Terms and Conditions for the use of services of Top.Host

Latest Update: September 14, 2023

1.1 Top.Host, henceforth referred to as “Company” is an online website providing products and services through the Internet, founded by ENARTIA Single Member S.A. which is based on Heraklion of Crete, at STEP C /FORTH, 100 Nikolaou Plastira str., Vassilika Vouton, 70013, Vat Number EL999082935 and Τ.Ο. of Heraklion, tel. +302815102911. The following terms and conditions shall be implemented for use of the Company’s online website, https://top.host/ as well as any services provided by the Company. Using the website or services provided by the Company, users declare that they fully accept the terms and conditions the Company currently has or will have set up in the future.

1.2 Should a user or a user representative disagree with these terms and conditions, they should then not make use of the Company’s website and its services. Users or the Company’s services or visitors of https://top.host/ site will henceforth be referred to as Customers, regardless of them ordering services or products from the Company.

2.1 This website is one of the Company’s official e-shops. Its entire content, including images, graphics, photos, sketches, text, services provided and products, are considered Company copyright or are used with a suitable license and are protected under the relevant laws of greek and european applicable law and international conventions. The website’s entire content has been filed under a notary.

2.2 Copying, distribution, transport, processing/conversion, re-selling, creating a derivative work or misleading the public towards the true provider of the website’s content is forbidden. Any reproduction, reissue, download, upload, announcement, spreading of or transmission or whatever other use of the content in any way, shape, or form for commercial purposes or otherwise is allowed only with written permission of the Company or other beneficiary of copyright. Names, images, logos and the distinct markings representing and Company or third parties connected to such, as well as their products and services, are sole labels of the Company or third parties protected under the applicable laws concerning commercial labels. Their display on the website should not, for any reason, be taken as permission for them to be utilized.

3.1 The Customer is assured that the material uploaded to the servers shall be ready for use and will not need any further processing from the Company to work. The Company has access rights to files, websites and data of the Customer for technical support or should there be need of an audit or after a request from the Authorities, according to what is written on the Privacy Policy, as well as the Disclaimer Of Personal Data Safety.

3.2 The Company lets the Customer know, via email, how they may gain access to their control panel for services as well as the way to publish files on the Internet, setting up email accounts and information on utilization of services.

3.3 The Company could, as an exception, provide support and suggestions on matters not wholly concerning the domain services or internet host (additional technical support). The Customer acknowledges that the Company is not liable for the soundness or credibility of such support guides given to the Customer.

3.4 The Company does not assume control over content of information passing through its servers. Furthermore, it does not guarantee the reliability, accuracy or quality of any information appearing on the internet through -or due to- its services. In addition, it does not guarantee the commercial or personal solvency of whoever presents themselves on the Internet, or the fulfillment of any particular promises/offers from third parties, and is not responsible for any damages incurred to the Customer or those who trade with such, including data loss due to delays, failure to deliver cargo, or cessation of services for any cause, fault, or omission.

3.5 The use of any information provided via the Internet is the responsibility of the user and the Company has no responsibility for the accuracy or quality of this information.

3.6 The Company, under no conditions, events and causes does bear any responsibility for whatever damages resulting from the utilization, availability or non-availability of services the Company provides.

3.7 The Company updates installed applications on its servers at regular intervals, so as for security levels to be maintained in their highest possible level and the most recent versions of Plesk Control Panel, PHP, MySQL, ASP.NET, Perl, Zend, ionCube etc. to be provided. It is the Customer’s sole responsibility, especially regarding safety issues which expose the infrastructure and availability of the Company’s services to danger, to update their websites accordingly, placing greater emphasis on security updates of PHP, MySQL Queries, ASP.NET etc. code so as for them to be compatible with Company servers and does not endanger them. The Company is not liable for any loss, damage or moral damage caused from these updates, as well as the incapability or unwillingness of the Customer to adjust their web pages with the updated versions of various applications and computer programming languages having been installed on Company servers.

3.8 The Company takes backup copies of Customer files and databases that use server hosting services at regular intervals. These backups are saved daily for 14 days prior to the present date. Furthermore, extra weekly backups are saved on the 15th, the 21st and the 28th day prior to the present date.The Company bears no responsibilities for such backups being out of date or unusable. The Customer is obliged to maintain a backup copy of their own files and databases. Such a copy maintained by the Customer must be loaded into the Customer’s personal computer.

Should the Customer ask for data recovery, the Company shall provide the service / product. In some circumstances, due to the nature of a service, it might be delayed for a few hours or days. The Customer acknowledges that the process ‘restore from backup’ might corrupt the site contents or downgrade such to an earlier version.

The Company is not liable towards the Customers / users for any damages incurred from the execution -or not- of their order and from the form the service is provided. In addition, it is reserved regarding time of providence of services backup / restore in case of force majeure.

3.9 The Company after prosecution or request from the relevant Authorities will follow the legal processes for enforcement of the law and may gain access to data concerning the location, the files, the emails and the content of the Customer. This can lead to the Company unveiling all data given to it, including the ones hosted in Company servers, files and Customer databases.

3.10 The Company is not at fault for damages incurred from the implementation -or not- of the Customer’s order, or from the form of such a service provided. It is also reserved towards delivery time for any goods / services in cases of force majeure.

3.11 The Customer acknowledges that the Company may adjust its services and products provided through third party suppliers, based on specification of each supplier. The Customer acknowledges that the Company itself is not responsible and liable to Customer, or any third party for whatever claims occur from providing such goods / services.

Service Level Agreement (SLA)

This agreement describes the availability guarantee for the Company’s network and services. Such a guarantee applies to any Customer of the Company without any financial abeyance in network availability interruption time.

Guarantee application process

The Company makes every possible attempt in keeping the hosted website’s content available for access from around the world, at any time. The interruption service time is defined as the loss of all plans from Company services towards the backbone network providers.

The Company makes every possible attempt in maintaining the average loss of availability rate of webserver services or database servers to a rate of 0,1% or less, during one calendar month, as defined by the Company.

Should the webserver or database server of a shared hosting plan on which the website is hosted, is available less than 99.9% of the time within a calendar year, the Company credits the Customer’s hosting account with a free hosting period of one month.

Interruption time is measured after the Customer’s notification for loss of availability, from the point such an interruption happens, through the Company’s ticketing system, either from here, or via live chat with the Company’s support department.

The Company’s sysadmins shall define the end of interruption time. The crediting is about the basic service’s monthly dues, paid by the Customer for the plan, for the data transfer limit allowed each month, disregarding fees of additional services, like more IP addresses, support services etc.

Restrictions

The Customer shall not receive any credit for any failures, malfunction or lack of availability of their website caused from, or connected to:

a. Circumstances beyond the Company’s sane control, including without limitation, government activities, war, riots, sabotage, armed conflict, embargo, fire, flood, strike or other cessation or delay of work, cessation or delay of transport, inaccessibility or cessation or delay of telecommunications or third party services, hacker attacks or viruses, third party software failing (including, without limitation, e-commerce, payment gateway, conversation, statistic, or of open source script software) or inability to receive raw materials, supplies, or the energy needed for use of the appropriate equipment for the providing such SLA.

b. Programmed or emergency maintenance and improvement of the Company’s technological equipment.

c. Issues involving DNS, FTP, POP, IMAP or SMTP customer access.

d. False reports in regards to Company systems not working.

e. Acts or negligence of the Customer, including, without limitation, the Code (CGI, Perl, HTML, ASP etc.), any dereliction, deliberate mishandling, or use of services violating Company terms and policies for acceptable use.

f. Sending or transferring of email or webmail.

g. Operation interruptions elsewhere on the Internet, preventing Customer access. The Company is not liable for browser or DNS which may make displaying the service impossible. In addition, the Company is not liable for issues stemming from quality of Internet access from the provider the Customer has chosen. The Company shall guarantee only areas under its control, namely, servers, server routers, and the connection of such with the Internet.

Liability Limitation – Safeguard – Compensation

The Company has undertaken significant efforts so for its website to include accurate and updated information. It is, however, not bound in regards to accuracy, time proximity and the completeness of published content and hence bears no responsibility of any nature. In particular, the Company should be checking its website concerning its function and appearance of the now popular Internet browsers (like Google Chrome, Mozilla Firefox, Safari, Internet Explorer, for example). The Company is not responsible for any changes in function or content occur from the Customer using older versions of the above browsers, or any other browser.

The Customer agrees to defend before any court, safeguard, keep away from any danger, from all requests, losses, financial claims and responsibilities the Company and shall cover such against any financial costs, including potential lawyer fees. Furthermore, they shall cover the Company from any case or claim due to damages or malfunctions or whatever other cause the Customer raises, or any other third party against the Company or themselves in case of third parties, due to activities or other acts, of them or their interests and information transferred through the Company servers or because of malfunction of whichever server or ours, with or without Customer consent or partner of theirs.

