TERMS OF SERVICE
Use of Omega-Hosting Service constitutes acceptance and agreement to our TOS (Terms of Service). All service provisions are subject to the TOS (Terms of Service) of Omega-Hosting.
The TOS may be changed from time to time at the discretion of Omega-Hosting. The client understands that change to the TOS by Omega-Hosting shall not be grounds for non-payment.
Omega-Hosting agrees to provide the client with web hosting services for an annual fee. Omega-Hosting will never require clients to advertise for Omega-Hosting on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Omega-Hosting services for personal and/or business/commercial websites or content.
Content:
All services provided by Omega-Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is "adult only" content, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Omega-Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Content:
Omega-Hosting does not allow adult "xxx" related websites, pornography and sex-related content on its servers. Nor do we allow adult subscription or membership based "pay sites". This includes sexual content, or links to adult content hosted 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. Omega-Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Educational adult websites and adult e-commerce stores are allowed but due to such a fine line we recommend checking with Omega-Hosting support before hosting such websites. Omega-Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Some Examples of Unacceptable Content:
- Adult / Pornographic
- Hacking programs / Hacking Archives / Hacking Information
- Warez Sites
- Spam / Spamming Software
Distribution or Transmission of Obscene or Indecent Speech or Materials:
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through Omega-Hosting's Services may be subject to protection under United Kingdom (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Omega-Hosting Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Omega-Hosting Network. If you use a domain name in connection with the Omega-Hosting Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
SPAM and Unsolicited Email:
Omega-Hosting takes a zero tolerance approach to the sending of Unsolicited Email (SPAM). Very simply this means that Clients of Omega-Hosting may not use or permit others to use our service for sending SPAM Emails. Clients of Omega-Hosting may not host, or permit hosting of, sites or information that is advertised by SPAM from other services. Violations of this policy carry severe penalties, including termination of service.
If a customer is found to be in violation of our SPAM policy, Omega-Hosting may, at its sole discretion, restrict, suspend or terminate a customer's account. In addition, Omega-Hosting may impose a £100 penalty for each spam policy violation. Omega-Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, Omega-Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Scripting, Applications and Background-running Programs:
We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. We provide a hosting service not a shell service. You are not allowed to compile and run software on our hosting servers.
You are free to use any scripts (such as php, cgi or perl) you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, galleries, and banner exchanges. In the event a script affects normal server and/or administrative operations, Omega-Hosting reserves the right to disable the account pending client cooperation and resolution.
Network Security:
Customers may not use the Omega-Hosting Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Omega-Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Support Boundaries:
Omega-Hosting provides 24/7 technical support to its Clients.
Omega-Hosting limits technical support to its area of expertise, this is providing web hosting services and related features. Omega-Hosting does not offer support for application specific issues such as php programming, cgi programming, html, website design and development or any other such issue. Omega-Hosting does not provide technical support for YOUR Clients.
Any additional work you may require from Omega-Hosting staff which does not fall within usual support boundaries is charged at a rate of £50 GBP per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis. Examples of work beyond the boundaries of normal support include: site scripting problems, script installation, website design and development.
Payment:
Establishment of this service is dependant upon receipt by Omega-Hosting of payment of all stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup (yearly terms).
Service may be interrupted on accounts that fall overdue (such as a credit card being declined or expired). Omega-Hosting may, at its sole discretion, charge a fee of £15.00GBP to reinstate a suspended account.
When payment is declined from your chosen payment method we will send an email notification and retry payment the following day, this will occur 3 times over a 3-5 day period. After this period if we have not received payment or had notice from you that the due payment is in hand, your account will be suspended or terminated at the sole discretion of Omega-Hosting.
It is very important you keep your email address on file with us current by notifying us of email address changes via our support centre or contact us page. Failure to keep us updated with your current email address may mean important communications don’t reach you, resulting in suspension or termination of your hosting account.
A service charge, equal to the charge incurred by Omega-Hosting, will be charged to your account for each cheque or other form of payment that is returned to Omega-Hosting unpaid.
Domain Name Expiry and Redemption Fee's:
Omega-Hosting is not liable for expiry or loss of your domain name.
Free Domain offers:
All domains are registered under Omega-Hosting. The domain is free for the first two years untill the domain needs to be renewed. When this happens, you will be contacted via email.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause harm to a Omega-Hosting server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.
Refusal of Service:
Omega-Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of Omega-Hosting's TOS could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.
Privacy Policy
Omega-Hosting will in the normal course of its business collect personal information from clients and prospective clients, for the purposes of billing, customer service, provision of information, as well as other legitimate business reasons. It is the policy of Omega-Hosting to not disclose any personal information to third parties without prior consent of the individual. This information may be stored in a number of ways including electronic and paper formats.
Any person may request a copy of personal information pertaining to themselves, which shall be provided free of charge after reasonable proof of identity. Any personal information held on our systems will be deleted on request and after reasonable proof of identity
We may also store information about you using cookies which we can later access when you visit our websites at a later date. If you want to delete any cookies that are already on your computer, please refer to your system administrator who will be able to help you locate and remove these cookies. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Please note that taking either of these measures may prevent you accessing features offered from our sites.
As with most websites, when you visit one of our sites, we will log your IP address and time of access which may be used later for research or fault investigation processes.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Omega-Hosting (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Omega-Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Omega-Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Omega-Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Omega-Hosting to the amount paid for service.
Disclaimer:
Omega-Hosting will not be responsible for any damages your business may suffer. Omega-Hosting makes no warranties of any kind, expressed or implied for services we provide. Omega-Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Omega-Hosting and its employees. Omega-Hosting makes no "uptime" guarantees. The Client agrees that Omega-Hosting shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Omega-Hosting's liability for its own negligence is zero, and Omega-Hosting may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Omega-Hosting be liable for any special or consequential damages, loss of revenue or injury.
Omega-Hosting can accept no responsibility for any loss of data or consequences arising from this. Omega-Hosting always advises clients to back up their site data regularly for their own protection. Omega-Hosting does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.
Omega-Hosting furthermore expects that its customers who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws and this Omega-Hosting TOS. A reseller's client's failure to comply with those laws and our TOS will violate this policy.
If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with Omega-Hosting then Omega-Hosting will not be responsible for maintaining hosting for the resellers customers. Omega-Hosting has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.
All communications (emails, verbal or written) are between Omega-Hosting and the client. These communications are private and are therefore not to be shared with any other parties.
This agreement is made between the customer (as specified in the customer details section when placing your order) and Omega-Hosting. If you are purchasing hosting on behalf of another party please ensure you specify the account owners details in the customer details section. Omega-Hosting will only be able to communicate with regards to the account with the registered customer and not a third-party.
Finally, Omega-Hosting wishes to emphasize that in accepting services, customers indemnify Omega-Hosting for the violation of any law or Omega-Hosting policy that results in loss to Omega-Hosting or the bringing of any claim against Omega-Hosting. This means that if Omega-Hosting is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Omega-Hosting, plus costs and reasonable legal fees.
Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal. |