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1. General Terms

Welcome to the Optimal Geek website, owned and controlled by Optimal Geek LLC, a company registered in and governed by the laws of the United State.

The terms “Optimal Geek”, “our”, “us” and “we” refers to Optimal Geek and the terms “you”, “your” “user”, “customer” and “subscriber” refer to registered subscribers to the Services we provide. This page explains the terms by which you may use our website and any other services or applications owned, controlled, or offered by Optimal Geek in association with our website (collectively referred to as the “Services”).

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms of Service”), which also incorporates our Privacy and Cookie Policies, whether or not you are a registered user of our Services. If you do not agree to be bound by these Terms of Service (or any future terms of use), do not use or access (or continue to access) the Services. These Terms of Service apply to all visitors, users, and others who access the Services.

We reserve the right to modify, amend or change the Terms of Service at any time (a “Change(s)”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms of Service. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. Your continued use of the Services following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms of Service.

If, for any reason, any of the provisions of these Terms of Service are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that any such provisions are illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Service and the remainder of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms of Service set out the entire agreement and understanding between us and you in relation to your use of the Services and supersedes all previous agreements, representations and arrangements between us and you (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms of Service shall operate as a waiver of such right or acceptance of any variation of the Terms of Service and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms of Service shall confer or purport to confer on any other third party, any benefit or the right to enforce any provision of the Terms of Service and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms of Service.

2. Access and Registration

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration, use or access to the Services by anyone under 18 is strictly prohibited and in violation of these Terms of Service. If you register for the Services as an entity, then this entity shall be a corporation, limited liability company, partnership, or any other legal entity duly formed and in good standing, as applicable, and you shall possess all legal authority and power to accept and be bound by these Terms of Service.

As a condition to using the Services, you are required to register with Optimal Geek and represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account.

You shall not provide any false personal information or create any account for anyone other than yourself without such person’s permission.

We reserve the right to refuse registration of or cancel an account at our sole discretion. You are solely responsible and liable for any activity that occurs on your account and shall be responsible for maintaining the confidentiality of your registration information. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify us by email at [email protected] of any unauthorized use of your account, or another account-related security breach of which you are aware.

You are responsible for making all the necessary arrangements to ensure you can access the Services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduction in the functionalities you may encounter as a result of or in connection with accessing the Services through mobile services or any similar service currently known or developed in the future.

By accessing the Services or agreeing to receive messages or notifications from Optimal Geek through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

3. Personal Information

When you set up an account with Optimal Geek and place an order for the Services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Optimal Geek), and will take reasonable steps to keep it from being disclosed to any third party. Optimal Geek located at Digital World Centre, Media City, Salford, Manchester, M50 3UB is the data controller for the purpose of the Data Protection Act 1998.

By using our Services you consent that we may process the personal data (including sensitive personal data) that we collect from you in accordance with our Privacy Policy. In particular, we may use the information we hold about you for the purposes of internal review and general service improvements. Please address any questions, comments, and requests regarding our data processing practices to [email protected]

4. The Services We Provide

In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out in these Terms of Service and in any other agreements that relate to the Services we may provide to you. We will provide the Services according to the specifications of the Services package you select during the signup process.

5. Content

The Services provided by Optimal Geek may only be used for lawful purposes. You hereby agree to indemnify and hold harmless Optimal Geek from any claims resulting from the use of the Services.

For us to be able to host your website, it is necessary for you to upload your content to our servers and to create one or more copies of your content on our system. By purchasing the Services from us, you hereby acknowledge that these copies are being made, and you give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

You are entirely responsible for all of your information that you upload, post, email, transmit or otherwise make available via the Services. We do not control your information or the information of or posted by other users and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other users. We do not endorse any opinions expressed by you or other users.

We do not have any obligation to monitor, nor do we take responsibility for, your information, public information or information of or posted by other users. You hereby agree that under no circumstances will Optimal Geek, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of your information or information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Services, or for any failure to correct or remove information.

It is prohibited to use the Services in order to infringe upon any copyright or trademark. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email us at [email protected] with information about the possible infringement.

The Services, including all related equipment, networks, and network devices are provided only for authorized customer use. Optimal Geek systems may be monitored for all lawful purposes, including ensuring that use is authorized, to manage said system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. These Terms of Service and your use of the Services constitute consent to monitoring for these purposes.

6. Acceptable Use

We reserve the right to refuse to provide the Services to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates these Terms of Service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to emails to your registered email address from Optimal Geek within 48 hours may result in the suspension or termination of the Services.

If any doubt exists regarding the acceptability of your website or service, please email us at [email protected] and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will immediately be suspended without prior notice.

Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and that permissions of directories are set properly, regardless of installation method. You are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Notwithstanding any other provision of these Terms of Service, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account with Optimal Geek:

7. Payment

Subject to these Terms of Service, you hereby agree to pay all applicable fees for the Services in effect at the time of your sign-up registration and/or renewal. Payment for the Services can only be made by a valid Credit/Debit Card or through Pay Pal. Payments processed by Pay Pal are subject to Pay Pal’s terms and conditions of service, and we make no representations or warranties with respect to those services.