Furthermore, the Customer explicitly states and is bound to intervene in the judicial or bureaucratic process and compensate the Company fully, in case the latter is obliged in the paying of compensation or whichever other cost in a case when any action, claim, or legal claim or bureaucratic process and stems from the violation of on behalf of any third party.

According to a European directive from the European Commission, consumers and merchants have the Online Dispute Resolution platform (ODR) at their disposal for the electronic solving of their disputes, whether such are about domestic or cross-border transactions. The ODR is directly linked to the pertinent authorities Alternate Dispute Resolution (ADR) of every country, who take up the processing of accusations.

See the bodies for every country here.

Clarifications in regards to the processing of personal data

4.1 Why shall the Company process Data of Personal Type (DPT) and the Special Category Data of Personal Type (SCDPT)?

With the purchase of services / products that the Customer carries out through the Company’s website, they state that they wish for the Company to handle the completion of a task or the mediation between the Customer and some third party for the completion of a task with the Company’s function being an Internet service provider. The Company, based on information / data the Customer declares in its website / ordering form, should integrate such into a homogeneous category and calculate, based on said declarations, the product/ service which is suitable and relevant for the Customer.

For such to happen, the Customer needs to fill in the particular DPT and/or SCDPT noted in the relevant fields of the ordering form. This data is objectively essential to the implementation and function of the provided service. The proper and complete information for data the Company requests are considered obligatory of the Customer, according to law. It is possible that inaccurate or incomplete data the Company requests to find, cause for the Company to demand even the cancellation or report of the provided service, at any time.

For however while the contract for service provision remains in effect, the Company shall process Customer data which are necessary for its function based on the present contract with which the Customer consents to should they proceed in carrying out an ordering of service / product from the Company.

4.2 In what kind of data processing shall the Company proceed to?

After the Customer proceeds in the ordering a product / service and has filled in all necessary fields in the order form, the Company shall, for the reasons already noted, carry on with any action or series of actions processing the Customer’s data with assistance of automated means like, for example gathering, input, organizing, rectifying, storage, adjustment, shift, recover and searching of information as well.

The Company makes use of automated means for the fulfillment of the order and providing the service. Through said means, the Company can reach decisions quicker, with greater accuracy, transparency and consistency. However, in those cases, regular relevant checks are made from pertinent Company employees.

The Company, in the name of safeguarding legal interests, often runs checks, through automated procedures to prevent scams against it.

In particular, the following individual audits are made towards compliance of the Company with instruction from european and greek legislature.

  • Audits (and automated ones) are conducted for preventing the use of products in money laundering and / or the funding of terrorism.

  • Audits are conducted and files and data are sent towards compliance of the Company with the administrative cooperation of European Union member-states.

  • Audits are conducted and files and data are sent towards compliance of the Company with the multi-part agreement of Pertinent Authorities for the automated trade of information in regards to financial matters.

4.3 For how long shall the Company hold the Customer’s data in a file?

The Company shall hold on to the Customer’s data for however long a contractual relation is maintained between them, either in written or electronic format. In a case of, for whatever reason, this is interrupted the Company shall hold on to such for however long of a time is left for any relevant claims to become time-barred.

4.4 What rights does the Customer have in regards to the processing of their data?

The Customer, may, as appropriate, exercise the following rights:

The right of access (learning which data of theirs the Company is processing, for what reasons and its recipients)

The right of amendment (rectifying any inaccuracies or lack of data)

The right of deletion / right of oblivion (purge from Company files, should their presence, however, no longer be necessary)

The right of restricting processing (In case of doubt being presented so as to the accuracy of data etc.)

The right of portability (for the Customer to receive their data at a structured and commonly used format)

Such rights are exercised sans cost for the Customer, with the sending of relevant postage or email to the Data Protection Officer, unless they are repeated often and due to volume, they possess administrative weight for the Company, hence the Customer shall be burdened with the relevant cost.

Should the Customer exercise any of those rights, the Company shall undertake any possible means for the satisfactory conclusion of such a request within thirty (30) days from receiving the relevant request, after the Company notifies such either for its execution, or the subjective reasons which prevent it.

Beyond such, the Customer, may, at any time, be set against the processing of their DPT and SCDPT for the purposes of the contract service provider, withdrawing their consent. However, this will lead to the termination of the Customer’s contract services provided from the Company because (according to the above) no service works without processing of the Customer’s DPT and/or SCDPT (concerning data).

4.5 How is the Customer’s data security safeguarded?

Data security is, to the Company, an absolute commitment. To achieve such, all modern and suitable means are implemented for purposes of technological processing (for example, encryption, anonymity) as well as organizational measures, the effectiveness of which the Company checks at regular intervals.

4.6 Where shall the data be transferred?

The Customer’s data will be transferred to Company departments pertinent to the execution of the provided service and for the proper and hurdle-free implementation of such. For example, the Technical Support department, Legal, Accounting etc.

The Customer’s data might be transferred and made accessible for legal entities and / or persons with which the Company occasionally maintains contracts for the proper provision of offered services. Furthermore, in regards to the Customer’s safeguarding contract, such data might be transferred to various services, public authorities etc. However, in this case, the legal entities or persons will process the Customer’s personal data solely for provision of services towards the Company and not for personal gain, acting as executors for the processing.

In every transfer, the Company always undertakes any possible measure to ensure the transferred data are always the minimum required and the conditions are for legal and desired processing.

4.7 Shall the Company process the Customer’s data for commercial purposes?

For the duration of processing noted above, the Company might process your DPT data (but not your SCDPT).

The Customer may be set against processing of their data (for commercial purposes) through the sending of a relative request to Data Protection Officer. In such a case, the Customer’s data will no longer be subjected to processing for commercial purposes.

4.8 The Company, as the controller, only uses processors that provide reasonable assurance that appropriate technical and organizational measures will be in place to ensure that the processing meets the requirements of EU Regulation 2016/679 and any other applicable European and national legislation, and safeguards the rights of the data subject.

The Company, as the processor, does not engage another processor without the prior written permission of the controller, and the granting of a general license for this purpose is presumed by accepting the Terms of Use and the purchase of any service. In this case, the Company shall inform the controller of any intended changes to add or replace the other processors, thereby giving the controller the opportunity to object to such changes.

Processing by the processor, a partner of the Company, is governed by a contract or other legal act under the law of the Union or the Member State which binds the processor in relation to the Company and determines the subject matter and duration of processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects and the controller's obligations and rights. This Convention or other legal act provides in particular that the processor:

a. processes personal data only on the basis of documented Company's instructions as a controller, including with regard to transfers of personal data to a third country or international organization, unless it is required to do so under Union law or the law of the Member State to which the processor is a subject. In this case, the processor shall inform the controller of this legal claim in question prior to processing, unless that law prohibits such information on important grounds of public interest;

b. ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c. takes all necessary measures pursuant to Article 32 of (EU) Regulation No 2016/679,

d. complies with the conditions set out above for the recruitment of another processor,

e. taking into account the nature of the processing, assists the controller with the appropriate technical and organizational measures, to the extent possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in EU Regulation 2016/679;

f. assists the controller in ensuring compliance with the obligations pursuant to EU Regulation 2016/679 Articles 32 to 36, taking into account the nature of processing and the information available to the processor;

g. at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data;

h. makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.

As regards point (h) of the first subparagraph, the processor shall immediately inform the controller if, in his opinion, an instruction infringes this Regulation or other Union or Member State data protection provisions.

Where a processor engages another processor for carrying out specific processing activities on behalf of the Company as a controller, the same data protection obligations as set out in the contract or other legal act between the Company as the controller and the processor, as provided for in paragraph 3, shall be imposed on the other processor by a contract or other legal act in accordance with the law of the Union or of the Member State, especially to provide sufficient assurances to implement appropriate technical and organizational measures in order processing meets the requirements of this Regulation. When the other processor fails to meet data protection obligations, the initial processor remains fully accountable to the Company as the controller for the fulfilment of the obligations of the other processor.

4.9 Submission of an accusation / complaint?

For whichever issue involving the processing of your data, you may address Data Protection Officer (DPO) of the Company: tel. 00302811229000, email: [email protected]

In addition, the Customer always hold the right of turning to the pertinent Authorities, where they can submit the relevant complaints. For Greece, this is Independent Authority for Data Protection (Kifissia’s 1-3, P.C 115 23, Athens) or online at www.dpa.gr.

Additional clarifications regarding the Cookies

4.10 What are Cookies and why is the Company using them?

Cookies are small text files sent on the browser program the Customer uses and are stored at their computer, while the Customer is browsing within the Company website. Under no circumstances do the cookies contain personal information or information which would allow anyone to communicate with the website’s visitor, through phone, email etc. Furthermore, using cookies, there is no access granted to the computer’s documents or files.

Cookie usage facilitates the retaining of information relating to the Customer’s visit, to the website, gathering useful preferences in regards to the Customer’s search preferences. Consequently, the searching experience will be optimized.

