Public Offer Agreement

This document is equivalent to a verbal agreement, acceptance of payment for services, or registration on the site. Please read the public offer text before registering or ordering services from our website.

Last Updated: 21/05/2026

This Public Offer is addressed to all individuals and legal entities ("Customer") who are otoHost customers and use digital data hosting, virtual and dedicated server rental, and other types of services ("Services"). This offer complies with applicable privacy laws, including the California Consumer Privacy Act (CCPA), the European Union General Data Protection Regulation (GDPR), and the Singapore Personal Data Protection Act (PDPA). otoHost agrees to comply with international consumer laws, including laws of the United States, Singapore, the European Union, and India, when providing its services. The public offer is deemed accepted when Subscriber registration is completed on the otoHost website (https://otohost.com).

Terms and Definitions

  • "otoHost" means the web-based data hosting company defined in this agreement.
  • "Customer" means any individual or legal entity that enters into an agreement with otoHost for the provision of data hosting services.
  • "Services" means web-based data hosting services provided by otoHost, including storage, backup, recovery, and management of digital data.
  • "Hosting" means the service of providing a hardware and software complex for placing data on a server.
  • "Account" means the unique user account created when the Customer registers on the otoHost platform and provides access to the Services.
  • "User" means any individual authorized by the Customer who uses the Services under the Customer's Account.
  • "Data" means any digital information, file, document, or content uploaded, stored, or processed through the Services by the Customer or User.
  • "Profile" means the set of information about the Customer provided by the Customer and containing information necessary for authentication, authorization, and accounting.
  • "Control Panel" means the web interface and software interface (API) through which the Customer manages domain names, profiles, websites, and mailboxes; it is where payment and Service term information is displayed. Access to the Services through the Control Panel is provided via authentication.
  • "DNS Server" means the application designed to respond to DNS queries for the relevant protocol and convert domain names to IP addresses.
  • "CDN" means geographically distributed network infrastructure that increases internet data download speed at the points where this network is located.
  • "Virtual Private Cloud (VPC)" means a dedicated server whose cost covers a specific resource.
  • "Platform" means the web-based interface, software, and infrastructure provided by otoHost for use of the Services.
  • "Usage Data" means information collected by otoHost about Customer and User interactions with the Services, including log files, IP addresses, device information, and browsing activity.
  • "Confidential Information" means any non-public, proprietary, or sensitive information disclosed by one party to the other in written, oral, or electronic form and marked as confidential or reasonably understood to be confidential.
  • "Intellectual Property" means all patents, trademarks, copyrights, trade secrets, and other proprietary rights owned by otoHost or its licensors in connection with the Services or Platform.
  • "Force Majeure" means any event or circumstance beyond the reasonable control of the affected party, including natural disasters, strikes, riots, wars, government actions, or internet outages.
  • "Term" means the period of validity of the agreement between the Customer and otoHost from the effective date of the agreement.
  • "Termination" means the ending or cancellation of the agreement between the Customer and otoHost before the Term expires.
  • "Service fee (tariff)" means the payment established by otoHost for providing a specific amount of service to the Customer and access to the service.
  • "Data Backup and Recovery" means the process of creating backup copies and implementing mechanisms for recovering Data in the event of accidental loss, deletion, or corruption.
  • "Data Security" means the practices, procedures, and measures implemented by otoHost to protect Data against unauthorized access, disclosure, alteration, or destruction.

"Acceptable Use Policy (AUP)" means the rules and restrictions established by otoHost regarding the appropriate and lawful use of the Services and Platform. For details, see our Terms and Conditions.

General Provisions

  • The subject of this Agreement is the provision of the following service or group of services:
  • project support;
  • virtual private server (VPS);
  • virtual dedicated server (VDS);
  • cloud hosting;
  • Mac hosting;
  • radio hosting;
  • game server hosting;
  • domain names;
  • SSL certificates;
  • Windows hosting;
  • dedicated server;
  • technical support;
  • additional consulting and technical services.
  • The first step to receiving the Service is to register on the otoHost website. The Customer must go to the relevant section where they need to enter an email address, full name, and password; an activation link is sent to the Customer's email address to confirm the accuracy of the information entered. After clicking the activation link, the Customer may begin using the site. The Service is provided with paid or free access depending on the Customer's choice, service, and selected tariff.
  • A Customer who registers on the site may use a trial period for the service if offered under the selected tariff plan. Providing a trial period does not limit the Customer's right to receive paid services.
  • The term of this Agreement is not limited. Either party may terminate it as provided in this Agreement.
  • All changes and additions to this Agreement are published on the otoHost website.
  • All provisions of this Agreement are binding on both the Customer and otoHost. Before using the Service, the Customer is obliged to read the provisions of this Agreement.
  • If the Customer does not accept changes made by otoHost to this Agreement or new tariffs for the Service, the Customer must notify otoHost and stop using the service.

