TERMS OF USE

1. Introduction

1.1 Top.Host, hereinafter referred to as the Company, is a website providing products and services via the Internet created by the Company "Frangoulis Maounis and Co”, based in Heraklion, Crete, Street S., Industrial Area with TIN 998445636 and Tax Office Heraklion, tel. 281 510 2911. The following terms and conditions will apply to the use of the website of the Company, which is online at https://www.top.host By using the website or the services provided by the Company, users indicate full acceptance of the terms and conditions established now or in the future by the Company. 

1.2 If a user or user representative does not agree with these terms and conditions, they should not make use of the website and services of the Company. The users of the services of the Company or visitors of the site https://www.top.host will be referred to as "Customer", regardless of whether they purchase services or products from the Company. 

 

2. Copyright 

2.1 This website is one of the official online stores of the Company. All website content, including images, graphics, photographs, texts, services and products are the intellectual property of the Company and protected by the relevant provisions of Greek law, European law and international conventions. All content of this website has been deposited with a notary who has certified intellectual property.

2.2 Any copying, distribution, transfer, processing, resale, creation of derivative works, or misleading the public about the real provider of the Content of the website is strictly prohibited. Any reproduction, republication, uploading, posting, or transmission or any other use of the Content in any way or means for commercial or other purposes is permitted only with prior written permission of the Company or any other copyright holder. The names, images, logos and distinctive features representing the Company or third parties and their products or services are proprietary marks of the Company or third parties protected by relevant trademark laws. Their appearance on the website should in no way be construed as a transfer or license or right to use them. 

 

3. Services and Company Responsibility 

3.1 The Customer certifies that the material to be "uploaded" to the server will be ready and will not need any further processing by the Company to operate. The Company has the right to access the files, websites and data of the Customer. This term does not apply to Dedicated Servers.

3.2 The Company discloses via email to the Customer how they can access the Control Panel and the manner of publication of the files on the Internet, the installation of email accounts, as well as the necessity to study the user manual of the virtual server and the Control Panel. This term does not apply to Dedicated Servers.

3.3 Customer agrees that they have the necessary knowledge to build / publish on the Internet the website and that the Company is not responsible to provide this knowledge or other programming skills to the Customer or to educate the Customer. The Company is not obligated to provide technical support except as specified herein. The Company may, exceptionally, if it so wishes, provide support and advice on issues not related to the hosting of the site (Additional Technical Support). This term does not apply to Dedicated Servers.

3.4 Any request for additional technical support may be denied by the Company with or without cause. It is the sole option of the Company whether to provide any additional technical support and if done once, it can be interrupted at any time without notice and without any liability or responsibility for the Company.

3.5 The Company has no control over the content of the information passing through the network of servers, also does not guarantee the reliability of any information contained on the web through or because of its services. Moreover it does not guarantee the commercial or personal solvency of any presented online or the fulfilment of any specific promises / offers from third parties and is not responsible for any damages that may occur to the Customer or to those who deal with him, including loss of data, due to delays, non-delivery of goods or service or interruption for any reason, error or omission.

3.6 The use of any information provided through the INTERNET is under the responsibility of the one who uses it and the Company has no responsibility for the accuracy or quality of this information. The connection speed referring to the website represents the speed to the central network (backbone) and not the speed from end to end.

3.7 The Company has no responsibility for any damage caused in the event of unavailability of the network or system and can not guarantee that the hosting service will be uninterrupted or no error will occur, due to the special nature of the Internet and networks through which information is distributed.

3.8 The Company, under all conditions and circumstances and for any reason, has no responsibility for any damage resulting from the use, availability or unavailability of the services offered. 

3.9 The Company upgrades regularly installed applications on the servers in order to maintain security at the highest possible level and to provide the latest versions of Plesk Platform, PHP, MySQL, ASP.NET, Perl, Zend, ionCube etc. It is the obligation of the Customer to update accordingly his code pages (the code PHP, MySQL queries, ASP etc of websites the Customer retains on the space offered by the Company) so as to be compatible with the servers of the Company. The Company is not responsible for any loss, damage and moral damage resulting from these upgrades and the inability or unwillingness of Customers to customize the web pages with the upgraded versions of the different applications and computer programming languages ​​that are installed on the servers of the Company.

