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  One Nation Web Hosting TERMS OF SERVICE AGREEMENT (Version 7.0)

March 3, 2005


This represents the One Nation Web Hosting Terms of service agreement (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms and conditions all customers agree to when they sign-up for hosting with One Nation Web Hosting. One Nation Web Hosting reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers. Customers may view the most current version of this policy at 
 
http://www.onenationwebhosting.com/tos.html

 
Customers using any services offered by One Nation Web Hosting consent to be bound by and must comply with all policies in this TOS. At the sole discretion of One Nation Web Hosting, any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.


1. INTERPRETATION

The provisions of this Policy are intended as guidelines and not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. One Nation Web Hosting reserves the exclusive right at any and all times to prohibit activities that any in way damage its commercial reputation and goodwill.


2. SYSTEM AND NETWORK SECURITY

Activities strictly prohibited:

1. Tampering with other accounts, or committing unauthorized intrusions into any part of One Nation Web Hosting or related systems, or use of any servers, files, accounts, or networks to intrude without authorization into any other system or systems is strictly prohibited.

2. Using accounts not provided or intended for use by Customer, or circumventing security provisions in order to access services without incurring charges.

3.  Using the system in a manner that unfairly encumbers disk space, processors or other system resources beyond those provided as part of the service or services purchased.

4. Making deliberate attempts to interfere with a service, overload a service or attempt to disable a host.


3. E-MAIL

Activities strictly prohibited:

1. Sending commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.

2. Transmitting e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.

3. Forging e-mail header information in any way.

4. Using a Customer’s account, or network connection, to collect e-mail replies of messages sent from any other provider that violates the rules of this Policy or those of the originating provider.

5. Sending unsolicited e-mail messages (“Spamming”), including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.

6. One Nation Web Hosting reserves the sole right to block, without notice, any e-mail messages to their customers that, at their own discretion, are consider unsolicited e-mail (SPAM).

7. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

One Nation Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. One Nation Web Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

One Nation Web Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of One Nation Web Hosting.




4. BILLING


1. Customer agrees to pay all fees and other charges incurred on their account. All payments shall be made pursuant to the terms of the pricing and other information relating to the Service, which is available in the registration process and on the One Nation Web Hosting Web Site. Customer agrees to these rates and terms as they may be amended from time to time by updating the One Nation Web Hosting web site, or by e-mail notification, or by regular mail. By agreeing to these terms, you authorize One Nation Web Hosting to charge any amounts payable by you in connection with your use of the Service automatically to the credit card you provided in the registration process or such credit card number you provide thereafter, regardless of the status of your account, subject to the terms and conditions of the agreement between you and your credit card issuer. Your right to use the Service is subject to any limits established by your credit card issuer.


2. All prices on the One Nation Web Hosting website are in U.S. Dollars ($). One Nation Web Hosting reserves the right to charge the customer in any currency, at the U.S. Dollar equivalent.


3. All customer’s should be aware that One Nation Web Hosting uses a 3rd party credit card processor Goods and services provided by Professional Business Solutions of America (Indiana, USA). Sold by 2CheckOut.com Inc. (Ohio, USA).   

4. If you pay by e-check and it gets returned by the bank, paypal or 2checkout.com for ANY reason Professional . Business Solutions of America the parent company of One Nation Web Hosting will add a $35.00 return check fee to the balance due. You will be given 7 calendar days to bring the account current (including the return check fee) otherwise, you will be prosecuted to the fullest extent of the law.

5. Accounts that become more than 3 calendar days past due shall be assessed a $10.00 Late Payment/Reactivation fee on the 4th calendar day.

6. Cancellation of service requests must be submitted no less than 5 days before account billing date.  All cancellation request received less than 5 days before account billing date will be processed the following month and current charges will be billed to the customer on the billing date or will be held responsible for any chargeback fees incurred by Professional Business Solutions of America.

5. GENERAL

All customers agree to abide by the following general provisions:


1. All hosting services provided to the Customer by One Nation Web Hosting may only be used for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, 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 achieves", "Warez Sites", "IRC Bots", MP3" and "Adult content"

.

2. One Nation Web Hosting reserves the right, at its sole discretion, to deactivate the Customer's account(s) upon an indication of credit problems, including delinquent payments, and if portions of this TOS are, at the discretion of One Nation Web Hosting, being violated in any way.


3. All services provided by One Nation Web Hosting are provided on an "as is" basis. One Nation Web Hosting gives absolutely no warranty, expressed or implied, for any service(s) provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose. This expressly includes any reimbursement for losses of income due to disruption of service by One Nation Web Hosting or its providers that exceed the fees paid by the Customer.


4. Customer acknowledges that One Nation Web Hosting is not responsible for any damages arising from the Customer's use of any service(s) provided by One Nation Web Hosting or Customer's inability to use any service(s) for any reason.


5. Customer is solely responsible for backing up their content and or any files that reside on One Nation Web Hosting’s managed and/or owned servers. One Nation Web Hosting is not responsible in anyway for the content a customer hosts on One Nation Web Hosting servers, or for the reliability of the transmission of data across or through the One Nation Web Hosting network.


