| 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 copyrighted MP3's, illegal data
, 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.
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
|