Acceptable
Use Policy, Billing Terms & Service Agreement
Terms
and Agreement of Services = TOS
Note: All users and client accounts are bound by this terms
of service.
Terms
and Agreement
OWLTECHNOLOGY.net. ("OWLTECHNOLOGY.net")
agrees to provide you ("User") with those services ("Service")
set forth on the Application subject to User's compliance
with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE
AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
OWLTECHNOLOGY.net exercises no control whatsoever
over the content of the information passing through OWLTECHNOLOGY.net'S
system. Use of any information obtained via OWLTECHNOLOGY.net
is at User's risk. Neither OWLTECHNOLOGY.net nor any of
its affiliates, its licensers, its contractors or their
respective employees warrant that the Service will be uninterrupted
or error free; nor does OWLTECHNOLOGY.net make any warranty
as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION
GIVEN BY OWLTECHNOLOGY.net, ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE
A WARRANTY. NEITHER OWLTECHNOLOGY.net NOR ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS,
WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OWLTECHNOLOGY.net,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR
RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT
RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE
THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF,
OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH
OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
IN THE EVENT OWLTECHNOLOGY.net IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, OWLTECHNOLOGY.net'S
LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S
SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service
or with any terms, conditions, rules, policies, guidelines
or practices of OWLTECHNOLOGY.net in operating the Service,
User's sole and exclusive remedy is to discontinue using
the Service.
Indemnification
Notwithstanding anything to the contrary herein
contained, User agrees to indemnify and hold OWLTECHNOLOGY.net,
its affiliates, its licensers, its contractors or their
respective employees harmless against any and all liability,
loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation) incurred
or suffered by OWLTECHNOLOGY.net, its licensers, its affiliates,
its contractors, or their respective employees as the result
of any and all use of User's account whether authorized
or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement
by User, including but not limited to claims, liabilities,
losses, damage, judgment and expense which arise out of
alleged injury or death of any person or damage to property
of every kind and description. User shall promptly notify
OWLTECHNOLOGY.net in writing of any claim of which it is
obligated under this indemnity. User shall have the right
to assume the defense of any such claim. User and OWLTECHNOLOGY.net
shall confer as to and agree on the legal counsel(s) to
be selected in any such defense.
Age Limit
User represents to OWLTECHNOLOGY.net that he or
she is 18 years of age or older. User understands that certain
materials available from Service provided under the terms
of this Agreement may not be suitable for individuals under
the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited
materials some of which are sexually explicit or may be
offensive. User accesses such materials at his or her own
risk. OWLTECHNOLOGY.net has no control over and accepts
no responsibility whatsoever for such materials.
Prohibited Uses User
may not:
restrict or inhibit any other user from using and
enjoying the Internet;
post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state,
national or international law, including without limitation
the U.S. export control laws and regulations;
post on webspace provided any sexually explicit
materials or materials that may be offensive.
post or transmit any information or software
which contains a virus, cancelbot, trojan horse, worm or
other harmful component;
post, publish, transmit, reproduce, distribute
or in any way exploit any information, software or other
material obtained through the Service for commercial purposes
(other than as expressly permitted by the provider of such
information, software or other material);
upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other
material obtained through the Service which is protected
by copyright, or other proprietary right, or derivative
works with respect thereto, without obtaining permission
of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce,
transmit or distribute in any way any component of the Service
itself or derivative works with respect thereto;
send unsolicited advertising or promotional
materials to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or
any form of auto-responds from User's account;
run or activate processes while User is
not logged in;
violate the security of any computer network,
crack passwords or security encryption codes, transfer or
store illegal material including that deemed threatening
or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system
tool intended to enforce the part-time and personal nature
of User's connection, including the use of pingbots and
other methods of avoiding timing disconnection (See section
titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and
policies of those networks and computer systems accessed
via User's account.
OWLTECHNOLOGY.net has no obligation to monitor
the Service. However, User agrees that OWLTECHNOLOGY.net
has the right to monitor the Service electronically from
time to time and to disclose any information as may be necessary
to satisfy any law, regulation or other governmental request,
to operate the Service properly, or to protect itself or
its subscribers. OWLTECHNOLOGY.net will not intentionally
monitor or disclose any private E-mail message unless required
by law. OWLTECHNOLOGY.net reserves the right to refuse to
post or to remove any information or materials, in whole
or in part, that, in its sole and absolute discretion, are
unacceptable, undesirable, or in violation of this Agreement.
OWLTECHNOLOGY.net reserves the right to suspend access to
the Service for User's account. The account's suspension
may be rescinded within the sole and absolute discretion
of OWLTECHNOLOGY.net following payment of a reconnection
charge, to be determined by OWLTECHNOLOGY.net in its sole
and absolute discretion.
Messaging
User agrees to limit their use of the OWLTECHNOLOGY.net
service, specifically regarding the use of OWLTECHNOLOGY.net's
electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email
server located throughout the Internet for the purposes
of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of
any email message where the return address, originator's
address, or any other identifiable aspect of the message
has been purposefully altered, is prohibited. User may not
purposefully misrepresent the origination information of
any email messages sent while using the OWLTECHNOLOGY.net
service.
