1. Introduction

The following Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) apply to the use of our website aegeanhost.com, aegeanhost.eu, aegeanhost.be, aegeanhost.fr, aegeanhost.es, aegeanhost.it, and all services, features, and/or content provided by AegeanHost (“AegeanHost,” “we,” “our company”). AegeanHost and Aegean Host are trade names of AegeanHost Μονοπρόσωπη Ι.Κ.Ε. By purchasing one or more services from AegeanHost, you declare that you have read, understood, and agreed to be bound by these Terms of Use. The latest version of our terms of use is always available on the AegeanHost website. It is necessary to read these Terms of Use before purchasing any service(s) from AegeanHost.

2. Application of the Terms

2.1. These Terms of Use apply to all services provided by AegeanHost to you during the entire Period or Renewal. The Terms of Use consist of the following: Service Terms, Usage Policy, Domain Name Agreement, Copyright Infringement Policy, Privacy Policy, Cookie Policy, and Data Processing Agreement. Collectively, these documents are referred to as “Terms of Use.” If referring to a specific paragraph in this document, they are referred to by their individual names.

2.2. The Terms of Use, together with your order, constitute the overall Agreement relating to the services and replace any other previously established agreement between you and AegeanHost. Submitting an order to AegeanHost signifies your acceptance of these Terms of Use.

2.3. Additionally, in addition to these Terms of Use, all domain name registrations are subject to the terms and conditions specified in the Domain Name Agreement, which is an integral part of these Terms of Use. The Domain Name Agreement incorporates by reference the terms, rules, and regulations therein.

2.4. In these Terms of Use, we reference certain legal rights you have as a Consumer. These Terms of Use do not affect or alter these legal rights.

3. Order Acceptance by AegeanHost

3.1. In these Terms of Use, the manner in which you select which Service(s) you wish to purchase or renew is referred to as an “Order.” New customers must purchase our Services through our website, while existing customers can purchase or renew Services through the AegeanHost User Area or by contacting our customer support team through chat, phone, or request. You acknowledge and agree that all communications with our customer support team will be recorded, and the records of these communications will be considered an Order for the purchase or renewal of the respective Service(s).

3.2. The date on which you submit your Order to purchase the Service(s) will be considered the Effective Date of this Agreement. The Duration of the Service(s) will commence from the Effective Date. At the end of the Duration, it may be renewed as described in our Renewal Policy.

3.3. You must be at least eighteen (18) years old when submitting your Order. By submitting an Order, you declare that you are eighteen (18) years of age or older and have the legal capacity to enter into an agreement with AegeanHost.

3.4. If you submit an Order on behalf of a legal entity, you declare and warrant that you have the legal authority to bind that legal entity to these Terms of Use, in the event the terms “you” or “your” refer to that legal entity. If AegeanHost determines that you do not have the legal authority to bind that legal entity, you will be personally responsible for the obligations under these Terms of Use.

3.5. By submitting an Order to purchase our Services, you declare that there are no other restrictive conditions preventing you from entering into an agreement with AegeanHost and that you are not subject to commercial restrictions, embargoes, and other limitations.

3.6. You understand and agree that all Orders may be subject to automatic compliance checks to determine whether they meet our financial, security, and other reasonable criteria (Fraud Check). If your Order is flagged for review by any of these checks, it may require manual review and approval by us. For this reason, we may request additional information from you before we can approve and accept your Order. We will make commercially reasonable efforts to review these Orders within reasonable time frames, but are not responsible for any delays.

3.7. By submitting an Order to purchase our Services, you agree and explicitly express your consent for the use of all the personal data you provide to conduct compliance checks and anti-fraud measures. You agree and explicitly express your consent to the disclosure of your personal data to third parties or for obtaining information about you from third parties. Refer to our Privacy Policy for more information on how your data is used.

3.8. Orders that do not pass our Fraud Check will not be approved, and Services will not be provided. If an Order fails the Fraud Check, you will receive an official notification that your Order has been canceled. We cannot provide further information about the reasons a specific Order did not pass the Fraud Check. In case your Order is canceled, and Services are not activated, AegeanHost will reimburse you for all prepaid fees within seven (7) business days from the date of the official notification by AegeanHost that your Order has been canceled. There is no liability for the payment of any compensation, damages, or claims related to orders that were not approved due to a failure in the Fraud Check; no interest or other charges will be incurred on the prepaid amounts.

4. Personal Data, Data Processing Agreement

4.1. To purchase and use our Services, you will need to provide personal data. For the purposes of these Terms of Use, personal data will have the meaning as defined in our Privacy Policy. Refer to our Privacy Policy for full information regarding the personal data we collect, how we process it, and disclose it.

4.2. By uploading and storing content on our servers, you acknowledge and agree that AegeanHost will act as a data processor regarding your content. The relationship between you and AegeanHost concerning the processing of your content is determined in our Data Processing Agreement (DPA), which is an integral part of our Privacy Policy and these Terms of Use.

