1. ACCEPTANCE OF TERMS

These OpenHosting, Inc. Terms of Service (“TOS”) are between you (“You”, “Your,” or “Merchant”) and Opening Hosting, Inc. and its affiliates (“OpenHosting”) and consists of the most recent versions of the terms and conditions of the TOS as well as the OpenHosting Privacy Policy (all together, the “Terms of Service” or “Terms” or “Agreement”). OpenHosting reserves the right, in its sole discretion, to modify all or part of these Terms at any time without notice or acceptance by You. Regardless of whether OpenHosting has provided You individual notice, Your continued use of the Service following OpenHosting’s notice or posting of changed Terms will constitute Your acceptance of such changes.

BY COMPLETING THE REGISTRATION PROCESS (“Registration Process”) AND CLICKING THE “I ACCEPT” BUTTON, YOU: (a) agree to be bound by these Terms; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; and (c) agree to provide, and to continue to provide, true, accurate, current, and complete information in the Service registration form, including billing and payment-related information and other account information (all together, the “Account Information”). If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS.

2. DESCRIPTION OF SERVICE

The complete list of services (the “Service”) governed by these Terms is as follows:

• Open Hosting Cloud Service (KVM)
• Open Hosting VPS Service (KVM, VServer)

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Service resources, shall be subject to these Terms. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any and all costs associated with such access, including, but not limited to, telephone, computer hardware, and other equipment needed for such access. OpenHosting reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.

3. INTELLECTUAL PROPERTY

Except for the rights expressly granted herein, this Agreement does not transfer from OpenHosting to You any technology developed, licensed, or owned by OpenHosting, and all rights, title, and interest in and to such technology will remain solely with OpenHosting. You agree that You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets of OpenHosting. OpenHosting may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize OpenHosting to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You. OpenHosting, OpenVPS, OpenHosting’s other product and service names, and all of their related logos are each trademarks of OpenHosting Inc. (the “OpenHosting Marks”). Without OpenHosting’s prior written permission, you agree not to display, or use in any manner, the OpenHosting Marks. You further agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or use of or access to the Service without the express written permission of OpenHosting.

4. PAYMENT

You will pay all fees due according to the prices and terms applicable to your Services. All installation or setup fees and non-recurring charges, along with the first month’s recurring charges, shall be due and payable within ten (10) days of initiation of Service. Thereafter, recurring fees will be charged in advance to Your selected payment method. If Your selected payment method is invalid or You are otherwise past due in your payments for any reason, the Service may be terminated and removed from OpenHosting’s servers by OpenHosting on ten (10) days’ notice, and all the information contained within deleted permanently. OpenHosting accepts no liability for information or content that is deleted due to an invalid payment method or past-due payments. Reactivation of the Service after termination or cancellation for any reason shall require the payment of additional setup fees. In the event You fail to pay charges, OpenHosting may assign unpaid late balances to a collection agency for appropriate action. In the event legal action is necessary to collect on balances due, You agree to reimburse OpenHosting for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. OpenHosting may, upon notice required by applicable laws, at any time change the amount of or basis for determining any fee or charge or institute new fees or charges with respect to the Service. You shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement. For the current fee schedules, go to https://www.openhosting.com/pricing.

You can upgrade or downgrade between the plans and products listed in Section 2 above at any time. Such upgrade or downgrade will take effect immediately. You will be automatically charged, via the payment method You provided, any and all fees based upon your upgrade or downgrade. If You are due a refund, the amounts will be credited and refunded to You. Both the refund and charge will be based on the number of days remaining in Your contract term. The contract term and anniversary date may change if You change from a non-annual service to an annual service, or from an annual service to a non-annual service. You may also be charged, as applicable, an upgrade or downgrade fee. Fees may not be credited towards other services.

