While we are committed to the
principles of free speech, certain activities that may be damaging to
the resources of both us and the Internet and cannot be permitted
under the guise of free speech. The resources of us and the Internet
are limited, and abuse of these resources by one user has a negative
impact on the entire community.
We do not routinely monitor the
activity of accounts except for measurements of system utilization and
the preparation of billing records. However, in our efforts to promote
good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve
the right to terminate your service without notice. We prefer to
advise Subscribers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the TOS will result
in immediate termination of service. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our
right to do so at any time.
II) SPECIFIC VIOLATIONS OF
By using our services you agree not
to commit any of the following specific violation of the TOS. The
following constitute specific violations of the TOS:
Our services may not be used for illegal purposes, or in support of
illegal activities. We reserve the right to cooperate with legal
authorities and/or injured third parties in the investigation of any
suspected crime or civil wrongdoing. If anything is not legal in the
United States of America, it is not permitted to reside on our
servers. If illegal content or usage is found, the account will be
suspended and/or terminated. Subscriber agrees that the Company may
disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or
notification to the Subscriber.
Harm to minors:
Use of our service to harm, or attempt to harm, minors in any way,
including, but not limited to child pornography is prohibited.
Violation of this policy will result in immediate termination of your
service and a report will be made to law enforcement authorities.
Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that threatens or encourages bodily harm or
destruction of property is prohibited.
Use of our service to transmit any material (by e-mail, uploading,
posting or otherwise) that harasses another is prohibited.
Use of our service to make fraudulent offers to sell or buy products,
items, or services, or to advance any type of financial scam such as
"pyramid schemes," "ponzi schemes," and "chain letters" is prohibited
This also includes any knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
Forgery or impersonation:
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead is prohibited. Attempting to
impersonate any person by using forged headers or other identifying
information is prohibited. Forging any message header, in part or
whole, of any electronic transmission, originating or passing through
our service is in violation of the TOS. The use of anonymous remailers
or nicknames does not constitute impersonation.
e-mail/Unsolicited bulk e-mail (SPAM): Use
of our service to transmit any unsolicited commercial or unsolicited
bulk e-mail is expressly prohibited. Violation of this SPAM policy
will result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, we will initiate an investigation.
During the investigation, we may restrict Subscriber access to the
network to prevent further violations. If a Subscriber is found to be
in violation of our SPAM policy, we may, at our sole discretion,
restrict, suspend or terminate the Subscriber's account. Further, we
reserve the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. We will
notify law enforcement officials if the violation is believed to be a
criminal offense. Anyone using our service to host websites or
services that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their account(s)
immediately suspended. The account will not be unsuspended until such
time that you agree to remove any and all traces of the offending
material immediately upon reconnection. First violations of this
policy will result in an "Administrative Fee" of $25 and your account
will be reviewed for possible immediate termination. Severe violations
may result in immediate and permanent removal of the account(s) from
our network without notice to the customer. A second violation will
result in an "Administrative Fee" of $100 and immediate termination of
Malicious intent to impede another person's use of electronic mail
services or news will result in the immediate termination of the
We have a zero tolerance policy for the use of our service for the
posting of messages or commercial advertisements which violate the
rules, regulations, or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a
newsgroup or mailing list or that are solicited by the recipients are
Use of our service to access, or to attempt to access, the accounts of
others, or to penetrate, or attempt to penetrate, security measures of
ours or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not
the intrusion results in the corruption or loss of data, is expressly
prohibited and the offending account is subject to immediate
termination. You may not attempt to circumvent user authentication or
security of any host, network or account. This includes, but is not
limited to, accessing data not intended for you, logging into or
making use of a server or account you are not expressly authorized to
access, or probing the security of other networks. Use or distribution
of tools designed for compromising security is prohibited. Examples of
these tools include, but are not limited to, password guessing
programs, cracking tools or network probing tools. Violations of
system or network security may result in civil or criminal liability.
We will investigate occurrences, which may involve such violations and
may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Copyright or trademark
infringement: Use of our service to transmit
any material (by e-mail, uploading, posting or otherwise) that
infringes any copyright, trademark, patent, trade secret or other
proprietary rights of any third party, including, but not limited to,
the unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other
copyrighted sources, and the unauthorized transmittal of copyrighted
software is prohibited. This also includes intellectual property
rights. Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Collection of personal
data: Use of the service to collect, or
attempt to collect, personal information about third parties without
their knowledge or consent is prohibited.
