More1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
2.) Content
All services provided by OS Web Hosting may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless OS Web Hosting from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. 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 abuse@oswebhosting.com with the information required. A list of required information may be found below. If the request is of a licensing issue, we may require further documentation.
To file a copyright infringement claim, please email abuse@oswebhosting.com after following the steps below in an email:
1. Identify in sufficient detail the copyrighted work that you are submitting a claim upon. You can include the original URL, the ISBN and title, or proof of the work (screenshots, titles, names)
2. Identify the material that you claim is infringing upon the rights of the IP OWNER.
3. Include examples whenever possible of both works, whether this be a print out attached in PDF, or a screenshot
4. Provide all necessary contact information for the IP OWNER [or both, you and the IP OWNER, if you are an agent of the IP OWNER]
5. Include a formal declaration and electronic or physical signature.
Example declaration:
I hereby state that [IP OWNER] is the owner of the exclusive rights referenced above and that I am authorized to act on its behalf. On behalf of [IP OWNER], I hereby state that I have a good faith belief that use of the content in the manner complained of is not authorized by [IP OWNER], its agents, or the law.
I, [NAME], hereby digitally sign this e-mail message under penalty of perjury under the laws of the United States of America with the additional statement under penalty of perjury that the information in the notice is accurate.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@oswebhosting.com 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 (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without 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 permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their 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. Click Here to generate passwords.
3.) Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
OS Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
OS Web Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of OS Web Hosting.
4.) Payment Information You agree to supply appropriate payment for the services received from OS Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify OS Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided. Once we recieve your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of OS Web Hosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. OS Web Hosting provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@oswebhosting.com
OS Web Hosting reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. OS Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on OS Web Hosting servers.
6.) Cancellations and Refunds
OS Web Hosting reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form. OS Web Hosting gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
7b.) INODES
The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of OS Web Hosting's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of OS Web Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@oswebhosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. OS Web Hosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. OS Web Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.
12.) Dedicated Servers
OS Web Hosting reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. OS Web Hosting reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@oswebhosting.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on oswebhosting.com, and the right to increase the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold OS Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OS Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OS Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OS Web Hosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from OS Web Hosting's server.
14b.) Arbitration
By using any OS Web Hosting services, you agree to binding arbitration. If any disputes or claims arise against OS Web Hosting or its subsidiaries, such disputes will be handled by an arbitrator of OS Web Hosting's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
15.) Disclaimer
OS Web Hosting shall not be responsible for any damages your business may suffer. OS Web Hosting makes no warranties of any kind, expressed or implied for services we provide. OS Web Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OS Web Hosting and its employees.
16.) Disclosure to law enforcement
OS Web Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
OS Web Hosting reserves the right to revise its policies at any time without notice.
Dedicated Server Service Level Agreement (SLA)
Hardware Replacement Service Level Agreement
OS Web Hosting guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 2 hours of identifying the problem. In the event that this guarantee is not met, OS Web Hosting will issue a credit for ten times the actual amount of additional downtime. The amount of compensation may not exceed the customer's monthly recurring charge. This guarantee does not include the time it takes to perform additional software related maintenance, including rebuilding web accounts from backups or rebuilding raid arrays.
OS Web Hosting ‘s cumulative average time to replace failed hardware is under 30 minutes.
Network Uptime Service Level Agreement
OS Web Hosting guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.
Network SLA Exclusions
Many possible situations are completely beyond the control of OS Web Hosting, and therefore are not in the scope of this SLA. These situations include:
•Scheduled Network Maintenance - occasionally network maintenance will be required. OS Web Hosting will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.•Hardware Maintenance - on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. OS Web Hosting will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
•Software Maintenance - an important part of managing a dedicated server is keeping the software up to date. If you choose to have OS Web Hosting manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
•Malicious Attacks - if a third party not associated with OS Web Hosting initiates a "Denial of Service" or other form of disabling attack against your Dedicated Server or major portions of our network, OS Web Hosting will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
•CPanel Issues - if you choose to run CPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of CPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the CPanel related software on you server. OS Web Hosting will do whatever is necessary to fix any Cpanel related problems, but cannot guarantee a resolution time. Network SLA Remedy
In the event that OS Web Hosting does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime. If OS Web Hosting is directly responsible for causing the downtime, the customer will receive a credit for 10 times ( 1,000% ) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit. If OS Web Hosting is not directly responsible for causing the downtime, the customer will receive a credit for 10 times ( 1,000% ) the actual amount of downtime.
All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer's monthly recurring charge.
OS Web Hosting Dedicated Hosting Terms of Service
OS Web Hosting provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided by OS Web Hosting are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless OS Web Hosting, from any claims resulting from the subscriber's use of OS Web Hosting's services which damages the subscriber or any other party.
Examples of prohibited content or links include (but are not limited to):
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.
OS Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber. Housing of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email - • Spamming, i.e. the sending of unsolicited email, from any OS Web Hosting server or any server located on the OS Web Hosting network is STRICTLY prohibited. OS Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at OS Web Hosting.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by OS Web Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any OSWebHosting Inc.-hosted domain, or referencing any OS Web Hosting account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited. Server Abuse - Any attempts to undermine or cause harm to a OS Web Hosting server or subscriber of OS Web Hosting is strictly prohibited including, but not limited to:
• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of OS Web Hosting and all dedicated servers must adhere to the above policies.
Bandwidth Measurement and Overrage Fees As of August 11, 2004 all bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.75 per GB over.
Dedicated Server Support
Basic support and maintenance of dedicated servers is provided at the discretion of OS Web Hosting In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:
• $100/hour
Scheduled Maintenance and Downtime
OS Web Hosting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week.
Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond OS Web Hosting's control or which are not reasonably foreseeable by OS Web Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. OS Web Hosting will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. OS Web Hosting has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.
Refunds
Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. $12.95 will be deducted from the money refunded if the user's domain was registered via OS Web Hosting's free domain registration method. Any violation of OS Web Hosting's Terms of Service Agreement shall result in no refund.Account Setup, Termination, and Billing: The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month. Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by OS Web Hosting
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Free Domain Name Registration: OS Web Hosting will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed. Free registration is for the first year only, subsequent renewals are $15 per year that the domain is renewed for. If Free SSL Secure Certificate was chosen in lieu of the 5 free domain names (on Professional Plan promotional offer only) this offer extends to the first year the certificate is issued and is for new signups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact support@OSWebHosting.com for renewal requests.
Courtesy Services for Customers All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. OS Web Hosting is not responsible for lost data or for lost data due to third party software that is not maintained by OS Web Hosting programming staff. (Cpanel is not associated with OS Web Hosting)
Limitation of Damages
Recovery of damages from OS Web Hosting may not exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and OS Web Hosting By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by OS Web Hosting administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans. Any violation of these Terms of Service will result in termination of the account. OS Web Hosting maintains the right to terminate accounts without prior notification.We reserve the right to remove any account with 15 days prior notice.