Acceptable Use Policy
Billing Procedures
Money Back Guarantee
Uptime Guarantee
Limitation of Liability
Reporting
Abuse
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to abuse@onlineprominence.com.
All complaints will be investigated promptly. Serious violations
of terms or conditions can be ground for immediate account deactivation
without refund.
Acceptable Use Policy
OnlineProminence provides web hosting to many clients, and we have
a responsibility to protect each client and to provide the best services
available. The following guidelines were designed to ensure these
obligations are met.
These terms and
conditions also apply to resellers and their customers.
Content
All services provided by OnlineProminence may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data
or material in violation of any Canadian Federal, Provincial or Municipal,
or any International laws is prohibited. This includes, but is not
limited to: copy righted material, material we judge to be threatening
or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless OnlineProminence from
any claims resulting from the use of the service which damages
the subscriber or any other party.
Pornography and sex-related merchandising
is prohibited on all OnlineProminence servers. This includes equally
sites that links to such content.
If you are unsure whether or
not your site falls into this category feel free to contact us with a description before
signing up for an account or publish material as an existing customer.
OnlineProminence will be the sole
arbiter in determining violations of this provision.
Also prohibited are sites that
promote any illegal activity or present content that may be damaging
to OnlineProminence servers or any other server on the internet.
Links to such materials are also prohibited.
Examples of unacceptable content
or links:
- Pirated software.
- Pornography and sex-related
merchandising.
- Violations of Copyrights.
- Hacker programs or archives.
- Warez sites.
- Hate propaganda.
MP3 and other types of sites
designed for downloading of material by a mass user group. This
includes but is not limited to, Music, video, audio, Software or
Freeware or Shareware, Free Images and backgrounds, and anything
else that makes it an excessively high bandwidth site with the sole
purpose to distribute freely products for download.
OnlineProminence will be the sole
arbiter as to what constitutes a violation of this provision.
Reasonable Limits
We have found most our customers to stay within "reasonable
limits" However, to maintain the integrity of our service,
we must state the following.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a OnlineProminence
server or using an email address or domain that is maintained on
a OnlineProminence machine as reference is STRICTLY prohibited.
We also do not allow you to advertise any website hosted on our
servers in an unsolicited email, regardless of the origin of that
email (i.e. even if you do not send the spam through our servers,
or using an email address from a domain name hosted by us.... if
you advertise a website hosted by us in a spam email, your account
will be terminated. As delegated by our backbone provider, any sites
using spam or selling of spam related software or bulk email content
will be terminated.
OnlineProminence will be the sole
arbiter as to what constitutes a violation of this provision.
Spamming WILL
get your account terminated.
Chat Rooms
We do not allow clients to install their own chat rooms. These
tend to be a large drain on system resources and we cannot allow
it as an account option.
Background Running Programs
CRON JOBs: We may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra charge
will be incurred based on system resources used and operational
maintenance needed.
IRC: We currently do not allow IRC or IRC bots to be operated on
our servers.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer,
of OnlineProminence is strictly prohibited. Offenders will be prosecuted
to the fullest extent of the law.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service at
our sole discretion.
Billing Procedures
Recurring Billing: We
use paysystems.com as our payment processor. When you sign up for
a hosting account, your credit card is charged immediately for your
first month of web hosting, plus any setup fees. You will then automatically
be charged your monthly hosting fee on the same date each month
thereafter. So if you order your hosting plan on January 5th, you'll
be charged on January 5th, Feb 5th, March 5th, and the 5th of every
month thereafter, until such time as you cancel your hosting account
with us.
Payment Methods:
You must have a credit card to order a OnlineProminence web hosting account.
We accept all major credit cards including Visa, Master Card, Amex
and Discover. We do not accept debit, paypal or checks.
Cancellation of Service:
If you decide you no longer need or want your web hosting account,
you may cancel at any time. To cancel an account, simply email or
fax your cancellation request to us, and include your name, address,
account username, domain name of the hosting account, and reason
for your cancellation. There will be no further charges to your
credit card from the time that you cancel your account. Charges
already made to your credit card however, cannot be refunded, unless
your cancellation is received within the first 30 days of signing
up.