In addition, cookies help the Company review the performance and visitor count of its website, improving its display and content, according to visitor preferences.

4.11 Which cookies are used?

Some or all cookies described might be stored into the browser application. The Customer can see and manage the cookies in the browser application (however, browser applications intended for mobile devices might not possess this sort of functionality).

The technically necessary cookies the Company is using are of vital import for the proper function of the website, and allow the Customer to browse and use its functions. These cookies do not distinguish a Customer’s particular identity. Without such, the Company cannot offer effective functionality on its website.

4.12 Should the Customer not desire the use of cookies?

The Customer may activate, or deactivate and completely delete cookies, through the settings of their particular browser application. However, after such an act, some parts of the website might not be working properly.

Privacy Policy

The Company handles a Customer’s security, trust and respect. The safeguarding of Customer personal data is particularly important. Hence, the Company communicates the above to its visitors and/or Customers:

a. The Company website is a communication system to the public, with which information and services are offered, through the Internet. Visitors of the Company website are able to inform themselves of any new products and services it offers, important announcements, new jobs and be notified of any service without offering any information.

b. In case of gathering a Customer’s personal data is necessary, for the execution of some trade through the website, the following shall take effect:

i. The Company maintains a log and processes potential Customer personal data, the sole reason being the support, forwarding and implementation of the exchange with the Customer as well as the provision of high level services.

ii. Customer data are safeguarded by strict discretionary criteria and are forwarded on third-party companies only if necessary for an order’s implementation or the functionality of a Customer’s service.

Website software is designed for a maximum amount of security and trust. All information contained within requests submitted in the website and are related to payment of whichever service the Customer chooses, are secure. Only authorized employees, having received proper training so as to the processing of Customer information, shall have access to such information and only when necessary for implementing Customer requests.

5.1 The Company registers domain names under the function of a domain reseller and acts as mediator between the Customer and whichever company acts as an official registrar or is responsible for the management of the main database. The Company has no bearing in the distribution of domain names.

5.2 The Customer / user / future owner of domain names should read, understand and consent to the Management and Assignment Regulations of each registry and / or collaborating organizations, for the TLDs of domain names they choose, as well as the latest amendments / modifications to such. By registering domain names through the Company, the Customer confirms they have read and have consented to the terms and conditions provided for each registry and / or collaborating organizations, for the management and assignment of TLDs.

Further regulatory texts can be found here.

Terms & Conditions for .GR domains

Terms & Conditions for .EU domains

Terms & Conditions for .ME domains

Terms & Conditions for .ORG domains

Terms & Conditions for .INFO domains

Terms & Conditions of ICANN for gTLDs

Terms & Conditions of TUCOWS provider

Terms & Conditions of ENOM provider

 

5.3 The Company completes the submission for a Customer after payment is confirmed. Submissions are made in real time for payments via Paypal, credit card, credits or paysafe cards, while the process is concluded -in regards to remittances and bank payments- once Accounting has confirmed the deposit. The Company bears no responsibility should during, before, or after the Customer’s order is concluded, the domain name chosen has been claimed by someone else. If such a thing happens, the Customer may either search for and claim another domain or request the payment to be reverted.

.COM, .NET, .ORG, .INFO, etc. domain names (except .GR and .EU) that have been renewed within 45 days in their existing registrar are not renewed for one additional year after their transfer to the Company, as expected.

5.4 The Customer accepts the Registrant's Rights and Obligations as displayed on the official ICANN site.

5.5 Transactions concerning domain names (renewal, owner change, registrar change etc.) are considered carried out with confirmation of payment from the Company’s accounting department. From that point on, the Customer acknowledges they lose the right of withdrawal and money restitution (2551/1994 Act, as amended so as to present day).

Exceptions are new domain name submissions, for which the withdrawal and money restitution right remains with the Customer as long as it is requested on time and the withdrawal is concluded within 5 calendar days from the initial confirmation of payment. Due to that small-time interval, the Customer is responsible, beyond the sending of a written request (through email) to also verify with the Company via phone their request for withdrawals, for such to be concluded on time. After 5 calendar days, no money shall be returned.

If during the domain name register order the Customer gained for free some other domain name or other combined service offer for which the right of money restitution is not valid, then the submission product sales offer cost is subtracted from the amount returned to Customer, according to the catalog valid at that time in the Company website.

Should the domain name be canceled within the deadline, the money is returned in credit form into the account of the same Customer and may be used in following registers. The Company sends the Customer an email informing of such to move into registering a new domain name according to the consultant’s suggestions.

Special terms for .GR domain names

5.6 The Customer agrees to not move towards repeated unpaid registering orders of the same .GR domain name, binding such the particular domain name through the registry.

5.7 The Customer should have concluded all their financial obligations against the previous registry, in regards to the domain name they are requesting a registry change for.

5.8 If the Customer chooses the checking requests service and the Company consultant finds the domain name does not fulfill the conditions to be approved from EETT the domain name will be automatically canceled from the Company staff.

5.9 Should the Company consultant finds the domain name does fulfill the conditions to be approved by EETT, but ultimately is not, then the money is refunded to the Customer in credit form or cash.

Domain Expiry

When a domain name expires, in most scenarios, it is put into a ‘quarantine’ situation in which only the designated owner has the right to renew it. The Customer may be informed for domain name’s quarantine duration from the Company pricelist page, or through communication with the Support Department of the Company. If a quarantine period is not implemented, the domain name either directly goes into a redemption period (5.12) or gets deleted according to the regulations of each registry.

5.10 Domain Redemption

After the quarantine period resolves, or directly after the domain name expires (should there not be a quarantine period) the domain name is deleted and it enters into a redemption period lasting about 40 days. The Customer should and can be informed for the duration of such period of a domain name in communication with the Company’s Support Department. See term 5.12 for renewal from redemption.

The Company cannot guarantee the renewal of a domain name from redemption, hence it is suggested the Customer renews their domain name in time, before it expires.

5.11 Renewal of an expired domain

The cost of renewal from quarantine remains the same as the cost for such before the domain expires.

For renewal of a domain name from redemption, a redemption fee is added to the cost, varying depending on the resolution and is displayed for the Customer to see in the pricelist page. In case the fee is not visible, the Customer should communicate with the Company’s Support Department to be informed of the total cost of renewal from redemption for the domain name they are interested in.

The Customer acknowledges that the redemption period as well as the renewal fee vary according to the TLD and it is their responsibility to be aware of a registry’s particular terms for domain names in their possession.

5.12 Delete and Restore Domain

A domain name can be deleted for other reasons beyond its expiration, such as submission of false owner data or the WHOIS / owner data had not been confirmed to the registry within 10 days. After 10 days and in case of the requisite data not having been sent forward, the registry has the right to delete the domain name. In this case, the domain name enters Registrar Hold (or Client Hold) status, ceases its operation and can not be transferred until the registrant sends out accurate and up-to-date WHOIS data. The domain name owner must send official documents for the confirmation of the authenticity of their data (for example ID or passport) so as for a domain name to be restored from the registry.

In particular, in cases of illegal or unauthorized activity, the Registrar reserves the right to terminate the operation (Registrar Hold or Client Hold) and to delete a domain name even after confirming the owner's details.

Domain Transfer

5.13 For already-registered domains, the transfer takes place automatically at the next renewal. The transfer is completed within 5 (or 10) days after the date of the renewal order of the domain and then the renewal is completed. Attention: The Customer may receive an email directly from ICANN asking them to confirm their details via a link to complete the transfer and renewal. No change of nameservers can be made during the 5 (or 10) days. Regidtrar change in the domain can be done normally, 60 days after the renewal.

5.14 As noted in the ICANN Transfer Policy, the domain owner explicitly authorizes the Company or the Company’s partners when deemed necessary, to act as designated agents to approve the changing of owner data for their account.

6.1 The Customer accepts not to use the Company’s internet space, the services it offers and its servers for:

a. Any content which is illegal, harmful, threatening, insulting, irritating, sycophantic derogatory, vulgar, obscene, slanderous, constitutes a violation of someone else’s privacy, shows solidarity, or expresses racial, national or other distinctions, or for sending, publishing via email or transmission of such content to others.

b. Harming underage people in any way.

c. Sending, publishing, sending via email or transmission with other ways any kind of content for which they do not have rights of transmission according to legislation or contracted or administrative relations (like internal information, owner and confidential information gained or exposed as part of work relations or covered in confidentiality agreements.)

d. Sending, publishing, sending via email or transmission with other ways any kind of content which violates any patent, trade label, trade secret, copyright or other ownership third party rights.

e. Sending, publishing, sending via email or transmission with other ways any kind of content which contains software viruses or other codes, files or applications designed with causing harm in mind, the destruction or tackling of function of any software or hardware.

f. Willful and unwilful violation of the standing legislature or its terms.

g. Harassment of third parties in any way.

h. Illegal gathering or storage of other user’s private data.