Fraudulent Content
User agrees to be held responsible for the distribution
of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT
IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION
OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN
THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN
THE IMMEDIATE PENALTY OF $200. OWLTECHNOLOGY.net RESERVES
THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE
IN PAYMENT OF OWLTECHNOLOGY.net SERVICES, A ONE-TIME FEE
OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER
PRE-PAYS FOR THEIR OWLTECHNOLOGY.net SERVICE VIA CASH, CHECK,
OR MEANS OTHER THAN CREDIT CARD, OWLTECHNOLOGY.net RESERVES
THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME
FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES
TO THE IMMEDIATE TERMINATION OF OWLTECHNOLOGY.net SERVICES
FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Web Hosting Services
Although OWLTECHNOLOGY.net advertises "Unlimited
Bandwidth" in regards to some of its services there are
several limitations applied. The sole purpose of these limitations
are intended of unncessary use of OWLTECHNOLOGY.net services
by any such User, which restricts system availability for
other such Users. These limitations apply only to Hosting
offered by OWLTECHNOLOGY.net.
Restricted Content
You agree not to post any of the following restricted
contents: Illegal, Abusive or Unethical Activities include,
but are not limited to, pornography, obscenity, nudity,
violations of privacy, hacking, computer virus, gambling,
or promotion of gambling, and any harassing or harmful materials
or uses, as determined by us. You agree to indemnify and
hold us harmless from any claim resulting from your publications
or use of Illegal, Abusive or Unethical materials.
Bandwidth Restrictions (Also see sever
bandwidth below)
Although we advertise unlimited bandwidth, we reserve
the right to inform you that you must transfer your website
if an excessive amount of bandwidth is being used. If the
request is not met within 5 days, we do reserve the right
to remove the website from our system.
Limitation of Dial-Up Services
Although OWLTECHNOLOGY.net advertises "Unlimited
Access" in regards to some of it's Dial-Up services, there
are several limitations applied. The sole purpose of these
limitations are intended to limit the amount of unnecessary
use of OWLTECHNOLOGY.net services by any such User, which
restricts overall OWLTECHNOLOGY.net system availability
for other such Users. These limitations apply only to Dial-Up
access services offered by OWLTECHNOLOGY.net.
Idle Timeout
User agrees to have their online session automatically
terminated after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 500 bytes of data transferred
between User's modem and the OWLTECHNOLOGY.net service.
Maximum Single Session
User agrees to have an online session automatically
terminated after five (5) hours of consecutive time, regardless
of data transferred during such specific online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the OWLTECHNOLOGY.net
system for a time period of one (1) minute following the
termination of their previous online session, regardless
of the reason for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent
online session for each PPP/ISDN account purchased.
Starnet Access Restrictions
User agrees to not use the service as a dedicated
connection. The determination of what a dedicated connection
is shall be at the sole determination of OWLTECHNOLOGY.net.
Service is provided as an unlimited service provided that
you may not use the provided connection as a dedicated connection.
UU.net Access Restrictions
User agrees that for all UU.net locations, that
they will be limited to 150 hours of access per month. If
a customer exceeds the 150 hour limit, there account will
be temporarily disabled until the first of the next month.
Terms of Payment
A credit card User agrees to allow "OWLTECHNOLOGY.net"
to bill his or her card on each successive billing date
without obtaining User's permission after the initial charge.
A credit card User shall notify OWLTECHNOLOGY.net of any
changes in credit card number or expiration date. If the
card is not honored for any reason, OWLTECHNOLOGY.net will
attempt to notify the card holder by using the telephone
information given at sign-up or by E-mail. OWLTECHNOLOGY.net
will call the card holder, and if alternative billing has
not been established, the account will be terminated. Restoring
the account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates
are indicated on User's invoice. Dishonored checks are subject
to a collection fee to be determined by OWLTECHNOLOGY.net
in its sole and absolute discretion and User's account may
be suspended until the account is current. If payment is
not received , service will be terminated and a setup fee
of $10.00 will be added to charges for additional Service.
OWLTECHNOLOGY.net maintains the right to
terminate Service for any unpaid subscriptions. Accounts
in default are subject to an interest charge of 2.5% per
month on the outstanding balance. Termination of Service
shall not relieve User from the obligation to satisfy outstanding
invoices. In the event OWLTECHNOLOGY.net utilizes an attorney
to collect any unpaid amounts, User shall be responsible
for the payment of all of OWLTECHNOLOGY.net'S attorneys'
fees and costs in the collection of these sums.
OWLTECHNOLOGY.net reserves the right to
change prices at any time without prior notice to it's customers
or the public. Price changes will not be retroactive for
existing customers, regardless of the length of their existing
service subscription.
Right to Cancel
OWLTECHNOLOGY.net reserves the right to cancel Service
for any reason without prior notice. Pre-paid service is
non-refundable. OWLTECHNOLOGY.net will not refund any shipping
or handling fees. Cancellations after the first of the month
will be charged for that month. User must notify OWLTECHNOLOGY.net
via telephone or in writing to cancel Service. Cancellations
shall not be honored by electronic mail. Fees for any setup,
shipping and handling, and monthly service charges placed
by OWLTECHNOLOGY.net are non-refundable.
No Confidentiality
Information transmitted through OWLTECHNOLOGY.net
and through the Internet in general is not confidential.
OWLTECHNOLOGY.net can not and shall not guarantee privacy
or protection of any User. OWLTECHNOLOGY.net reserves the
right to monitor any User's transmissions when deemed necessary
for providing proper service and/or to protect the rights
and property of OWLTECHNOLOGY.net.