5. Services

5.1. For the purposes of these Terms of Use, the term “Service” or “Services” refers to all the services provided by AegeanHost under these Terms of Use, including, but not limited to, any of our subscription plans for hosting services, additional features, website migration services, Domain Name registration services, support services, third-party products and services, as well as other services that may be provided occasionally, as described in the section of our website outlining individual Services (Product Pages).

5.2. The Services will be provided to you as configured for our typical customer. We may modify, update, or upgrade the Services and/or add, remove, or modify any software, functionality, or settings installed on or used by the Services at any time, with or without prior notice. You will have the sole responsibility for configuring the Services to meet your functional, privacy, and security needs. Your hardware, software, and any other items you consider necessary for using the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your usage.

5.3. To the maximum extent permitted under national law and without affecting your rights as a consumer, the Services will be provided “as is.” Hardware configurations may vary. AegeanHost may replace your hosting server hardware, move it from one data center to another, transfer your account to another server, including to a server in a different data center or geographic location, or modify certain software configurations when AegeanHost deems it necessary to ensure the quality and security of the Services.

5.4. The third-party software provided as part of the Services will be provided “as is” and is subject to availability, along with all disclaimers of warranty and limitations of liability defined here. Such software may have terms and conditions that are additional to those set forth in these Terms of Use. You must agree to these terms to use the software. If you do not, you will not be able to use the Services. Terms and conditions regarding third-party software are referenced, and links to any such terms and conditions are available in an appendix to these Terms of Use.

5.5. We may assign an Internet Protocol (“IP”) address for your use. You have no right to use this IP address except as permitted by AegeanHost directly concerning the use of our Services. AegeanHost will retain ownership of all IP addresses assigned to you by AegeanHost. We reserve the right to change or remove any IP address at our sole discretion. You acknowledge and agree that shared IP addresses assigned to you by AegeanHost may be used by other customers.

5.6. We provide certain Services designed for filtering unwanted emails. Depending on the Services specified in your Order, email filtering may be enabled by default. In other cases, it may be available as an additional paid Service. Email filtering may result in the capture of certain legitimate emails and the inability to capture certain unwanted emails that may contain spam, phishing scams, and viruses. We recommend applying additional layers of protection. Email captured by our filtering system is not covered by our SLA.

6. Service-Level Agreement (SLA)

6.1. AegeanHost’s Service-Level Agreement defines the performance you can expect from us. To the maximum extent permitted under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for network, software, hardware, or equipment downtime or any failures.

6.2. We guarantee network uptime of 99.9% annually. If we fall below the guaranteed network uptime, we will compensate you as follows:

99.9% – 99.00% uptime: 1 month of free hosting.
An additional month of free hosting for each 1% of uptime you lose below 99.00%.

6.3. You can check the status of your server’s network uptime from your User Area. You can contact our customer support team if you believe an SLA event has occurred. Compensation is limited to the duration of your current Period, but cannot exceed twelve months.

6.4. The following events are not considered in our network uptime calculation:
Scheduled maintenance.
Emergency maintenance, hardware and software failure repair within 1 hour.
Downtime caused by changes to DNS and/or IP addresses for which you have been informed but have not configured.
Distributed Denial of Service (DDoS) attacks, hacker attacks, and similar events.
Downtime caused by you, your configuration, or third-party applications you use.
Downtime caused when you reach the resource limit of your package.
Downtime caused by a violation of these Terms of Use or any other policy announced on our website.
Downtime during the upgrade/downgrade of your Cloud or Dedicated Server resources.
Downtime during the processing of technical support requests.
Force majeure or any event beyond our control.

6.5. The calculation of network uptime is based on our internal records. We will not accept reports from third parties as evidence of your right to compensation under this SLA.

7 Fees and Payment

7.1. You are responsible for the payment of the fees specified in the Order, in the currency specified in the Order (Fees). All fees must be paid in advance for the entire period or renewal as specified in the Order.

7.2. Current fees and payment methods are listed on our website. Unless there is a specific agreement for the use of the Services between AegeanHost and you, you acknowledge and agree to pay the fee for the respective Services listed on our website at the time you place your Order. AegeanHost reserves the right to change the fees at any time without notice. Fee changes will take effect immediately and will apply to you from your next purchase or renewal.

7.3. All fees listed on our website are exclusive of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes imposed on the Services.

7.4. In some cases, your payment provider may charge you a fee for foreign transactions or other charges, which may be added to the final amount displayed on your bank statement or posted as a separate charge. AegeanHost has no control over such fees.

7.5. Timely payment is essential. Your account(s) will not be activated or renewed until all outstanding fees are paid to AegeanHost. Domain registration fees must be paid in full before processing your domain name registration.