5. TERM AND TERMINATION

The initial term of this Agreement will commence on the first date on which you use the Service and will remain in effect for the period of time corresponding to the plan You select (“Initial Term”). If You wish to terminate the Services at the end of the Initial Term or any subsequent term to which you have agreed (“Renewal Term”), You must provide OpenHosting thirty (30) days’ prior written notice. If You fail to notify OpenHosting of Your intent not to renew, this Agreement will be automatically renewed thirty (30) days prior to the end of the current Initial or Renewal Term for a month-to-month period, ninety (90) days prior to the end of the current term for a 3-month-term product, or fifteen (15) days prior to the end of the current annual term for a one-year product, at the OpenHosting then-current rates and charges. If You agree to a Renewal Term, or fail to cancel the services as set forth herein, this Agreement will be renewed at the then-current rates and fees. Except as set forth in these Terms, neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms.

OpenHosting may terminate these Terms at any time, for any or no reason, upon notice to You. Notwithstanding anything to the contrary herein, OpenHosting may also immediately suspend or terminate Your Service, terminate Your access and password, remove Your Service from OpenHosting’s servers, or remove any Content within the Service, if OpenHosting concludes, in its sole discretion, that You (a) have breached, violated, or acted inconsistently with the letter or spirit of these Terms, including any applicable law or regulation; (b) have provided false information as part of your Account Information; (c) have failed to keep your Account Information complete, true, and accurate; (d) are engaged in fraudulent or illegal activities or the sale of illegal or harmful goods or services; or (e) are engaged in activities or sales that may damage the rights or reputation of OpenHosting or others (each “Termination for Cause”). Any Termination for Cause by OpenHosting will take effect immediately, and You expressly agree that You will not have any opportunity to cure.

In addition to any other right to terminate set forth herein, either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from OpenHosting; or (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.

Upon any termination of the Service, OpenHosting reserves the right to permanently delete from its servers any and all information and content contained in Your account or Service, including, but not limited to, order processing information, mailing lists, files, email, and any web pages generated by You or the Service. OpenHosting accepts no liability for such deleted information or content. You expressly waive any statutory or other legal protection in conflict with the provisions of this Section 5.

6. PRIVACY AND ACCEPTABLE USE

You agree that you have received, read and understand the OpenHosting Privacy Policy (“OpenHosting Policy”). The OpenHosting Policy contains restrictions on Your online conduct (including prohibitions against unsolicited commercial email). The current version of the OpenHosting Policy is posted at the OpenHosting web site as set forth in Section 1. OpenHosting may change the OpenHosting Policy upon notice to You, which notice may be provided by posting such new OpenHosting Policy at the OpenHosting web site. As part of Your Registration Process, You agree that some communications from OpenHosting are required, including, but not limited to, customer service and administrative messages regarding Your Service. In order to opt out of receiving such communications, You must cancel the Service.

In addition to those matters addressed in the OpenHosting Policy, (a) You shall comply with any and all local, state, federal, or foreign law or regulation that applies to You or Your use of the Services, and (b) You shall not post, transmit, retransmit, or store material on or through any of the Services which, in the sole judgment of OpenHosting (i) is threatening, obscene, indecent, defamatory, or that otherwise would violate the rights of any individual, group, or entity (collectively, “Persons”), or (ii) violates the rights of any Person, including rights protected by copyright, trade secret, patent, or other intellectual property laws or regulations including, but not limited to, the installation or distribution of software products that are not appropriately licensed for Your use. You agree that you will NOT knowingly use the Service to: (a) upload, post, email, transmit, or otherwise make available (“Post”) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; (b) harm minors in any way; (c) impersonate any person or entity, or misrepresent your affiliation with a person or entity; (d) disguise the origin of any content transmitted through the Service; (e) post any content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (f) post any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;” (g) post any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of networks connected to the Service; (i) violate any applicable local, state, national or international law, or any regulations having the force of law; (j) promote or provide instructional information about illegal activities; or (k) collect, transmit, or store any type of adult, mature, or sexually explicit content.

You agree to indemnify and hold harmless OpenHosting from any claims resulting from any use of the Services that causes You or any other party damage. OpenHosting reserves the right to take any action it deems necessary at its sole discretion, including, without limitation, account termination or suspension, to protect against any abusive or harmful behavior. You agree that OpenHosting shall not be responsible or liable for any loss or damage of any sort incurred by You, or any third party, as the result of OpenHosting taking or not taking any actions in response to any actual or perceived abusive user behavior.