All fees are inclusive of VAT (where applicable) at the rate of 20%.

You hereby agree to update and keep current your billing information, email and all other contact information. It is your responsibility to verify that the information submitted is accurate to ensure proper billing and continuity of the Services. We may at our discretion use merchant updater services to receive updated billing information from participating providers.

As a courtesy and not as an obligation (contractual or otherwise), up to fourteen (14) calendar days prior to the expiration of the Services, including the expiration of any domains (whether registered with Optimal Geek or one of its affiliates, or transferred to and registered with Optimal Geek or one of its affiliates), the term of which is set forth when you register for the Services with us, we will automatically renew your account or domain(s) by charging the applicable fee for the non-promotional rate to your current method of payment on file.

You hereby acknowledge and confirm that the obligation to renew your account or domain(s) is solely and exclusively your responsibility and not the obligation of Optimal Geek. You hereby release Optimal Geek from any and all liability for failure for any reason to renew said account or domain(s).

You hereby agree to notify us of your intention to cancel automatic renewal at least sixteen (16) calendar days prior to the account or domain expiration date, through the notification steps set out in your account administration area. Any notifications made by other methods such as email shall include verification of ownership of the hosting account and/or domain(s), as determined by Optimal Geek.

Neither you nor Optimal Geek shall be entitled to set off a credit against any amount owed by the other under the terms of these Terms of Service or under any other agreement prior to completion of these Terms of Service.

The maximum payment term for our hosting services is one (1) year.

8. Termination and Cancellation

For any customer transacting as a consumer and not within the course of a business, the Consumer Protection (Distance Selling) Regulations 2000 allows you to have the unreserved right to cancel and rescind the present Terms of Service within 7 days from either the date the present Terms of Service are formed; or the date you receive confirmation that the present Terms of Service are formed from Optimal Geek, whichever is the latest date.

You hereby acknowledge that paid invoices related to all Services are non-refundable, in whole or in part if the present Terms of Service is terminated by you during the period to which the payment relates. However, any contract terminations approved under the Consumer Protection (Distance Selling) Regulations 2000 are subject to refund. Domain name purchases are not subject to refund.

Upon termination or expiry of these Terms of Service for whatever reason you shall pay immediately all fees and/or additional charges which remain outstanding under these Terms of Service to Optimal within ten (10) working days. You shall be responsible for renewing the registration of any domain name(s) and for finding a new host for the respective domain name(s). Optimal Geek shall without prior notice cease hosting a domain name(s) 30 calendar days from and including the date of termination or expiry of these Terms of Service notwithstanding the fact that you have not found an alternative host for the respective domain name(s).

9. Proprietary Rights

Optimal Geek owns and retains all proprietary rights in the Services, including the copyrighted material, trademarks, and other proprietary information of Optimal Geek, its licensors, and licensees. These Terms of Service do not confer any rights to you in our intellectual property or technology.

Users may post copyrighted information whether or not it is identified as copyrighted. Except for the pieces of information which are in the public domain or for which you have been given permission of publication, you shall not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of our website (in the comments section in particular), you automatically grant, and you represent and warrant that you have the right to grant to us and other users an irrevocable, perpetual, non-exclusive, free, worldwide license of the right to use, copy, perform, display and distribute such information and content and to prepare derivative works of or incorporate into other works such information and content, and to grant and authorise sub-licenses of the foregoing.

You and Optimal Geek hereby mutually agree that either you or Optimal Geek will not, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall prevent Optimal Geek from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.

10. Optimal Geek As Reseller Or Sub-Licensor

For some or all components of the Services, Optimal Geek may be acting as a reseller or sub-licensor of certain services, hardware, software and equipment used in connection with the Services that were or are manufactured or provided by a third party (“Third Party Products”). Optimal Geek shall not be responsible for any changes in the Services that cause the Third Party Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Third Party Products either sold, licensed or provided by Optimal Geek to the user or purchased directly by the user used in connection with the Services will not be deemed a breach of Optimal Geek’s obligations under these Terms of Service.

Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Third Party Products are limited to those rights extended to you by the manufacturer of such Third Party Products. You are entitled to use any Third Party Products supplied by Optimal Geek only in connection with the permitted use of the Services. You shall use your best efforts to protect and keep confidential any intellectual property provided by Optimal Geek to you through any Third Party Products and you shall make no attempt to copy, alter, reverse engineer, or tamper with any such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Third Party Products, or any technical data derived therefrom, in violation of any applicable law.

11. Resource Usage

Optimal Geek provides customers with bandwidth, disk space, and other resources, the amount of which is defined in Optimal Geek’s web pages describing the service package purchased at the time of purchase. In some cases, Optimal Geek may not establish a specific amount of bandwidth, disk space, and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited.

