Optiserved agrees to furnish services to it’s Customers/Clients, subject to the following Terms of Service. Use of Optiserved’s services constitutes acceptance and agreement to Optiserved’s Terms of Service.

Optiserved reserves the right to modify the Terms of Service without notice.

1. Use of Services
   You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Optiserved of any unauthorized use of your account or any other breach of security. Optiserved will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
   
   
2. Acceptable Conduct
   You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Optiserved. You will not engage in any activity that interferes with or disrupts Optiserved’s services or networks connected to Optiserved.
   
   
3. Prohibited Usage
   You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Optiserved will impose fees; and/or pursue civil remedies without providing advance notice.Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.Spam and Unsolicited Bulk Email (UBE): Optiserved has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Optiserved whether or not the message actually originated from our network.Mailing Lists: Optiserved’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.Optiserved and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Optiserved’s services may not be used to facilitate infringement of these laws in any way.Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Optiserved or Optiserved’s customers.Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.Optiserved does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Optiserved routinely monitor the network communications of customer Optiserveds as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Optiserved. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
   
   
4. Invoicing and Payment
   You agree that Optiserved shall be permitted to charge your credit card or paypal account you have provided on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by Optiserved may be turned over to an outside collection agency for collection.Subscriber is aware that Optiserved may prospectively change the specified rates and charges from time to time.Optiserved is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Optiserved. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to a $5.00 service charge.
   
   
5. Uptime Guarantee
   Optiserved provides a 99.9% uptime guarantee on all Optiserved hardware, and on network connectivity. In any given month, if your Optiserved is down for more than 0.1%, you may request a pro-rated credit for the down-time.
   
   
6. Support Boundaries
   Optiserved, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Optiserved provides support related to your Optiserved virtual server physically functioning. Optiserved does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Optiserved does not provide technical support to your customers.
   
   
7. Account Cancellation or Suspension
   Optiserved reserves the right to suspend network access to any customer if, in the judgment of the Optiserved network administrators, the customer’s server is the source or target of a violation of any of the other terms of service or for any other reason which Optiserved chooses. Optiserved will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Optiserved reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.If at any time it becomes necessary for Optiserved to cancel a customer’s service without cause, Optiserved will provide 30 days advance notice.You may cancel the service at any time by using the “Cancel Account” link located on the “My Accounts” sub-tab of the Optiserved Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
   
   
8. Network
   If Optiserved assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Optiserved, and Customer shall have no right to use that Internet Protocol address except as permitted by Optiserved in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN’s policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
   
   
9. Limitation of Liability
   Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Optiserved and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Optiserved shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Optiserved. Subscriber further acknowledges that Optiserved’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Optiserved be liable for any special or consequential damages, loss or injury. Optiserved is not responsible for any damages your business may suffer. Optiserved does not make implied or written warranties for any of our services. Optiserved denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Optiserved.
   
   
10. Disclosure to Law Enforcement
    The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Optiserved may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Optiserved shall have the right to terminate all service set forth in this Agreement.
    
    
11. Warranty Disclaimer
    You agree that your use of Optiserved shall be at your sole risk. All services provided by Optiserved are available as is, without warranty.
    
    
12. Indemnity
    Optiserved wishes to emphasize that in agreeing to the Optiserved Terms of Service, customer indemnifies Optiserved for any violation of the Terms of Service that results in loss to Optiserved or the bringing of any claim against Optiserved by any third-party. This means that if Optiserved is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Optiserved, plus all costs and reasonable attorney’s fees.
    
    
13. Notice
    You agree that Optiserved may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Optiserved services.
    
    
14. Entire Agreement
    The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Optiserved and govern your use of Optiserved services, superceding any prior agreements between you and Optiserved for the use of Optiserved services.
    
    
15. Choice of Law and Forum
    The Terms of Service and the relationship between you and Optiserved shall be governed by the laws of the Country of Bulgaria without regard to its conflict of law provisions. You and Optiserved agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Bulgaria.
    
    
16. Waiver and Severability of Terms
    The failure of Optiserved to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
    
    
17. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Optiserved services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The following rules apply to the Customers/Clients of Optiserved that  purchased or make use of services related to backup services provided by Optiserved LTD:

Optiserved LTD can not be held responsible for any data loss, data corruption or any problem you as a customer may encounter with the service. The client may use the service at his own discretion.

The backup service is currently offered as a best efford service, meaning that the backup will do its best to take place at the specified schedule, but sometimes it may not be able to do so.

Additionally the following rules apply to the Customers/Clients of Optiserved that  purchased or make use of services related to e-mail marketing – mass e-mailing:

1. General Rules
   You promise to follow these rules:
   1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
   2. You won’t use purchased, rented, or third-party lists of email addresses.
   3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.Optiserved does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
• A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
• A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

2. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Optiserved user, please report it to our abuse team at support@optiserved.com.

3. Compliance with Laws
You represent and warrant that your use of Optiserved will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Optiserved, and collecting information as a result of sending Emails, you:

1. Will clearly describe in writing how you plan to use any data collected, including for your use of Optiserved. You’ll get express consent to transfer data to Optiserved and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Optiserved.
3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Optiserved to receive and process data and send communications to that individual on your behalf.
4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.