3.10 The Company does not bear responsibility or liability for any loss, damage and moral damage resulting from failure to provide services or the Technical Support and the Customer is bound by their acceptance of this that they will not raise any kind of claims other than those provided for in the SLA of the Company at https://top.host/webhosting-sla-service-level-agreement.htm.

3.11 The Company periodically takes backup copies of the files and databases of the Customers, using hosting services on its servers, but not for their mails. The Company assumes no liability if the backup is not updated or may not be used. The recovery of files from the backup is charged. The Customer is obliged to keep a backup copy of their files, databases and emails, using the tool myTophost Backup, provided via myTophost Panel, or Back manager (only for windows hosting), provided through Plesk. Both for safety reasons and in accordance with clause 4.12, the backup will be stored locally on the Customer’s computer.

3.12 The Company will work with the authorities responsible for law enforcement and related to space, data, email and content of the Customer. This may lead the Company to disclosure of all the information provided to the Company, including information found on the Company's servers, files and Customer database.

3.13 The Company is not liable to ustomers / users for damages that may result from the execution or not of their order. Also reserved to the time of delivery of products and services in cases of force majeure. 

3.14 All web hosting accounts automatically display the page "Under Construction" upon activation. This page informs users that a hosting account has been created with our Company. The page "Under Construction" can be removed by the user at any time after acquiring access to the web hosting account. The page "Under Construction" can include elements such as, (i) links to products or services of the Company, (ii) advertisements for products or services of third parties and (iii) information search form on the Internet.  

3.15 For each new Shared Hosting or Reseller Hosting package from Top.Host, there is no limit to the number of static or dynamic web pages, which the Customer can request from the Top.Host support team to transfer. The conditions for undertaking the process are:

  • the moment that the application for transfer is filled, the files should be hosted on another provider and not Top.Host
  • the transfer request should be submitted within 15 days from the payment settlement of the order
  • access to the management environment of the previous server or backup of files and databases to be transferred should be available to our team.

 

4. User Responsibility and Non-Permissible Use of Servers 

4.1 The Customer acknowledges that they will not use the website of the Company, the services it provides and its servers for: 

a. delivery, publication, send via email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, vulgar, obscene, slanderous, violates the privacy of another, shows empathy, or expresses racial, ethnic or other form of discrimination 

b. causing harm to minors in any way 

c. delivery, publication, send via email or otherwise transmit any content for which you have no right to transmit under law or contractual or management relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or covered by confidentiality agreements) 

d. delivery, publication, send via email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties 

e. delivery, publication, send via email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to cause interruption, damage, destruction or operating equipment of any software or hardware 

f. intentional or unintentional violation of applicable law or the provisions thereof

g. harass third parties in any way 

h. illegally collect or store personal data about other users 

4.2 The Company has the ability to reject or delete material hosted on the server it has provided, if this material infringes any law in relation to intellectual rights, copyright, is pornographic (not applicable to Dedicated Servers), racist or pirated content (hacking, pirate softwares, warez sites, serial numbers), concerning drug trafficking, attempting illegal penetration into a computer or contrary to any other law. In such circumstances the Company has the right, without notice, to immediately disable the account and access to the site through the Internet without any liability for any damages caused to the Customer or to third parties. The Company then informs the Customer to remove the material. In case the Customer does not immediately comply the Company is entitled to completely delete the account.

4.3 The Company follows a very strict policy on spam emails and may cancel the Customer's account in case of dispatch   of unorthodox / unwanted bulk email (spam mail). An email is spam when sent to many recipients who did not ask to receive it. The Customer agrees not to send any of the following types of email: (a) Advertising or informational, including without limitation commercial advertising, except to those who have explicitly requested from the Customer such emails. (b) Annoying email, either through the language in which they have been written, the frequency they are sent or the size of messages. (c) Chain mails (d) Bulk advertising or information e-mails. 