Customer Information
Unless required by court order, subpoena or other
legal request, or upon the advice of counsel, "Your Company
Name" may publish User's name and other consumer information
in one or more directories which may be accessed by other
Internet users. In addition, unless User notifies "Your
Company Name" to the contrary as provided above, "Your Company
Name" may make such information available to third parties
from time to time. User understands further that merchants
on the Internet may have access to such information and
may make it available to third parties in accordance with
their normal practices unless User notifies those merchants
directly that User does not wish such information to be
made available.
Non-transferable
The right to use the Service is not transferable. Accounts
are for User's use only. User shall be responsible for the
confidentiality of User's password. Loaning User's account
to others, connecting a system used by multiple persons,
group use of user log-ins, and consuming more than one modem
line are explicitly prohibited. If User has multiple accounts,
then User shall be limited to one log-in session per system
account at any time. Violation of those terms shall constitute
theft of Service and may be prosecuted under civil and criminal
law.
Purchases on the Service
If User wishes to make purchases on the Service,
User may be asked by the merchant or information or service
provider from whom User is making the purchase to supply
certain information, including credit card or other payment
mechanism information. User agrees that all information
User may provide any merchant or information or service
provider on the Service for purposes of making purchases
shall be accurate, complete and current. The merchants and
information and service providers offering merchandise,
information and services on the Service set their own prices
and may change prices or institute new prices at any time.
User agrees to pay all charges incurred by users of User's
account and credit card or other payment mechanism at the
prices in effect when such charges are incurred. User shall
also be responsible for paying any applicable taxes relating
to purchases on the Service.
No System Backup
OWLTECHNOLOGY.net does not and will not perform
system backups on any User's E-mail account(s). OWLTECHNOLOGY.net
shall not be held responsible for any lost E-mail data,
email attachments, or any E-mail message contents, regardless
of the reasoning for data loss or system causes. Except
as otherwise set forth herein, OWLTECHNOLOGY.net will not
provide historical data, to any party for any reason, regarding
any system or Internet activity.
OWLTECHNOLOGY.net does not and will not
perform system backups on any web sites. OWLTECHNOLOGY.net
shall not be held responsible for any lost web data, web
files, or any website contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set
forth herein, OWLTECHNOLOGY.net will not provide historical
data, to any party for any reason, regarding any system
or Internet activity.
Failure to Comply With Terms and Conditions
OWLTECHNOLOGY.net may deny User access to all or
part of the Service without notice if User engages in any
conduct or activities that OWLTECHNOLOGY.net in its sole
discretion believes violates any of the terms and conditions
in this Agreement. If OWLTECHNOLOGY.net denies User access
to the Service because of such a violation, User shall not
have the right (1) to access through OWLTECHNOLOGY.net any
materials stored on the Internet, (2) to obtain any credit(s)
otherwise due to User, and such credit(s) shall be forfeited,
(3) to access third party services, merchandise or information
on the Internet through OWLTECHNOLOGY.net, and OWLTECHNOLOGY.net
shall have no responsibility to notify any third-party providers
of services, merchandise or information nor any responsibility
for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when
actually making use of same, and to disconnect when idle
for significant periods of time (more than 10 minutes).
User also agrees to not remain connected to OWLTECHNOLOGY.net's
system for periods exceeding (5) five hours, in any single
continuous session. User authorizes OWLTECHNOLOGY.net to
enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify OWLTECHNOLOGY.net
if User moves or otherwise changes his or her mailing address
or phone number, and to list a truthful name, postal address
and telephone number on the forms User supplies to OWLTECHNOLOGY.net.
In the event that any portion of this Agreement
is held to be unenforceable, the unenforceable portion shall
be construed in accordance with applicable law as nearly
as possible to reflect the original intentions of the parties
and the remainder of the provisions shall remain in full
force and effect.
OWLTECHNOLOGY.net'S failure to insist upon
or enforce strict performance of any provisions of this
Agreement shall not be construed as a waiver of any provision
or right. neither the course of conduct between parties
nor trade practice shall act to modify any provision of
this Agreement.
OWLTECHNOLOGY.net may modify this Agreement
from time to time by placing a notice of such modification
on our website, and User's continued use of the Service
following notice of such modification shall be deemed to
be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine
whether this Agreement has been modified. If User does not
agree to any modification of this Agreement, User must immediately
stop using the Service.
This Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois
without regard to its conflicts of law provisions. Any cause
of action User may have with respect to the Service must
be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
OWLTECHNOLOGY.net shall not be liable or
deemed to be in default for any delay or failure in performance
under this Agreement or interruption of service resulting
directly or indirectly from acts of God, civil or military
authority, acts of public enemy, war, riots, civil disturbances,
insurrections, accidents, dire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages
of suitable parts, materials, labor or transportation or
any cause beyond the reasonable control of OWLTECHNOLOGY.net.
Venue for litigation of any dispute, controversy,
or claim arising out of, in connection with, or in relation
to this Agreement, or the breach thereof, naming OWLTECHNOLOGY.net
as the defendant, shall be proper only in a venue determined
by OWLTECHNOLOGY.net.
In any action between OWLTECHNOLOGY.net
and User to enforce any of the terms of this Agreement,
OWLTECHNOLOGY.net shall be entitled to recover expenses,
including reasonable attorney's fees.
Posting Services
OWLTECHNOLOGY.net will not be held responsible for anyone
using any posting or messaing services on OWLTECHNOLOGY.net.
You will be using all services at your own risk. Any problems
that may occur such as fraudent, hacking, threatening, etc.
by others will be the users problem to resolve the matter.