Rights and Obligations of the Parties

Customer Obligations

  • Payment: The Customer is obliged to pay all fees and expenses associated with hosting services specified by otoHost on time.
  • Compliance: The Customer is obliged to comply with all applicable laws, regulations, and industry standards related to the use, storage, and transmission of data through otoHost hosting services.
  • Accuracy and Legality of Data: The Customer warrants that all data uploaded, stored, or transmitted through otoHost servers is accurate, lawful, and does not infringe intellectual property rights or third-party rights.
  • Prohibited Content: The Customer may not upload, store, or transmit illegal, harmful, defamatory, obscene, or content that violates the rights of others. The Customer may not engage in activities that could disrupt the security, stability, or performance of otoHost servers.
  • Cooperation: The Customer is obliged to promptly provide information, materials, or access requested by otoHost to facilitate the provision of hosting services and resolve technical issues.

otoHost Obligations

  • Service Delivery: otoHost provides hosting services professionally with reasonable skill and care and makes reasonable efforts to ensure the availability, reliability, and security of its servers.
  • Security Measures: otoHost implements appropriate security measures to protect Customer data from unauthorized access, use, or disclosure, including firewalls, encryption, and regular security audits.
  • Technical Support: otoHost provides 24/7 technical support through various channels such as email, live chat, or a support ticket system and strives to address the Customer's technical issues within a reasonable time.
  • Data Backup: otoHost performs regular data backups against possible data loss and makes reasonable efforts to restore from the latest backup in the event of data loss.

Mutual Obligations

  • Confidentiality: The parties maintain the confidentiality of confidential, sensitive, or proprietary information disclosed during the term of the agreement, including trade secrets, business strategies, customer data, and technical specifications, and do not disclose it to third parties unless required by law.
  • Cooperation: The parties cooperate in good faith to address issues, resolve disputes, and optimize the performance of hosting services.

Limitation of Liability

  • The parties agree that otoHost's liability for claims, damages, or losses arising from or in connection with this agreement is limited as specified in the "Limitation of Liability" section of the Agreement.

Governing Law and Jurisdiction

  • This agreement is governed by and construed in accordance with the laws of the United States. Disputes arising from this agreement are subject to the exclusive jurisdiction of courts in the United States.

Rights of otoHost

  • When the term of paid services expires, otoHost has the right to terminate service delivery; otoHost has the right to terminate, restrict, or modify services in the following circumstances:
  • Failure to make timely payment within 1 month;
  • The Customer providing incorrect or inaccurate personal data or failing to provide such data upon otoHost request;
  • The Customer failing to respond to otoHost's verification request within 24 hours;
  • Use of the Services for illegal activities or activities that prevent service delivery to other customers;
  • Upon request from law enforcement, copyright holders, or other complainants;
  • Upon detection of processes or actions that may harm project operation or the integrity of Customer data;
  • Changing the order and cost of services by publishing changes on the website 15 calendar days before implementation without renegotiating this Agreement;
  • Recommending a transition to another tariff plan when there is increased (excessive) demand for hardware and other resources provided under the ordered service scope.

Customer Rights

  • To require otoHost to provide Services in accordance with the provisions of this Agreement;
  • To obtain information from otoHost about Services and additional paid services;
  • To obtain consulting and assistance from specialists when necessary;
  • To submit complaints and suggestions to otoHost to improve service quality.

Service Fee and Payment Arrangements

The service fee is paid by the Customer through a secure payment service in the relevant section of the Control Panel, by transfer of funds to otoHost's bank account or to an organization that receives and processes payments on behalf of otoHost, or by another legal payment method agreed by the parties. For refund conditions, see our Refund Policy.

Service Fee

  • Fees and Expenses: The Customer agrees to pay fees and expenses associated with the selected hosting services specified by otoHost. Fees may include recurring subscription fees, setup fees, data transfer fees, and additional services requested by the Customer.
  • Price Changes: otoHost reserves the right to change its pricing structure and fees by providing reasonable notice via email or website update. Price changes apply only to future billing periods; if you do not accept the modified pricing, you have the option to terminate the services.

Payment Terms

  • Payment Schedule: The Customer pays otoHost according to the billing cycle established as monthly, quarterly, annual, or otherwise. The initial payment is made upon activation of hosting services; subsequent payments are made on the established due dates.
  • Payment Methods: otoHost accepts credit card, debit card, electronic funds transfer, and other specified payment options. The Customer must ensure that the payment information provided is accurate, valid, and up to date.
  • Late Payments: otoHost does not charge interest or penalties for late payments; however, if payment is not received within the specified additional period, otoHost reserves the right to suspend or terminate hosting services.

Taxes

  • The Customer is responsible for all taxes, duties, and similar obligations imposed by any government authority arising from services provided under this agreement. These taxes are paid in addition to the fees specified by otoHost.

