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Terms of Service and Acceptable Use Policy
osDate Hosting (also known as (www.osdatehosting.com) ("The Company") assumes all Clients/Customers (the person purchasing and/or using the services provided by osDate Hosting and all its affiliates) have read the Terms of Service and Acceptable Use Policy before signing up (purchasing) any services, plans, products, agreements or items that osDate Hosting offers.
1. General Notes
1.1 By signing up for, holding an account with or using any account/service/product or agreement provided by osDate Hosting the Client agrees to abide by and be bound by all points in these Terms of Service and Acceptable Use Policy as detailed below.
1.2 osDate Hosting reserve the right to change any point of these Terms of Service and Acceptable Use Policy at any time, reasonable attempts will be made to inform any current Client of changes (through our Forums).
1.3 Failure to comply with any point/section or part of these Terms of Service and Acceptable Use Policy will result in appropriate action, as seen fit by osDate Hosting and at the sole discretion of osDate Hosting.
1.4 osDate Hosting, osDate Hosting staff, employees, associates, representatives and/or affiliates cannot be held responsible in any way for any damages incurred by any person or group in result of an action taken by either osDate Hosting (this covers Staff, employees, members, associates, representatives and affiliates) and/or a osDate Hosting Client or Illegal User (hacker, illegally obtained account). Also any damages, losses, fees, liabilities, expenses incurred by any person or group due to the use (or misuse) of any part of any service, agreement or product offered by osDate Hosting or one of its affiliates will in no way be the responsibility/concern of osDate Hosting or any member of its staff (including but not limited to employees, members, associates, representatives and affiliates).
2. Accounts
2.1 By signing up for, holding an account with or using any account/service/product or agreement provided by osDate Hosting the Client agrees to indemnify osDate Hosting and all its affiliates, representatives, staff, members and associates from any costs (be they legal, emotional, monetary or other) that arise from the participation of a Client in any osDate Hosting service, product or agreement.
2.2 osDate Hosting reserve the right to refuse any service offered to any Client and/or website at their sole discretion.
2.3 osDate Hosting reserve the right to suspend and/or terminate any Client/Customer account at will and at their sole discretion.
2.4 The Client must use their account/service/package/agreement/product purchased from osDate Hosting (or an affiliate) lawfully. They must not host or promote any illegal material/activity, including but not limited to, "warez", viruses, worms, trojans, unlicensed software (available to the public) or promote copyright infringement or any other illegal activity. Legal adult material is allowed. Any activity that breaks this section (paragraph) of the Terms of Service and Acceptable Use Policy will result in immediate account termination (including the deletion of all Client files stored on osDate Hosting servers) without warning.
2.5 This agreement applies for the length of time the Client has a fully paid for account/product with osDate Hosting or one of its affiliates. This length is a minimum of one calendar year from account creation for Annual Contracts and one calendar month from account creation for Monthly Contracts, these lengths are non-negotiable. Account creation occurs when there is a successful transfer of all monies owed to osDate Hosting from a Client/Customer for a product/service and thus an account is created by osDate Hosting for the Client. An account is therefore defined as "created" when osDate Hosting sends the Client a "Welcome" E-mail with all details of their account (such as cPanel login details). n.b. not when a Client receives said E-mail.
3. Billing, Refunds and Cancellations
3.1 If osDate Hosting, for whatever reason they see fit, suspend and/or terminate an account/service/product or agreement with a Client this does not entitle said Client to any sort of reimbursement (including but not limited to monies and credits) from osDate Hosting and/or any affiliates.
3.2 If a Client wishes to cancel/terminate their account with osDate Hosting they may do so by contacting osDate Hosting via one of the E-mail addresses listed in the "Contact Us" section of www.osdatehosting.com. If a Client cancels their payment subscription this will be dealt with in the same manner as a formal cancellation request and the Clients account will be immediately suspended pending termination. If we receive a request for cancellation within 30 days of the Clients account being created, the Client is entitled to a full refund of all monies paid to osDate Hosting under our "30 Day Money Back Guarantee" with these exceptions:
1) The Client has used 50% or more of their allotted bandwidth.
2) The Client has previously held and/or currently holds an account with us.
3) The Client breaks any part of our Terms of Service and Acceptable Use Policy.
3.3 Any monies refunded will be issued via the same method as originally used by the customer to purchase the product/service from us.
3.4 If a Client does not submit a cancel request that meets the contract terms, either monthly or yearly, and monies are not transferred when due (according to the subscribed and advertised billing cycle) then the Clients account, sub-accounts and services will be suspended 5 calendar days from the date the monies were due.
The Client will then be given a further 25 calendar days from initial suspension to pay the debt otherwise their account, sub-accounts and services will be terminated (permanently and completely removed).
If suspension as outlined in this clause occurs more than twice within any time period for a Client then upon the third offence a charge of £35 will be levied. Failure to pay this charge (and any other outstanding debt) within 7 calendar days will result in permanent account, sub-accounts and services suspension and/or termination.
Please note that some products are excluded from this clause.
3.5 Misconduct towards or against and osDate Hosting staff, employee, member, Client, or affiliate will result in account suspension/termination.
3.6 Misconduct includes, but is not limited to, written, physical or verbal abuse, harassment, threats and disruptive behavior towards any person, Client, staff member, member, associate, employee or affiliate of osDate Hosting.