6.2 The Company has the power to reject, cut off the provision of service or delete content funneled on the provided server, should this content be against any legislature in regards to copyright, is copied, is of pornographic, racist or piratical nature (hacking, pirate software, warez sites, serial numbers), concerns the narcotics trade, the effort of illegal penetration on a PC or is against any other law. In such scenarios, the Company has the right, without warning to immediately disable the account and its access to the site through the internet without any responsibility for damages that may be incurred on the Customer or third parties. In addition, it notifies the Customer to remove such a content. Should the Customer not immediately take heed, the Company has the right to completely delete their account.

6.3 The Company follows a very strict policy in regards to spam emails and can cancel the Customer account in the case of sending improper / undesired mass emails (spam mail). An email is spam when sent including recipients who did not ask to get such. The Customer agrees to not send any of the following kinds of email:

a. Advertisements or informational, including commercial advertisement without limitations, excluding those who have explicitly asked for emails from the Customer.

b. Irritating emails, either due to the language they were written in, their frequency of sending or their size.

c. Chain emails.

d. Bulk advertising or informational emails.

The Company retains the right to decide if a Customer actions is considered spam, mail bombing or bulk email.

6.4 The Company has the right of restricting the volume of messages sent or received from the users, in order for the quality of email services to be maintained to other members and the safeguarding of its systems.

As the owner and / or administrator of equipment and other resources used for the provision of services, the Company has the right to block electronic communication from other operators on the Internet or not to deliver email messages if those are considered to be spam, malicious, or generally violating the terms of use of the service.

6.5 Available server resources are meant solely for use inside user accounts. The distribution of such resources for any manner in third party sites in any form, including but not limited to sourcing graphics or texts from third party sites found in Company servers, application execution, banner exchange programs is forbidden.

6.6 SSH access is given after Customer request. The Company has the right to deny access or hand over limited access for the execution of particular commands.

6.7 Sending emails in server or any message sent at irritating intervals on a network directly or indirectly connected to the Company, such as the attempt of bypassing user authorization or host security, network or account is forbidden.

Penetration of information not meant towards the Customer is forbidden.

Penetration of any network, spawning, port scans, ping floods, packet spoofing, forging router information, denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, teardrop, publishing viruses, chat rooms, Internet Relay Chat, IRC bots (like eggdrop), PhpShell and other similar applications, the audio, radio and video streaming and the uploading of files on the server for the purposes of public downloading, particularly in cases when it majorly strains the available network resources, is forbidden. Any activity, regardless if leading to loss or data, shall be investigated and proper action will follow.

6.8 Non-authorized background processes or authorized background processes which expose the Company or Customer servers’ safety to danger, shall lead to the cessation or even the termination of the Customer account.

6.9 In case the Customer website is the cause of creating issues in the provision of hosting services to other Customers placed in the same server, the Company has the right to immediately and without warning disable access to the Customer’s domain. In case the Company engages in such activity, the Customer will be notified accordingly, for the reason this suspension of services has occurred.

Customer acknowledges that the Company bears no responsibility or obligation for compensation in regards to any loss, damage or moral damages incurred by the cessation of the above processes.

6.10 CPU, RAM, Disk IO, Entry Processes

Customers agree to construct their websites in such a way where Company servers overloading is avoided, by restricting the use of code and applications demanding heavy processing power or making excessive use of resources (CPU, Disk IO, inodes, RAM).

The above resources the Customer is using in a shared hosting plan are not included in the unmetered part. Specific prices are provided according to the service and the server on which the Customer plan is hosted.

Databases hosted on our services are governed by proper use policy and may not exceed 1GB for MySQL and 1GB for MSSQL so as to not cause performance issues on the server from misappropriation of CPT, memory, or Disk I/O offered to each Customer account.

6.11 Proper Use Policy

The Customer agrees to:

a. In case a customer uses more than 100GB of disk space the company will send a notification to the customer and will give him/her 10 calendar days to reduce the disc space he/she uses or to migrate his/her data to a VPS/Dedicated server. If the customer does not comply with this, the company has the right to terminate/suspend the web hosting plan.

b. To not execute any automated process on the server.

c. To not execute any daemons and executable files of any nature which make excessive use of bandwidth, like IRCD, chat daemons, .exe, .com etc.

d. To not execute any kind of web spider or indexer (including Google Cash, AdSpy, Scrapers etc.)

e. To not execute any bit torrent applications, track or Customer. The linking or hosting of any illegal transmitted files is forbidden.

f. To participate in no illegal activities concerning file-sharing & peer-to-peer networks.

g. To not run any gaming server like counter-strike, half-life, battlefield1942 etc. This term does apply for Dedicated Servers.

h. To not execute cron tasks & schedule tasks at intervals of less than 15 minutes or in a way which can cause server overload.

i. To not use script for the call of any non-local file. The call of any file or URL in a remote server must be noted to the Company when in regards shared hosting plans. The Company has the right to forbid something such without notifying the Customer.

j. To not have a server mailbox size which is greater than:

  • 300 MB for the Star plan
  • 1GB for the Planet plan
  • 2GB for the Galaxy plan
  • 500 MB for the Micro plan
  • 1GB for the Mega plan
  • 2GB for the Giga plan
  • 4GB for the Tera plan

k. To not execute any mining processes to create cryptocurrencies.

6.12 Shared hosting accounts may not be sold again to third parties. Should the Customer desires resale of hosting services, they need to use a Reseller plan.

6.13 The Customer understands and agrees that no part of the services provided by the Company, such as space, e-mail or data transfer (bandwidth) can be used for backups. Under no circumstances may the Customer upload, download or store in the space provided files that are not directly related to what is necessary for the operation of the website. The Company, in any case, reserves the right to delete immediately and without notice the files that are not directly related to what is necessary for the operation of the website to restore the used volume within accepted limits.

6.14 The Customer should monitor the volume of space they are taking up, as well as the other account users in the Company hard disks, so as not go over set limits. In case of the space taken up going over said limits, the Company maintains the right to charge the Customer for use of additional resources or even disable the service permanently. Ιn any case the Company maintains the right to delete files to restore the used volume within accepted limits.

6.15 It is a Customer’s responsibility to make sure their code and applications installed in the account are safe and the rights of the directories and files are correct, regardless from the manner the installation was made. It is a Customer’s responsibility to assure the reliability of their code, apply all safety instructions and be certain in applying the proper levels of access to files and directories of their services. The Customer is responsible for all actions undertaken in their account.

6.16 The Customer acknowledges that the Company, for safety reasons may ask for a change in password at regular intervals.

6.17 Regarding the Website Builder service it is suggested to not make use of more than 30 widgets in one page, since that may possibly cause a great delay on the website’s opening. The Company does not provided support for any page with more than 60 widgets.

Hosting migration policy

Migration to Shared Hosting / Reseller

6.18 For each new shared hosting or reseller plan provided by the Company, the Customer may request the free transfer of up to five (5) static or dynamic websites (provided the number is supported by the plan) from another provider. The same policy applies in case the Customer upgrades a plan that they already have with Top.Host and they wish to transfer to it websites hosted on another provider. From the sixth website onwards, additional staggered charges are applied, depending on the total number of websites to be transferred.

6.19 Necessary prerequisites for the free migration are:

a. For the Web Hosting Transfer Form to be filled out within 90 days after the payment confirmation of the hosting plan.

b. Files at the time of request to be hosted on a plan of another hosting provider and not on the servers of the Company.

c. Access to be provided in the administrative server environment of the other hosting provider or to a backup of files and databases to be transferred.

6.20 In the event that the Customer wishes to transfer websites from a Shared Hosting plan of the Company to another Shared Hosting plan of the Company, additional charges and migration costs will be borne by the Customer, starting from the first website.

Free instructions are provided by email from the Support Department upon request, in order for the Customer to carry out the migration on their own, if they desire so.

Migration to Semi-Dedicated

6.21 The migration from a Shared Hosting plan of the Company to a Semi-Dedicated pan of the Company is conducted free of charge, provided that the customer requests the migration within 90 days after the payment of their order, for all websites hosted on their Shared Hosting plan.

In case the customer requests the transfer of individual websites and keeps the rest of their websites on the Shared Hosting account, additional charges will be applied.

6.22 If the Customer wishes the migration of a Reseller plan of the Company to a Semi-Dedicated plan of the Company, then the greater subscription is transferred for free and after that additional charges apply for each website.

6.23 In case of a migration from another provider to a Semi-Dedicated plan of the Company, the terms and conditions of 6.19 apply.

6.24 Transferring from a VPS plan or a third-party Dedicated Server to a Semi-Dedicated plan of the Company, the terms and conditions of 6.19 apply. The VPS / Dedicated Server from which the transfer is made should have a Control Panel.

6.25 For transferring from a VPS plan or a Dedicated Server of the Company to a Semi-Dedicated plan of the Company, additional charges apply and the cost of migration for the Customer, starting from the first website.

6.26 If the Customer wishes to transfer from a Semi-Dedicated server of one country to a Semi-Dedicated server in another country, additional charges will apply.