7.6. For payments via Credit Card, PayPal, or a similar online payment provider, immediately after submitting your Order, you will be redirected to the payment provider’s website to authorize the payment. You acknowledge and agree that payment processing will be subject to the terms, conditions, and privacy policies of the respective payment processors, except for this Agreement. After the transaction is completed, you will be redirected back to our website. If your card issuer refuses to authorize the transaction, we will not be responsible for the non-provision of the Services.

7.7. You acknowledge and agree that your payment details will be stored by our payment providers for processing payment for any AegeanHost Services you purchase or renew.

7.8. Our obligation to provide the Services depends on the payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.

7.9. In case of late payment of any due fees for any reason, we may suspend and/or terminate your Services. We are not responsible for any deletion or loss of customer content resulting from any suspension or termination of the services due to non-payment of fees. Reinstating the service after it has been suspended due to late fee payment incurs a charge of €50.00.

7.10. They do not support automatic renewal of services, except where the required credits are available in your account. You are responsible for renewing all your services, and AegeanHost has no responsibility for the renewal or non-renewal of your services.

7.11. Some Services may be available to you for free. Such services can exclusively be used by you during your current Period and cannot be transferred to other hosting accounts or third parties. Upon the expiration of your Agreement, such services will also expire.

7.12. By accepting these LIMITATIONS, you authorize AegeanHost to send you invoices electronically to the email address you specify in your User Area. If you wish to receive a paper invoice, please contact us through the User Area.

7.13. If you believe there is an error in your billing, you must contact us in writing immediately. We mutually agree to cooperate in good faith to resolve any billing discrepancies. If you contact your credit or debit card company and initiate a “chargeback” based on this disagreement, we may suspend your Services until the disagreement is resolved. To reinstate your Services, you must first pay all outstanding fees.

7.14. Refund requests are processed as per our refund policy. We will apply any refund using the same method of payment that you used for the initial transaction, unless we have expressly agreed otherwise. AegeanHost is not responsible for delays in refunds due to processing institutions or the expiration of the original payment method.

7.15. With your prior consent, we may process a refund as a credit added to your customer account (AegeanHost Wallet) to be used for future purchases and/or renewals of our Services. The amounts in the AegeanHost Wallet (Credits) can be refunded upon your explicit request.

8 Renewal Policy

8.1. All our services are not set for automatic renewal, unless there is a balance available in your AegeanHost Wallet (Credits).

8.2. All available renewal terms and corresponding renewal fees are defined in your User Area. Occasionally, special offers may only be available for manual renewal of your services.

8.3. We will send you a renewal invoice 10 days before the expiration of the service, and in case of non-immediate payment, we will send you a reminder in the next time frame before the account expiration date. With the account’s expiration date, please be aware that the service will be suspended due to non-payment of the account.
In the case of an account related to domain name renewal, a special fee for expired domain names imposed by the registries may be added to the account.

8.4. You acknowledge and agree that the services will terminate upon the expiration of the period if the renewal invoice is not paid before the expiration date. If you have added funds to your AegeanHost Wallet (Credits), the service will be renewed immediately upon invoice issuance.
You agree that AegeanHost is not liable for any damages, including but not limited to, loss of profits, cost savings, revenue, business, data, or use, or any other financial loss to you or any third party for any reason.

9 Money-Back Police

9.1. If you no longer require a service you have purchased or are dissatisfied with its performance, you may cancel it at any time. We recommend submitting cancellation requests through your User Area.

9.2. Our money-back policy covers initial orders for Web Hosting, Cloud NVMe SSD Web Hosting, Semi Dedicated Web Hosting, and Managed WordPress Hosting. For the initial period after the activation of the account, we will issue a full refund for Mini Web Hosting, Web Hosting, Cloud NVMe SSD Web Hosting, Semi Dedicated Web Hosting, and Managed WordPress Hosting accounts and services canceled within 100 days from their activation, and for Fully Managed VServer accounts canceled within 14 days from activation. We will issue a full refund if the cancellation is requested within the above time frame from the date of purchase.

9.3. Simple Reseller plans are eligible for a refund only if the complete Simple Reseller package is canceled/terminated within 100 days from the activation of the account. The money-back policy does not apply to the expiration of individual accounts within a Simple Reseller package.

9.4. Services that are specifically customized for you are not covered by our money-back policy. These include domain name registration, Dedicated Server services, SSL certificates, paid support services, including backup creation and restoration, and third-party services. In any case, domain name fees are non-refundable and may be due upon cancellation, even if initially waived as part of a special offer.

9.5. Within the maximum extent allowed by national law and without affecting your rights as a consumer, the money-back policy constitutes your sole and exclusive means of withdrawal from this Agreement.

