ONESTOP.NET TERMS OF SERVICE (TOS)
(last modified 04/18/2007)
The following are the terms and conditions for use of the OneStop.Net service including without limitation email, web hosting, marketing, credit card processing, and ecommerce solutions. Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE "ORDER" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. Definition of Service:
OneStop.Net offers a unique hosting network that provides individuals, businesses and organizations a place to post their web site, check email, market their site, and sell products online through the use our ecommerce solutions. Our network consists of both free and pay users that make our network an excellent community. We offer services through a worldwide network, currently servicing the net through our United States data centers.
2. Free Speech
Our network does its best to provide all users an excellent place to post their opinions and views. OneStop.Net believes in the freedom of speech, but not at the expense of fellow Internet users.
3. Security
To open an account all users are requested to select an account name and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify OneStop.Net immediately of any unauthorized use of your account or any other breach of security. Periodically, passwords may be expired and users will be required to select a new password to access their account via the web as well as FTP. This procedure is mandatory and for the protection of all users.
4. Material Allowed and Acceptable Use
OneStop.Net does its best to provide a quality-hosting network for all free and pay users. Please refer to the OneStop Acceptable Use Policy, by going to http://onestop.net, clicking "Terms of Service" at the bottom of your page, then "Acceptable Use Policy".
5. Privacy
The personal information submitted remains your property and will not be distributed to third parties. We do not sell our member list. By submitting that information to OneStop.Net you grant OneStop.Net the right to use that information for internal marketing, to inform you of new membership benefits and features, to let you know of urgent problems on our network, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our network. In addition, OneStop.Net reserves the right to release current or past member information in the event OneStop.Net believes that the membership is being or has been used in violation of the Terms of Service or to commit unlawful acts, if the information is subpoenaed, or when OneStop.Net deems it necessary or appropriate. By agreeing to the conditions of these Terms of Service, you hereby consent to disclosure of any record or communication to any third party when OneStop.Net, in its sole discretion, determines the disclosure to be appropriate.
6. Content Responsibility
OneStop.Net is not responsible for the content posted by OneStop.Net members or visitors on any area of our network including without limitation, homepages, chat rooms, message boards and email accounts. The opinions and views expressed by OneStop.Net's members or visitors do not necessarily represent those of OneStop.Net and OneStop.Net does not verify, endorse, or vouch for the content of such page(s). Further, OneStop.Net is not responsible for the delivery or quality of any goods or services sold or advertised through or on OneStop.Net members' page(s). If you believe that any of the content posted by our members or visitors violates your proprietary rights, including copyrights, please contact us immediately by sending mail to abuse@onestop.net or via telephone.
7. Links to Third Party Sites
The links included within the service may let you leave the service web sites ("linked sites"). The linked sites are not under the control of OneStop.Net and OneStop.Net is not responsible for the contents of any linked site or any link contained in the linked site, or any changes or updates to such sites. OneStop.Net is not responsible for webcasting or any other form of transmission received from any linked site. OneStop.Net provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OneStop.Net of the site or any association with their operators.
8. Extreme! Plan Policy
The following text outlines the rules and policies that apply to the Extreme! Plan. These rules have been designed to prevent the few individuals from taking advantage of the plan. The Extreme! Plan is subject to a number of additional conditions to protect the integrity of the service. The space is provided in good faith to our users so they may create Web Sites, without the fear of running over their storage space allocation. Most customers use this space for legitimate needs, others may take advantage of this offer and use the space in ways for which it is not intended. To provide the highest level of service, the following policy applies:
A) Customer may not use its Web site as a storage area for files that are not linked to Customer's Web pages. That is, the space provided, is for User's Web site, not for Customer's personal file storage.
B) The Company's "Extreme!" storage offer is to provide the Company's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. The Company permits up to 100 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.
C) CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted.
D) The Company reserves the right, in its sole and absolute discretion, to revoke the Customer's Extreme! Plan privilege for reasons stated, or otherwise not stated, which may degrade service levels of other users.
9. Hosting/Email Specific Regulations
Sites containing large amounts of unlinked files or those that use our service as offsite storage risk immediate suspension and/or cancellation. Programs that use an abundance of system resources (25%) for a duration longer than 60 seconds (ie. extended running cgi/php scripts) may be terminated and notification provided. The use bandwidth over the pre-paid set limit will be billed at the current posted price per GB.
