OS Web Hosting Terms of Service (TOS)
OS Web Hosting may modify its Acceptable Use Policies and Terms of Service upon notice published online via the OS Web Hosting forum. Customer's use of OS Web Hosting services after such notice shall constitute Customer's acceptance of the modifications to these policies Use of OS Web Hosting's Service constitutes acceptance and agreement to OS Web Hosting's AUP (Acceptable Use Policy) as well as OS Web Hosting's TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to OS Web Hosting, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of OS Web Hosting. All fees referenced are US dollars.
1. Acceptance of Contractual Agreement Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by OS Web Hosting, that you are agreeing to our TOS and AUP. No Modifications of said contract by customer is allowed.
2. OS Web Hosting will provide and Customer will purchase and pay for the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per TOS and AUP. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay OS Web Hosting any additional fees of $2.00 per any partial or full Gigabyte.
4. Payment: Establishment of this service is contingent upon receipt of payment from Customer to OS Web Hosting. Subsequent payments are due 30 days after the first payment and will continue every 30 days until cancelled by either party. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. In the event that your account is removed from the recurring database due to your card being declined three consecutive times, you will be charged a $10 setup fee to resetup your billing.
5. Payments and Fees: Payment is due on the defined monthly recurring billing date of each month. Bandwidth overage will be charged at the rate of $2.00 per GB and will only be added in full Gigabytes. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $35.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by OS Web Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
6. Delinquent Accounts: OS Web Hosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
7. Account Cancellation: All requests for canceling any service / services must be sent to Billing Dept at least 7 days prior to termination but not more than 60 days prior to termination. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 9PM EST Monday - Friday. OS Web Hosting also reserves the right to cancel any account at any time without prior written notice.
8. Refunds and Disputes: All payments to OS Web Hosting are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, will result in service interruption, and reconnection fees to restore the desired service.
9. OS Web Hosting will use its best efforts to maintain a full time Internet presence for our customers. The customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall OS Web Hosting be liable to the customer for any damages resulting from or related to any failure or delay of OS Web Hosting in providing access to the Internet under this Agreement. In no event shall OS Web Hosting be liable to the customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of OS Web Hosting under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the customer. The terms of this Section will survive any termination of this Agreement.
10.The OS Web Hosting affiliate program is only available to our hosting customers. If you terminate your hosting account at anytime, you will only be due any amount credited to your affiliate account that exceeds the minimum payout.
11. System backups. Backups of all customer data are soley the responsibility of the client. OS Web Hosting does full nightly backups, these are to be used for system restore only, and are not tested for individual account backup. Any other questions on this policy should be directed to Information
AUP - Acceptable Use Policy
All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS do not constitute grounds for early contract termination or nonpayment. Please check back regularly for any updates.
Use of OS Web Hosting's Service constitutes acceptance and agreement to OS Web Hosting's AUP (Acceptable Use Policy) as well as OS Web Hosting TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to OS Web Hosting or other OS Web Hosting related companies, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of OS Web Hosting.
All users of OS Web Hosting’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).
IMPORTANT NOTICE: *All Payments To OS Web Hosting Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we do regularly review information stored on our servers and may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. OS Web Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your OS Web Hosting account or other actions, as detailed below without notice, based upon the nature of the violation.
This document is intended to provide a basic understanding of OS Web Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of OS Web Hosting's AUP. If a OS Web Hosting account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
The following constitute violations of this AUP:
· Illegal Activities: OS Web Hosting.com's services may not be used for illegal purposes, or in support of illegal activities, or other content that OS Web Hosting deems inappropriate. OS Web Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. · Harm or Endangerment to other people: You may not use OS Web Hosting’s service to harm, or attempt to harm others in any way, including, but not limited to child pornography, or use OS Web Hosting’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
· Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
· Illegal content hosting is not permitted on any hosting packages provided by OS Web Hosting.
. Shell access is not permitted on our servers. Any script or application that is used to attempt to bypass this restriction is considered a violation of or AUP and will be grounds for immediate termination of your account.
. Resource Usage is monitored as a part of our regular activities. Any website/Account that we determine is using inappropriate amounts of resources will be suspended. We will contact the owner to allow the attempt to correct the problem. If the problem cannot be corrected we have the right to terminate your account.
. We expressly forbid our resellers from setting up Free Trial accounts. We also forbid the use of our resources to supply free hosting or free email services. These Free Trials and free accounts [subdomain or otherwise] open up the servers to severe abuse from hackers and spammers. If we find a reseller who is offerring Free Trial accounts, or free hosting, we will suspend that WHM account. There are no exceptions to this rule.
. Overselling. We do not allow overselling of your whm account. This is something that we do closely monitor. We expect overselling to be done within a reasonable manner and will suggest that an account be upgraded to a higher plan to reduce the amount oversold if we feel it is necessary.
· Unsolicited E-mail, News Bombing (SPAM) Use of the OS Web Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending OS Web Hosting account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network, and will be charged a fee of $200.00. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending OS Web Hosting account.
- Bulk Mail Policy. The combined total of all email sent via your account/mail lists must not exceed these figures:- No more than 50 pieces of email per minute are allowed. No more than 2000 pieces of email per 24 hour period, per cpanel account Are allowed.
· Copyright or trademark infringement: Use of the OS Web Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the OS Web Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
· Network disruptions: Use of the OS Web Hosting service for any activity which affects the ability of other people or systems to use OS Web Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. OS Web Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. OS Web Hosting does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the OS Web Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of OS Web Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending OS Web Hosting account is subject to immediate termination.
· Restricted File Types: Executable files are not permitted. This includes: .exe, .com, bat. Also the following programs are not permitted
Hackers programs or archives
Greymatter (all versions)
IRC Egg Drops & IRC related programs.(chat software)
Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives
Any site that would assist in transferring illegal or copyrighted software, including torrent sites.
Any script that uses & processes a massive number of flatfilesor large flat databases.
· Network Security: OS Web Hosting accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. It is the customers responsibility to keep any software or scripts that they have installed current and secure. If you are notified by OS Web Hosting or any of their agents that you have insecure software in your account, it is your responsibility to correct it within 12 hours of notification. Failure to do so may result in suspension or termination.
REPORTING VIOLATIONS OF OS Web Hosting AUP
OS Web Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at Abuse@OSWebHosting.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.
Any other questions on this policy should be directed to Information