Payment Order

  • Payment Priority: Payments made by the Customer are first applied to overdue amounts (including accrued interest or penalties), then to current fees and expenses for hosting services.
  • Suspension for Non-Payment: If the Customer fails to make the required payment within the specified additional period, otoHost reserves the right to suspend or restrict access to hosting services until full payment is received; otoHost shall not be liable for damages arising from such suspension or restriction.

Force Majeure

Definition

Force Majeure means any event or circumstance beyond the reasonable control of otoHost or the Customer that makes performance of obligations under this agreement practically impossible or unfeasible.

Force Majeure Event

The parties agree that Force Majeure events may include natural disasters, war, terrorism, riots, strikes, labor disputes, government actions, power outages, network or server failures, internet outages, epidemics, pandemics, or other unforeseen or unavoidable events.

Notice and Effects of Force Majeure

  • Notice: If either party is unable to perform its obligations due to Force Majeure, it must notify the other party in writing within 7 days of the occurrence of the event and describe the expected impact of the event on performance of the agreement.
  • Mitigation: The party affected by Force Majeure must take reasonable steps to mitigate the effects of the event and perform its obligations as soon as possible.
  • Extension of Time: A Force Majeure event extends the time for the affected party to perform its obligations for a period reasonably necessary to overcome the effect of the event; however, the party is not completely excused unless the Force Majeure event permanently and significantly prevents performance of obligations.

Allocation of Risk

Neither party shall be liable for failure or delay in performing obligations resulting from a Force Majeure event; however, the affected party must make reasonable efforts to perform its obligations after the event is resolved.

Termination

If a Force Majeure event continues for an extended period generally exceeding 30 days from the date of notice, either party may terminate this agreement by written notice to the other party. In such case, the parties agree on remaining obligations or fees based on services provided before the Force Majeure event.

Non-Breach

The occurrence of a Force Majeure event shall not be considered a breach of this agreement; neither party shall be entitled to compensation, indemnification, or other remedies for losses or damages resulting from the event.

Resumption Notice

When a Force Majeure event ends and the affected party is able to perform its obligations, it must promptly provide written notice to the other party.

Liability of the Parties

  • otoHost does not guarantee that the Services will be uninterrupted or error-free; it does not guarantee that the software or other materials provided will be free of system errors. otoHost makes reasonable efforts and takes measures to prevent this.
  • otoHost is not liable for direct or indirect damages to the Customer resulting from the use or inability to use the Services; damages caused by errors, failures, inability to use the Services, DDoS and other attacks, file deletion, delays, or changes in functionality.
  • otoHost performs only technical functions; it does not acquire rights over relevant domain names and websites and is not responsible for the placement of materials uploaded by the Customer to its hosting.
  • All disputes arising from or related to this Agreement shall be resolved in accordance with dispute resolution provisions predetermined and agreed between the parties.
  • The Customer is fully responsible for losses that may result from failure to protect their password and unauthorized use.

Agreement Term, Amendment, and Termination Procedure

Agreement Term

  • Initial Term: This agreement enters into force on the Customer's acceptance date and continues for the initial term specified in the service agreement or order confirmation.
  • Renewal: Upon expiration of the initial term, the agreement automatically renews for successive renewal periods of the same duration unless the Customer provides written notice of non-renewal at least 15 days before the end of the current term.

Amendment Procedure

  • Amendment Process: Amendments to this agreement are made with the written consent of both parties and may include changes to service scope, fees, or other relevant provisions.
  • Amendment Notice: Proposed amendments are communicated to the Customer in writing, specifying the nature of the amendment and its effective date. The parties act in good faith and review proposed amendments.

Termination

  • Termination Without Cause: otoHost may terminate without cause by providing written notice to the Customer within the notice period specified in the service agreement or order confirmation. Termination takes effect at the end of the notice period.
  • Termination for Cause: otoHost may terminate this agreement immediately without prior notice in the event of material breach, including non-payment, violation of applicable laws or regulations, or breach of provisions of this agreement or the otoHost service agreement.
  • Termination Due to Insolvency: If the Customer becomes insolvent, files for bankruptcy, or is unable to meet financial obligations, otoHost may terminate the agreement immediately.
  • Effects of Termination: Upon termination of the agreement, the Customer stops using hosting services and otoHost's obligation to provide services ends. The Customer pays all debts incurred up to the termination date. Provisions that by their nature should survive termination, such as confidentiality, indemnification, and limitation of liability, remain in effect.

Severability

  • If any provision of this section or the service agreement is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid or unenforceable provision shall be deemed replaced, to the extent possible, with a valid and enforceable provision that achieves the economic and practical effect of the original provision.
  • No waiver or failure to enforce any provision shall be deemed a waiver of any other provision or right, and shall not affect the validity of remaining provisions or rights.
  • This section and service agreements are governed by the laws of the United States. Disputes arising from this section and service agreements shall be resolved exclusively in courts in the United States.

For privacy practices, see our Privacy Policy; for cookie use, see our Cookie Policy; for general terms, see our Terms and Conditions.

Contact

For more information, you may use our contact form or contact the otoHost support team at contact@otohost.com.