Top.Host reserves the right to decide if a Customer action is considered as "spam", "mail bombing", or "bulk e-mail". The Customer who uses the services of the Company for spamming will be charged a fee for system management and recovery costs. The amount of this fee will be determined solely by the Company.

To protect IPs of servers from being entered in spam lists, Top.Host applies security mechanism on the permitted number of emails sent by users per hour. Upon Customer's request, this mechanism can be made exceptionally slightly more flexible, and if the operators of the servers deem that this will not compromise the reliable operation of the dispatch service of emails.

4.4 The available resources of the servers are reserved for use within the accounts of the Company's Customers. The placing of resources in any way to sites of third parties in any form, including but not limited to sourcing graphics or text from third party sites of material that is in servers of the Company, carrying banner exchange programs etc., is strictly prohibited.

4.5 SSH access is given after the Customer's request. The Company has the right to deny access or provide limited access for execution of specific commands.

4.6 The dispatch of emails to the server or any message sent to harass to a network directly or indirectly connected with the Company as the attempt to circumvent the user authentication or the security of the host, network or account, is strictly prohibited. Access to any information not addressed to the Customer is strictly prohibited. It is prohibited to breach the security of any network, Spawning, Port scans, ping floods, packet spoofing, forging router information, denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop, publication of viruses, execution of chat rooms, Internet Relay Chat, iRC bots (such as eggdrop), PhpShell and other similar programs, the audio, radio and video streaming, file uploads to the server for the purpose of downloading by the general public and gallery sites which make excessive use of resources. Any activity, whether or not it will lead to loss of information will be investigated and appropriate action will ensue.

4.7 Unauthorized background processes or authorized background processes that jeopardize the security of our servers, will result in the termination or the cancellation of the Customer's account.

4.8 The Customer agrees that they will build websites in such a way as to avoid overloading the servers of Top.Host, limiting the use of code and applications that require high processing power. Top.Host has the right, if the Customer's site is the cause of problems in providing hosting services to other Customers on the same server, to disable immediate and without notice the access to the Customer's site. If case where Top.Host shall undertake such action, the Customer will be informed as soon as possible and Top.Host will work with the Customer to eliminate the reason that lead to the suspension of services.

4.9 The Customer agrees to the following conditions:

a. To not execute any autonomous processes on the server. This term does not apply to Dedicated Servers.

b. To not execute any executable files that make excessive use of bandwidth, such as IRCD, chat daemons, .exe, .com etc.

c. To not execute any type of web spider or indexer (including Google Cash / AdSpy).

d. To not execute any bit torrent application, track or client. The hosting or link of any illegally transmitted files is strictly prohibited.

e. To not participate in any activity related to file-sharing & peer-to-peer networks.

f. To not execute any gaming server as counter-strike, half-life, battlefield1942, minecraft etc.

g. To not run cron tasks & amp; schedule tasks at intervals of less than 15 minutes. This term does not apply to Dedicated Servers.

h. To not use scripts to call any file that is not local. Calling any file or URL to a remote server must be stated to the Company when it concerns shared hosting plans. The Company has the right to prohibit this without announcing it to the Customer.

i. To not have on the server any mailbox that its size exceeds 200 MB. This term does not apply to Dedicated Servers.

j. To keep updates the software that they install on their hosting plans, taking all necessary measures and configuring all the settings that ensure the website security and protection from malware.

4.10 CPU, Memory, Disk IO, Entry Processes

a. The above resources that a shared hosting plan uses, are not Unmetered. Those resources have specific values, depending on the service and the server on which the plan is hosted.

b. Databases hosted on the Company's servers, should not exceed 300MB (MySQL) and 1GB (MSSQL), and should not cause any performance problems on the server due to excess usage of CPU, Memory or Disk IO available to each Customer account, in accordance to the clause 4.10.a.

