TERMS OF SERVICE AND PRIVACY STATEMENT
This Web Site Hosting Agreement ('Agreement') is
by and between Omega web hosting, Inc. and you, your heirs, assigns, agents and contractors
('You') and is effective upon electronic execution. This Agreement sets forth
the terms and conditions of Your use of Omega web hosting Web Site Hosting ('Web Hosting')
services and represents the entire agreement between You and Omega web hosting. By
using Omega web hosting's Web Hosting services, You acknowledge that You have read,
understand and agree to be bound by all the terms and conditions of this Agreement,
along with any new, different or additional terms, conditions or policies which
Omega web hosting may establish from time to time. By entering into this agreement,
in addition to transactions entered into by you on your behalf, you also agree
to be bound by the terms of this agreement for transactions entered into on your
behalf by anyone acting as your Agent. You also agree to be bound by the terms
of this agreement for transactions entered into by anyone who uses the account
you've established with Omega web hosting, whether or not the transactions were in
As consideration for the services purchased by
You and provided to You by Omega web hosting, You agree to pay Omega web
or yearly fees. Payment is to be made by You providing a valid credit card for
charge by Omega web hosting, and is NON-refundable after 30 days money-back gurantee period. All setup and domain name
registration fees are NON-refundable. If for any reason Omega web hosting
is unable to charge your credit card with the full amount of the service provided,
or if Omega web hosting is charged back for any fee it previously charged to the
credit card You provided, You agree that Omega web hosting may pursue all available
remedies in order to obtain payment
The term of this agreement shall continue in full force and effect as long as Omega web hosting is providing Web Hosting services to You.
You agree that Omega web hosting may modify this Agreement
from time to time. Omega web hosting may also discontinue services it provides under
this Agreement. You agree to be bound by any changes Omega web hosting may reasonably
make to this Agreement when such changes become effective.
Omega web hosting currently provides Web Hosting services
to its customers for a monthly or yearly fee. Omega web hosting will host Your web
site on Omega web hosting's Web Hosting servers, provided, however, You abide by
the terms and conditions set forth herein and in each of Omega web hosting's policies
You agree that You have provided accurate, current
and complete information in the application process and that You will notify
Omega web hosting within five (5) business days when any of the information You provided
as part of the application and/or registration process changes. Failure by You,
for whatever reason, to respond within five (5) business days to any inquiries
made by Omega web hosting to determine the validity of information provided by You,
will constitute a material breach of this Agreement.
Omega web hosting explicitly reserves the right and
sole discretion to:
2. Utilize the Services in connection with any
illegal activity. Without limiting the general application of this rule, Users
Utilize the Services to cause denial of service attacks against Omega web hosting or other network hosts or Internet users or to otherwise degrade or impair the operation of Omega web hosting's servers and facilities or the servers and facilities of other network hosts or Internet users;
Post messages or software programs that consume excessive CPU time or storage space;
Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
Utilize the Services to resell access to CGI scripts installed on Omega web hosting’s servers;
Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Omega web hosting systems, facilities or equipment;
Utilize the Services to gain unauthorized access to the computer networks of Omega web hosting or any other person;
Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services in any manner that might subject Omega web hosting to unfavorable regulatory action, subject Omega web hosting to any liability for any reason, or adversely affect Omega web hosting’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Omega web hosting in its sole discretion; or
Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
You agree to indemnify and hold harmless Omega web hosting for any complications arising out of Your use of Omega web hosting's Web Hosting services, including actions Omega web hosting chooses to take to remedy Your improper or illegal use of a web site hosted by Omega web hosting. You agree You will NOT be entitled to a refund of any fees paid to Omega web hosting if, for any reason, Omega web hosting takes corrective action with respect to Your improper or illegal use of its Web Hosting services
You agree that Omega web hosting's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by Omega web hosting to You under this Agreement, and for any breach of this Agreement by Omega web hosting, shall be limited to the fees You paid to Omega web hosting for Web Hosting services
You agree to release, defend, indemnify and hold harmless Omega web hosting and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with Omega web hosting and/or Your use of the Web Hosting services provided by Omega web hosting.
8. DISCLAIMER OF WARRANTIES.
Omega web hosting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect
You agree that all notices (except for notices concerning breach of this Agreement) from Omega web hosting to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with Omega web hosting. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Omega web hosting shall be made either by email, sent to the address we provide on our web site, or first class mail to our address
11. PRIVACY STATEMENT
Privacy is a very serious matter for
Omega web hosting. It is true
that in order to process your request, we must know basic contact information
such as your full name, address, e-mail address, and method of payment. All
required information is kept internally and is never shared with third parties.
We will never give, lease, sell or otherwise disclose your personal information.
The emails you supply will never be given to a third party and you will not
receive unsolicited emails as a result of selling the email lists.
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