Network disruptions and
unfriendly activity: Use of the service for
any activity which affects the ability of other people or systems to
use our services or the Internet is prohibited. This includes "denial
of service" (DOS) attacks against another network host or individual
user. Interference with or disruption of other network users, services
or equipment is prohibited. This includes, but is not limited to:
"flooding" of networks, deliberate attempts to overload a service, and
attempts to "crash" a host. It is the Subscriber's responsibility to
ensure that their account(s) are configured in a secure manner. A
Subscriber may not, through action or inaction, allow others to use
their account for illegal or inappropriate actions. A Subscriber may
not permit their account, through action or inaction, to be configured
in such a way that gives a third party the capability to use their
account in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system will
result in immediate account termination. We will not tolerate any
Subscriber attempting to access the accounts of others, or penetrate
security measures of other systems, whether or not the intrusion
results in corruption or loss of data. We reserve the right, to drop
the section of IP space involved in Spam or Denial-of-Service
complaints if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays are on
your account, or if denial of service attacks are originating from
your account. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as soon
as is feasible.
Distribution of Viruses:
Intentional distributions of software or anything that attempts to
and/or causes damage, harassment, or annoyance to persons, data,
and/or computer systems are prohibited. Such an offense will result in
the immediate termination of the offending account.
Inappropriate Use of
Software: Use of software or any device that
would facilitate a continued connection, i.e. pinging, while using our
services could result in suspension of service.
It is forbidden to host IRC (Internet Relay Chat) that is part of or
connected to another IRC network or server. Accounts found to be
connecting to or part of these networks will be immediately suspended
without notice. The account will not be unsuspended until such time
that you agree to remove any and all traces of the offending material
immediately upon reconnection. Severe violations may result in
immediate and permanent removal of the account(s) from our network
without notice to the customer. Any user who commits a second
violation will be immediately and permanently removed from our network
Streaming Video and Audio:
Streaming Video and Audio is not permitted on our servers. You must
zip the content to prevent this if you wish to have it hosted, and
like everything else this content must be legal and in compliance with
our copyright guidelines.
Eggdrop scripts/bots and IRC bots of any type are not allowed, these
are grounds for immediate account deletion.
You may not use our service to publish material, which we determine,
at our sole discretion, to be unlawful, indecent or objectionable. For
purposes of this policy, "material" refers to all forms of
communications including but not limited to: narrative descriptions,
graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings.
If you unsure if your content is objectionable, please contact us
before posting it.
Chinese Forums are not allowed on our network. These sites require too
much CPU usage. They almost require a dedicated server to run
properly. If they are found on any server we will suspend and/or
Anime websites are not allowed on our network. If an Anime website is
found we will terminate the account. These sites are not allowed on
our servers because most of them are illegal.
By using our services you agree to
adopt adequate security measures to prevent or minimize unauthorized
use of your account. Your password provides access to your account. It
is your responsibility to keep your password secure. Sharing your
password and account access with unauthorized users is prohibited. You
should take care to prevent others from using your account since you
will be held responsible for such use.
Subscribers will be held responsible
for any activity by third parties using their accounts in a way that
violates the TOS. You are responsible for any misuse of your account,
even if the inappropriate activity was committed by a friend, family
member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account.
Subscribers who are resellers are
responsible for enforcing the TOS to all of their clients. If their
clients are found to be violating the TOS, we will suspend and
or/terminate the offending site and let the reseller know. It is
advisable that you adopt similar or stricter policies than ours. Our
Subscribers may use and/or modify a copy of our TOS for use on their
It is the clients responsibility to do all backups of their site. If, in
the unfortunate event, something happens to your files, it is your
responsibility to have a local copy of your files. We are NOT held liable
in any way for any files, money, time, effort, etc... lost due to this
unfortunate event. Furthermore, if your files are lost, we will attempt to
restore them as a gesture of good faith, but make no promises what so ever
about whether the files will be brought back successfully or not. Again,
back ups are the client's responsibility.
IV) NETWORK PERFORMANCE
By using our service you agree to
abide by this policy. Our services operate on shared resources.
Excessive use or abuse of these shared network resources by one
customer may have a negative impact on all other customers. Misuse of
network resources in a manner which impairs network performance is
prohibited by this policy and may result in termination of your
You are prohibited from excessive
consumption of resources, including CPU time, memory, disk space and
session time. You may not use resource-intensive programs which
negatively impact other customers or the performances of our systems
or networks. We reserve the right to terminate or limit such
Policy for Unlimited
Accounts: Unlimited Accounts are indeed
unlimited. These accounts may not be used to host a collection of
MP3's, Warez, or to backup your computer or another source. They may
not be used for general storage of any type. All content stored on an
unlimited account must be directly used on the Internet by the website
associated with that account. These accounts may not be used as a
download distribution point for your bundled software. They are to be
used for standard web practices only. This means that all content
stored on an unlimited account must be used for “normal” website use.