10 Upgrade/Downgrade of Services

10.1. You can choose to upgrade or downgrade your hosting services at any time. All available upgrade options are listed in your User Area and are subject to the fees specified on the respective product pages. When upgrading Web Hosting, Cloud NVMe SSD Web Hosting, Semi Dedicated Web Hosting, Managed WordPress Hosting, or Simple Reseller services, the Upgrade Fee covers the difference in fees between the two programs. When upgrading to a Fully Managed VServer or Dedicated Hosting service, you must select a new term, and any pre-paid amounts remaining from your previous service will be prorated and applied as an extension to your new term.

10.2. You may choose to downgrade your services only if:

Your service has not previously exceeded the parameters of this package, and
Your content does not require server configuration different from the standard server configuration. Different server configuration includes, among other things, storage size, installation of special PHP or Perl add-ons, opening special ports, different MySQL versions, and/or SSH access.

10.3. You can request a downgrade through our HelpDesk. We may refuse to process your request if your account does not meet the downgrade requirements or if we find the new program unacceptable for your website. Any additional or free services that are not included or are incompatible with the new program will be terminated. During the downgrade, we will prorate the fee difference between the two programs for any full months remaining from your term and apply it as additional time to your new program. If no full months remain, your service will maintain its current term.

11 Customer accounts

11.1. If you are a new customer, by purchasing our services, you will create a customer account. Your customer account includes your personal information and provides you access to the user area, where you can access, check, update, and manage services, payments, and contact information.

11.2. If you purchase services on behalf of another person or entity, ensure that you manage their customer account in good faith and in the best interest of the end user. You will hold us harmless from any losses and liabilities we may incur if you manage the account in ways that are contrary to the end user and result in any claims against us.

11.3. Logging into your user area requires the use of a username or email and a password. You agree not to use another user’s account, profile, username, or password at any time. You are solely responsible for the security of your login credentials. Furthermore, you must keep all passwords confidential and take security measures to prevent unauthorized access. For security reasons, AegeanHost strongly recommends using different passwords for different customer accounts and service providers, avoiding the use of any feature that stores or saves your credentials, and regularly updating your password.

11.4. As an additional security measure, you may enable two-factor authentication (2FA) for your user area. Follow the instructions in your user area to activate/deactivate 2FA. If you choose to install and use a 2FA application on a device (e.g., phone or tablet) that has been compromised in any way, you do so at your own risk.

11.5. You are solely responsible for the activity that occurs on your account, whether the activities are undertaken by you, your employees, or a third party. You are also responsible for maintaining the security of your account password. Furthermore, you should notify AegeanHost immediately in case of a security breach or unauthorized use of your account at the following email address: privacy@AegeanHost.com.

11.6. You are responsible for providing and maintaining accurate, up-to-date, complete, and precise information. If you fail to do so, we will not be liable if we grant access to your account to another person.

11.7. For clarity, the individual or entity whose personal data is entered into the ‘My Details’ section of the user area is considered by us to be the account owner (Account Owner). Domain names belong as described in the current rules of ICANN. If you purchase a domain name on behalf of a third party and a dispute arises regarding the management of that domain name, you agree to pay all registration fees during the dispute.

11.8. It is your obligation to ensure that you correctly denote the ownership of your account. If a dispute arises regarding ownership, the account may be locked until the parties in dispute reach a resolution, or until the matter is settled in court.

12 Use of Services, Customer Responsibility

12 .1. You acknowledge and agree that your use of the Services and any content you upload, store, publish, and display on our Services must comply with these Terms of Use and all applicable laws, including the laws of the jurisdiction where you upload, host, store, access, or use the Services. You must apply any restrictions necessary to prevent the use of the services by third parties or, in any jurisdiction, as required to comply with such laws.

12 .2. You must ensure that each of your End Users complies with these Terms of Use and any policies and agreements incorporated by reference.

12 .3. You are not allowed to upload, store, publish, or display any personal data, private or any other information that can personally identify individuals, images, videos of minors, or any third party without the consent of the concerned party (or the consent of the parent in the case of a minor). If you use the Services to upload, store, publish, display, or otherwise disclose such information, you acknowledge and agree that you have obtained the prior consent of the relevant parties.

12 .4. You must not use our Services to host websites for high-risk activities where the interruption or malfunction of the Services could have serious consequences, including but not limited to personal injury, death, environmental damage, etc. For such websites, you must obtain confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include, but are not limited to, nuclear facilities, air traffic control, life and health support, etc. Please refer to our Acceptable Use Policy for detailed information about the rules and guidelines for using our Services.

12.5. You are responsible for providing accurate and complete information about yourself and your organization (if purchasing on behalf of an organization) and for promptly updating all provided information. We will not be responsible for any errors or damages resulting from your failure to provide complete and accurate information.

12.6. You are responsible for all your activities related to the use of our Services and the activities of any user who has access to your account, whether a Customer or the Services.