SPAMMING - Please refer to the OneStop Acceptable Use Policy, by going to http://onestop.net, clicking "Terms of Service" at the bottom of your page, then "Acceptable Use Policy".
OneStop.Net does not allow the use of outside chat rooms or background running programs without the prior written approval from an authorized OneStop.Net operator. If you are interested in running a chat room for your site, please use the supplied methods or contact an operator for proper instruction.
IRC servers or bots are prohibited.
10. Domain Registration/Modification/Renewals and Notification
Domain registration and transfer requests will be fulfilled by the registrar of OneStop.Net's selection, at the time of order submission. OneStop.Net utilizes reseller programs offered by ICANN accredited registrars such as Network Solutions, OpenSRS, ENom, and Register.com.
OneStop.Net attempts to fulfill all domain registration, modification, and renewal requests in a timely manner. We have taken precautionary steps in the way our software was developed to provide a quick and reliable solution for new registrations and renewals. It is advised that each registration and renewal request be validated using a third-party registration and whois system. The availability and expiration date of any domain is public information and can be obtained from an organization such as NetworkSolutions.com or Register.com. By checking the expiration date or availability of your domain, before its expiration date, ensures your ownership and rights to the domain. As the owner of a domain name, it is your responsibility to monitor the status and accuracy of information available through the public whois interface.
All domain registration and renewal notices are sent to the email address listed in our contact database for your account. Please make sure this email address is valid and always kept up to date to assure you receive proper notifications from our system. All notifications are sent only via email and you will not receive paper copies via postal/snail mail, or telephone calls.
11. Payment
All accounts are billed on a pre-pay basis. Setup charges are non-refundable unless otherwise stated. Pricing is guaranteed for the term of pre-payment. Any account not current within 14 days of email notice, of due payment is subject to suspension and a reactivation charge of $ 25.00. Customer is responsible for all money owed from date of establishment of service to date of written or electronic notification for cancellation. All noted payment and pricing is in US currency.
12. Cancellation
OneStop.Net reserves the right to cancel service at any time. Any fees paid in advance will be pro-rated and paid by OneStop.Net if its right of cancellation is instituted. Additional charges that violate the specified policy will be billed to the customer (ie. data transfer, storage space, etc.). A 30-day money back guarantee will be extended if you are not completely satisfied with our service within 30 days of your starting contract date. A full refund of the contract amount, minus setup fees and overcharges will be issued within 15 days of notice of cancellation by either company check or credit card, according to method of initial payment. Cancellation is deemed as written notice with receipt acknowledgement. No refund is available after the 30th day of service. * Special Note: Domain Registration is an irreversible operation and non-refundable. Once your domain has been registered by OneStop.Net, the charges can not be reversed and will be deducated from any returned amount if applicable.
13. Quality of Service
OneStop.Net makes its best effort to provide excellent service 24 hours a day, 7 days a week, and 365 days per year. We strive to provide a hosting solution with 99.99% uptime through the use of redundant servers. However, we reserve the right to interrupt service for equipment upgrades and other system maintenance. OneStop.Net provides data backups as a convenience to its customers should our equipment fail, but does not warrant the storage of its customer's data on our network. Make a backup on your local machine or network.
We strongly advise against and make no warranty regarding the storing of sensitive information on shared virtual hosting accounts. By storing personal, business, or customer information on public OneStop.Net web servers, you assume all risks regarding the accessibility of this information. If you are interested in a high-level of security where only you and specified parties have access to this data, we recommend a dedicated server with the possibility of firewall protection. Contact a OneStop.Net Sales Agent for details regarding managed hosting including dedicated and firewall services or alternative e-commerce hosting packages.
14. Indemnification
Customer agrees that it shall defend, indemnify, save and hold OneStop.Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OneStop.Net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OneStop.Net against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OneStop.Net's service; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from OneStop.Net's network.
15. Disclaimer
OneStop.Net will not be responsible for any damages your business may suffer. OneStop.Net makes no warranties of any kind, expressed or implied for services we provide. OneStop.Net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by OneStop.Net and its employees.
OneStop.Net reserves the right to revise its policies at any time.
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