4.11 The Customer must use the site exclusively as a conventional website. The use of services and the Company's equipment must always be in a manner consistent with this Agreement and in any case should not affect the operation of the equipment or the network of the Company. The use of excessive system resources is not acceptable. If the use of the Company's services by the Customer creates, at the discretion of the Company, beyond the permissible limits, overloading of equipment and the Company's resources, the Company may suspend the operation of an account until the cause of the overload is determined and resolved. The Company reserves the right to eliminate intensive mechanisms that affect the CPU. This term does not apply to Dedicated Servers.

4.12 The Customer understands and agrees that no part of the services offered by Top.Host, such as space, the emails or data transfer (bandwidth) can be used for backup storage purposes (backups). The Customer must in no case upload, download or store in the space provided, any files that are not directly related to what is necessary for the operation of the Customer’s website. This term does not apply to Dedicated Servers.

4.13 The Customer is required to supervise the amount of space occupied by them and other users of their account on the hard disks of the Company, so as not to exceed the limits set. If the space occupied exceeds the limits, the Company will charge the Customer for the use of additional resources and reserves the right to delete files, to return the used space to the permissible limits. This term does not apply to Dedicated Servers.

4.14 It is the Customer's responsibility to ensure that the code and applications that are installed on their account are secure and directories and file permissions are correct, regardless of the way they were installed. Where possible, the Customer should assign file permission 755 to lists and files or the most restrictive possible. The Customer is responsible for all operations carried out in their account. 

4.15 The Customer must use a secure password. If the password used by the Customer is simple, the account may be suspended until a more secure password is used. For security reasons, it is recommended that the Customer changes the password every six months.

4.16 The shared hosting accounts may not be resold to third parties. If you wish to resell hosting services, you must use a reseller plan. 

4.17 The Company has the right to restrict the volume of messages sent or received by users in order to maintain the quality of email service to other members and to protect the systems of their computers. As the owner and / or operator of the equipment and other resources used to provide services, the Company has the right to block electronic communications from other organizations online.

 

5. Security 

5.1 All transactions made through https://www.top.host are governed by the International and European law that regulates issues relating to electronic commerce as well as the Law on Consumer Protection (L. 2251/1994), which regulates matters concerning remote sales. The Company recognizes the importance of the issue of security of personal data and electronic transactions and has taken all necessary measures with the most modern and advanced methods so as to provide the best security possible. All information related to your personal information are secure and confidential.

5.2 The Customer accepts that the administrative actions taken on the servers, may be recorded under Greek law.

Customer recognition

The security of the Company’s online store is achieved with the following methods: 

5.3 The codes used for identification are two: the Username and the Password, which provide secure access to the Customer’s personal information, each time they are entered. There is the possibility to alter the password as often as the Customer wants. The only person who has access to the data is the Customer through the above code and is solely responsible for maintaining its secrecy from third persons. The code used by the Customer must be more than six characters, with a combination of letters, numbers and symbols. In case of loss or leakage the Company should be immediately notified. The Company is not responsible for the use of a password by an unauthorized person. The Company’s online store does not disclose or publish in any way the personal data and the information provided to the Company. The personal data that the Customer places to the disposal of the Company are used exclusively for the execution of transactions. All information is encrypted and stored securely. 

Communication

5.4 The Customer must always have the personal details and all contact information (address, phone, email) updated and notify the Company of any changes. The communication and information of the Company to the Customer on matters concerning their account (upgrades to servers, expiry - renewal of account etc.) is conducted via email or through related information pages on the Company site. The Customer must regularly check the email designated as the main contact email and the website of the Company to be informed on matters related to their account. The contact email should not be an email that is kept on the servers of our Company.

Privacy of transactions

5.5 All information sent by the Customer / subscriber of the Company is confidential and the Company has taken all the necessary steps to use them only when necessary in the context of service. Some of the measures taken are the following: 

a. Only authorized personnel has access to information and transactions and only when necessary, e.g. to process requests.

b. The Company does not disclose Customer information and transactions, unless it has written authorization from the Customer or this is imposed by court order or decision of any public authority. 

c. Where the Company uses third parties to support its systems, is ensured the guarantee of confidentiality.

d. The Customer may request any information held on them and to correct them if they can demonstrate the existence of error.

e. For security reasons, the Customer must treat all information provided through the service as confidential and secret and to not make any disclosure to third parties. 

f. The Customer’s electronic address is used by Top.Host for sending informational newsletters about the Company and any new offers or discounts provided by the Company. If the Customer does not wish to receive informational emails of this kind, they can be deleted from the contact list by clicking the link at the end of each informative newsletter.

