These Hosting Terms of Use (“Terms”) govern your use of hosting services provided by Optimi Amici Inc (“Optimi Amici” or “we” or “our”). By using our hosting services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our hosting services.

Client Responsibility

You are responsible for all activities conducted under your hosting account, including the content, data, and actions taken by you or any person accessing your account.

Minimum Age Requirement

You must be at least 18 years old to use our hosting services. By using our hosting services, you represent and warrant that you are at least 18 years old.

System and Network Abuse

You agree not to engage in any activity that disrupts or interferes with the proper functioning of our hosting systems and networks, including but not limited to hacking, unauthorized access, introduction of malware, or any other actions that may harm our infrastructure or other clients.

Illegal Use and Prohibited Content

You agree not to use our hosting services for any illegal purposes or to host any prohibited content, including but not limited to content that infringes upon intellectual property rights, violates applicable laws, promotes violence, contains adult material, or engages in any form of harassment or discrimination.

Viruses and Other Destructive Activities

You agree not to upload or distribute any files or materials that contain viruses, worms, or any other destructive activities that may harm our systems or the systems of others.

Spamming

You agree not to send unsolicited bulk email (spam) or engage in any other form of spamming activities using our hosting services.

Client Security Responsibilities

You are responsible for implementing and maintaining appropriate security measures to protect your hosting account, including the use of strong passwords, regular software updates, and securing any sensitive data stored on our servers.

Resale or Sharing of Services

You may not resell or share our hosting services without obtaining our prior written consent.

Hosting Service Disclaimer

We make no warranties or guarantees regarding the availability, performance, or reliability of our hosting services. We shall not be held liable for any loss or damages arising from interruptions or unavailability of our hosting services.

Backup Data

While we may provide backup services, it is your responsibility to regularly backup your data. We shall not be liable for any loss of data or unauthorized access to your data.

Third-Party Licenses

You agree to comply with any third-party licenses or terms of use applicable to software or content provided by third parties as part of our hosting services.

Limitation of Liability

To the maximum extent permitted by applicable law, Optimi Amici and its directors, officers, employees, agents, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our hosting services.

Indemnification

You agree to indemnify and hold Optimi Amici and its directors, officers, employees, agents, partners, and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Independent Contractors

Nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between you and Optimi Amici. You acknowledge that Optimi Amici provides hosting services as an independent contractor.

Modification

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for updates.

Intellectual Property

All intellectual property rights associated with our hosting services, including but not limited to copyrights, trademarks, service marks, trade names, and logos, are the property of Optimi Amici or its licensors.

Client’s Confidential Information

We will treat any information provided by you in connection with our hosting services as confidential and will not disclose it to third parties, except as required by law or with your consent.

Publicity

Unless otherwise agreed in writing, you grant Optimi Amici the right to use your name and logo for marketing and promotional purposes related to our hosting services.

Actions Taken by Optimi Amici Inc

We reserve the right to take any necessary actions, including but not limited to suspension or termination of your hosting account, in order to protect the integrity and security of our systems and networks.

Arbitration

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the laws of Canada. The arbitration shall be conducted in Winnipeg, Manitoba, and the language of the arbitration shall be English.

Assignment

You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Optimi Amici. We may assign or transfer these Terms without restriction.

Governing Law and Severability

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws principles. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

Force Majeure

We shall not be liable for any failure or delay in the performance of our obligations under these Terms if such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or internet outages.

Waiver and Amendment

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or the right to enforce such provision. These Terms may only be amended or modified by a written agreement signed by both parties.

Optimi Amici Inc’s Correspondence

By using our hosting services, you consent to receive communications and notices from Optimi Amici electronically, including via email or by posting them on our website.

Account Renewal

Your hosting account will be automatically renewed for subsequent billing periods, unless you provide us with written notice of cancellation prior to the renewal date.

Termination for Bankruptcy or Insolvency

We reserve the right to terminate your hosting account immediately in the event of your bankruptcy or insolvency.

Cancellation

You may cancel your hosting account at any time by providing us with written notice. Any fees paid in advance are non-refundable.

Billing/Rate Changes

We reserve the right to change our billing rates and fees upon providing you with reasonable notice.

Payments

You agree to pay all fees and charges associated with your hosting account in a timely manner. Failure to make payment may result in the suspension or termination of your hosting account.

Changes to Services

We reserve the right to modify or discontinue any aspect of our hosting services, with or without notice.

By using our hosting services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you have any questions or concerns regarding these Terms, please contact us at partnership@optimiamici.com