OWLTECHNOLOGY.net will not disclose any information of the
wrongful party unless it is a major crime commited, and
will be given to the proper authorities.
Site Creation
At all times OWLTECHNOLOGY.net
will not be responsible for any errors or incompatibility
of a web site creation. Once your site is created and OWLTECHNOLOGY.net
informs you that your site completed, any changes there
after will be charged accordingly to OWLTECHNOLOGY.net rates.
If terminating your site with OWLTECHNOLOGY.net, Your site
will be non-transferable to any other web site(s) or hosting
service, and to be removed from other hosting services.
We at OWLTECHNOLOGY.net will create Basic web pages (10
pages and under). Any graphical pages, you will have to
go to a professional graphical service. Scripts will be
added if it is not time consuming. We will try our best
to service your needs. Advanced scripts will be an additional
charge.
Sub Sites
All sub site(s) within OWLTECHNOLOGY.net will be using this
terms and agreement, unless stated on the sub sites page.
Add on's or other terms and agreement may be posted on sub
site(s) services/programs. So, in simple terms You will
still be bound to this terms and agreement anywhere on OWLTECHNOLOGY.net
and sub site(s).
Server Bandwidth
About the "Unlimited Data Transfer" feature We reserve
the right to charge in addition to when a burstable rate
and/or session limits on web sites with extreme usage, at
our sole discretion. Extreme usage is defined as usage that
incurs bandwidth usage costs over the course of a month
greater than the monthly service fee charged to the customer
for the service being rate limited or usage that overloads
the server. For this reason, more expensive accounts receive
higher priority if there is congestion on the network. In
practice, less than 1% of web sites we host require a rate
or session limit of any kind.
Unauthorized Bandwidth
If any terms of service violation is found, bandwidth
used while breaking the TOS agreement shall be billed at
$20 per GB. 1 GB minimum. This includes but is not limited
to illegal transfers of MP3's, illegal data, adult material
without prior permission, and software that you may or may
not have the rights to. This charge will be for ALL bandwidth
the site incurred, not just the transfer of files.
Unlimited Feature
Although we offer some of our packages with unlimited
space , bandwidth, E-Mail accounts, Unlimited POP3 Mailboxes,
Unlimited Autoresponders, Unlimited E-mail Forwarding, Unlimited
FTP Access, etc. This means you have no restriction unless
you abuse the unlimited services.
Email Usage
If you are using your email for spamming, your email account
will be deleted. If you are also subscribing to a lot of
email spamming/advertising/subscription services/opti's/groups/
etc. If this does get to excessive, you will be charged
bandwidth usage per month. Cost may range from $10.00 and
up. Warning: do not abuse your account.
Site Down Time,
At anytime if your web site(s) hosting service does go down,
OWLTECHNOLOGY.net will not be held responsible for any down
time or data loss. Make back up's
Web Designs, if purchasing web designing
on OWLTECHNOLOGY.net, we will own all graphics and design
formats and it will be the property of OWLTECHNOLOGY.net.
If later you wish to terminate your account with OWLTECHNOLOGY.net,
all web site contents are not be copied or transferred/used
elsewhere without consent from OWLTECHNOLOGY.net.
Refunds,
All sales are final and no refunds are given in any circumstances.
Refund may be given if OWLTECHNOLOGY.net staff wishes to
give a refund.
Support,
Tech support will try to be given as best as possible.
As in some cases, we will not be able to give tech support
in some complicated, software, connection, etc. An agreement
of limited tech support is given.
Illegality
In any form, including but not limited to the unauthorized
distribution or copying of copyrighted software or other
data, harassment, fraud, trafficking in obscene material.
Undesirable Content
Certain types of content are not allowed on our network.
We do not host adult content of any description. Content
relating to Gambling, Sportsbook sites, Usenet, Hacking,
Cracking, Warez and IRC is not allowed. Software downloads
may only be hosted if you are the writer and copyright owner
of the software, all other software including freeware,
shareware and trial software is forbidden. Audio, video
and MPEG's are not tolerated.Any site caught on our servers
that has such materials, will have thier account deleted
immediately without warning.
Bulk Email
The use of our network to send bulk email whether opt-in
or otherwise, and the use of bulk email to promote a site
on our network is strictly forbidden.
Telnet/Shell Access
We do not in any way provide any type of shell access. All
items that shell access is needed for can be handled by
modern ftp software and the control panel.
Misuse Of Resources
Including but not limited to employing applications which
consume excessive CPU time. Chat/IRC, web proxy and mailing
list scripts are not allowed on our network under any circumstances.
Streaming media can be a drain on web server resources and
as such is not allowed. CGI based message forums are often
found to use excessive system resources and are not allowed,
to avoid problems please use a PHP/ASP message forum.
Script Usage
We do not give support on any scripting programs
and files. .CGI, .PL, .PHP, Data Bases, etc. Files are your
own problems to solve. No scripts are allowed
that take up heavy resources (irc, chats, cgi message
boards)
Affiliates
Affiliates and their clients will be bound to this terms
and agreement (TOS). OWLTECHNOLOGY.net will not be held
responsible for any server or data loss. It will be the
affiliates responsibility to handle any disputes with
their clients. OWLTECHNOLOGY.net will have no involvement
in affiliates clients. Affiliates are responsible to monitor
their clients and to make sure they follow OWLTECHNOLOGY.net's
TOS.
Resellers and Dedicated Accounts
All reseller accounts will be bound by this contract. Resellers
who violate TOS directly will have their account terminated.