 

6. Pricing and Cancellation of Services / Agreement

Pricing Policy 

6.1 The indicated product prices are in euros and do not include VAT. The payment for the services and products is made in advance. The Company reserves the right to change prices without prior notice to the Customer. It is obvious that the Customer always pays the price marked on the relevant lists for this product or service at the time of order.

6.2 The Company has the right to offer plans or special offers that will have more favourable terms or prices than those that existed when the Customer initially purchased services from the Company. These price changes and conditions do not affect the existing prices of the parties.

6.3 The price paid by the Customer to the Company for hosting services will never change after the order. The Company reserves the right to change at any time the resources and prices ​​of hosting services displayed on the site for purchase by prospective Customers.

6.4 The discount coupons are valid only during the initial order and do not affect the renewal rate of a service or product.

6.5 The offer of the Company for free domain name in the Web Hosting plans, cannot be used in combination with any other discount offer.

6.6 The value of the free domain name provided by the Company with hosting plans, cannot be used in the form of credit for another service and can be used only for registration or renewal of a domain name.

 

6.7 Additional terms for Dedicated Servers:

a. For servers hosted in the data center of America, where the value of the euro against the dollar suffers a decrease greater than 20%, compared to the rates prevailing in the original order of the Dedicated Server, the Company reserves the right to adjust the monthly rent of the server. The change in the cost of the monthly subscription will apply 1 month   after informing   the Customer. The rate applicable during the order of the Dedicated Server, is indicated in the first subscription invoice.
In the above case, the increase in the monthly fee will not exceed the increase of the rate of the dollar against the euro. The price paid by the Customer to the Company for hosting services will never change after the order. The Company reserves the right to change at any time the resources and prices ​​of hosting services displayed on the site for purchase by prospective Customers.

b. For the cancellation of the cooperation and the return of the warranty, the request for interruption of the service should be submitted at least 30 days before the end of the month in which you wish the server to be deactivated. Otherwise, the renewal is automatic and automatically consumes any paid warranty for the entire month. After the term of use of the warranty the server is automatically cancelled. The specific term only applies to servers for which warranty has been paid.

c. The Company reserves the right to reset the password on a dedicated server, if the code that we have is not updated, so we can perform all the necessary security checks, as required by the data center. It is the Customer's responsibility to ensure that we are given a valid email address and root password to the dedicated server, to avoid any interruption of server availability (downtime) from the codes reset requests. The Company reserves the right to control their servers according to specific requirements and to perform various administrative operations, at the request of the data center. For the Dedicated Servers we do not support ANY backup service, but it is the responsibility of the Customer themselves. The Customer can obtain an additional hard drive and keep the backups there, as the simplest solution. Please contact the Sales Department at email sales@top.host if you wish to get a second hard disk.

d. All Dedicated Servers are provided in monthly rent form, and are located in a data center in America or Europe, depending on the selected plan. The Customer's access to the Dedicated Server is done remotely, via the Internet, with Remote Desktop (for Windows Dedicated Servers)or Telnet (for Linux Dedicated Servers).

e. In case of late payment of the subscription renewal fee of the Dedicated Server, the server is cancelled the day following expiration of the subscription. The data stored on the server are deleted and the server is made available for rent from another Customer. In the event that the renewal payment occurs after the expiry, and if the reactivation is possible, there is a charge to reactivate the server.

f. It is the responsibility of the user of the dedicated server to verify the proper function of the hard disk of the server. This can be done either with the built-in tools of the operating system where RAID Software, or specialized tools to be installed by the user to Hardware RAID controllers. After the identification of the problem the Company may request of the user to shut down the server so that all HDD operation control tests can be performed.

g. In greek Dedicated Servers the activation of more than one Dedicated IP is not supported.