7. OWNERSHIP AND SECURITY
You will receive a password from OpenHosting to provide access to and use of Your Service, and You agree to keep Your password confidential. You agree to immediately notify OpenHosting of any unauthorized uses of the Service or any other breaches of security. OpenHosting cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation.

8. COMPLIANCE
You represent and warrant that You are not a resident of any country or affiliated with any organization prohibited to do business within the United States as defined and set forth at: http://www.export.gov and http://www.treas.gov/ofac. You agree to comply with all applicable U.S. and non-U.S. laws, rules, regulations and orders, including, but not limited to, tax, export and import, embargo and trade sanctions, intellectual property, including copyright, content, sales, mail-order, commerce, and e-commerce laws and regulations.

9. INDEMNITY
You agree to indemnify and hold harmless OpenHosting, and its parents, subsidiaries, affiliates, or other partners, officers, directors, shareholders, employees, and agents, from any claim, demand, or investigation, including reasonable attorneys fees, made by any third party due to or arising out of Your Content, Your use of the Service, the goods or services offered or sold through Your Service, any alleged violation of these Terms, including any applicable OpenHosting Policy, law, or regulation, or any alleged violation of any rights of another, including but not limited to, Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. OpenHosting reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

10. MODIFICATIONS TO AND DISCONTINUATION OF SERVICE
OpenHosting reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that OpenHosting shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service. You will keep a back-up copy of all data hosted by OpenHosting. OpenHosting is not responsible for providing physical access to or copies of software, data, or content stored on OpenHosting’s equipment under any circumstances.

11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS. OPENHOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (b) YOUR USE OF THE SERVICE, THE SOFTWARE, AND ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA; (c) NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT (i) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPENHOSTING AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPENHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ERRORS, DEFECTS, OMISSIONS, DELAYS, OR ANY OTHER FAILURE OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. OPENHOSTING’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON OR IN ANY CIRCUMSTANCE, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO OPENHOSTING IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT OPENHOSTING HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. MISCELLANEOUS
Notices under these Terms shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to OpenHosting, such notices shall be addressed to OpenHosting, Inc., 8300 Boone Blvd., Suite 500
Vienna, VA 22182. If to You, such notices shall be addressed to the electronic or mailing address specified when You opened Your account, or such other address as either party may give the other by notice as provided above. OpenHosting may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Service. These Terms and the relationship between You and OpenHosting shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and OpenHosting agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia. The failure of OpenHosting to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Except as expressly set forth herein, You may not assign Your rights nor delegate Your duties under this Agreement either in whole or in part without the prior written consent of OpenHosting, and any attempted assignment or delegation without such consent will be void. OpenHosting may assign this Agreement in whole or part. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between OpenHosting and You. Neither OpenHosting nor You will have the power to bind the other or incur obligations on the other’s behalf. OpenHosting and You agree that there shall be no third-party beneficiaries to this Agreement.

OpenHosting respects the intellectual property of others, and we ask that You do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide our Copyright Agent for notice the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual-property interest; (b) a description of the copyrighted work or other intellectual property that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the site; (d) Your address, telephone number, and email address; (e) a statement by You that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual-property owner or authorized to act on the copyright or intellectual-property owner’s behalf.

These Terms constitute the entire agreement between You and OpenHosting and govern Your use of the Service, superseding any prior agreements between You and OpenHosting (including, but not limited to, any prior versions of these Terms) pertaining to this Service. If any provision of these Terms or incorporated documents 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 parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 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 the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The provisions of Sections 3, 5, 6, 8, 9, 11, 12, and 13, along with any other term that by its nature should survive, will survive any termination or expiration of these Terms.

Open Hosting Inc. (“OHI”) guarantees that your stored data and running virtual servers will be available over the internet for 100% of the time in any given calendar month, except for periods of unavailability due to:

• Scheduled maintenance which we have announced at least 24 hours in advance.
• Factors outside our control, including but not limited to any force majeure events; failures, acts or omissions of our upstream providers or failures of the Internet.
• Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses.
• Acts or omissions of you or your users.
• Software running within your virtual servers.
• Violations of our Privacy Policy and/or Law enforcement activity.
• Payments not covering your account use, including but not limited to when your subscriptions or commit level balance runs out.