Resellers accounts terminated will loose all data and no
second chances or time to back up. Account will be canceled
and deleted. Resellers and their clients will be bound by
this TOS an resellers are to display TOS on their site as
well as all clients under them.
Reseller Refunds
There will absolutely be no refunds on payment already made
for services, either it's monthly or yearly payment plan,
no refunds. Cancellation of account must be done a month
prior of up coming payment. Canceling any later, reseller
will pay late cancellation charges.
Background
From time to time OWLTECHNOLOGY.net Managed Hosting
may impose reasonable rules and regulations regarding the
use of its services. Such rules and regulations are called
Acceptable Use Policies (AUPs) and are posted on the Internet
at http://www.OWLTECHNOLOGY.net/terms&agree.htm The
AUPs are not exhaustive and OWLTECHNOLOGY.net reserves the
right to modify the AUPs at any time, effective upon either
the posting of the modified AUPs to http://www.OWLTECHNOLOGY.net/terms&agree.htm
or notification of the modified AUPs. By registering for
and using the services, and thereby accepting the terms
and conditions of the Master Services Agreement or its equivalent,
you agree to abide by the AUPs as modified from time to
time. Any violation of the AUPs may result in the suspension
or termination of your account or such other action as OWLTECHNOLOGY.net
deems appropriate. An unlisted activity may also be a violation
of the AUPs if it is illegal, irresponsible, or disruptive
use of the Internet. No credits will be issued for any interruption
in service resulting from policy violations.
VIOLATION OF ANY AUP IS STRICTLY PROHIBITED
AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION
OF THE SERVICES YOU RECEIVE FROM OWLTECHNOLOGY.net. YOU
SHALL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE
OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY,
UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES.
"CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL,
WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS
OWLTECHNOLOGY.net's POLICY TO TERMINATE REPEAT INFRINGERS.
OWLTECHNOLOGY.net RESERVES THE RIGHT TO REFUSE SERVICE TO
ANYONE AT ANY TIME.
Customer Security Responsibilities
The customer is solely responsible for any breaches
of security affecting servers under customer control. If
a customer's server is involved in an attack on another
server or system, it will be shut down and an immediate
investigation will be launched to determine the cause/source
of the attack. In such event, the customer is responsible
for the cost to rectify any damage done to the customer's
server and any other requirement affected by the security
breach. The labor used to rectify any such damage is categorized
as emergency security breach recovery and is currently charged
at $350 USD per hour.
System And Network Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability. OWLTECHNOLOGY.net
may investigate incidents involving such violations and
may involve and will cooperate with law enforcement if a
criminal violation is suspected. Examples of system or network
security violations include, without limitation, the following:
Unauthorized access to or use of data, systems
or networks, including any attempt to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without express authorization
of the owner of the system or network.
Unauthorized monitoring of data or traffic
on any network or system without express authorization of
the owner of the system or network.
Interference with service to any user, host
or network including, without limitation, mailbombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any
part of the header information in an e-mail or a newsgroup
posting.
Violators of the policy are responsible,
without limitations, for the cost of labor to clean up and
correct any damage done to the operation of the network
and business operations supported by the network, and to
respond to complaints incurred by OWLTECHNOLOGY.net. Such
labor is categorized as emergency security breach recovery
and is currently charged at $350 USD per hour required.
OWLTECHNOLOGY.net is concerned with the privacy of online
communications and web sites. In general, the Internet is
neither more nor less secure than other means of communication,
including mail, facsimile, and voice telephone service,
all of which can be intercepted and otherwise compromised.
As a matter of prudence, however, OWLTECHNOLOGY.net urges
its customers to assume that all of their online communications
are insecure. OWLTECHNOLOGY.net cannot take responsibility
for the security of information transmitted over OWLTECHNOLOGY.net's
facilities.
Password Protection
The customer is responsible for protecting customer's
password and for any authorized or unauthorized use made
of customer's password. The customer will not use or permit
anyone to use OWLTECHNOLOGY.net's service to guess passwords
or to access other systems or networks without authorization.
OWLTECHNOLOGY.net will fully cooperate with law enforcement
authorities in the detection and prosecution of illegal
activity.
Copyright Infringement - Software
Piracy Policy
The OWLTECHNOLOGY.net network may only be used for lawful
purposes. Transmission, distribution, or storage of any
information, data or material in violation of United States
or state regulation or law, or by the common law, is prohibited.
This includes, but is not limited to, material protected
by copyright, trademark, trade secret, or other intellectual
property rights.
Making unauthorized copies of software is
a violation of the law, no matter how many copies you are
making. If you copy, distribute or install the software
in ways that the license does not allow, you are violating
federal copyright law. If caught with pirated software,
you or your company may be liable under both civil and criminal
law, and you may be fined up to $250,000 and/or receive
up to 5 years in jail.
In compliance with the Digital Millenium
Copyright Act (the "DMCA"), please send DMCA notifications
of claimed copyright infringements to: OWLTECHNOLOGY.net,
abuse@owltechnology.net
OWLTECHNOLOGY.net will cooperate fully with
any civil and/or criminal litigation arising from the violation
of this policy.
