Terms of Service

1. Provider, scope, and acceptance

These Terms of Service govern electronic services and hosting services provided under the OHOST brand by Karol Fliszkiewicz, operating in Poland.

The Terms apply to trials, paid services, support interactions, abuse handling, and any access to infrastructure, panels, virtual servers, game server hosting, Discord bot hosting, or related technical resources.

• 1.1. By creating an account, starting a trial, placing an order, making a payment, or using the Service, the Customer accepts these Terms.
• 1.2. If the Customer acts on behalf of an organization, the Customer represents that they are authorized to bind that organization.
• 1.3. Any mandatory rights granted to consumers under applicable law remain unaffected.

2. Technical requirements and service model

• 2.1. Use of the Service requires internet access, an active email address, and a modern web browser with JavaScript and cookies enabled.
• 2.2. Unless expressly agreed otherwise in writing, the Service is provided on an as-available and best-effort basis and may rely on shared, virtualized, or third-party infrastructure.
• 2.3. The Provider may use subcontractors, upstream carriers, software vendors, payment processors, data centers, and external security providers.
• 2.4. The Provider may change hardware, virtualization layers, panels, IP addresses, routing, software versions, or data center location where operational, legal, commercial, or security reasons justify the change.

3. Customer account, data, and operational responsibility

• 3.1. The Customer is solely responsible for all activity performed through the Customer account, panel users, API keys, SSH keys, passwords, tokens, and connected applications.
• 3.2. The Customer must maintain lawful use, secure configurations, software updates, valid licenses, malware protection, and access control within the Customer environment.
• 3.3. The Customer is solely responsible for all content, applications, databases, logs, end-user data, mail, files, and traffic stored, processed, or transmitted through the Service.
• 3.4. The Customer must independently create, test, and maintain backups outside the OHOST platform. Unless explicitly sold as a paid feature, backups, snapshots, and restore points are not part of the Service.
• 3.5. The Provider may rely on instructions, tickets, and requests sent from the Customer account or registered email address unless fraud is obvious.

4. Prohibited use and abuse handling

• 4.1. The Service may not be used for any unlawful purpose or for any activity that creates technical, legal, operational, or reputational risk for the Provider or third parties.
• 4.2. Prohibited activity includes, in particular, malware distribution, phishing, spam, scams, unauthorized scanning, credential attacks, DDoS activity, botnet operations, copyright infringement, unlawful content distribution, abusive proxying, evasion of limits, and resource-intensive activity that degrades the platform.
• 4.3. Cryptocurrency mining, mass mailing, public VPN or proxy resale, and other unusually burdensome workloads require prior written consent from the Provider.
• 4.4. The Provider may investigate abuse reports, inspect service metadata and operational logs, limit traffic, isolate workloads, or cooperate with authorities and affected third parties where reasonably necessary.

5. Support, maintenance, security, and backups

• 5.1. Support is limited to the scope advertised or separately agreed. Response times, resolution times, and availability are not guaranteed unless the parties conclude a separate written SLA.
• 5.2. The Provider may perform maintenance, updates, patches, migrations, reboots, reinstalls, firewall changes, access restrictions, or emergency interventions with or without prior notice.
• 5.3. Security features, including DDoS mitigation, filtering, or monitoring, are risk-reduction measures only and do not constitute a guarantee that attacks, unauthorized access, exploits, or data loss will be prevented.
• 5.4. Any courtesy backup, temporary snapshot, cache, or operational replica may be incomplete, corrupted, overwritten, inaccessible, or permanently deleted at any time and must not be treated as archival storage.
• 5.5. The Provider may block access to, quarantine, alter, or permanently delete data and services where necessary to contain incidents, preserve platform integrity, comply with law, restore operations, or protect the Provider.