12.7. You declare that
(i) you possess the technical knowledge necessary to ensure the proper use, management, and administration of our Services,
(ii) you have sufficient knowledge to manage, design, and operate the functionalities facilitated by the services that are necessary for you to benefit from them.

12.8. You acknowledge and agree that if you use our Services or manage the services on behalf of others, you must ensure that each of your customers and/or End Users complies with these Terms of Use. You understand and agree that you are responsible for all content uploaded, stored, or transmitted on the Services and for all actions or omissions of your customers or End Users that violate these Terms of Use or the law.

12 .9. When using the Services, you will ensure that neither you nor any of your End Users will use the Server resources harming AegeanHost or other AegeanHost customers.

12.10. You will indemnify, defend AegeanHost, as well as its directors, shareholders, employees, and representatives, against all damages, claims, obligations, losses, and other expenses, including, without limitation, attorney’s fees, whether or not a lawsuit or other proceeding is filed, arising directly or indirectly from your actions or omissions or those of your End Users.

12.11. You must acquire all the necessary equipment to access and use our Services. It is your responsibility to use equipment, software, or applications that are compatible with our Services. When accessing or using our Services, you are not allowed to use equipment and/or software that is faulty or exhibits malfunctions that could potentially compromise the security of our servers, harm the integrity of the network, or make our Services vulnerable.

12.12. You are solely responsible for obtaining all intellectual property rights for the intellectual property rights of others, including but not limited to any sublicenses and authorizations required for the use of names, trademarks, or any content and materials you use in the Services or transmit through the Services.

12.13. If you use any third-party software in the Services, you must ensure that you have a valid license for its use and that the license provides adequate rights to AegeanHost for the provision of the Services. You agree to provide us with such licenses upon request. If you fail to provide reasonable licensing information, AegeanHost, at our discretion, may suspend the Services and/or terminate the Agreement with immediate effect.

12.14. You acknowledge and agree that AegeanHost may periodically execute a series of checks on your Services (inspection) to determine which third-party software is installed on the Services and how many users have access to each piece of software. You authorize us to disclose the results of these checks to third parties. Furthermore, you will indemnify AegeanHost in accordance with the cost, claims, losses, damages, obligations, demands, and expenses, including reasonable legal expenses, that arise and/or are supported as a result of any failure on your part to provide appropriate third-party software licenses.

12.15. You will provide to AegeanHost, at your own expense, any information, resources, or installations reasonably requested by AegeanHost for the delivery of the Services, and, if necessary, ensure that your employees and other suppliers fully and promptly cooperate with AegeanHost for this purpose.

12.16. Any instructions you provide to AegeanHost must be complete and accurate and be clearly readable. AegeanHost will not be held responsible for any errors caused by your failure to provide complete and accurate information. It is your obligation to follow our instructions and cooperate with us for the proper provision of our Services.

12.17. You acknowledge and agree not to make any modification or alteration to any part of our Services or related technologies.

12.18. You acknowledge and agree not to modify, copy, distribute, transmit, display, execute, reproduce, publish, license commercially, create derivative works from, transfer, or sell any content, software, or services contained on our website, unless expressly authorized.

12.19. You acknowledge and agree that any information, articles, educational videos, instructions, or technical support provided by us are for your convenience only and do not constitute official statements.

12.20. You are responsible for creating backups of all the content that is uploaded, stored, published, and displayed on our Services, on a location independent of ours, and you should not use our backup Services as your sole backup copy.

13 User Content, Monitoring of User Content

13.1. You can upload, store, publish, display, and disclose information, text, files, emails, images, designs, graphics, photos, videos, sounds, software, and other content in the Services (“User Content”). User Content includes any content that you or the users of your hosted websites via the Services have posted. You are solely responsible for any User Content and any transactions or other activities conducted on the User Websites or through them. By posting or disclosing User Content on the Services, you declare and guarantee to AegeanHost that (i) you have all the necessary rights to display and disclose such content, and (ii) your posting or disclosure of User Content does not violate the rights of AegeanHost or any third party.

13.2. Only for the purposes of providing our Services, you explicitly consent to grant us a global, non-exclusive, rights-free, perpetual, revocable right and license to (i) use, modify, publicly perform, publicly display, reproduce, assign (in whole or in part), publish, distribute User Content, including creating backup copies of User Content and User Websites without any payment. Except for the rights explicitly granted herein, AegeanHost acquires no rights, title, or interest in User Content, which will remain solely in your possession.

13.3. AegeanHost will not exercise control and is not responsible for User Content or any other information passing through our Services. AegeanHost may monitor User Content, but is not obliged to do so. If you or your End Users post or publish any material that violates these Terms of Use or otherwise violates these Terms of Use, to resolve the issue, AegeanHost reserves the right to review your content and immediately take any corrective action, including, without limitation, removing all or part of the User Content or User Websites, suspending or terminating any or all services without a refund. You hereby declare that AegeanHost bears no responsibility due to or arising from any corrective action that AegeanHost may undertake.