Migration to VPS / Dedicated Server

6.27 For the migration of websites from a Shared Hosting plan of the Company to a new VPS plan or to a Dedicated Server of the Company the following conditions apply:

a. The site migration is free of charge and is performed with a migration tool

b. A one-time charge applies for the configuration of the websites on the new server.

c. If additional technical actions need to be taken by our Support Department, extra charges might apply for the Customer.

d. The Dedicated / VPS server must have a Control Panel.

e. The Customer should not have uploaded content on the VPS / Dedicated Server to which they wish to be transferred.

f. The Customer should request the migration within 90 days after the payment confirmation of the VPS / Dedicated Server.

6.28 For the migration of websites from a Shared Hosting plan of the Company to a new VPS plan or to a Dedicated Server of the Company, the migration is free of charge through a migration tool. The following conditions apply:

a. The terms and conditions of 6.19.

b. If additional technical actions need to be taken by our Support Department beyond the basic configuration that the Migration Department performs, extra charges might apply for the Customer.

c. The Dedicated / VPS server must have a Control Panel.

6.29 If the Customer wishes to transfer a VPS plan or a Dedicated Server to another VPS plan or a Dedicated Server of the Company, then the following apply, regardless of the provider:

a. A one-time charge applies for the configuration of the websites on the new server.

b. The migration is free of charge through a migration tool. The following conditions apply:

- the servers have a Control Panel. The following migrations are supported:

  1. From cPanel to Plesk / cPanel
  2. From Plesk to cPanel / Plesk
  3. From DirectAdmin to cPanel / Plesk
  4. From Virtualmin to Virtualmin

- The Customer should not have uploaded content on the VPS / Dedicated Server to which they wish to be transferred, otherwise a format of the server should be conducted, with additional charge.

- The Customer should request the migration within 90 days after the payment confirmation of the VPS / Dedicated Server.

c. If additional technical actions need to be taken by our Support Department beyond the basic configuration that the Migration Department performs, extra charges might apply for the Customer.

Migration from Reseller

6.30 If the Customer wishes the migration of a Reseller plan from another provider to a hosting plan of the Company (Shared Hosting, Semi-Dedicated, Reseller), the terms and conditions of 6.19 apply.

Migration to another provider

6.31 For the migration of a Shared Hosting plan of the Company to a Shared Hosting plan of a third-party provider, additional charges apply for each website requested by the Customer. Terms and conditions that accompany the migration to another provider:

a. The plan of the third-party provider is a Shared Hosting plan and has Plesk or cPanel.

b. The Migration Department of the Company performs simple file and database transfers and no additional configuration actions that may be required on the server. These are performed by the other provider.

c. The Company will not communicate with the other provider for migration matters. The communication with the other provider is the sole responsibility of the Customer.

Additional Terms

6.32 If the Customer wishes to change the operating system for any transfer case, additional charges apply.

6.33 For any transfer to Company plans after the end of 90 days, additional charges are applied starting from the first website.

6.34 The Customer acknowledges that the transfer is made by priority and after communication with the Company. The Company has the right to refuse a website transfer that does not comply with the technical specifications of its infrastructure or violates the terms of use of the service.

6.35 In the event that the Company's infrastructure is to be abolished, the VPS services hosted on it may be transferred to a new infrastructure with a Company contribution on a case-by-case basis. The removal of the infrastructure is accompanied by a specific end date for which the customer is informed earlier.

6.36 If a VPS is transferred from Company's infrastructure to a different Company infrastructure, IP may be maintained on a case-by-case basis.

Transfer & Win terms of use

6.37 Transfer & Win is designed for customers who host their site on another web hosting provider and would like to transfer it to a Shared Linux or Shared Windows plan of Top.Host. By using the service, Top.Host will add to the Customer's account up to 6 months of free hosting for the remaining prepaid hosting time on the other hosting provider. This will be done after the Customer sends to Top.Host the necessary details of the prepaid hosting service, as well as a copy of the cancellation email of the previous company. Acceptable forms of evidence may be the Invoice or Receipt of purchase or the credit card account analysis, where the annual charge appears. Additionally, the email of the activation or renewal of the hosting account showing the start and end date of the plan on the previous company should be sent. The offer does not apply if the previous hosting provider has refunded money to the Customer for canceling their hosting plan.

6.38 In order for the Customer to use the Transfer & Win service, they must fulfil all of the following conditions:

a. the Customer should transfer one or more existing sites to Top.Host and should not be a reseller of Top.Host.

b. the Customer should purchase from Top.Host a Shared Linux or Windows hosting plan for at least 12 months.

c. the purchase from the previous provider should have been made at least 30 days prior.

d. the Customer should request the use of the Transfer & Win service within 15 days of ordering the hosting plan from Top.Host.

e. the Customer should not have used another discount offer to purchase the plan to which they will be transferred.

6.39 In order for the Customer to use the Transfer & Win service, they must follow the steps below:

a. the Customer should purchase one or more new hosting plans from Top.Host.

b. the Customer should contact the Support Department and request for the free transfer of their site.

c. the Customer should send to Top.Host by email proof of purchase (invoice, receipt or credit card) of the service from the previous provider as well as the request for cancellation of the account from the previous provider in order for the remaining period to be added to the new hosting plan.

Hacked WP Cleanup Service

6.40 The Company can provide the Customer with a service that can audit, clean and restore an infected WordPress website, at an additional cost. The service includes cleaning the website, protection against future attacks and hacks, the necessary upgrades to both WordPress and plugins and themes, etc.

6.41 The cost of the service varies, depending on the number of WordPress websites that the Customer is interested in:
1-2 websites: € 75 + V.A.T. / website
3-6 websites: € 60 + V.A.T. / website
7-10 websites: € 50 + V.A.T. / website

6.42 The service is offered for WordPress websites that have version 4 or higher installed and are hosted on Top.Host servers.

6.43 In case the cleaning process requires the intervention for corrections on the website by our team, after consultation with the Customer, a small downtime may be scheduled for the application of the corrections (up to one hour).

7.1 The Customer accepts not to use the Company’s internet space, the services it offers and its servers for:

a. Any content which is illegal, harmful, threatening, insulting, irritating, sycophantic derogatory, vulgar, obscene, slanderous, constitutes a violation of someone else’s privacy, shows solidarity, or expresses racial, national or other distinctions, or for sending, publishing via email or transmission of such content to others.

b. Harming underage people in any way.

c. Sending, publishing, sending via email or transmission with other ways any kind of content for which they do not have rights of transmission according to legislation or contracted or administrative relations (like internal information, owner and confidential information gained or exposed as part of work relations or covered in confidentiality agreements.)

d. Sending, publishing, sending via email or transmission with other ways any kind of content which violates any patent, trade label, trade secret, copyright or other ownership third party rights.

e. Sending, publishing, sending via email or transmission with other ways any kind of content which contains software viruses or other codes, files or applications designed with causing harm in mind, the destruction or tackling of function of any software or hardware.

f. Willful and unwilful violation of the standing legislature or its terms.

g. Harassment of third parties in any way.

h. Illegal gathering or storage of other user’s private data.

7.2 The Company has the power to reject, cut off the provision of service or delete content funneled on the provided server, should this content be against any legislature in regards to copyright, is copied, is of pornographic, racist or piratical nature (hacking, pirate software, warez sites, serial numbers), concerns the narcotics trade, the effort of illegal penetration on a PC or is against any other law. In such scenarios, the Company has the right, without warning to immediately disable the account and its access to the site through the internet without any responsibility for damages that may be incurred on the Customer or third parties. In addition, it notifies the Customer to remove such a content. Should the Customer not immediately take heed, the Company has the right to completely delete their account.

7.3 The Company follows a very strict policy in regards to spam emails and can cancel the Customer account in the case of sending improper / undesired mass emails (Spam mail). An email is spam when sent including recipients who did not ask to get such. The Customer agrees to not send any of the following kinds of email:

a. Advertisements or informational, including commercial advertisement without limitations, excluding those who have explicitly asked for emails from the Customer.

b. Irritating emails, either due to the language they were written in, their frequency of sending or their size.

c. Chain email.

d. Bulk advertising or informational emails.

The Company retains the right to decide if a Customer actions is considered spam, mail bombing or bulk email.

7.4 Sending emails to the server or any message sent at irritating intervals on a network directly or indirectly connected to the Company, such as the attempt of bypassing user authorization or host security network or account, is forbidden.

Penetration of information not meant towards the Customer is forbidden.

Penetration of any network, spawning, port scans, ping floods, packet spoofing, forging router information, denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, teardrop, publishing viruses, chat rooms, Internet Relay Chat, IRC bots (like eggdrop), PhpShell and other similar applications, the audio, radio and video streaming and the uploading of files on server for the purposes of public downloading, particularly in cases when it majorly strains the available network resources is forbidden. Any activity, regardless if leading to loss or data, shall be investigated and proper action will follow.

