in default and service shall be terminated automatically. If you wish to restore a cancelled account or receive a backup of a suspended account, there will be a $20.00 fee per account if there is a backup available.
Any payments made after the initial 30-day money-back guarantee period are non-refundable, including funds, additional invoices or any other applicable payments.
Otusly reserves the right to amend the prices listed on https://www.otusly.com, and the right to increase or reduce the resources given to plans at any time without prior notice to you.
The amount you pay for hosting will never increase from the date of purchase without at least 30 days prior notice.
For reseller customers who subscribe to one of our Ultimate plans, you understand that these plans include up to 100 cPanel accounts and any number of accounts over this 100 account threshold are subject to a $0.35 fee per account charged monthly. An additional invoice will be created on your monthly invoice date or for annual plan customers, we will create the invoice on the 1st of each month. Each invoice is valid for 7 days.

Term of Contract & Termination/Cancellation

This agreement shall have an initial term of one month from the date of execution hereof unless otherwise specified by sign up request such as our annual plans. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled renewal date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If the user does not notify us of their cancellation request at least 3 days in advance of the date of execution, the user will be responsible for the payment due for the next equivalent period.
Any domain/account not registered or pointed to the server 30 days after the account is activated will be terminated without notice.
Any account set up with a domain name that is not registered with any relevant registrar, for example, any domain name that is used on an account that is available to purchase will be terminated without notice.
Accounts (plus any associated accounts) suspended for breach of these terms of service will be terminated within 24 hours of suspension and after termination, no backups or data will be available.
Account termination will take place 7 days following a suspension or cancellation of service.
Otusly reserves to right to suspend or terminate any and all accounts without notice for any breach of these terms of service.

Refund Policy & Money Back Guarantees

The user understands that in order to qualify for the money-back guarantee, they must inform us within 30 days of the first, standard service becoming active. Any requests after this 30 day period will result in services being cancelled only when the next billing cycle is due with no refund given.
The user understands that all “special offers” include, but are not limited to: Seasonal offers, one-off offers, reduced monthly payments, reduced yearly (not included the standard yearly discount) and any other offers as specified on our website or through correspondence hold a 7-day money-back guarantee. We have taken this step due to the increase in temporary sign-ups and offer abuse.
The user understands that all refunds can only be returned using the original payment method. We cannot refund using an alternative payment method to the one which was used when setting up the service.
The user understands that our 30-day money-back guarantee is only valid for your first product or service purchased. Any additional products or services, extensions or additional payment made after this 30 day period are not covered by this guarantee.
The user understands any hosting plan requires a valid domain name in order to work. If the user no longer owns the domain name registered on their hosting account or it expires this can lead to service interruption and they must inform us as soon as possible.
The user understands that we reserve the right to withhold a refund in cases where we feel the guarantee is being abused.
Our money-back guarantee excludes accounts that have been suspended/terminated due to breaches of these terms of service. In these cases, a refund will not be offered due to the administration time and costs involved.

Refusal of Service

Otusly reserves the right to refuse or cancel services at its sole discretion. Failure to follow any terms or conditions established by us may result in the immediate termination and forfeiture of any refund agreements. This includes, but is not limited to abuse of our staff (foul or derogatory comments) and/or our network.

Website Content

As long as the users content does not break any applicable laws or causes harm to any specific race, creed or gender, it will be allowed to exist on the user’s website.
The user is responsible for any and all content they place on their website or transfer by any other means using hardware and or bandwidth belonging to Otusly.
Otusly reserves the right to remove any page and/or content at any time without notice.
Users are not permitted to offer any free hosting accounts under their reseller hosting plan. Free trials are permitted up to a limit of 30 days. Any user offering free services may be the subject of account suspension or termination without warning.
The user agrees not to host any unauthorised copyrighted material such as music, movies, photographs without prior permission or which would break copyright law.
Examples of unacceptable material on a user hosting account, but not limited to the following:

– Pornographic Material (of any kind)

– Websites that stream copyrighted material such as TV shows, movies or sports, either directly or via 3rd party websites

– File Dump/Mirror Scripts (similar to rapidshare)

– Websites promoting illegal activities

– Email/Spam Scripts

– cPanel account abuse or “parking”

– Websites and/or forums/communities that distribute or link to pirated/illegal content

