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Terms and Conditions
 
This Web Site Hosting Agreement ('Agreement') is by and between Oh-ic Hosting and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of Oh-ic Hosting ('Web Hosting') services and represents the entire agreement between You and Oh-ic Hosting.

By using Oh-ic Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Oh-ic Hosting may establish from time to time.

By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with Oh-ic Hosting, whether or not the transactions were in your behalf.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Oh-ic Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid.


Fees
As consideration for the services purchased by You and provided to You by Oh-ic Hosting, You agree to pay Oh-ic Hosting quarterly, half-yearly or yearly fees. You agree that You will be responsible for notifying Oh-ic Hosting should you desire to terminate Your use of Oh-ic Hosting services. Notification of Your intent to terminate must be provided to Oh-ic Hosting no earlier than 14 days prior to You billing date but no later than 3 days prior to Your billing date. In the event You terminate, moving your web site off of the Oh-ic Hosting servers is Your responsibility. Oh-ic Hosting will not transfer or FTP Your web site to another provider. Any account that is suspended due to nonpayment, will incur a $25.00 USD reinstatement fee. Accounts 14 days past due are suspended. Accounts 30 days past due are completely removed from our servers.

Domain Names
If You choose to register a domain name(s) through Oh-ic Hosting, You acknowledge and agree that You will pay a registration fee(s) to register the domain name(s), except in cases where a free domain name is provided with a hosting order. Oh-ic Hosting does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. If You choose to use your existing domain name on Oh-ic Hosting Budget Package, You acknowledge and agree that You will pay for your own renewal of your domain name.

Illegal Usage
Oh-ic Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. You agree to indemnify and hold harmless Oh-ic Hosting from any claims resulting from the use of the service that damages You or any other party. Oh-ic Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Unsolicited Commerce Email (SPAM)
Spamming, or the sending of mass unsolicited email, from or through a Oh-ic Hosting server or using an email address that is maintained on a Oh-ic Hosting machine is STRICTLY prohibited. Oh-ic Hosting will be the sole arbiter as to what constitutes a violation of this provision. If You engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Oh-ic Hosting server as a maildrop for responses, You are in violation. Violators will be assessed a minimum of $250.00 USD fine and will face an immediate suspension.

Terms Of Agreement
The terms of this agreement shall continue in full force and effect as long as Oh-ic Hosting is providing Web Hosting services to You.

Description Of Service
Oh-ic Hosting currently provides Web Hosting services to its customers for a quarterly, half-yearly or yearly fee. Oh-ic Hosting will host Your web site on Oh-ic Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Oh-ic Hosting policies and procedures. You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Oh-ic Hosting.

Oh-ic Hosting Rights
Oh-ic Hosting explicitly reserves the right and sole discretion to:
  • Review every Web Hosting account for excessive space and bandwidth utilization and to
        terminate or apply additional fees to those accounts that exceed allowed levels.
  • Modify its pricing through email notification.
  • Terminate Your Web Hosting service for prohibited uses.

  • Your Obligations
    You agree that You have provided accurate, current and complete information in the application process and that You will notify Oh-ic Hosting within 7 business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within 7 business days to any inquiries made by Oh-ic Hosting to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Oh-ic Hosting has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Oh-ic Hosting has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account. You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that the web site being hosted by Oh-ic Hosting will not be used in connection with any illegal activity.

    Limitation Of Liability
    You agree that Oh-ic Hosting entire liability to You under this Agreement, and Your only remedy, in connection withany service provided by Oh-ic Hosting to You under this Agreement, and for any breach of this Agreement by Oh-ic Hosting, shall be limited to the fees You paid to Oh-ic Hosting for Web Hosting services.

    Taxes
    You will pay and indemnify and hold Oh-ic Hosting harmless from any and all taxes associated with or arising from Your use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

    Disclaimer Of Warranties
    Oh-ic Hosting 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.

    Severability
    You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

    Backup
    While Oh-ic Hosting shall make every reasonable effort to protect and backup data for the Customer on a regular basis, Oh-ic Hosting is not responsible for customer files residing on Oh-ic Hosting servers. You are solely responsible for the independent backup of data stored on Oh-ic Hosting server and network.

    Modifications
    Oh-ic Hosting reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

    Refusal Of Service
    Oh-ic Hosting reserve the right to refuse, cancel, or suspend service at our sole discretion.
     
     
     
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