h. The Company does not perform any monitoring on dedicated servers, neither on a hardware nor on a network level. It is the responsibility of the administrator to check and inform the Company for any problems that might occur. This term does not apply for the servers that have Managed Services.

i. The Company is responsible for the free replacement of problematic hardware of a dedicated server, such as hard disks, RAM, CPU etc. Any problem that might concern the above is resolved within the time frame of the respective SLA and always after the suggestion of the Dedicated Server administrator. This term does not apply for the servers that have Managed Services.

j. The Company does not bear any responsibility for the maintenance and proper operation of the services of a Dedicated Server, like ots operational system, the control panel, the web server, the mail service, MySQL, MSSQL etc. κ.α. This term does not apply for the servers that have Managed Services.

k. The Company provides support services on dedicated servers in the form of additional services, for a respective fee. The support plans are optional and can be activated anytime the Customer wants.

l. You can be informed in detail regarding the cost of the Company's "Managed Services", by contacting the sales department.

m. All "Managed Services" are activated or executed after the Customer's request.

 

Payments

6.8 For identification purposes and security of transactions, the Customer, if requested by the Company, should provide further information such as the identity card number, passport etc.

6.9 If the Customer does not provide the information requested or the transaction is not successfully identified by the Company, the Company has the right not to provide the service and not to refund the charge relating to this transaction.

 

Credit Card or Paypal Payment

6.10 The Customer must not proceed to virtual or illegal purchases. The Customer is fully responsible for all charges, fees and taxes that result from the transaction with the Company.

6.11 The Customer has the option of paying for their orders via credit card (Visa, Mastercard) and through Paypal. The credit card charge is made after the verification of the card information and validity. The Customer is solely responsible for the proper recording of the credit card information.

6.12 The Customer who orders web hosting services can select for their card to be automatically charged by the Company each month (or depending on the renewal cycle of the hosting subscription of his domain every 1, 3, 6, 9, 12, 24, or 36 months) and give the Company the right to collect the corresponding amount at a predetermined date of each month, or similar regular interval in which the service which has been ordered by the Customer is overdue. This setting is available through myTophost Panel.

 

Payment by Bank Deposit

6.13 The Customer has the option of paying for their orders through deposit in bank accounts that appear during the submission of their order. In this case, the Customer must pay any bank fees and inform the Company of the deposit transaction number and the bank branch where the deposit was made. The notification is made online via myTophost Panel .

 

Cancellation of Services / Agreement

6.14 This agreement may be terminated by any of the parties, without cause. The Company is not obliged to reimburse the agreed amount for the period remaining from the date of the termination to the normal end of the contract if the termination is requested by the Customer or the agreement is terminated by the Company for breach of the terms by the Customer.

6.15 If the Customer states that they do not wish to continue using the services, then the Company interrupts the operation of the Customer’s website and deletes it from its servers, without further notice.

6.16 The Company reserves the right to refuse, terminate or suspend the services provided to the Customer at will, with or without notice, and will not be responsible for consequences, positive or negative, resulting from the termination of a website from one of its servers or termination of any other service. Restoring files to a web hosting account is charged.

6.17 If the Customer has not paid for one or more services in their account, then the Company has the right to suspend, stop or delete all the domains or hosting accounts, paid or not, without the obligation to provide back up to the Customer and without prior notice to the Customer.

6.18 The Company reserves 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 by the Company and agrees that the Company will have no liability for lost data. The Customer is responsible for backing up data.

6.19 In case the Customer no longer wants the services of the Company this should be stated through the cancellation form located in the plan management page at myTophost Panel. After submitting the form, a confirmation email of the application is automatically sent to the Customer. If the Customer does not receive the confirmation email, they must contact the Company.

6.20 In case of late payment or if it is impossible to charge the credit card of the Customer, our services are scheduled to be automatically stopped after the end of the subscription.

6.21 In case of non sufficient available credit on the Customer’s credit card during the attempt to charge the amount to the Customer’s card (for the specific service) the Company's services are scheduled to be automatically stopped after the end of the subscription.