– IRC Scripts/Bots

– Proxy Scripts

– Pirated or nulled software

– AutoSurf/PTC/PTS/PPC websites

– Bruteforce Programs/Scripts/Applicationss

– High-Yield Interest Programs (HYIP) or Related Sites

– Sale of any controlled substance without prior proof of appropriate permits or licences

– Prime Banks Programmes

– MUDs/RPGs/PBBGs

– Hateful/Racist/Harassment oriented sites

– Hacker focused sites/archives/programs

– Fraudulent websites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

The Use of Our Service

Due to an increase in spam and abuse, we will no longer accept the use of free domain names such as .TK / .ML / .GA / .CF / .GQ. If an account uses one of these free TLDs, it will immediately be suspended and terminated within 24 hours. This is non-negotiable so please do not request any exemptions.
The user agrees to point all domain names to our servers. We regular run checks on this and any accounts found to be not pointing to our servers will be suspended and terminated within 24 hours.
The user understands that any account suspended for any reason will be removed from the server after 7 days.
The user agrees to maintain their website in a manner consistent with any and all applicable laws and regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof.
The user agrees to practice common courtesy in its use of our service, and refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing.
The user agrees to keep their contact email address with us current at all times. The user also agrees that Otusly has no liability for lost or undelivered email messages concerning the status or payment due for a users account.
Subdomains should not be added as an individual account and instead added as a subdomain under the primary account. The user understands that any subdomains added as a standalone account will be suspended and terminated after 7 days. Please contact us if you believe you have a valid reason as to why a subdomain needs its own dedicated account.
The user agrees that all content on https://www.otusly.com shall not be duplicated, copied or cloned. Any user found to be in violation may have their account suspended and/or terminated.
The user agrees no notices for account status or invoices will be sent via postal mail or telephone unless initiated by Otusly as required by law to collect payment.
Resource usage, The user may not:

– Use your account as a staging area for a domain name. This falls under the misuse of our servers.

– Use 25% or more of system resources for longer than 90 seconds. Activities that could cause such problems to include, but are not limited to CGI scripts, FTP, PHP, HTTP, etc.

– Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

– Run any type of mass email software resulting in a large number of failed messages, often referred to as spam mail. This includes the use of server resources and/or subsccounts to do the same.

– Run any type of web spider or indexer (including Google Cash / AdSpy) on shared hosting account.

– Run any software that interfaces with an IRC (Internet Relay Chat) network.

– Run any bit torrent application, tracker, or client.

– Participate in any file-sharing/peer-to-peer activities

– Run cron entries with intervals of less than 5 minutes.

– Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.

– Excessive storage of media such as videos or music files (MP3) is not permitted.

Account Limitations: You may use your account for personal use but not as a backup facility for automated backups or things of that nature. If you are unsure if your intended use violates these terms of service please contact us.
Disk Space Usage: Your account may not be used as a storage and/or backup service for files/archives. Regular backups of databases, websites, etc, are permitted within reason. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. Otusly reserves the right to suspend/terminate any service for resource abuse at their discretion.
Reseller Hosting: Any “unlimited” service plans are subject to fair/acceptable use and we reserve the right to place any limits on an account in order to protect our servers. This includes, but is not limited to:

– Excessive use of cPanel accounts.

– Excessive use of server resources.

On these occasions, we may place limits on the number of accounts you can offer or what resources your account can use in total. This would include any and all subaccounts. We may also offer you the opportunity to increase your limits through various methods at our discretion.

Backup & Data Loss

Otusly will run a backup service once daily (stored offsite) and will keep 3 days worth of backups, overwriting any previous backup made. The backup process is provided as a courtesy, therefore it is recommended users always keep their own back-ups accordingly. Otusly is not responsible for files and/or data residing on your account. The user agrees to take full responsibility regarding the maintenance of all appropriate backups and data stored on Otusly servers. While Otusly does maintain backups of your files and data, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account/user larger than 5 gigabytes, will be excluded from our backup systems with or without notice, however, all data will continue to be mirrored to a secondary drive (helping to protect your data in case of drive failures). All cPanel backup files, backup -*.tar.gz and cpmove-*.tar.gz, older than 120 hours (5 days) will be removed from the server automatically.
User-Initiated cPanel Backups: Since the backup process which packages and compresses your account can be very resource-intensive (all full cPanel backups should be performed during off-peak times as indicated below). Any backup process found to be running during peak hours will be disabled and possibly suspended.
Users are responsible for ensuring clients websites are backed up, we provide the tools (Jetbackup & cPanel Backup tools) to make it easy to backup each website, we cannot always set Jetbackup to backup every 24 hours on your clients account because the terms of service need to be agreed to by your client. You understand we are not responsible for your client’s backups.