Optimal Geek reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of the Services to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user’s plan. You hereby agree that such usage shall not exceed the amounts set by Optimal Geek for the Services purchased (the “Agreed Usage”) and is subject to normal usage guidelines established by Optimal Geek from time to time.

Hosting space is intended for normal use only, and is limited to web files, active e-mail, and content of the hosted websites, not for storage (whether of media, e-mails, or other data). Hosting space may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and you shall adhere to and comply with any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of the Services to your benefit or of your account, which actions we may take in our sole discretion.

In any event, you shall not:

Unlimited Domain Hosting (defined as web hosting plan that allows you to host unlimited domain names on a single web hosting account) refers to sub-domains, parked domains, and add-on domains. In all cases, the Services are intended for normal use only and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Optimal Geek reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited sub-domains, parked domains, and add-on domains results in or presents the risk of degradation of the Services to other customers, regardless of a number of domains included in the user’s plan. You hereby agree that such usage shall not exceed the amounts set by Optimal Geek for the Services purchased (the Agreed Usage as defined above) and is additionally subject to normal usage guidelines established by Optimal Geek from time to time.

Optimal Geek may monitor your use of bandwidth, disk usage and other resources and may, at its sole discretion, have the right to take any corrective action if your utilization of bandwidth, disk usage or other resources (i) exceeds the Agreed Usage and/or resource usage, or (ii) is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any part or all of the Services, removal or deletion of your website, user content, electronic mail and e-mail services and/or other materials and services, or the termination of your account and of these Terms of Service. If Optimal Geek takes any such corrective action under this section, you shall not be entitled to a refund or credit of any fees paid prior to such action.

You are responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and for monitoring such usage to ensure that your website does not violate such requirements or exceed any such limits allocated to the account(s) and otherwise complies with these Terms of Service. Optimal Geek will use commercially reasonable efforts to e-mail users who are at or near their utilization limits, but we do not take responsibility if such e-mail notification(s) is not received by the user.

While our shared Services are suitable for the majority of our customers, we reserve the right, at our sole discretion, to discontinue Services to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU (acronym for Central Processing Unit(s)). This means that if your website is found to be utilizing more than 10% of the CPU and memory of the Services, we reserve the right to take your website offline. If this becomes necessary, you can either upgrade your hosting package or request a pro-rated refund of the amounts you have paid in advance for the Services. We will do everything reasonably feasible to provide you with a warning prior to taking your website offline, but we accept no obligation to do so.

12. Cookies

Please refer to our separate Cookie Policy.

13. Service Availability

Optimal Geek uses reasonable endeavors to provide the Services 24 hours a day, 7 days a week for as long as you have paid for them. Occasionally and for a number of reasons, such as equipment malfunctions or periodic maintenance procedures or repair, the Services may be unavailable to you. You hereby acknowledge that due to the nature of web hosting technology, occasional unavailability of the Services cannot be avoided. Optimal Geek makes no representations or guarantees to provide you with uninterrupted Services.

14. Changes to these Terms of Service

Due to our evolving business, and the changing nature of the web hosting industry, these Terms of Service may change. We will post the changes here, and your continued use of the Services means you accept the changes we have made.

15. Indemnification

You hereby agree to indemnify and hold Optimal Geek and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of (i) your breach of your representations and warranties, and/or (ii) your breach of these Terms of Service or of the documents it incorporates by reference, or/and (iii) your use of the Services, or/and (iv) your violation of any law, statute, ordinance or regulation or of the rights of any third party.

Should Optimal Geek be sued or threatened with legal action from a third party due to any of your actions while using the Services, you hereby agree to reimburse us for all costs and charges if Optimal Geek is found liable or pays any sum to settle the dispute? This includes any payments to satisfy a judgment or to settle a case, as well as reasonable legal fees and all other costs Optimal Geek may incur in conducting its defense.

16. Disclaimer of Warranties

Optimal Geek hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “as is” and “as available” basis. Optimal Geek makes no warranty that its Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Optimal Geek does not warrant, nor make any representations regarding the use, or results of, any of the Services it provides, in term of their correctness, accuracy, reliability, or otherwise.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event shall Optimal Geek be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, of any breach of these Terms of Service or of its incorporated agreements and policies, of your inability to use the Services, of your loss of data or files or otherwise, even if Optimal Geek has been advised of the possibility of such damages.

You hereby agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the Services purchased by you from us and which are the object of dispute between you and us.

If any provision in these Terms of Service is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining provisions of these Terms of Service.

18. Interpretation and Enforcement

The laws of the United State shall govern the interpretation and enforcement of these Terms of Service and your access to and/or use of (or any inability to use) the Services. You hereby expressly acknowledge and agree that the Courts of Hidalgo, Texas shall have a non-exclusive jurisdiction to settle/hear any claims relating to your access to and use of (or any inability to use) the Services.

19. Complaints

In order to file a complaint with Optimal Geek, you should first contact our Customer Support team via email to [email protected]

20. Effective date

These Terms of Service were last updated on 15 August 2017.