6.22 The Company reserves the right to terminate or to suspend without notice, any service for which the Customer did not pay or has requested a refund after its payment.

6.23 If the hosting services are not renewed within 30 days of the expiration date, all settings, files, the mail accounts and databases of these services are deleted from the servers of the Company without prior notice to the Customer.

 

7. Money Back Guarantee

7.1 The Company’s virtual server hosting plans are accompanied by a money back guarantee of 90 days from the start date of the hosting account. If the Customer is not satisfied with the level of hosting services (web hosting) of the Company, they may request the cancellation of this agreement, within 90 days from the start of their account. Otherwise they implicitly agree with the continuation of service and waives their right for reimbursement of funds already paid. In case of cancellation within 90 days, the amount of their subscription is returned to the Customer. If the subscription amount included additional costs (purchase of domain name, SSL, dedicated IP, third party or bank fees or credit card fees, installation costs, additional services) the amount of the subscription is returned to the Customer after deduction of these costs. No refund is made after the 90th day of the subscription. The above guarantee covers only the Shared Hosting & DNS Hosting plans and not all of the services provided by the Company, such as Dedicated Servers, Reseller Hosting etc. For the Dedicated Servers and the corresponding add-ons no refund is provided.

7.2 Only new accounts are entitled to compensation. For example, if the Customer already had an account with the Company, cancelled it and created a new account, they are not entitled to compensation for the last account.

7.3 To be considered valid, the account cancellation request must be sent through the cancellation form located in the plan management page at myTophost Panel.

7.4 If the Customer has acquired a code for free registration or renewal of a domain name with the purchase of a hosting plan, for which the cancellation form has been submitted, the total value of registration or renewal of the domain name is deducted from the final amount to be refunded.

7.5 Any violation of those terms is considered likely to result in failure to refund any amount to the Customer.

 

8. Renewal of Services 

8.1 In case of payment of the subscription by bank deposit, the Customer shall pay any bank fees and to inform the Company of the deposit transaction number and the bank branch where the deposit was made at least 2 working days before the expiry of the subscription. The notification is made online via myTophost Panel. If the Customer cannot submit the deposit receipt online or if required by the Company, the Customer must send it by facsimile at 00202810229010 or email at billing[at]top[dot]host, indicating clearly on the deposit receipt their personal details, their domain name and the type of service that they pay.

8.2 In any case, the Customer must verify that the Company has received notice of the payment of their subscription and activated / renewed the services for which they paid. In the event that the Company can not ascertain the outstanding balance payment information for renewal of services (e.g. due to illegible facsimile, non-delivery of the update email to the Company), then the Company interrupts service to the Customer, without any liability for damages or damage caused by the termination / suspension of services to the Customer. 

9. Expiry notifications

9.1 The Customer receives an email with automated alerts of impending expiry of the services 35, 15, 10 and 5 days before the expiration date. If the Customer has activated the automatic renewal service by credit card, they receive an email with automated alerts of credit card charge attempt 35 & 34 days before the expiration date of the service. In case of the unsuccessful debit of their credit card, the Customer receives a notification by email 28 days before the expiry, to make a manual renewal of the service.

9.2 At the expiration date of the domain, the Customer automatically receives the email alert that the domain service has been suspended and receives a second reminder to make a renewal of domain services 5 days later.

10. Additional Fees

10.1 The Company is not responsible for any taxes or fees payable in any country and under any tax legislation and relating to transactions made by the Customer through the offered server. The Customer agrees to assume full responsibility for taxes, fees or fees associated with the use of the server or the products or services provided or transactions made.

 

11. Disclaimer - Guarantee - Compensation 

11.1 The Company makes significant efforts to ensure the website https://www.top.host includes accurate and up to date information. However, the Company is not bound as to the accuracy, timeliness and completeness of the content published and therefore bears no liability of any kind.

11.2 The Customer agrees to defend against any court, will ensure, keep away from any danger, from all claims, losses, financial claims and liabilities, the Company and will cover against any financial costs including attorneys' fees, also they will cover any matter or claim due to damage or injury or any other reason raised themselves or any third party against the Company or the Customer by the activities and services or other acts of Customer or contents and information moved through the server of the Company or due to a malfunction of any of our servers, with or without the consent of the Customer or associate thereof.

