These Terms of Service (“Terms”), including our Acceptable Use Policy (AUP), Service Level Agreement (SLA), and Privacy Commitments, govern your use of cloud services and storage services (“Services”) provided by OmenHost (“we,” “us,” “our”). By using our Services, you agree to all terms below. If you do not agree, you must not use our Services.
1. Eligibility & Age Requirement
You must be at least 13 years old to use our Services. If you are between 13 and 17, you must have the consent of a parent or legal guardian. We do not knowingly provide Services to users under the age of 13. Accounts found in violation will be terminated.
2. Services Provided
We provide cloud infrastructure and storage solutions, including:
- Cloud VMs
- Object Storage
- Block Storage
Features, pricing, and availability are listed on our website and may change at any time.
3. Billing & Payment Policy
3.1 Billing Cycle
Services are billed hourly, calculated per hour. Charges are automatically deducted from your account credit.
- 7 days before invoice due: reminder sent
- 2 days before invoice due: reminder sent
- 1 day after due date: overdue reminder
- 3 days after due date: second overdue reminder
- 5 days after due date: final overdue reminder
- 7 days after due date: account suspension
- 14 days after due date: account termination
3.2 Payment Schedule
Invoices are generated for service usage. Invoices are due on their issue date unless otherwise stated. If unpaid, services will remain active only until your account credit is depleted.
3.3 Prepaid Credit
You must maintain a positive credit balance at all times. If your balance reaches -$1, services will be automatically suspended until credit is added. Services will automatically resume once sufficient credit is restored.
3.4 Promotional Credits
Promotional credits (e.g., deposit bonuses) are non-refundable, non-transferable, and may only be used for services. They cannot be withdrawn or exchanged for cash.
3.5 Account Suspension & Data Handling
If an invoice or credit balance remains unpaid and your account is suspended, services will be permanently terminated 14 days after the suspension date. Data associated with terminated accounts will not be recoverable.
3.7 Currency & Fees
All prices are in USD unless stated otherwise. Clients are responsible for currency conversion and any transaction fees charged by their payment provider.
Failure to maintain sufficient prepaid credit or to settle invoices on time may result in suspension and ultimately termination of services under Section 12.
4. Service Communications
- By creating an account, you agree to receive essential service-related communications (e.g., billing notices, low balance alerts, downtime notifications).
- You will only receive promotional or marketing emails if you explicitly opt in, as described in our Privacy Policy.
5. Refund Policy
5.1 Prepayments
- All payments are final; no recurring refunds.
5.2 Service Credits
- Refunds are only issued as limited SLA-based credits, explained in our SLA section.
- Service credits are non-transferable.
5.3 Account Credits
- Prepaid funds may be applied against outstanding invoices or future service costs.
- Upgrades, renewals, and additional resources are non-refundable.
- Refunds may be issued at our sole discretion for unused prepaid credits if these Terms are breached or Services are permanently discontinued.
We do not provide refunds for partial billing periods or unused hours after service cancellation.
6. Acceptable Use Policy (AUP)
You may not use our Services for:
- Hosting or distributing malware, phishing content, spam, or harmful code.
- Infringing on intellectual property rights.
- Storing or sharing pornography, extremist, or violent material.
- Engaging in denial-of-service (DoS/DDoS) attacks or network abuse.
- Running public proxies, TOR exit nodes, or cryptocurrency mining.
- Storing data that is illegal under applicable law.
We reserve the right to suspend or terminate accounts engaging in prohibited activities without notice.
Customers are responsible for securing their own credentials, passwords, SSH keys, and systems.
We are not liable for unauthorized access or data loss resulting from compromised user credentials.
7. Resource Usage
Bandwidth & Egress Usage
- Outbound data transfer (“egress”) is not included with cloud instances by default. Egress usage is billed separately at a rate of $10 per TB per month, calculated based on total outbound traffic for the billing period.
- Excessive or abnormal usage patterns that impact network performance may result in temporary throttling, suspension, or additional charges.
8. Data Ownership & Privacy Promise
We respect your privacy and are committed to protecting your data.
- We will never sell, rent, or trade your personal data or customer content to third parties for marketing or advertising purposes.
- You retain full ownership and control of all data, files, and content stored using our Services (“Customer Content”).
- You may access, request copies, request corrections, or request deletion of your personal data at any time.