“Un-normal” usage is anything that a shared server would not be able
to provide under standard circumstances. If your account requires
resources that are not able to be provided by a shared server, we may
require you to rent a dedicated server. If you are unsure of whether
your account may violate this policy, please contact us prior to
V) PAYMENT POLICY
By using our services you agree to
the following payment policy and instructions.
We remit payments to the datacenter as they are received, in order to obtain the lowest possible hosting rates for our customers. As such, no refunds will be made at any time for subscription payments made to
Ovishosting.com, All subscription payments are absolutely non-refundable.
This is agreed upon at the time of subscription. If you do not agree do not subscribe to our services. If you do not want to be auto-billed then you must cancel your paypal subscription.
If you dispute a charge to your credit
card issuer or take any action that results in a payment being
reversed that, in our sole discretion is a valid charge under the
provisions of the TOS, we will take any legal actions deemed neccessary to uphold the AUP/TOS agreement terms.
Establishment of this service is dependent upon receipt by the Company
of payment of stated charges. We require that all Subscribers use an
automatically recurring payment subscription through one of our
payment processors (currently Paypal ). Your recurring subscription
must remain active at all times for your account to remain activated.
If a subscription becomes inactive and/or is cancelled, we will
suspend the account and issue a warning to the Subscriber to their
email address on file. If the subscription is not rectified within
7-days of the warning we will delete the account from the server. If
it is a reseller account we will also delete any domains “under” the
primary account. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees. We may allow some
users to purchase our services with a one-time payment or subscription
that is not automatically recurring. Any such allowance does not
forfeit our right to require any such user to activate a recurring
subscription at any time.
All cancellations must be made by the subscriber by canceling their
recurring subscription. We will not comply with verbal or written
requests to cancel accounts. It must be done by canceling the
subscription with the payment processor. Upon notification that a
subscription has been cancelled we will delete the Subscriber’s
account from the server. We will not wait until the end of any
advertised or perceived billing cycle, and we will not refund any
unused portions of any subscription payment. We require that a
recurring subscription be active at all times and will therefore
delete the account upon termination of the subscription.
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company by
VI) GENERAL OPERATIONS
By using our service you agree to
the following policy and limitations pertaining to our services.
Subscriber acknowledges that the service provided is of such a nature
that service can be interrupted for many reasons other than the
negligence of the Company and that damages resulting from any
interruption of service are difficult to ascertain. Therefore,
Subscriber agrees that the Company shall not be liable for any damages
arising from such causes. In no event shall the Company be liable for
any special or consequential damages, loss or injury. Although many of
our own network providers guarantee an uptime of 99% or more, we make
no guarantees about uptime performance because we realize there are
influencing factors that are outside of our control, and in most cases
even outside the control of the data centers and network providers we
We provide technical support to our Subscribers. We limit our
technical support to our areas of expertise. We provide support
related to your account or virtual site’s physical functionality. We
do not offer tech support for application specific issues such as cgi
programming, html, or any other such issue. We do not provide
technical support for your customers, unless an outsourced support
subscription has been purchased. We provide a variety of support
information and options to our Subscribers. These support options can
be found on the support page of our website.
Abuse of Our Staff or
Network Staff: Abuse towards our staff or
our network staff will not be tolerated. If you use foul language,
threaten us, or do anything we find offensive, we may suspend and/or
delete your account. Per our payment policy we offer no refunds.
Internet Protocol (IP)
Address Ownership: If we assign a Subscriber
an IP address for the Subscriber's use, the right to use that IP
address shall belong only to us, and Subscriber shall have no right to
use that IP address except as permitted by us in our sole discretion
in connection with the services. We shall maintain and control
ownership of all IP numbers and addresses that may be assigned to
Subscriber by us, and we reserve the right to change or remove any and
all such IP numbers and addresses, in our sole and absolute
discretion. Our allocation of IP addresses is limited by the policies
set forth by ARIN (American Registry for Internet Numbers). These
policies state that use of IP addresses for IP-based virtual hosts
will not be accepted as justification for new IP addresses. What this
means to you is that you MUST use name-based hosting where possible.
We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could be
used with name-based hosting.