Network Responsibility
Customers have a responsibility to use the OWLTECHNOLOGY.net
network responsibly. This includes respecting the other
customers of OWLTECHNOLOGY.net. OWLTECHNOLOGY.net reserves
the right to suspend and or cancel service with any Customer
who uses the OWLTECHNOLOGY.net network in such a way that
adversely affects other OWLTECHNOLOGY.net customers. This
includes but is not limited to:
Attacking or attempting to gain unauthorized access to servers
and services that belong to OWLTECHNOLOGY.net or its customers
(i.e. computer hacking), and/or
Participating in behavior which result in
reprisals that adversely effect the OWLTECHNOLOGY.net network
or other customers' access to the OWLTECHNOLOGY.net network.
OWLTECHNOLOGY.net will react strongly to any use or attempted
use of an Internet account or computer without the owner's
authorization. Such attempts include, but are not limited
to, "Internet Scanning" (tricking other people
into releasing their passwords), password robbery, security
hole scanning, port scanning, etc. Any unauthorized use
of accounts or computers by a OWLTECHNOLOGY.net customer,
whether or not the attacked account or computer belongs
to OWLTECHNOLOGY.net, will result in severe action taken
against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal
legal action, depending on the seriousness of the attack.
Any attempt to undermine or cause harm to a server, or customer,
of OWLTECHNOLOGY.net is strictly prohibited.
Violations of this policy may be reported
directly to the FBI's Infrastructure Protection & Computer
Intrusion Squad at http://www.fbi.gov/programs/ipcis/ipcis.htm.
OWLTECHNOLOGY.net will cooperate fully with any civil and/or
criminal litigation arising from the violation of this policy.
Lawful Purpose
All services may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material
in violation of any applicable law, regulation, or AUP is
prohibited. This includes, but is not limited to: copyrighted
material or material protected by trade secret and other
statute or dissemination of harmful or fraudulent content.
Using any OWLTECHNOLOGY.net service or product
for the purpose of participating in any activity dealing
with subject matters that are prohibited under applicable
law is prohibited.
Any conduct that constitutes harassment,
fraud, stalking, abuse, or a violation of federal export
restriction in connection with use of OWLTECHNOLOGY.net
services or products is prohibited. Using the OWLTECHNOLOGY.net
network to solicit the performance of any illegal activity
is also prohibited, even if the activity itself is not performed.
In addition, knowingly receiving or downloading a file that
cannot be legally distributed, even without the act of distribution,
is prohibited.
Servers hosted within OWLTECHNOLOGY.net
network are open to the public. You are solely responsible
for your usage of the OWLTECHNOLOGY.net network and servers
and any statement you make on servers hosted within the
OWLTECHNOLOGY.net network may be deemed "publication"
of the information entered. Acknowledging the foregoing,
you specifically agree not to use our service in any manner
that is illegal or libelous.
Child Pornography on the Internet
OWLTECHNOLOGY.net will cooperate fully with any criminal
investigation into a Customer's violation of the Child Protection
Act of 1984 concerning child pornography. Customers are
ultimately responsible for the actions of their clients
over the OWLTECHNOLOGY.net network, and will be liable for
illegal material posted by their clients.
According to the Child Protection Act, child
pornography includes photographs, films, video or any other
type of visual presentation that shows a person who is or
is depicted as being under the age of eighteen years and
is engaged in or is depicted as engaged in explicit sexual
activity, or the dominant characteristic of which is the
depiction, for a sexual purpose, of a sexual organ or the
anal region of a person under the age of eighteen years
or any written material or visual representation that advocates
or counsels sexual activity with a person under the age
of eighteen years.
Violations of the Child Protection Act may
be reported to the U.S. Customs Agency at 1-800-BEALERT
Unsolicited Commercial Email/Unsolicited
Bulk Email (UCE/UBE)
Unsolicited commercial email (UCE) is defined by OWLTECHNOLOGY.net
as any electronic communication (e-mail, ICQ, IRC, Instant
Messenger, etc…) sent for purposes of distributing
commercial information of any kind, soliciting the purchase
or sale of products or services or soliciting any transfer
of funds to a recipient who has not agreed to receive such
communication.
Unsolicited bulk e-mail (UBE) is defined
by OWLTECHNOLOGY.net as any electronic communication (e-mail,
ICQ, IRC, Instant Messenger, etc…) to multiple recipients
who have not agreed to receive such communication.
Use of the OWLTECHNOLOGY.net network, servers
or services to transmit any unsolicited commercial or unsolicited
bulk-e-mail is expressly prohibited, as is hosting web sites
or services on a server which are advertised in any UCE/UBE.
OWLTECHNOLOGY.net also prohibits the sending of any fraudulent,
malicious, harassing, false or misleading electronic communications,
including, without limitation, chain letters, pyramid schemes,
or e-mails with forged headers. Posting off-topic advertisements
to Usenet discussion groups, ICQ, Instant Messenger, etc.,
is also expressly prohibited. Additionally, OWLTECHNOLOGY.net
customers are expressly prohibited from sending any UCE/UBE
from our network or any email from another network that
in any way references a document, image, or Web site that
resides on the OWLTECHNOLOGY.net network or in one of our
data centers. Violations of this type may result in the
termination of the offending OWLTECHNOLOGY.net account.
Our customers are ultimately responsible for any violations
of the AUP by their clients, and any violation of the AUP
by a client of a OWLTECHNOLOGY.net customer shall be deemed
a violation of the AUP by such OWLTECHNOLOGY.net customer.
