OpenHosting - Satisfaction Guarantee

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TERMS OF SERVICE

Please Read Terms of Service carefully before proceeding:

1. ACCEPTANCE OF TERMS 
Agreement Between OpenHosting And All Customers

Activities Subject to Immediate Deactivation. Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in immediate deactivation of an account.  Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, illegal mp3's, obscenity, nudity, violations of privacy, hacking, illegal irc related scripts and programs, non-approved server scripts, eggdrops, computer virii, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 24-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply.  Each individual hosting account is allowed 1 main domain name with all additional parked domain names pointing to the main site of the main domain, unless otherwise specified.  OpenHosting reserves the right to Cancel/Deactivate any account at any time for any reason.  There will be no tolerance of any abuse of any of our support methods, which will result in immediate suspension.

2. PUBLIC NATURE OF INTERNET

Please understand that all information submitted to your hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

3. UNSOLICITED ELECTRONIC MAIL
You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold us harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement.  Anyone using our services for spamming will be immediately subject to a $250 cleanup/network abuse fee.

OpenHosting servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another web host, or for any other reason.  Servers are not to be used for the hosting or serving of file downloads.  Any site with traffic or disk usage consisting more than 33% of file downloads (non html traffic) may be suspended.  Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month.  Customers are not permitted to run scripts on their account with us, to monitor connections and status's of other servers (gaming servers for example).  Customers are not permitted to get multiple accounts with OpenHosting, for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges.  Customers are not permitted to host multiple seperate domains (not referring to parked domains) on one account unless this is a feature of they account they have ordered.  OpenHosting can and will terminate accounts of people using our servers not to host their domain but only scripts unless given prior consensual agreement in writing.

4. GUARANTEED UPTIME
The OpenHosting network of computers will have a guaranteed aggregate average uptime of 99.5%-99.9% over the course of three months (90 days).  This does not include scheduled downtime for maintenance on servers, which will be minimal, and necessary.  This also doesn't include mass-network problems such as major backbone failures.

Minimum server specifications are not guaranteed on all machines, however upon request any account will be moved to a server matching our current minimum server specifications.

5. SERVICE FEES
All payments are due on time, without exception. Any failed charges on an invoice are subject to a $2.00 service fee. Accounts with any past due invoices are at risk of suspension and late fees. Any account suspended for more than a 30 day period are terminated without backup.

6. CANCELLATION
In the event you cancel your service, you will be refunded in full for the remainder of the month in which you canceled your service.  Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations.  In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees before refunding them to you.  There is a $50 administrative fee for any illegitimate charge backs placed against us.  Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation.

7. ANY TIME GUARANTEE
The any-time guarantee covers cancellation of an account during the duration of service, due to our inability to deliver satisfactory service.  The customer will be refunded all hosting charges made to their credit card less any setup fees and current bandwidth and hard drive space usage for the current month.  Refunds will not be given for any reason in the case of account non-use, misuse, or abuse.  Refunds will not be given on domain registration fees.  All inquiries regarding this guarantee should be directed to admin@ohosting.org

OpenHosting reserves the right to modify this agreement at any time.

11.17.2003 - Last Modified

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