14 Technical Support

14.1. Technical Support Services:

14.1.1. We provide technical support for matters related to the functionality of any Service and features purchased from us. Our technical support is available to all customers and is provided as-is and as available.

14.1.2. We aim to provide support promptly and efficiently; however, we cannot guarantee that all requests will be resolved within the advertised timeframes on our website.

14.1.3. You can request technical support through our HelpDesk. Technical support will be provided via phone, chat, and/or ticket requests. Depending on the issue, we may not be able to provide assistance through all communication channels, but we will suggest one or two channels where support can be provided.

14.1.4. If you request technical support, you agree that we may have full access to your Services and/or your Content. It is your responsibility to create and maintain a backup of your data and files before requesting technical support. You are solely responsible for the instructions you provide to us as part of the technical support request. You understand and agree that the modifications we make to address technical support issues may affect the functionality of your website and/or services. It is your responsibility to ensure that your website is operational, and the Services are configured to your needs after we complete the work on your request.

14.1.5. If your request for technical support exceeds that of similar customers or falls outside the scope of our free technical support, we reserve the right to deny service related to that request.

14.1.6. To the maximum extent permitted by national law and without affecting your consumer rights, all technical support is provided as-is and is subject to warranty disclaimers and liability limitations as defined in these Terms of Use. While we make reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the outcome you expect or that a problem will not recur. We reserve the right not to process your technical support requests if: (i) you violate these Terms of Use, (ii) you are offensive to our employees, (iii) the need for Technical Support Services results from any modification or attempted modification of the Services made by you or any third-party beyond AegeanHost’s control, or (iv) your failure or refusal to implement changes recommended by AegeanHost. We may refuse any request that requires changes that are incompatible with the Services or not related to them, or that may pose a security risk or compromise their performance.

14.2. Scope of Free Technical Support

14.2.1. We provide free technical support for matters related to our hosting platforms and features, including:
Matters related to the operation and functionality of our services, including issues related to uptime and stability of our services.
Matters related to the proper functioning of AegeanHost’s client area, including tools and features provided by AegeanHost, such as automated updates, temporary storage, backup creation, control panels, and others.
Assistance with settings and proper usage of tools and features provided by us.
Questions related to domain registration, renewal, and transfer to us, DNS or WHO IS updates. For issues related to transferring a domain from AegeanHost to another hosting provider or registrar, our support is limited to ensuring the domain is in a transferable state according to the requirements of the respective domain extension.

14.3. Out-of-Scope Technical Support Matters

14.3.1. Some matters are outside the scope of our free technical support:
Matters related to the installation of third-party applications not provided by AegeanHost.
Questions regarding code, database optimization, performance testing, installation of new software on the server, changing your server’s current configuration, and more.
Matters related to website design, website development, and customization.
Questions related to script functionality, optimizations, SEO services, themes, or extensions.
Matters related to security audits of websites and issues with cleaning malicious code.

14.3.2. If you request technical support for matters outside the scope of our free technical support, we may offer assistance directly from us, subject to availability and at an additional cost. We will inform you and obtain your consent before charging you for technical support. Charges for technical support must be paid in advance.

15. Backup Services

15.1. You acknowledge and agree that it is your responsibility to regularly back up all of your content to prevent potential data loss. We will make commercially reasonable efforts to create backup copies of the data stored in your hosting account. We will not create backup copies of files containing temporary or transient data that cannot be retrieved in a useful state.

15.2. You agree to maintain independent backups of your content beyond those retained by us. If you use our Backup Services, you acknowledge and agree that for technical reasons, a backup copy may not be available for retrieval upon your request. Examples of technical reasons include, but are not limited to, an excessive number of files in the backup copy, backup software failure, storage failure, or corrupted backup files.

15.3. We maintain a limited number of backup copies of your account, as specified on the respective product page. If you upgrade/downgrade the Services, we may delete old backup copies created under your previous package and start new backup copies of your data.

15.4. Your account and backup copies of your data may be hosted in various data center locations. You acknowledge and agree that, for service provision purposes, your backup copies may be stored on servers in different countries, regions, or continents, and in case of an emergency, they may be retrieved on servers outside your selected data center location. All applicable data protection regulations and agreements defined in our DPA will be observed when transferring data outside their location.

15.5. You agree to inform us through your User Area in case of any malfunction of the Backup Services and provide us with a reasonable time to resolve the issue. If you are not satisfied with the results of any Backup Restoration, it will be your responsibility to recover your files and data from your own backup copy. If we provide you with data from a backup copy, it will be provided to you as raw data, and you may need to reconfigure that data to reflect a previous configuration or use. If you purchase Backup Services from us, our only obligation is to recover your data from a backup copy.