Customers whose actions directly or indirectly
result in OWLTECHNOLOGY.net IP space being listed in any
of the various abuse databases may be subject to having
the offending domain(s), server(s), or user(s) immediately
removed from our network. In addition, if OWLTECHNOLOGY.net
in its sole discretion determines that a customer is in
violation of our AUP, OWLTECHNOLOGY.net may, at its sole
discretion, restrict, suspend or terminate a customer's
account. OWLTECHNOLOGY.net will, in most cases, attempt
to contact a customer prior to suspension or termination
of a server(s), but can not guarantee prior notification.
Any server suspended or terminated for AUP violations will
be reconnected only after the customer agrees to cease all
activities that violate the OWLTECHNOLOGY.net AUP and pays
all applicable reconnect fees and related charges. Any server
suspended a second time for AUP violations WILL be immediately
and permanently removed from our network.
Customers that OWLTECHNOLOGY.net determines
in its sole discretion to be in violation of the OWLTECHNOLOGY.net
AUP may be subject to additional fees or fines including,
without limitation, any applicable reconnect fees. Server
cleanup fee for spam starts at $250.
Violation of OWLTECHNOLOGY.net's UCE/UBE
policy may be reported to abuse@owltechnology.net.
Customers seeking to send any permission-based
email marketing should read Guidelines for Permission-Based
Email to see our guidelines for sending this type of communication.
Guidelines for Permission-Based Email
While OWLTECHNOLOGY.net prohibits the use of its systems
or network to send unsolicited email (UCE/UBE) as described
above, customers may send permission-based email marketing,
subject to the guidelines provided herein. Permission-based
marketing is defined as electronic marketing that an end
user agrees to receive. This is often referred to as 'opt-in'
electronic marketing. All recipient information for such
marketing conducted by OWLTECHNOLOGY.net customers must
be documented and cataloged by the customer. This information
is to include date, time, originating IP and the location
from which the email address or other recipient information
was obtained. Additionally, a customer must at a minimum
comply with the following guidelines, and any additional
guidelines established by OWLTECHNOLOGY.net from time to
time in its sole discretion, to engage in permission-based
email marketing without violating the AUP:
1. All commercial or bulk email originating
from a OWLTECHNOLOGY.net customer on the OWLTECHNOLOGY.net
network must have a working unsubscribe link. The customer
must honor all requests to unsubscribe within 72 hours.
Additionally, there must be text in the email stating that
while all requests to unsubscribe are honored, it may take
up to 72 hours to process.
2. All commercial or bulk email originating
from a OWLTECHNOLOGY.net customer on the OWLTECHNOLOGY.net
network must clearly list the email address to which the
email was originally sent (the intended recipient's email
address) in the body of the message OR in the 'TO:' line
of the email.
3. All OWLTECHNOLOGY.net customers sending
commercial or bulk email must have a working abuse@domain.com
address from EVERY domain associated with the email campaign.
Additionally, the abuse@ address must be prominently posted
on the front page of the associated web site. Customers
must regularly answer any messages sent to the abuse@ address.
4. All OWLTECHNOLOGY.net customers sending
commercial or bulk email must register the abuse@ address
for every domain associated with commercial email they send
at abuse.net.
5. All OWLTECHNOLOGY.net customers sending
commercial or bulk email must have a Privacy Policy/AUP
posted for each domain associated with the email campaign.
6. All commercial or bulk email sent must
include information about where the email address was obtained
in the body of the email. For example:
"You opted-in to receive this email promotion from
our web site or from one of our partner sites."
7. All OWLTECHNOLOGY.net customers sending
commercial or bulk email must answer all complainants' requests
for details regarding where the complainant "opted-in"
to receive electronic marketing within 72 hours. This information
must include the date, time, originating IP and the location
from which the email address or other recipient information
was obtained. Instructions on how to get this information
must be stated clearly in the body of the email. For example,
a statement similar to the following must be present in
the body of the email:
"If you would like to learn more about how we received
your email address, please contact us at abuse@owltechnology.net."
Requests for "opt-in" information
must be responded to within 72 hours.
8. All OWLTECHNOLOGY.net customers sending
commercial or bulk email must be able to track and identify
SpamCop complainants. There are several software packages
(such as RoboMail) that can help accomplish this.
9. If a OWLTECHNOLOGY.net customer is using
an affiliate program to send commercial or bulk email through
the OWLTECHNOLOGY.net network and the affiliate program
becomes subject to repeated abuse by users, the customer
must discontinue use of the affiliate program or be subject
to immediate suspension or cancellation.
10. All customers of OWLTECHNOLOGY.net are
required to have up-to-date and valid contact information
on file with their registrar for any domain hosted on the
OWLTECHNOLOGY.net network.
Disclaimer
· OWLTECHNOLOGY.net reserves the right to test
portions of any customer's email list and request opt-in
information from a random sample of that list at any time.
· OWLTECHNOLOGY.net reserves the right to determine
in its sole discretion the validity of any customer's email
list. Any list OWLTECHNOLOGY.net determines in its sole
discretion to be in violation of this AUP must be removed
immediately or the customer will be subject to immediate
suspension or termination. Repeated violations will result
in permanent suspension.
· OWLTECHNOLOGY.net reserves the right to test and
otherwise monitor customer's compliance with the above guidelines
and requirements at any time during the customer's term
of service at OWLTECHNOLOGY.net.
· If OWLTECHNOLOGY.net determines in its sole discretion
that the customer is not in strict compliance with the guidelines
for permission-based e-mail marketing, then OWLTECHNOLOGY.net
may immediately suspend or terminate the customer's service.