4. Misuse
4.1 Any attempt to damage or unlawfully access any osDate Hosting owned, rented, leased or in any way utilised servers/equipment and/or network is strictly prohibited.
4.2 Any attempt to access a Client/Customer account other than your own (legally owned and fully paid for) account will result in immediate appropriate legal action.
4.3 Sending unsolicited E-mail (a.k.a. SPAM) from a osDate Hosting account will result in immediate termination of your account and may result in appropriate legal action. osDate Hosting is free to judge each case on merit and thus reserves the right to do so, therefore no solid definition of unsolicited E-mail (a.k.a SPAM) shall be given. We have a ZERO TOLERANCE when it comes to SPAM.
4.4 A temporary URL is given to each Client upon account creation, any attempt to use this URL (either by the Client or a third party) 72 hours after account creation will be considered bandwidth stealing and is in breach of these Terms of Service and Acceptable Use Policy. osDate Hosting reserve the right to take any action they see fit to prevent this including, but not limited to, account suspension/termination.
4.5 Each account a Client holds (legally) is allowed to use reasonable levels of server resources (including, but not limited to, CPU and RAM usage). If, for any reason, a Clients account utilises what osDate Hosting considers to higher levels of server resources then osDate Hosting reserve the right to suspend and/or terminate accounts without prior warning.
4.6 IRC servers are explicitly disallowed on all services/packages that osDate Hosting offers.
4.7 We do not allow Clients to send more than 2,000 emails per day, going over this without informing us will lead to suspension, and possibly termination upon further investigation. If you intend to send out more emails than your quoted 2,000 (non spam) you have to inform us beforehand.
5. Miscellaneous and Footnotes
5.1 Based on past performance figures osDate Hosting can claim a server uptime average of 99.9% each calendar year, this however is not in any way guaranteed or assured.
5.2 osDate Hosting provides all services, products and items "as is" thus they come with no guarantees and/or warranties of any kind.
5.3 osDate Hosting need only satisfy itself that a Client has broken any part of these Terms of Service and Acceptable Use Policy in order to take an appropriate action. It is at the sole discretion of osDate Hosting and all staff, employees, associate and affiliates.
5.4 As stated before by signing up up for any service, plan, product, item or agreement with osDate Hosting you agree to all points in these Terms of Service and Acceptable Use Policy. Furthermore, as stated before, by singing up you agree to be bound by all parts of these Terms of Service and Acceptable Use Policy.
5.5 Backups are made Daily on the US Servers, however no guarantees are made of any kind as to the integrity of these backups. Accounts that use more than 2000 MB of web space will NOT be backed up. Only the MySQL databases that relate to those account will be backed up. All customers are strongly advised to regularly make their own backups, which can be done from the control panel under Backups in cPanel, which gives you various options to backup your data, you should then download it to your computer.
5.6 We do not allow the use of the following scripts. Any account found with said script below, will have the script deleted
- Any type of IRC is banned. This includes but is not limited to bouncers, eggdrops, CGI/Perl/PHP IRC clients
- Proxy Servers
- nph-proxy or CGI proxy
- Ikonboard
- UltimateBBS
- All versions of YABB forum
- Anonymizer
- lstmrge.cgi
- 'Matts' FormMail
- DT_formmail including X-Mailer: DT_formmail
- X-DCC
- Any script made to give a shell prompt through the browser
5.7 osDate Hosting does not allow the use of the following material, this includes, but not limited to, "published or transmitted" via osDate Hosting service including Web content, email, bulleting board posting, chat and any other type of posting or transmission that relies on any service provided by osDate Hosting
- High Yield Investment Programs (HYIP)
- illegal Gambling and Lottery sites
5.8 These Terms of Service and Acceptable Use Policy are legally binding.
6. osDate Install and Upgrade Terms
6.1 By using osDate Hosting to install or upgrade your osDate script, you unconditionally accept the below terms.
6.2 Our installation or upgrades of osDate will be the latest available version at the time of ordering, including any patches available at that time that we are aware of.
6.3 Due to the nature of development, we are unable to be 100% sure that osDate, Flashchat and phpBB will be error or bug free.
6.4 The customer agrees to give us access to FTP, phpMyAdmin and if possible access to their control panel (cPanel, Plesk, Direct Admin, etc...). If the customer is unable to give us access to their control panel, we will need the customer to provide database details. For security reasons, these details will never be shared outside of the company.
6.5 The service is provided without any guarantees. osDate Hosting makes it's best efforts to offer this service, but does not guarantee the service offered will be error-free, or that the defects will be corrected, or that this site or the server that make it available are or will be free of viruses or other harmful components.
6.6 Under no circumstance, whatsoever, will osDate Hosting be liable for any loss of data, loss of profits or any damages whatsoever including, without limiting, any indirect, special, incidental consequential or other damages that result from the use of or inability to use the product/service offered. Notwithstanding the foregoing, in no event shall osDate Hosting be liable to the user for any or all damages, losses, and causes of action (including but not limited to, negligence) or otherwise exceeding the amount paid by the customer to osDate Hosting for this specific service.
6.7 If the customer has any questions, doubts or confusion with regard to these terms, the customer should contact us for clarification.
6.8 These Terms are legally binding.
© osDate Hosting 2008
PO Box 543
Lincoln
LN6 3TT
England
Tel: +44 (0)7954678353 (not to be used for sales/support enquires)
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