Acceptable Time periods to run full cPanel back-ups (off-peak hours): Monday through Sunday 10pm-6am GMT.

*If your account is bigger than 5GB in size you can still back up your account by downloading MYSQL via PHPMyAdmin and downloading your core files via FTP.

Security

The user agrees not to attempt to undermine or cause harm to any server or customer of Otusly. Failure to comply with this rule will result in the immediate termination of the user’s account.

Unsolicited Electronic Mail (Email Spam)

User is expressly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through these terms of service.

Setting Up Your Account

The user understands that it may take up to 24 hours for any hosting account to be activated. Otusly will set up your account once payment has been received and processed and once your account has been verified. If you do not receive your account information within 24 hours and have not received an email from Otusly, please contact us immediately.
The user agrees that all accounts should be set up using a valid and registered domain name.
The user agrees that all domain names associated with an account Otusly must be pointing to our servers using the relevant nameservers as set out in your account information email.
The user agrees and understands that any accounts set up with a domain name that has not been registered or which is using a domain name that is not pointed to our servers will be terminated without warning. We run our system every 5 days.
These actions are for security, to protect server reputation, resources and avoid misuse of cPanel accounts.

Transferring Your Website

Otusly offers a free cPanel migration service for all of our web hosting plans. For our reseller hosting clients we offer to migrate 10 accounts for free with any additional accounts being charged at $0.40 per account.

This migration service is offered as a courtesy and we cannot guarantee that we will be able to migrate your website. This may be due to any number of outside factors including any limits placed on your account by your previous provider.

Privacy

Otusly takes all reasonable precautions to ensure any information the user submits is protected and not distributed to any 3rd parties. At no point in time, will Otusly use any information provided to us for any purpose other than to keep in contact with the user, provide services purchased by the user or verify a users identity. We will not disclose any personal information about a user to third parties (without prior written consent).
Otusly may disclose users information to law enforcement agencies without prior consent or notification to the user upon receiving a lawful request.

Backups

Daily backups (JetBackup) are provided as a courtesy and should not be relied on to replace any of your own backups which should be performed at regular intervals. Otusly cannot be held liable for any availability issues of backups including, but limited to:

Daily Backups (JetBackup) not performing a specific backup.
Loss of data through a backup not being available.
Any loss of data through client actions.
The availability of JetBackup on our servers.

Affiliate Program & Commissions

Our affiliate programme is coming soon and more information will be provided shortly.

Network Status Tool

This tool shows the latest 90 status of our current servers and is for informational purposes only.

Scope of Agreement

This agreement must be honoured by all subdomains and dedicated servers of Otusly.
Otusly reserves the right to add to and change this agreement at any time without notice. Although we will always do our best to notify you of any major changes to our terms of service, you acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

By simply using our website and purchasing our services you are agreeing to these terms, it is your responsibility to keep up to date with these terms of service and ensure you agree to them.

Support

Our support agents are available to a user with server related issues or questions only. Any problems relating to website building or configuration should be outsourced to a web developer or other expert.
In the first instance please see our support pages and knowledgebase before opening a support ticket as there are many useful hints and tips available to help you.
Please note that the managed services we offer are for the server only. We are happy to help with other queries, however a user understands that they should have some knowledge in order to get the best out of our services. Our support teams cannot answer questions about all aspects of web hosting and we encourage you to seek out the answers for yourself.

Server Resources

Server resources are provided as-is. A user account is provided in a shared hosting environment and we are unable to increase resources for any particular account for any reason. This is to protect all server resources from abuse. As this is a shared hosting environment, certain features are unavailable on cPanel and/or WHM which would normally be available on a dedicated service such as VPS or Dedicated Server. This is industry standard and as with server resources, we are unable to provide access to any other features not shown on a cPanel or WHM account.

Third Party Softwares

Our servers use third-party software to help provide a better experience for our users. Otusly cannot be held liable for the functionality or availability of any third-party plugin. Whilst we monitor all plugins and software provided by third parties carefully, we cannot guarantee these plugins.

WHMCS

WHMCS is a separate entity to Otusly and provides its own support. We cannot offer support for any issues or errors present on the WHMCS software. We can however provide support with WHMCS implementation or integration on to your server.