7.5 Non-authorized background processes or authorized background processes which expose the Company or Customer servers’ safety to danger, shall lead to the cessation or even the termination of the Customer account.

7.6 Dedicated servers may not be resold to third parties. If the Customer wishes to resell hosting services, they should use one of the Reseller plans.

7.7 It is a Customer’s responsibility to make sure their code and applications installed in the account are safe and the rights of the directories and files are correct, regardless of the manner the installation made. It is the Customer’s responsibility to assure the reliability of their code, apply all safety instructions and be certain in applying the proper levels of access to files and directories of their services. The Customer is responsible for all actions undertaken in their account.

7.8 The Customer must use a safe access password. Should the access password used by the Customer is deemed simple, the account might be suspended until a more secure access password is implemented.

7.9 The Company retains the right of restoring the access password on a dedicated server, should the password at the time is not updated, so as to carry on with the necessary security checks, as required by the data server. It is a Customer’s responsibility to make sure the Company is given a valid email address, as well as root access password for the dedicated server, to avoid potential downtime from password restoration requests. The Company retains the right to check the servers according to particular requirements carry out various administrative acts in such, after any data center request. In regards to dedicated servers, there is NO support for maintaining backups from the Company, but is a Customer’s responsibility.

7.10 All dedicated servers are provided in the form of a monthly fee and are installed in data centers which may be in geographical areas of Greece or abroad, depending on the chosen plan. Customer access for the dedicated server is handled remotely, through the internet, with Remote Desktop (Windows dedicated servers) and Telnet or SSHt (Linux dedicated servers).

7.11 Should there not be a payment on time for the renewal subscription of the dedicated server, the server is disabled a day after the subscription expires. Data stored on the server are deleted and the server is considered available to subscription for other Customers. In case of renewal payment being made after expiration, and if enabling it once more is possible, there is a fee for enabling such.

7.12 It is a user’s responsibility, regarding their dedicated server, to check the integrity of their server’s hard drives. This can be accomplished either with specialized tools of the operating system in RAID software cases, or with special tools that the user must install on RAID hardware controllers. Once the problem is highlighted, the Company may ask the user to shut down the server in order to test the operation of the hard drive.

7.13 Enabling more than one dedicated IP is not supported on greek dedicated servers.

7.14 The Company does not carry out any monitoring action on a dedicated server, in regards to hardware and internet. It is a server administrator’s sole responsibility to check and inform the Company for the existence of any issues. Servers having Managed Services are excluded from this term.

7.15 The Company is responsible for the free replacement of faulty dedicated server hardware, like a hard disk, RAM, CPU etc. Every issue based on such is resolved in expected time noted at each SLA and always after notification from the dedicated server’s administrator. Servers having Managed Services are excluded from this term.

7.16 The Company bears no responsibility for the maintenance and integrity of dedicated server services, such as its software, control panel, web server, mail server, MySQL, MSSQL etc. Servers having Managed Services are excluded from this term.

7.17 The Company provides support services to a dedicated server, in the form of an additional paid service. Support plans are optional and can be activated whenever the Customer wishes. The Customer may be informed in detail for the provisions and cost of Managed Services plans, communicating with the Sales Department, before server purchase.

7.18 All services provided through Managed Services plans are enabled or implemented after a Customer’s request.

8.1 All SSL certificates may be renewed up to 60 days before their expiration date.

In regards to RapidSSL & GeoTrust (Symantec) SSLs having been issued before the 1st of December, 2017, the renewal may be accomplished 210 days before their expiration date.

8.2 Private key

a. If the SSL is used for a website hosted on the Company servers, the Company creates and inputs the private key into the Customer’s hosting. The private key is constantly visible in Plesk.

b. If the SSL is used for a Company hosted in another hosting provider, Customer must download and store the private key on their computer, the moment it is displayed and input it themselves in the hosting plan so as for the SSL activation to occur. Τhe private key is not stored in the Company’s database.

8.3 The confirmation process in regards to data required for enabling OV and EV certificates, is done by the Certificate Authority which provides said SSL certificate. The Company is not responsible neither for the data confirmation process nor for the success or failure of such.

8.4 The Company's technical team may take over, with an extra fee, the installation of the SSL certificate that was acquired by the customer from the Top.Host website, subject to the following conditions:

a. the SSL is Domain Validated

b. the server (VPS, Dedicated Server or Web Hosting) on which the SSL will be installed, comes with a Control Panel (Plesk cPanel, Virtualmin, etc.).

The server could be hosted on any hosting provider. All Organization and Extended Validation SSLs are excluded from the service, as well as servers that do not come with a Contrοl Panel.

9.1 General terms

The Company protects the Customer’s privacy and, according to the GDPR regulation, no personal identification or communication data of a domain name owner may be displayed in WHOIS search results.

The ID Protect service continues its subscription-based function for most extensions provided through the Company as official registrar and / or reseller of any other Company / official registrar.

By activating the ID Protect service, third parties may communicate with the owner of a domain name safely, without the owner’s email being known or displayed. In its place an email of a format like [email protected] or [email protected], is displayed, which safely forwards onto the real owner’s email, hence rendering it secret to WHOIS results.

9.2 Activation

The ID Protect service may be activated during the registration of a new domain name or after payment for the service.

Right after service activation, the Company proceeds in the pertinent setting adjustments in regards to hiding / displaying the particular data and WHOIS search results. The Company bears no responsibility to when the third-party databases providing WHOIS searches will be updated.

9.3 Expiration and Renewal

a. The service expires the same date as the domain name for which it was activated.

b. Should the Customer have automatic renewal activated for ID Protect along with a domain name, then the ID protect is renewed with the domain.

9.4 Deactivation

a. The account manager from which the order for ID Protect service came from, can, at any time and for as long as inclined to deactivate the service through the administrative environment of a domain name, at the control panel.

b. In case of service deactivation the specifically formatted email is removed and there is no safe communication of third parties with the domain owner. The Company continues safeguarding the privacy of data and according to GDPR, no personal identification or owner communication data is on display at WHOIS results, for as long as the service remains disabled. When the owner restores the service, the capability of communication as described in 9.1 is restored as well.

c. The deactivation of ID Protect does not affect the service’s expiration date.

9.5 Termination

Should the service be terminated, the fee is not returned, excluding activations made 30 days before the GDPR Act came into effect (25th May), as well as activations made after 25th May.

9.6 Communication

a. The Company interacts with the administrator of the Company’s account for any necessary communication, in the account which the domain name is found and not with the domain name owner, the data of which are protected via ID Protect.

b. Should the domain owner wish to communicate with the Company, they must send an email from the administrator’s email address, with which the domain name is registered.

9.7 Report Abuse

For reporting any kind of legal activity in regards to domain names which have ID Protect enabled and are registered via the use of Company services, the interested party must contact the Support Department.

The Let’s Encrypt certificate is provided by the Company free of charge, for every paid web hosting plan. It is activated by the Customer themselves, through the administrative environment of their web hosting plan.

10.1 The certificate remains in effect as long as the web hosting plan is activated at the Company. Its features are defined by the certificate provider and the Company must adhere to them.

10.2 The Company retains the right of annulling the free certificate provision without any other warning.

10.3 A Customer using Let’s Encrypt certificate through Company services, acknowledges that they have read, understood and agreed to the certificate’s terms and conditions, as defined by their service provider.

Pricing Policy

11.1 The products’ listed prices is in euros and VAT is not included. Payment for products and services is made in advance. The Company has the right of adjusting prices without prior Customer warning. It is understood that the Customer always deposits the price listed on the pricelist for this product or service when ordering such. Potential service payoff expenses concerning the Customer (expense for bank deposits etc.), are paid by the Customer.

Premium domain names (within which is also .GR domains with two characters) are excluded from such. The price of a premium domain name is set by the relevant registry, always refers to the particular domain and appears in the results of searching for domain names of the Company. The Company is not responsible for unexpected shifts to cost from the registrar. The premium domains are excluded from any online offer of the Company.

11.2 The Company maintains the right to offer products, plans, or promotional offers that may include differing service or price terms compared to the ones in effect at the date and time of the original order placed by the Customer.

11.3 Discount coupons and any offers noted on the products at the Company’s website are valid only for the initial purchase or their offer’s time period and do not affect the renewal price of the service or product. The coupon discounts do not stack with other potential discounts or offers that the Customers have a right to.

11.4 The Company reserves the right to designate products, plans, or services as "non-commercially available", according to its commercial policy or any technical limitations related to the Company's infrastructure management. The Company will offer the revamped, commercially available variant of the affected products, plans of services to Customers being affected by such a status change.

11.5 The Company is not liable for any taxes or fees that must be paid in any country and according to whichever tax legislation and concerning exchanges made from the Customer through the provided domain. The Customer agrees to bear full responsibility for taxes or fees or dues in regards to setting up, installing or use of the server, the products or services in their possession or the exchanges made.