Non-Payment of Service:
It is up to you to keep your account up to date. If your payment
is not received on the due date, your account may be suspended.
Suspended accounts typically remain suspended for a maximum of 30
days, or until payment is made (when an account is suspended, your
website will not be visible, you will not be able to login, and
any email addresses you created will cease to function. No information
is deleted when an account is suspended). If payment is not
made within 30 days, your account will be terminated, and all information
in your account (files, emails, etc) will be lost.
Note: Since our billing is recurring and automatic, the only reason
your account would go unpaid is if your address or credit card details
change, or if there are insufficient funds in your credit card account.
If that is the case then you will be notified by our payment processor
(on our behalf), and advised on how to correct the problem. Failure
to correct the problem in a timely manner will result in your account
being suspended.
Account Terminations:
Accounts terminated for non-payment will only be terminated after
a suspension period (i.e. you are given leniency time to correct
the issue). However, accounts that are found to be in violation
of our acceptable use policy, for spamming reasons, or other violations
of our terms of use, particularly when the violation is causing
harm to our equipment, or the accounts of our other customers, may
be terminated immediately without notice.
Chargeback Fees: In the event that your account is suspended
due to disputing the charge through your credit card company, we
will incur a chargeback fee from our payment processor, paysystems.com.
In the event that you disputed this charge in error, this chargeback
fee will have to be "taken care of", and you will have to have your
recurring billing re-setup, prior to your account being re-instated.
Either the chargeback fee will have to be reversed by your bank,
and then by our payment processor, OR you will have to place a new
order for your account with a $35.00 surcharge to cover the chargeback
fee. Great care should be taken prior to disputing a charge, because
getting the banks to reverse the chargeback fees may take several
days, resulting in your account being down for a long period of
time. Accounts suspended due to chargebacks may be terminated immediately,
unless we hear from you within a few days of suspension.
30
Day Money Back Guarantee/Refunds
If for whatever reason, you become
unsatisfied with our services within the first 30 days of your account
activation, we will refund your hosting fees (including any
setup costs), no questions asked. Domain name registration fees
however, cannot be refunded. To cancel an account, simply email
or fax your cancellation request to us, and include your name, address,
account username, domain name of the hosting account, and reason
for your cancellation.
If you wish to cancel your account(s)
after the 30 days has expired, we do not refund partial monthly
fees.
99%
Uptime Guarantee
We guarantee that the network
where your hosting account resides will be "available to the internet"
at least 99% of the time every month, excluding scheduled maintenance.
If network uptime is not at least 99% in any given month,
then you'll receive a credit for a free month of web hosting. We
cannot be held responsible for problems resulting from services
or software running in your hosting account. Network downtime exists
when you are unable to transmit and/or receive data due to problems
with our network, and this downtime is recorded in our Technical
Support ticketing system. The downtime is measured from the time
your trouble ticket is opened (by using our Technical Support request
form), until the time your account is able to transmit/receive data.
Limitation of liability
Your use of OnlineProminence's services
are at your sole risk. All OnlineProminence services are
provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some
jurisdictions do not allow the exclusion of implied warranties,
so this exclusion may not apply to you in full.
OnlineProminence makes no guarantee
of availability of service and reserves the right to change,
withdraw, suspend, or discontinue any functionality or feature
of the OnlineProminence service.
IN NO EVENT WILL OnlineProminence
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE OnlineProminence's
SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT,
OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE;
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY RECORD.
The formation, construction
and interpretation of this agreement shall be controlled by
the laws of Canada. Any dispute relating to this agreement
shall be subject to the exclusive jurisdiction of the courts in
Canada, and the parties agree to submit to the personal and exclusive
jurisdiction and venue of these courts.
OnlineProminence reserves the right
to change or amend these Terms of Service at any time without
prior notice. By submitting your order to OnlineProminence, you
signify your agreement to these Terms of Service.
If you do not
agree to these Terms, then please don't submit an order!
Reporting Abuse
Violations of these Acceptable Uses Policies and Terms of Service
should be referred to abuse@onlineprominence.com.
All complaints will be investigated promptly. Serious violations
of terms or conditions can be ground for immediate account deactivation
without refund. |
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