IP Address Overlap
OWLTECHNOLOGY.net administers the network on which customer
servers reside. The customer cannot use IP addresses which
were not assigned to them by OWLTECHNOLOGY.net staff. Any
server found using IPs which were not officially assigned
will be suspended from network access until such time as
the IP addresses overlap can be corrected.
Billing
The customer understands that the customer is responsible
for paying for any network resources that are used to connect
the customer's server to the Internet. The customer may
request that the customer's server be disconnected from
the Internet, but the customer will still be responsible
for paying for any network resources used up to the point
of suspension or cancellation. It is the clients responsibility
to monitor CPU, Disk, and bandwidth usage. Any customer
who goes over their alloted amount will be billed immediately
for the amount of service used. Monthly billing occurs on
the 1st and 15th of the month. Account additions and/or
overage will be billed immediately.
Suspension
If OWLTECHNOLOGY.net in its sole discretion determines
that a customer's server has become the source or target
of any violation concerning the OWLTECHNOLOGY.net Acceptable
Use Policy (AUP), OWLTECHNOLOGY.net reserves the right to
suspend network access to that server. While OWLTECHNOLOGY.net
will attempt to contact the customer before suspending network
access to the customer's server(s), prior notification to
the customer is not assured. In certain cases, OWLTECHNOLOGY.net
will contact law enforcement and other agencies regarding
these activities. Customers are responsible for all charges,
as well as any fees relating to the investigation, suspension,
administration and handling of their servers before, during
and after the suspension period.
Cancellation
OWLTECHNOLOGY.net reserves the right to cancel service
at any time. If inappropriate activity is detected, all
accounts of the customer in question will be deactivated
until an investigation is complete. Prior notification to
the Customer is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. Any violation
of policies which results in extra costs will be billed
to the customer (i.e. transfer, space etc.). Any cancellations
due to a TOS contract violation will result in an immediate
loss of any refund for services paid for. You may also be
immediately billed for unauthorized bandwidth fees. Please
see that section of this document for more information.
Indemnification
OWLTECHNOLOGY.net wishes to emphasize that in signing
the Master Services Agreement or its equivalent, customer
indemnifies OWLTECHNOLOGY.net for any violation of the Master
Services Agreement or its equivalent, law or AUP that results
in loss to OWLTECHNOLOGY.net or the bringing of any claim
against OWLTECHNOLOGY.net by any third-party. This means
that if OWLTECHNOLOGY.net is sued because of a customer's
or a customer of a customer's activity, the customer will
pay any damages awarded against OWLTECHNOLOGY.net, plus
costs and reasonable attorney's fees.
Disclaimer of Responsibility
OWLTECHNOLOGY.net is under no duty to look at each customer's
or user's activities to determine if a violation of the
AUPs has occured, nor do we assume any responsibility through
our AUPs to monitor or police Internet-related activities.
OWLTECHNOLOGY.net disclaims any responsibility for any such
inappropriate use and any liability to any person or party
for any other person's or party's violation of this policy.
All Sub-Networks, resellers and managed
servers of OWLTECHNOLOGY.net must adhere to the above policies.
Failure to follow any term or condition will be grounds
for immediate Cancellation.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE
AUPs AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY
ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THESE
AUPs BY YOU.
Server Resources
Any web site that uses a high amount of server resources
(such as, but not limited to, CPU time, memory usage, and
network resources) will be given the option to either pay
additional fees (which will depend on the resources required),
reduce the resources used to an acceptable level, or upgrade
its service to a Dedicated Server plan. OWLTECHNOLOGY.net
shall be the sole arbiter of what is considered to be a
high server usage level.
All shared web hosting accounts come with a limit of 5,000
files per account. Each block of 5,000 files after the initial
5,000 will incur an additional charge of $9.95/month. In
the case of reseller's, this 5,000 limit is per unique top
level domain.
Any web hosting account deemed to be adversely
affecting server performance or network integrity will be
shut down without prior notice.
Background Running Programs and Cron
Jobs
OWLTECHNOLOGY.net may allow programs to run in the background.
These programs will be considered on an individual basis
and customers will incur extra charges based on system resources
used and operational maintenance needed. If you wish to
run background programs please contact OWLTECHNOLOGY.net
at support@owltechnology.net so that we can arrange
set-up.
Software Distribution
OWLTECHNOLOGY.net' shared web hosting accounts are not
configured for the purposes of distributing software and/or
multimedia products. If you wish to distribute software
and/or multimedia files, please contact hosting@owltechnology.net
to make special arrangements.
Databases
Any MySQL database stored on OWLTECHNOLOGY.net' servers
shall be limited in size to 10MB. Any single larger database
will be subject to extra fees. Any flat database files (i.e.
text databases) will be limited to size in 1 MB. This is
due to the amount of server resources that databases consume.
Special Offers
Specials apply only to new account setup. If you currently
have a domain account with us, you cannot
upgrade or downgrade to special offers. Current clients
may purchase another account using another
domain name that is not setup with our services or have
been previously.
All Conditions,
At anytime, OWLTECHNOLOGY.net will not be held responsible
for any situation or problem that may happen and that you
will take full responsibility.
OWLTECHNOLOGY.net
may at any time revise these Terms and Conditions by updating
this document. You are bound by any such revisions and should
therefore periodically visit OWLTECHNOLOGY.net to review
the current Terms and Conditions to which you are bound.
This Agreement constitutes the entire agreement
between User and OWLTECHNOLOGY.net with respect to the Service.
If you
do not Agree with any of the above, DO NOT SIGN UP! or use
any services
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