Bandwidth and Disk Usage:
Subscriber agrees that bandwidth and disk usage shall not exceed the
quota for the services ordered by Subscriber on the order form (the
"Agreed Usage"). We will monitor Subscriber's bandwidth and disk
usage. We have the right to take corrective action if Subscriber's
bandwidth or disk usage exceeds the Agreed Usage in our sole
discretion. Such corrective action may include the assessment of
additional charges, or disconnection or discontinuance of the service.
If we take any corrective action under this section, Subscriber shall
not be entitled to a refund of any fees paid in advance prior to such
VII) VIOLATION REPORTING
By using our service you agree to
report violations of the TOS to us. Anyone who believes that there is
a violation of our TOS should direct such information to us by email
immediately. If available, please provide the following information:
VIII) VIOLATION PROCEDURES
By using our services you understand
and agree with the following procedures and policies.
We are under no duty to look at each
Subscriber's or user's activities to determine if a violation of the
TOS has occurred, nor do we assume any responsibility through our TOS
to monitor or police Internet-related activities.
Any Subscriber, which we determine to have violated any element of the
TOS, shall receive an email, warning them of the violation. The
service may be subject at our discretion to a temporary suspension
pending a Subscriber's agreement in writing, to refrain from any
Subscribers that we determine to have committed a second violation of
any element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without further notice.
Suspension of Service or
Cancellation: We reserve the right to
suspend network access to any Subscriber if in the judgment of the
network administrators the customer's account is the source or target
of the violation of the TOS or for any other reason which we choose.
If inappropriate activity is detected, all accounts of the Subscriber
in question will be deactivated until an investigation is completed.
Prior notification to the Subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the activity.
In agreeing to the TOS, Subscriber indemnifies us for any violation of
the TOS that results in loss to us or the bringing of any claim
against us by any third-party. This means that if we are sued because
of a Subscriber's or a customer of a Subscriber's activity, the
Subscriber will pay any damages awarded against us, plus all costs and
You must provide us with, and keep current, good contact information
for yourself including an E-mail address and telephone number. If we
fail to communicate any information to you due to a non-current,
inoperative, or incorrect email address you are still responsible and
accountable for any such information we attempted to communicate.
A waiver by the Company of any breach of any provision of the TOS by
Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
Subscriber shall not transfer or assign the TOS without the prior
written consent of the Company. Company may assign the TOS at anytime
without consent from or notice to Subscriber. Company reserves the
right to cancel Subscriber’s rights under this contract at any time
without further obligation.
3rd Party Disclaimer:
We take no responsibility for any material input by others and not
posted to our website by us. We are not responsible for the content of
any other websites linked to us; links are provided as Internet
navigation tools only. We disclaim any responsibility for any such
inappropriate use and any liability to any person or party for any
other person or party's violation of this policy.
Disclaimer of warranties:
We are not responsible for any damages your business may suffer. We do
not make implied or written warranties for any of our services. We
deny any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by us.
3rd Party Software and
Services: We may provide you access to third
party software and/or services ("Third Party Products ") through
reseller relationships we have established with certain commercial
vendors. Subscriber understands that product support for Third Party
Products is provided by us and not by the Third Party Vendor, unless
otherwise notified. Neither us nor any Third Party Vendor makes any
representations or warranties, express or implied, regarding any Third
Party Products. Subscriber expressly acknowledges and agrees that use
of third party products is at customer's sole risk and such third
party products are provided "as is" and without representation or
warranty of any kind from us or any third party vendor, including
without limitation, any implied warranty of merchantability, fitness
for a particular purpose, accuracy or completeness of responses or
results, correspondence to description, or non-infringement of third
party rights. To the maximum extent permitted by applicable law,
neither us nor any third party vendor will be legally responsible for
any damages, whether direct, indirect, or consequential, arising from
the use or inability to use any third party product. Subscriber agrees
to observe the terms of any license and/or applicable end-user
subscriber agreement for third party products and that customer shall
be fully liable to third party vendors and us with respect to any
improper use of such third party products or violation of license
agreements with them and/or applicable end user subscriber agreements.
Subscriber agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on Third
Party Products or that appear during the use of Third Party Products.
Subscriber further agrees not to reverse engineer, decompile, or
disassemble the Third Party Products.
Revisions to the TOS:
We reserve the right to revise, amend, or modify the TOS at any time
and in any manner. In such case the amended or revised TOS will be
posted to our website. Subscriber understands that changes to the TOS
shall not be grounds for early contract termination or non-payment.
Location and Severability:
The TOS shall be construed in all respects in accordance with the laws
of the State of Colorado. If any part of the TOS is found to be
invalid or unenforceable by law, the remainder of the TOS will remain
enforceable and in full effect.