:: OptimumHosting Terms Of Service & Acceptable Use PolicyIMPORTANT! All resellers must abide by these guidelines, and are explicitly responsible for ensuring their clients abide as well. Each account you add must conform with these terms of service. You are responsible for informing your clients, as we will never contact them.
If a client is suspended for violation, (i.e. found spamming, has violated our content policies, has warez or illegal MP3's , etc) we will not ask you to suspend or remove the client, we will do it for you without notice. There are NO REFUNDS on paid services if a client is removed for violation of policy.
Policy and Service Guidelines
We provide web hosting to hundreds of clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.Content: All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Both OptimumHosting.com and our providers will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
• Pirated software
• Hacker programs or archives
• Warez sites
• Sites which perform or promote spamming or bulk email products and services
• Sites with adult or pornographic content
• Unlicensed Music (MP3 Files)OptimumHosting.com has a zero tolerance to spamming and/or bulk email. We do not condone sites which perform or promote spamming or bulk email products or services. Furthermore, we do not tolerate web sites which promote spamware or spam services. We co-operate with the spamhaus.org database, http://spamhaus.org and will immediately terminate without notice any site in breach of this condition. No refunds will be issued for domain hosting accounts terminated on this basis. The hosting of 'stealth' spamware and spam service sites is banned by most internet backbones acceptable use policites. It is also damaging to OptimumHosting's reputation and customers.
We will be the sole arbitrator as to what constitutes a violation of these provisions.
Disclaimer – OptimumHosting.com and our network providers are not responsible for any damages caused by services provided, and makes no warranties of any kind, expressed or implied for services we provide.
Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. We will be the sole arbitrator as to what constitutes a violation of this provision.
Background Running Programs We do not allow background programs to be run on our servers. This includes IRC bots.
Server Abuse: Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
All accounts and customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without notice or refund for the remaining months fees.
Payment
Payment for services must be received within 7 days of invoice. If payment is not received within this time, we will suspend all of your hosting accounts without notice. All prices are in US dollars.Credit Card Payments
We accept payment by Visa, Mastercard, Discover or online check using the payment processing facilities of iBill.com, our authorized payment processor.
We use various fraud prevention methods to protect us, our merchant account, our bank and the customer who owns the credit card being used. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Zip Code and Address of the cardholder. If anyone attempts to obtain service using a fraudulent credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We take credit card fraud very seriously. Your credit card statement will be billed as iBill, who are our payment processor.Cancellation
If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account at the end of your current bill cycle. We regret to advise that no refunds can be issued.New domain registrations are final once submitted, however you may transfer your domain to another provider if you wish. Once you have submitted your order for a domain name it is registered and not reversible, and we cannot refund the domain registration charges. To transfer or modify domain information, email us. If a domain is not available or taken before our system can register it, we will notify you and offer to register another domain or refund the registration charges.
Resellers
All resellers must ensure that their clients also abide by and understand our terms and conditions of service as stated on this page. If a resold client is in violation, we reserve the right to suspend the domain without notice. We do not have any interaction with a resellers client and will only deal with the reseller for any support or account related issues. We will strive to provide support for you as you support your clients, but request and recommend that you use the provided materials and Knowledgebase in order to best serve your clients. You should also try to be somewhat familiar with our service and features before you begin selling it to others. If there is a problem you cannot resolve we will be happy to assist you. Reseller accounts must keep a current credit card on file. If we attempt to rebill your account for monthly fees and your card is declined, all of your domains are subject to immediate suspension. You may charge any amount you wish for our services as a reseller and use our text and information from web site and support section as necessary to market your business as long as you remain a customer. We are not liable for losses due to your clients or their actionsData Transfer Allowances (monthly data transfer / bandwidth)
Resellers take responsibility for the data transfer allowance of all web sites hosted. Web sites that exceed the monthly data transfer allowance, will be automatically upgraded to the next hosting plan option.We make no promises of profit or income. You are responsible for abiding by laws/tax laws applicable in your place of business.
If you have any questions regarding our policies or services, please contact us.