- By using our Services, you grant us a limited, non-exclusive license to store, process, and transmit your content only as necessary to provide the Services.
- We do not access, use, or disclose Customer Content except as required by law, to maintain system integrity, or to provide support at your request.
9. Service Level Agreement (SLA)
9.1 Uptime Guarantee
- We guarantee 99.95% uptime each calendar month for cloud and storage services.
9.2 SLA Credits
If uptime falls below 99.95%, you may request service credits as follows:
Monthly Uptime
SLA Credit
- 5% credit
- 10% credit
- 15% credit
Credits must be requested within 7 days of the outage. Scheduled maintenance is excluded.
9.3 SLA Exclusions
This SLA does not apply to:
- Customer misconfiguration
- Issues caused by third-party software
- Force Majeure Events (natural disasters, wars, internet backbone failures)
10. Privacy & Compliance
We are committed to complying with global data protection and privacy laws, including:
- GDPR (General Data Protection Regulation – EU)
- HIPAA (Health Insurance Portability and Accountability Act – US)
- DPDPA (Digital Personal Data Protection Act – India)
- CCPA/CPRA (California Consumer Privacy Act / Privacy Rights Act – US)
Key principles:
- We process data only to deliver and maintain our Services and to meet legal obligations.
- We do not sell personal data to third parties.
- Customers are responsible for ensuring their use of our Services complies with applicable laws in their jurisdiction.
- We will provide Data Processing Agreements (DPAs) or Business Associate Agreements (BAAs) upon request, where applicable.
See our Privacy Policy for details on data security practices.
11. Service Availability
While we guarantee 99.98% uptime as defined in Section 9 (SLA), we cannot guarantee 100% uptime. Planned maintenance periods are limited to <5 hours per month.
12. Termination by Us
12.1 Suspension vs. Termination
- If an invoice remains unpaid for 7 days after its due date, services may be suspended. If unpaid for 14 days after suspension, they will be permanently terminated and all data deleted.
- Suspension is temporary and reversible once payment or credit is added. Termination is permanent, and data cannot be recovered once deleted.
12.2 Termination for Other Causes
We may suspend or terminate your account immediately, without notice, if you:
- Fail to maintain sufficient prepaid credit or to settle invoices on time.
- Violate these Terms of Service or the Acceptable Use Policy (AUP).
- Engage in abusive, fraudulent, or harmful behaviour toward our staff, systems, or other clients.
12.3 Effect of Termination
Upon termination, you will lose all access to the Services. We are not responsible for any data loss resulting from suspension or termination.
13. Disclaimer of Warranties
Services are provided “as is” without warranty of any kind, including merchantability or fitness for a particular purpose.
14. Limitation of Liability
We are not liable for indirect, incidental, or consequential damages, including loss of data, profits, or business, arising from your use of our Services.
15. Indemnification
You agree to indemnify and hold us harmless from claims or damages resulting from your use of our Services or breach of these Terms.
16. Changes to These Terms
We may update these Terms at any time. Continued use of Services after updates constitutes acceptance.
17. Data Location & Jurisdiction
- Your data may be stored in different jurisdictions, and you consent to this by using our Services.
- You are responsible for complying with applicable data protection, privacy, and legal requirements in your jurisdiction.
- In case of conflict, Vanuatu law shall prevail.
18. Governing Law
All legal matters will be governed by and construed in accordance with the laws of Vanuatu. Any disputes shall be resolved in the competent courts of Vanuatu.
19. Force Majeure
We shall not be held responsible or liable for any delay, interruption, or failure in the performance of our obligations under these Terms resulting from acts beyond our reasonable control (“Force Majeure Events”). These include, but are not limited to:
- Natural disasters (earthquakes, floods, storms, fires)
- Acts of war, terrorism, civil unrest, or government restrictions
- Labor disputes, strikes, or industrial disturbances
- Widespread power outages or failures in telecommunications or internet services
- Failures of third-party infrastructure or service providers outside our control
During such Force Majeure Events, our obligations will be suspended for the duration of the event. We will make reasonable efforts to resume Services as soon as practicable.
20. Contact Us
Contact: legal@omenhost.com
Company: Quantum Group Ltd
Address: First Floor, Law Partners House, Suite 1019, Port Vila, Vanuatu
This document summarizes the terms under which OmenHost provides its services. It does not limit any rights required by applicable law. Certain subscription services may automatically renew unless cancelled prior to the renewal date.