If we fail to meet the guarantee detailed above, then you will be able to request a credit as detailed below, up to a maximum of 100% of your fee for capacity used during the previous 30 calendar days:

• Credit of 100 times the fees for any period of unavailability lasting more than 15 minutes, measured from the time at which you validly inform us at support@openhosting.com of the unavailability or the time at which our monitoring systems detect the unavailability, whichever is earlier.
• Credit of your entire fee for the previous 30 calendar days in case of permanent loss of your stored data.

In the event that we fail to meet the guarantee on more than one occasion within a period of 30 calendar days, then the credit that you may claim for any incident will be limited to the maximum of 100% of your fee for capacity used since the previous incident or 100% of your fee for capacity used during the previous 30 calendar days, whichever fee is lower.

To receive a credit, you must contact us at support@openhosting.com within 30 calendar days of the incident, specifying the start time, date and duration of the period of unavailability which forms the basis of your claim and the amount of credit claimed. We will be the sole arbiter regarding the award of credit and our decision will be final and binding. The award of credit by us to you as described in this Service Level Agreement will be the sole and exclusive remedy for unavailability of stored data or virtual servers or loss of stored data. Credits will only be provided against future service and for the avoidance of doubt may not be exchanged for cash or other forms of payment.

Open Hosting, Inc. (“OHI”) has created this Privacy Policy to record and explain our commitment to privacy, and as an agreement with our customers and with other third parties about our data-handling procedures. This policy lists the types of potentially private data OHI collects, explains how we use and protect that data, and discloses our key procedures surrounding privacy. This Privacy Policy applies to all OHI services (collectively, the “Service”) and to its websites: www.openhosting.com and www.openvps.com. 

THIS PRIVACY POLICY IS A BINDING AGREEMENT BETWEEN YOU AND OPEN HOSTING, INC. It forms part of a larger agreement between OHI and its customers, website visitors, and other users, consisting of the Terms of Service provided at www.openhosting.com, as well as the other documents referenced in the Terms of Service. Your use of the Service and of OHI’s website is voluntary; if you do not agree with the terms of this Privacy Policy, you should not provide us with any personal information, and you should leave the OHI website. By using our website or the Service, you signify that you agree with the terms of this Privacy Policy. We may change this Privacy Policy from time to time by posting a new version here (with a new Effective Date at the top), and the new version will become effective immediately.

The privacy of Open Hosting’s customers and affiliates is very important to us, therefore:

Open Hosting, Inc. does not sell or rent personally identifiable information.
Open Hosting, Inc. does not spam, and its policies forbid use of the Service for spam.

OHI automatically receives and records information from your computer and browser, including your IP address, OHI cookie information, software and hardware attributes, and the page you request. OHI uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Data Open Hosting, Inc. Collects

A. OHI collects and uses data from our customers, and from visitors to our website, as follows:

• Visitor Number Tracking: OHI tracks the number of visitors to Open Hosting’s website, as well as the pages they visit within the sites and the hyper-links they use (if any) to leave. This doesn’t involve collection of any personally identifiable information. We use this information to analyze interest in and usage of the website and the Service.
• Browsing Information: Open Hosting automatically receives and records information from your computer and browser, including your IP address, software and hardware attributes, and the page you request. We use this information for the following general purposes: to improve our services, contact you, and conduct research.
• Cookies: Cookies are pieces of information that a web site transfers to a user’s hard drive for record-keeping purposes while visiting a site. Like most web sites, Open Hosting uses cookies on certain pages of our Site. Cookies make using the Internet easier by, among other things, saving your passwords and preferences for you. Open Hosting may also use cookies to deliver content specific to your interests, and for other purposes. Open Hosting’s cookies do not contain any personally identifying information.
• Data Provided Through Inquiry Forms: Website visitors interested in the Service can fill out a sales inquiry form at the site. Those forms request company name, individual name, title, address, telephone number(s), and email address(es), as well as technical and business information related to the Service. Open Hosting uses this information to contact the potential customer and to discuss Service parameters. We also use the information to generate statistics regarding interest in the Service. We might share these statistics with third parties, but they don’t include any personally identifiable information.
• Customer Account Information: When customers sign up for the Service, and during their Service relationship, we collect some or all of the following: company name, individual name, title, address, telephone number(s), email address(es), credit card number, and choice of service package. We also record and retain most written communications with customers, including trouble tickets, support requests, and payment history. Open Hosting uses this information for customer support. We also use contact information to send customers Service-related announcements, including newsletters and notices of new Service features and related products and services provided by Open Hosting partners. Customers can opt out of new product/service notices by sending an email to support@OpenHosting.com, or by following the unsubscribe instructions at the bottom of any one of the email notices. (However, current customers may not opt out of necessary Service or account maintenance notices.) Finally, we generate statistical information regarding our customer-base and use it to analyze our business. We might share this statistical information with third parties, but it doesn’t include any personally identifiable information.