11.6 The value of free domain name provided by Top.Host with some hosting plans, cannot be used in credit for any other service and can only be used to register or renew a domain name.

Special Terms for Dedicated Servers

11.7 For servers hosted outside the EU, the Company holds the right to adjust the monthly server subscription in case the exchange rate shifts by more than 20% in relation to the current exchange rate at the dedicated server’s initial order.

The cost shift of the monthly subscription shall be done 1 month after notifying the Customer. The exchange rate that was into effect during the dedicated server’s order is produced from the first invoice of the subscription.

In this case, the adjustment of the monthly subscription will be proportional to the change in the exchange rate of the currency against the euro. The price the Customer pays to the Company for hosting services will not change after the order. The Company retains the right to shift the resources and prices of hosting services displayed at the website for purchase from future Customers.

11.8 For the cessation of service, the Customer has to submit their request for such in written format, at least 30 calendar days before the month when the Customer wished to proceed in the server’s disabling. Alternatively, renewal is made automatically and the deposited warranty is consumed for the entire month.

Payments

11.9 The Company, for the Customers’ comfort, has set up the following terms of payment.

a. For security and identification reasons the Customer must provide further details, like their ID, passport etc. if asked by the Company.

b. If the Customer does not provide requested data or the transaction is not successfully identified by the Company, the Company has the right to not provide the service as well as not return the service fee regarding that exchange.

c. The Customer is not allowed to proceed in virtual, false or non-desirable purchase of services. The Customer is fully responsible for expenses, dues, taxes and contributions stemming from that purchase of services from the Company.

d. The Customer agrees to provide the Company’s support department with any data requested, in case the exchange must be confirmed.

e. The customer accepts the terms and conditions of Everypay.

11.10 Payment with credit card or Paypal

The Customer can pay orders through credit card, Visa, Mastercard, credits and every other offered means supported by the Company. The Customer agrees that any further costs or commissions regarding them and might occur from intermediary payment services are theirs to bear. The credit card is charged after the check and data validation. The Customer is solely responsible for the correct submission of the credit card data.

11.11 The Customer ordering services provided by the Company can choose, through their account’s administrative environment for their credit card to be charged automatically by the Company every month (or, depending on the hosting service’s or domain’s renewal cycle every 1, 3, 6, 12, 24, 36, 48 or 60 months). This way, the Customer authorizes the Company to receive the price of service at every renewal time and before the service is termed expired.

11.12 For the confirmation of a credit card, the Customer agrees to be charged a symbolic amount no more than 2 euros for a few days.

11.13 Payment by deposit onto a bank account

The Customer can pay for their orders through a bank deposit, in one the bank accouns of Top.Host.

Cessation of Services / Contract

11.14 The present contract may be terminated from anyone of the contracted without cause. The Company is not required to return the agreed upon price for the time interval left from the day of termination to the normal expiration date, should the termination be requested by the Customer or the contract is terminated by the Company for violation of terms of use on the Customer’s part.

11.15 Should the Customer declare they do not wish for the continuation of services, then the Company terminates the provided Customer services and deletes from its servers the pertinent registrations and Customer files without any further warning.

11.16 The Company has the right to reject, terminate or suspend the availability of the services offered to the Customer at will, with or without warning, and is not responsible for the consequences, positive or negative, which stems from terminating a website or a server or the termination of some other service. Restoration of service or files in a website hosting account that has been deleted from Plesk & is maintained in the backup infrastructure of the Company is conducted with an additional cost.

11.17 In case the Customer has not paid one or more services on their account, the Company has the right to suspend, disable or terminate the service, domain name, or hosting accounts, without being bound to provide backups to the Customer.

11.18 The Company maintains the right to cancel an account, including files and content for any reason, at any time. The Customer agrees to maintain backups of all files and databases hosted in the Company and agrees that the Company bears no responsibility for loss of data. The Customer is responsible for the creation of backups for their data.

11.19 The Customer, should they no longer want Company services, must declare such through the cancellation form found here. With its sending, a confirmation email for the request is sent to the Customer automatically. In case the Customer has not received such an email they should contact the Company via phone.

11.20 In case of non-timely payment or the charging of the Customer’s credit card is impossible due to non-available sum or because the credit card is no longer valid, the services provided by the Company are set to automatically terminated after the subscription expires.

Notice for service expiration

11.21 Customer receives on their administrative email automated notification for the impending expiration of services 50, 40, 20 and 10 days before the expiration date. The Customer can enable receiving expiration emails via SMS as well, choosing how many days before expiration of the services do they want for the SMS to arrive. The default value is 1.

11.22 The Customer, can, through their account’s control panel, set how many days before the expiration date they are notified by themselves.

11.23 Customer recognizes that beyond their choices, the Company is, in some case, bound to send expiration notices at preset intervals if required by terms of use of some domain registry or service.

In case the domain or service must be renewed on a specific date, the notification are adapted accordingly, to take into account those days.

12.1 This agreement is automatically renewed according to the price currently into effect, on the catalogue for this kind of provided service over the time interval of renewal, unless the Customer does not wish for further cooperation with the Company and notify it of such.

12.2 In any case, the Customer is bound to check that the Company received the notice of subscription payment and enabled / renewed the services for which they have paid. If the Company cannot verify the payment details from service renewal (for example, due to corrupted FAX, never receiving the email notification) then the Company suspends the use of services, with no responsibility for potential damages or malfunctions that may occur during the termination / cessation of its services towards the Customer.

Subscription Model

12.3 In order for the Company to ensure the continuous operation of the Customer's services, the Company's services follow the subscription model. By using the Company's site and in accordance with this subscription model, the Customer acknowledges and accepts that their account is subject to automatic renewals.

This means that for new purchases or renewals of services paid by card or credits, the Customer’s subscription is activated and their service will be renewed automatically in the future by means of the payment method they have selected. Three (3) days prior to any attempt to charge their card, the Customer will be notified by email about the charge that will follow. The subscription model applies to all Top.Host services except for VPS Hosting, cPanel Hosting and cPanel Reseller Hosting.

12.4 If the Customer does not wish to renew their service subscription automatically, they can easily disable it through the subscription management page in their myTophost Panel.

Data Security

12.5 When purchasing a new service with card, an ID code (token) is created after contacting the Eurobank debit system, which is stored on the Company's platform and serves to identify the card upon renewal.

This ID code (token) is a random set of symbols that acts as a substitute for the data of a card. There is no direct mathematical relationship between its original value and the card, so the actual data cannot be determined by a reverse process. The actual correlation between the code and the card is stored in the token vault of the bank and outside of it there is no connection between the two values.

This process allows the Company not to store the Customer's sensitive credit card data in its system, and thus ensures absolute security of transactions. Before the service expires, this ID code is called and after the card is identified, subscriptions are automatically renewed.

To identify the card in our systems specific, non sensitive information is stored in accordance with the Payment Card Industry Data Security Standard (PCI DSS), such as card expiration date, the first 6 and the last 4 digits of the card number. The first 6 digits inform us also about the country and bank issuer, data used to validate payments and avoid fraud transactions.

Recognizing the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No. 280/3 / 23-7-2018 GG B 3010 / 25-7-2018), and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. Everypay is certified in accordance with the PCI DSS compliance standards. All Everypay services are made through secure connections with 256bit SSL certificates. EveryPay also supports the ability to use the 3D Secure service, an additional security token for VISA, MasterCard, Maestro, Diners & Discover. The Payer then has to enter his personal secret code to complete the transaction successfully.

Activate / Deactivate Subscription

12.6 The transition from the previous billing system to the subscription model is progressive. As of July 29, 2019, services purchased or renewed by credit / debit card or credits are converted into subscriptions, that will be automatically renewed in the future before their expiration and only after the Customer has been notified.

12.7 If the Customer does not wish to renew their subscription automatically, they can easily disable it through the subscription management page in their myTophost Panel.

12.8 If the Customer wishes to re-activate a subscription, they can do so through the subscription management page in their myTophost Panel.

12.9 If the Customer wishes to convert a service to a subscription they manually renewed up until now, they can simply make the next renewal with a credit / debit card or credits and the subscription will be activated automatically.

Payment Failure

12.10 The Company's subscription model allows more than one billing efforts in case a payment fails. The first attempt to renew the Customer's subscription is conducted about 10 days prior to its expiration and depends on the service (for example, some domain name extensions require the renewal to be specific days before their expiration), so this time is added to 10 days.

12.11 Failure to pay may be due to the balance of the card or credits, in which case the Customer will receive an email informing them about the reason of the failure. When the Customer receives the first email, they must take the necessary actions recommended in this email to resolve the reason why the payment failed.

12.12 There is one more (1) charging attempts. If the payment fails again, the Customer must manually renew the service, otherwise the service will expire.

12.13 If the Customer wishes to manually renew their service at a different time than the subscription model, they may disable the subscription through the subscription management page and proceed to manual renewal.

Detailed instructions for actions on the subscription model are available in Top.Host’s knowledge base.