6. Customer hereby agrees that any material submitted for publication on One Nation Web Hosting managed and/or owned servers will not contain anything leading to an abusive or unethical use of the hosting service. Abusive and unethical materials and used include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, and any defamatory, harassing and harmful materials or uses. Customer hereby agrees to indemnify and hold harmless One Nation Web Hosting, its directors, officers and employees from any claim resulting from your publication of materials or your use of those materials. One Nation Web Hosting, at its sole discretion, may or may not give notice before deactivating the use of any account(s) that are determined to violate this TOS in anyway.


7. Due to the public nature of the Internet, all information should be considered generally accessible to the public and important or private information should be treated carefully. One Nation Web Hosting is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network One Nation Web Hosting or its customers may utilize.


8. One Nation Web Hosting maintains exclusive control and ownership of any and all I.P. Numbers and addresses that may be assigned to Customer and reserves in its sole discretion the right to change or remove any and all I.P. numbers and addresses.


9. Use of any information obtained via One Nation Web Hosting is at your own risk. One Nation Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services.


10. Use of other organizations' networks or computing resources is subject to their respective permission and usage policies.


11. If One Nation Web Hosting cancels Customer's account for any reason, Customer agrees not to reregister without One Nation Web Hosting 's written consent. In the event Customer reregisters without One Nation Web Hosting 's prior written consent, One Nation Web Hosting will cancel Customer 's account and all dues and fees paid to date will be forfeited regardless of whether service has been rendered. Additionally, any amounts owed in arrears will be made due and payable immediately.


12. One Nation Web Hosting requires that Customer is qualified to enter a legal contract. One Nation Web Hosting cannot accept payments from persons who are not at least eighteen (18) years of age. Customer will be held responsible for keeping all billing data for One Nation Web Hosting accurate and up to date. False data supplied for the contract between One Nation Web Hosting and Customer will be grounds for account termination.


13. The Customer agrees to defend, hold harmless, and expeditiously indemnify One Nation Web Hosting from any and all liability, claim, loss, damage or expense arising out of Customer's breach or violation of any covenant contained in this Policy, or resulting from the Customer's use of the service.


14. Customer agrees to waive and hold One Nation Web Hosting harmless from any claims relating to any action taken by One Nation Web Hosting as part of an investigation into a suspected violation of this Policy or as a result of its conclusion that a violation of this Policy has occurred. Therefore, Customer cannot sue or recover any damages whatsoever from One Nation Web Hosting as a result of the decision to remove material from its server, or to suspend or terminate a Customer 's account.


15. The web server is physically located in Florida, and the Customer may only access the server by means of the Internet, an interstate common carrier of information.


16. One Nation Web Hosting reserves the right to kill off CPU or any other resource intensive process, including but not limited to bandwidth, disk usage, etc…


17. One Nation Web Hosting has a strong corporate policy to respect and protect the privacy of its customers and their information that is stored on One Nation Web Hosting's Hosting Services. One Nation Web Hosting will only access and disclose information as necessary to comply with applicable laws and government requests, to provide One Nation Web Hosting Services, to operate or maintain its systems or to protect itself or its customers.


7. POLICY ENFORCEMENT

When One Nation Web Hosting becomes aware of any alleged violation of this TOS, One Nation Web Hosting will immediately initiate an investigation. One Nation Web Hosting , may at its own discretion anytime during an investigation, restrict a Customer's access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, One Nation Web Hosting may, at its sole discretion, restrict, suspend, or terminate a Customer's account and/or pursue other legal remedies. If such violation is a criminal offense, One Nation Web Hosting will promptly notify the appropriate law enforcement department of such violation.


8. COPYRIGHT INFRINGEMENT


1. Should One Nation Web Hosting become aware of any material posted by Customer that could be infringing on a third party's copyright, it will immediately initiate an investigation. If a claim is received by One Nation Web Hosting from a Complainant with the applicable copyright or trademark registration number; a copy of the underlying copyrighted work along with the Customer's materials; and, a good faith certification, signed under penalty of perjury, that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible, One Nation Web Hosting, at its sole discretion, may, at anytime, deny access to the challenged material of Customer.


2. One Nation Web Hosting will notify Customer of the copyright infringement allegation and will allow Customer to respond to the allegation(s).


3. One Nation Web Hosting shall have no liability, directly or indirectly, to Complaints or third parties for Customer's infringing copyrighted materials. Customer shall reimburse One Nation Web Hosting for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated therewith.


9. CONTENT


1. All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold One Nation Web Hosting and all associated brands and employees harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or any 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.


2. Examples of non-acceptable content or links:

Pirated software

Hackers' programs or archives

Warez Sites

IRC Bots

Adult content


3. We will be the sole arbiter as to what constitutes a violation of this provision.

10. One Nation Web Hosting at it's sole desecration reserves the right to refuse service to anyone with or without cause

11. REPORTING ABUSE OF THIS POLICY

Any party seeking to report any violations of this policy may send an e-mail to: abuse@pbsamerica.com

12. LEGAL

13. Customer agrees that should there be a legal dispute of any nature it shall be governed by the laws of the state of Indiana county of Allen

 

 
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