B. Open Hosting also sometimes: (1) tracks the IP addresses of computers communicating (via e-mail or any other mechanism) with our customers’ systems; and (2) inspects data packets solely for the purpose of trending and archiving specific threat types. Data described in the preceding sentence may include personally identifiable information, including information belonging to our customers’ own customers and their website visitors. Open Hosting uses this data solely to maintain the security of the Service.

Hosted Data

A. Through the Service, Open Hosting provides computing and network infrastructure that hosts Internet communications and other applications. As a result, our infrastructure stores and transmits information about customers’ businesses, as well as information collected by those businesses. We refer to all such information that we do not actively collect as “Hosted Data.” Hosted Data may include personally identifiable information and other information that belongs to our customers’ own customers, website visitors, or other users.

B. Open Hosting is a passive recipient of Hosted Data: we take no active part in collecting it, and generally we do not access its content. However, Open Hosting staff may occasionally access Hosted Data through delivery of services and support to customers. For instance, staff may come into contact with Hosted Data by verifying back-up and restore processes, by verifying that applications are running properly, or through debugging efforts.

Use of Personally Identifiable Information and Hosted Data

A. Open Hosting doesn’t share personally identifiable information or Hosted Data under any circumstances, except as provided in paragraph B below and except: (1) as requested by law enforcement agencies, required by law, or otherwise necessary to comply with legal obligations; (2) to maintain the security of the Service and of Open Hosting’s own network and data, including by assisting third party claimants in investigating security breaches; (3) to collect money owed to Open Hosting, including through legal proceedings; and (4) to identify, contact, or take legal action against customers or third parties violating Open Hosting’s Terms of Service, interfering with property rights or with the Service, or breaking the law. Open Hosting doesn’t access or use Hosted Data except through provision of debugging and related services, as described under “Hosted Data” above, and for the reasons listed above. In addition, in the event that Open Hosting or substantially all of its assets are acquired, customer information will of course be one of the transferred assets. Open Hosting is the sole owner of any and all information collected through the use of the Site.

B. Open Hosting sometimes employs independent contractors to help run the Service, and such contractors may have access to data, similar to the access we give our employees.

Data Protection

Open Hosting takes precautions to ensure that access to databases containing customer information is available only from within Open Hosting’s internal network. Further, we typically encrypt financial information during transmission, or use secure protocols. No protocol, encryption, or other precaution can provide complete security for electronic data, so we don’t provide a guarantee of security.

Changing Account Information

Customers can change their account information. Most customers can do so via OpenHosting’s online customer portal at www.openhosting.com. All other customers can access and change account information by contacting their Open Hosting billing department at support@openhosting.com.

Reporting Misuse of Data

Customers and other third parties should contact Open Hosting about any suspected misuse of their personally identifiable information or other data. All such inquiries or complaints should be directed to us via email to support@openhosting.com.

Not Applicable to Third Party Data Handlers

This Privacy Policy doesn’t address use of data by our customers or by other third parties, even if the data is stored on one of Open Hosting’s computers or collected through a website we host (Hosted Data), or collected through a website linked to our website. Open Hosting is not responsible for use or misuse of data by any third party, including any Open Hosting customer or the operator of a website linked to one of our websites.