Terms of Service | OSM Websites

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OSM Websites' Terms of Service

OSM Websites, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by OSM Websites, Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless OSM Websites, Inc., from any claims resulting from the subscriber's use of OSM Websites's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.
OSM Websites, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
 

Commercial Advertising - Email 

Spamming, i.e. the sending of unsolicited email, from any OSM Websites server or any server located on the OSM Websites network is STRICTLY prohibited. OSM Websites will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at OSM Websites.

Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by OSM Websites customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any OSM Websites Inc.-hosted domain, or referencing any OSM Websites account, is prohibited.

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.

Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.

Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse - Any attempts to undermine or cause harm to a OSM Websites server or subscriber of OSM Websites is strictly prohibited including, but not limited to:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  • Interfering with, intercepting or expropriating any system, data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
  • You will be held responsible for all actions performed by your account whether it be done by you or by others. 
  • All sub-networks of OSM Websites, Inc. and all dedicated servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees

As of August 11, 2004 all bandwidth listings for servers and shared accounts consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $2.00 per GB over.

Dedicated Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of OSM Websites, Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

$100/hour

Scheduled Maintenance and Downtime

OSM Websites will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond OSM Websites's control or which are not reasonably foreseeable by OSM Websites, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. OSM Websites will try to provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. OSM Websites has no responsibility for downtime resulting from a user's actions.
 

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given before the month in question begins. Setup fee is NON refundable. The domain registration fee will be deducted from the money refunded if the user's domain was registered via OSM Websites, Inc.'s free domain registration method.

Any violation of OSM Websites, Inc.'s Terms of Service Agreement shall result in no refund.
 

Account Setup, Termination, and Billing:

Contact information & Invoicing: OSM Websites sends all invoices and communications by electronic mail. OSM Websites does not accept responsibility for missed correspondence and/or invoices. It is the responsibility of the subscriber to keep their contact information up to date. This can be done either by calling our customer support number listed at osmwebsites.com, or by logging into our online customer portal at myhelportal.com.

 
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by OSM Websites, Inc.

Disabling of accounts due to overdue payment: Accounts may be disabled if payment is not received by the invoice due date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 45 days of the invoice due date, the account may be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. Logging into our online customer system and submitting a support ticket requesting cancellation is considered a valid proof of account ownership.
 

Domain Registrations and Renewals

OSM Websites resells domains through Enom.com and various other domain registrars . All domain registrations, renewals, and any other activities that relate to domain names shall be subject to the same user agreement available at http://www.enom.com/terms/agreement.aspx.
 

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. OSM Websites, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by OSM Websites, Inc. programming staff. (Cpanel is not associated with OSM Websites, Inc.)
 

Limitation of Damages

OSM Websites INC. does not guarantee the volume of site traffic or resulting business associated with this Web site. In no event will OSM Websites INC. or its sub-contractors be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate servers, shared accounts, Web pages or Web sites, even if OSM Websites INC. has been advised of the possibility of such damages.
 

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and OSM Websites, Inc.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by OSM Websites, Inc. administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.

Any violation of these Terms of Service will result in termination of the account. OSM Websites, Inc. maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.
 

Dispute Resolution

This agreement shall be governed by the laws of Ontario. In the event that a dispute arises between the Client and OSM Websites, any arbitration or court proceeding shall take place in Ontario, pursuant to the Arbitration Act, or, in an Ontario Court of competent jurisdiction.

“[OSM has] provided information, coordinated my training, addressed my fears and concerns and helped me to appreciate the importance and value of approaches recommended... I have very, very much appreciated [their] rapid responsiveness.. I could have gone anywhere in the world to get this work done and am proud that OSM has shown itself to be at pace and capability with the best anywhere. ”

Lyle Bunn - lylebunn.com

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