13.1 In the hosting plans and services of the Company accompanied by money back guarantee (shared hosting, cloud hosting and managed WordPress hosting), the use of the money back guarantee can be done within a 90-day timeframe from the date the hosting account was launched. Should the Customer not remain satisfied with the quality level of the hosting service of the Company, they may request, within 90 days from account launch, the cancellation of the current contract, otherwise they silently agree with the continued provision of service and give up their right for return of deposited money.

In case of cancellation within 90 days, the Customer is returned the sum of their subscription. In case that the sum included additional fees (domain name purchase, SSL purchase, Static IP purchase, third party resources, bank or credit card resources, installation costs, additional services) the subscription sum is returned to the Customer after the above is withheld. The Company can deny returning the money after the 90th day since registering.

13.2 The above guarantee solely refers to one part of Company services and not all provided services. For example, the following are excluded: Domain Names, VPS, Dedicated Servers, SSL certificates, website builder etc.

It is explicitly noted that no money returns are provided for dedicated servers and relevant addons.

The CDN plans are accompanied by money back guarantee of 90 days for the bandwidth not used by the Customer. If within the 3 months since the plan activation, no amount of bandwidth was utilized per month, the sum not used is added up and returned in the form of credits.

13.3 Only new accounts have the right for recompense. For example, if the Customer had a Company account cancelled and created a new one, they do not get recompense for the latest account.

13.4 For an account cancellation request to be considered valid, the request must be send through the form found here.

13.5 Any term violation of the current is considered sufficient to not return any sum to the Customer.

14.1 All transactions made through the website of the Company are bound by International and European Law, which sets matters concerning e-commerce as well as the Law regarding consumer protection (N. 2251/1994, having been adjusted and in effect today) setting matters of sales from a distance.

The Company acknowledges the importance of the matter of safeguarding Personal Data, as well as electronic exchanges and has taken all necessary measures, with the most modern and advances methods, so as to ensure the greatest possible security. All information relating to your personal data are secure and private.

14.2 The Customer acknowledges that for access to the control panel and Company services, a username and a secure password, which provide access with absolute security on the Customer’s personal data, is required. The password may be altered as many times as the Customer wishes.

14.3 The Customer accepts that they are solely responsible for maintaining the secrecy and access codes of their account from third parties. The password used by the Customer must fall under regulations set by the Company, in regards to character number, combination of letters, numbers and symbols. In case of its loss or leak they must proceed in the timely notification of the Company. The Company is not responsible for the use of said secret password from a non-authorized person.

14.4 The Customer must always keep their contact information up-to-date and notify the Company of any change. Communication and updating of the Company to the Customer for issues related to their account (upgrades to servers, termination - renewal of subscriptions, etc.) are carried out by email or through relevant information pages on the Company's website.

14.5 The Customer acknowledges that the email is defined as the main communication channel between the Company and the Customer and hence must be monitored regularly. The Customer should also set a primary and secondary communication email so as to safeguard the communication of information from Company to Customer.

Transactions Privacy

14.6 All information transmitted by the Customer to the Company is confidential and the Company shall take all necessary measures so as to make use of such only when deemed necessary within the frame of services provided.

Some of the measures taken are the following:

a. Only authorized employees have access to transactions information and only when necessary, for example, for the conclusion of forms.

b. The Company does not reveal Customer data and their transactions, unless having written Customer authorization or such is demanded by judicial decision or decision of other public authority.

c. In case the Company uses third parties for the support of its systems, it takes care of safeguarding privacy.

d. The Customer may ask for any data held for them, as well as their amendment in case they can prove the existence of a mistake.

e. For security purposes, the Customer must treat all information provided through the service as private and not proceed in any revealing of such to third parties.

f. The Customer’s email address may be used only after their consent for the sending of notification emails and newsletters concerning the Company and potential new offers or sales provided from such. Should the Customer not wish to receive such newsletters, they can be deleted from the contact list by pressing the link found at the end of every newsletter.

15.1 The Customer should notify the Company of the email addresses to which the issued invoices shall be sent. In particular, the invoices are sent to the email address submitted at the billing data from the administrator, while receipts are sent to the administrator email. Additionally, the Customer explicitly declares that the particular email addressed and every kind of update regarding such are under their full, sole and uncontested control. No third parties must have access to these addresses unless authorized by the Customer themselves. The Company is responsible neither for the access of any third party in the Customer’s email addresses, nor any damages potentially incurred from said access and / or use of email addresses from third parties.

15.2 For any change in the data submitted and particularly the email address data, the Customer is solely responsible and must update the Company in regards to changes. The Company bears no responsibility in case of lack of ability or delayed access of the Customer in their email.

15.3 The Company has no responsibility for any damages (positive or negative) of the Customer and / or third parties stemming from lack of ability or delayed access of the Customer to their email.

15.4 The Customer accepts that the Company is undertaking every reasonable effort for the safeguarding of the availability of the electronic document transfer service. In any case, after the issuing of a document, it is available also through the Company control panel. The Customer may find and download such from the Order History of their account.

16.1 Enartia Single Member SA (including its subsidiaries) adheres to the measures set out in the EU Regulation no. 2022/2065 – Digital Services Act ("DSA"). Users are responsible for the content they upload, share, or otherwise make available on our services. Any content that violates the DSA, other applicable law or our Terms & Conditions may be subject to removal, and users may be subject to account suspension or termination on Enartia’s initiative.

16.2 We will cooperate with relevant authorities as required by the relevant regulation and DSA, including providing information (including personal data) and assistance in investigations. The single point of contact will be reachable, at the following email address: [email protected] .

16.3 If any person or entity is aware of the presence of specific items of information and/or content on Enartia’s services that individual or entity considers to be illegal content, the individual or entity may contact Enartia at the Abuse Email and send a report (the “Report”) that meets all the requirements below: (a) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; and (b) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service; and (c)the name and email address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (d)a statement confirming the genuine belief of the individual or entity submitting the notice that the information is accurate and complete.

16.4 Once Enartia receives a report, it will send a confirmation receipt to the individual or entity without undue delay. Where a Report meets the above requirements, Enartia will notify that person or entity of its decision, providing a “statement of reason.” Enartia s not required to undertake a detailed legal examination of the facts in the Report but must carry out a review at the level expected of a diligent hosting provider.

16.5 If the individual or entity does not agree with Enartia’s decision, they may contact Enartia once again, at the Abuse Email, setting out the reasons they do not agree with the decision. Enartia will examine the request and communicate the final decision to the individual or entity. Notwithstanding the above process, the individual or entity may also report the allegedly illegal content or activity to public authorities in order to defend its rights.

16.6 To enhance transparency and in compliance with the DSA,Enartia may publish reports outlining its content moderation practices, including the number and nature of content removals and user accounts suspended or terminated.

17.1 The present terms of use of the Company services are composed according to greek applicable laws, are governed by greek law, the applicable law of the European Union and the International Agreements and interpreted according to good faith, trading practices and the social and economic purpose of the right. Should any term or provision of the above terms of use is considered null or void, this would not influence the validity and enforceability of the rest of the terms. The contractors will, according to the above-mentioned principles, undertake every possible attempt so as to replace null or void provisions or terms with others suitable which approach the content of null or void terms or provisions as much as possible.

17.2 The subscribers of the Company’s services must be above 18 years old.

17.3 The Customer agrees that all data submitted in the forms sent to the Company are truthful and accurate. The Customer also does not knowingly violate the rights of third parties. In case of legal entities, the Customer binds the particular legal entity.

17.4 From the use of websites of the Company, it is presumed that the Customer agrees to all terms written in the present page and the reading of the present text is required before the use of services from the Company and the submission of any order of products or services. Additionally their consent and the unreserved acceptance of the written terms, is expressed, confirmed and declared responsible by clicking the link “I have read and agreed to the Terms of Use” or any other way which can lead to use or service order or use of Company websites and considered their signature on the present text.

17.5 The Company provides the Customer with third party software depending on the ordered service. The terms of use of such can be different from the Company’s terms of use. The Company Customers are bound by all terms of licenses relating to third party software and must accept them. The provision and offer of third party software is not part of Company software. The Company cannot provide support or guarantees in regards to its use and function.

17.6 Every electronic service order is sent to the Company through the internet, if, and only if, the Customer has previously unreservedly accepted the previously noted terms of agreement, as further proof that the Customer received full knowledge of the terms and unreservedly agreed with such.

17.7 The Customer agrees that for any dispute arising between the Customer and the Company, greek law shall be the applicable law and the pertinent courts for resolving such dispute will be the Courts of Heraklion, Crete. The Company has the right to change without warning but with later notification of Customers, the Terms of Use of the present Service Provider Agreement.

17.8 The terms included in the present, replace any other agreement or arrangement between the Customer and the Company, verbal, written, or of other way, including potential declaration from some Company spokesperson. The Customer accepts that there can be further terms for use of certain services.

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