15.6. To the maximum extent permitted by national law and without affecting your rights as a consumer, our Backup Services are provided “as is” and are subject to all the liability limitations provided in these Terms.

16. AegeanHost Content and Intellectual Property Rights

16.1. AegeanHost retains the intellectual property rights related to the provision of the Services. AegeanHost grants you a non-exclusive, non-transferable, limited license to access and use the Services during the Subscription Period or any New Renewal Period. All trademarks, product names, services, software, scripts, source code, content, photos, graphics, videos on our website, logos, or slogans (“AegeanHost Content”) used by AegeanHost belong to AegeanHost or are licensed to it. You acknowledge and agree not to modify, copy, reproduce, receive, transmit, distribute, sell, license, publish, broadcast, create derivative works, or store AegeanHost Content for purposes other than the use of our Services without our prior express written consent.

Unless stated otherwise in these Terms, you hold all rights, titles, and interests in the information you place on our servers in accordance with the Services. If you provide feedback to us about your ideas and suggestions related to the Services, we have the right to use this information to improve our business processes. You have no rights to any intellectual property based on an improvement of our business that is based on such feedback.

16.2. You are welcome to provide us with written or oral testimonials about our Services in relation to your use of the Services. You acknowledge and agree that, at our discretion, we may use your testimonial for the promotion of our Services online and on social media. In addition to using your testimonial, you agree and consent to AegeanHost publishing your name, voice or likeness, profession, website, video, and/or contact information in relation to the publication of the testimonial. If you wish to withdraw your consent, please send your request to privacy@aegeanhost.com

17. Third-Party Links

17.1. Our website and our Services may contain links to other websites operated by third parties or contain content provided by third parties. You understand and agree that AegeanHost has no control over such third-party websites or their content and bears no responsibility arising from your use of these third-party websites or their content. AegeanHost assumes no responsibility for any legal documents (agreements, terms and conditions, policies, etc.), content, and practices of third-party websites. The existence of any third-party links does not imply endorsement of these websites, their content, or their operators by AegeanHost. AegeanHost includes these links solely for your convenience.

17.2. You acknowledge and agree that third-party links on our website may contain tracking by partners, and AegeanHost may collect a share of sales or other compensation from these specific links.

18. Warranties

To the maximum extent permitted by applicable law and without affecting your rights as a consumer, you acknowledge and agree that the Services are provided by AegeanHost “as is,” and you assume all risks and liabilities arising from or related to your use and reliance on the Services, and that AegeanHost makes no representations or warranties in relation to them. AegeanHost expressly disclaims all representations, warranties, and conditions, whether express or implied, including any representation or warranty regarding the quality, performance, merchantability, or fitness for a particular purpose of the Services. Additionally, AegeanHost explicitly disclaims any express or implied obligation or warranty for the services that could be interpreted to require AegeanHost to provide the Services in such a way as to make the Customer comply with any law, regulation, rule, or court decision applicable to the actions or operations of the Customer. Without limiting the generality of the foregoing, we do not warrant that the Services will meet all or any of your needs or operate in all the combinations you may choose for your use, or that the operation of the Services will be uninterrupted, error-free, or entirely secure. No employee or supplier of AegeanHost is authorized to make any warranty on our behalf, and if they make such warranties, AegeanHost will not be bound by them.

19. Liability Limitation

To the maximum extent permitted by applicable law and without affecting your rights as a consumer, you agree that you will not hold AegeanHost, its directors, employees, licensors, and/or third-party service providers liable under any circumstances, including negligence, for any direct or indirect damages of any kind and nature suffered by the Customer or third parties. This includes, but is not limited to, damages for loss of profits, cost savings, revenue, business, data, or use, or any other financial loss that may arise from:

Delays, malfunctions, interruptions, and other interruptions in the provision of the services due to events beyond our reasonable control e.g., force majeure, acts/actions of third parties, including licensors and suppliers of AegeanHost, defects and malfunctions of machinery, software, and other equipment, whether owned by us or by our licensors/suppliers, acts and/or omissions made by Customers that contradict their obligations under these Terms, loss of data due to defective hardware or software, any information, data, content accessed or provided through our technical support services, or the use of the services by you.

You agree that the aforementioned limitations apply whether based on warranty, contract, tort, or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event will our liability be greater than the total amount for any breaches, defects, or liability claims based on these Terms or any other agreement or document for an amount greater than the actual fee you paid to us for the respective Services during the twelve-month period preceding the claim that gives rise to such liability. In certain legal jurisdictions, the limitation or exclusion of liability for complaints or consequential damages may not be allowed. You agree that in these legal jurisdictions, our liability will be limited to the maximum extent permitted by law, and your rights as a consumer will not be affected.

