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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