11.3 Additionally, the Customer expressly declares and commits by this, that in case brought against the Company, any action, claim, or other judicial or administrative process claim and arises from the breach by any kind of third party rights, is required to intervene in judicial or administrative proceedings and to fully indemnify the Company, in the event that the latter is forced to pay compensation or any other cost.

11.4 According to European Commission Directive, consumers and traders have at their disposal the platform Online Dispute Resolution - ODR for online dispute resolution for their disputes, whether they concern domestic or cross-border transactions. The ODR is connected directly to the competent bodies Alternative Dispute Resolution (ADR) in each country, which assume the handling of complaints. For Greece these bodies are (a) the Independent Authority "Consumer Ombudsman" and (b) the Ombudsman for Banking - Investment Services (see the bodies for each country here).

 

12. Regulation on Management and Assignment of .GR domain names and international TLDs 

12.1 The Customer / user and / or future owner of domain names should read, understand and agree with the Regulation on Management and Assignment of Domain Names and all such modifications. The website of ΕΕΤΤ contains all regulations and any modifications thereof. The Regulation Texts for the .EU domain names can be found here. The regulation texts gTLDs, such as .COM, .NET etc., can be found here.The domain name registrations are made by the staff of the Company during business days and hours, after the registration request and payment settlement.

12.2 The Company has no responsibility if during your ordering process and before the payment, the domain that you selected has been registered by someone else, since we complete the registration process after confirming your payment. If this happens, you can search for and register another domain name.

12.3 Amounts corresponding to registration or renewal of domain names can not be canceled or returned after payment.

12.4 If an application is submitted to change registrar at Top.Host for COM, .NET, .ORG, .INFO extensions within 45 days from the date renewed with the original registrar, the transfer cost does not ensure the renewal of the name for an additional year according to policy.

 

13. Acceptance of Terms of Use 

13.1 These terms of use of the website https://www.top.host are prepared in accordance with all the norms of Greek territory, governed by Greek law, the applicable legislative EU provisions and international treaties and construed in accordance with the rules of good faith, business ethics and social and economic purpose of the right. Should that term or provision of these terms of use may be deemed to be invalid or voidable, such invalidity or voidness will not affect the validity of the remaining terms; whereas the parties will make according to the above principles every effort to replace the invalid or void provisions or terms with others that are as close as possible to the content of the void or voidable terms or provisions.

13.2 Subscribers of the Company's services should have reached 18 years of age.

13.3 By using the Top.Host website it is assumed that you agree to all terms found on this site and you must read this text prior to using any of our services and ordering any of our services or products, and in addition your consent as and the full and unconditional acceptance of the listed terms, is expressed, certified and warranted by the use of the presentation and / or pressing the mouse on the link "I have read and agree to the Terms of Use" and any other link that can lead to ordering a service or use of Company websites, and is considered as your signature hereto. 

13.4 The Company provides to the Customer Third Party Software depending on the hosting plan ordered. The license terms governing the use of third party software may differ from the terms of use of Top.Host. The Company's Customers are bound by all the terms of the licenses related with third party software and must accept them. Providing and offering third party software is not part of the Company's software. The Company can not provide support or warranties regarding the use and functionality of this third party software.

13.5 Each online order for services is sent to the Company via the Internet, if and only if the Customer has previously unconditionally accepted the above terms of agreement, as further proof that the Customer has received full knowledge of the terms and unreservedly agreed with them.

13.6 The Customer agrees that any dispute arising from the use of this presentation shall be subject to the laws of the Greek state and the competent court for the resolution of these disputes will be the Courts of Heraklion, Crete. The Company has the right to amend without notice the Terms of Use of the Services Agreement. The latest version of the terms can be found at https://www.top.host/terms-and-conditions.htm.

13.7 The terms and conditions contained herein supersede any other agreement or negotiation between the Customer and the Company, oral, written or otherwise, including any statements by a representative of the Company.