6. Fees, billing, trials, and consumer withdrawal

• 6.1. Fees are prepaid for the selected billing period unless the Provider expressly agrees otherwise.
• 6.2. Failure to pay on time, chargebacks, payment reversals, suspected fraud, or breach of these Terms may result in immediate suspension or refusal of activation.
• 6.3. Unless mandatory law provides otherwise, fees paid for commenced billing periods, setup work, reserved resources, third-party costs, and services suspended due to the Customer's breach are non-refundable.
• 6.4. Trials may be limited, changed, refused, shortened, or terminated at any time, especially where abuse, excessive cost, or security risk is detected.
• 6.5. If a consumer requests performance of the Service before the withdrawal period expires, the consumer is obliged to pay for the part of the Service performed until withdrawal, to the extent required by applicable law.
• 6.6. Nothing in these Terms limits mandatory consumer withdrawal, warranty, or information rights.

7. Suspension, termination, and emergency powers

• 7.1. The Provider may suspend, throttle, isolate, reconfigure, disable, or terminate the Service immediately and without prior notice if the Customer breaches these Terms, delays payment, causes risk, becomes the subject of an abuse report, or if emergency, legal, or security circumstances so require.
• 7.2. The Provider is not obliged to keep the Service active during an investigation, dispute, abuse review, payment review, or incident response process.
• 7.3. The Provider may deny reactivation, restoration, migration assistance, or evidence preservation unless the Provider expressly agrees otherwise.
• 7.4. The Provider may charge additional fees for extraordinary support, forensic work, abuse handling, data export assistance, or recovery attempts.

8. Data retention and deletion

• 8.1. The Customer must export and secure all data before the end of the billing period, before cancellation, and before any operation that may affect data integrity.
• 8.2. After expiry, non-renewal, non-payment, suspension, termination, compromise, or emergency intervention, the Provider may delete all Customer data immediately, without prior notice, without backup, and without any obligation to retain or restore it.
• 8.3. The Provider is not obliged to provide any grace period, archival copy, recovery image, or post-termination access window.
• 8.4. If the Provider exceptionally agrees to assist with recovery, such assistance is provided on a best-effort basis only, may be chargeable, and may still fail.

9. Limitation of liability

• 9.1. To the fullest extent permitted by law, the Provider is not liable for data loss, corruption, unauthorized access, compromise, service interruption, degraded performance, routing issues, packet loss, software incompatibility, blocked mail delivery, or downtime caused by the Customer, third-party software, upstream failures, cyberattacks, force majeure, or necessary operational actions.
• 9.2. The Provider is not liable for lost profits, lost revenue, lost business opportunity, reputational harm, expected savings, indirect damage, consequential damage, or costs arising from the Customer's failure to maintain independent backups.
• 9.3. To the fullest extent permitted by law, the Provider's total aggregate liability arising out of or related to a claim is limited to the fees actually paid by the Customer for the affected Service during the 30 days preceding the event giving rise to the claim.
• 9.4. No provision of these Terms excludes or limits liability that cannot be excluded under mandatory law, including liability for damage caused intentionally and mandatory consumer protections.

10. Indemnification and third-party claims

• 10.1. The Customer shall defend, indemnify, and hold harmless the Provider from and against claims, proceedings, fines, penalties, losses, damages, costs, and reasonable legal fees arising from the Customer's content, software, traffic, use of the Service, violation of law, or breach of these Terms.
• 10.2. The Provider may remove content, disclose information, restrict access, or take any action the Provider reasonably considers necessary to respond to claims, legal requests, or threats against the Provider, the platform, or third parties.

11. Complaints, amendments, and final provisions

• 11.1. Complaints regarding the Service may be submitted by email and should identify the Customer, the affected Service, and the nature of the complaint.
• 11.2. The Provider will respond to complaints within 14 days, unless a longer period is required due to the complexity of the matter or the need to obtain third-party information.
• 11.3. The Provider may amend these Terms for legal, technical, security, or commercial reasons. Updated Terms become effective on the date indicated by the Provider, and for consumers no change may exclude mandatory statutory rights.
• 11.4. Polish law governs these Terms. Disputes shall be submitted to the court having jurisdiction over the Provider's seat, except where mandatory consumer law provides otherwise.
• 11.5. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.