20. Indemnification

You acknowledge and agree to indemnify, defend, and hold harmless AegeanHost, its subsidiaries, parent, and affiliated companies, as well as their providers and any of their respective directors, employees, shareholders, and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against all claims, damages, losses, liabilities, lawsuits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, claimed, or filed by third parties against any of the indemnified parties and arising out of or related to:

(i) Your use of the Services,
(ii) Any breach by you of these Terms of Use, our policies or documents incorporated herein, or any law,
(iii) Any violation of your statements, warranties, or commitments contained in these Terms of Use, or
(iv) Any actions or omissions by you.

The terms of this section survive any termination of these Terms of Use. For the purposes of this paragraph and only for the purposes of paragraphs (i) to (iv), the term “you” as defined in those paragraphs includes you, End Users, visitors to your website, and users of your products or services. The terms of this Article shall continue to apply even after the termination of the Agreement.

21. Duration And Termination

21.1. The Duration for each Service you purchase will be specified in the Order. The Duration can be extended as described in our Renewal Policy or terminated as described below. For clarity, the term “Duration” will include the initial Duration and any New Duration.

212.2. You can terminate a Service at any time through the User Area (Cancellation Request). We will send you a confirmation email to acknowledge the completion of your Cancellation Request (Cancellation Confirmation). If you do not complete all the steps of the Cancellation Request or do not use a Cancellation Request to terminate the Services, the Services will not be terminated, and charges will continue. You must follow this process to terminate any Service. After you complete a Cancellation Request, we will process it and issue a refund, if applicable, as described in our Refund Policy.

21.3. If you are a Consumer, you have the right to withdraw from this Agreement by informing us of your decision to withdraw through the User Area (Cancellation Request) or through a clear statement (e.g., a letter sent by mail or email). You can also use the withdrawal model form provided below, which is not mandatory.

21.4. You acknowledge and agree that the registration of the Domain is subject to suspension, cancellation, transfer, or modification in accordance with the terms of any applicable rules or policies, including but not limited to: (i) UDR P, (ii) any ICANN-adopted policy, (iii) registrar or directory administrator procedures, or (iv) procedures of another ccTLD directory.

21.5. Without prejudice to the provisions set out in other sections of these Terms, AegeanHost shall have the right to terminate this Agreement with or without notice with immediate effect if (i) you do not pay any outstanding fees, (ii) you violate these Terms, our Acceptable Use Policy, or any other policy incorporated herein or any law, and fail to remedy this breach within 48 hours after receiving written notice, (iii) you repeatedly violate any policy incorporated herein or announced on our website, (iv) in the event of actions and/or omissions, failures, and/or malfunctions caused by you or your End Users, causing damage to the servers and facilities of AegeanHost or the servers and facilities of other network hosts or Internet users, (v) you make misleading or false allegations that may negatively affect our reputation, and (vi) you transfer all or part of your obligations and/or rights under this Agreement to third parties without our prior written consent.

21.6. AegeanHost may also terminate this Agreement with fifteen (15) days’ notice from the date of receipt if it deems that, in its reasonable judgment, you do not have the basic technical knowledge to use the Services without excessive technical support, (ii) AegeanHost reasonably believes that the continued provision of the Service has become impossible due to technical, legal, regulatory, economic, or any other significant reasons.

21.7. AegeanHost may terminate the provision of certain Services or terminate this Agreement if a third-party stops producing all or part of the Service you use.

21.8. It is important to understand that some Services are provided together. Therefore, the termination of hosting services (Hosting Account) may result in the immediate termination of multiple aspects of the Services. Upon termination, any information, data, content, and files you have stored on our servers will be deleted. We may retain backup data from terminated services for up to fifteen (15) days after termination, and provide you access to this data upon request and subject to availability. IP addresses and server space are recycled. It is your responsibility to ensure that you arrange the transfer of your website or content from our servers and cease the use of the IP address assigned to you in connection with the use of our Services before termination. We are not obliged to provide any Services to you, including email promotion(s), after termination.

21.9. Withdrawal Form
If you wish to withdraw from this Agreement, please complete the form below and send it back to us:

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Your Email Address]
[Today’s Date]

AegeanHost
[Company Address]
[City, State, ZIP Code]

Withdrawal from Agreement

I hereby withdraw from the Agreement with AegeanHost, effective immediately. Please consider this as my formal request for withdrawal from the Agreement and the termination of the associated services.

Service Details:
– Account/User ID: [Your Account/User ID]
– Service(s) to be terminated: [List the Service(s) you wish to terminate]

Reason for Withdrawal: [Provide a brief reason for your withdrawal]

I understand that any fees paid for the terminated services will be subject to your refund policy and processed accordingly. Please confirm the cancellation and provide any additional instructions, if necessary.

Please acknowledge this request promptly and provide written confirmation of the termination to the email address mentioned above. If there are any forms or procedures to be followed for the withdrawal process, kindly provide them.

I would like to thank you for your services during the time of our Agreement and appreciate your prompt attention to this matter.

Sincerely,

[Your Full Name]