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LEGAL STUFF
Terms Of Use and Customer Agreement Policy
One on One Hosting - Customer Agreement for Internet Web Hosting
Services This is a contract. Please read it carefully. 1. Parties.
One on One Hosting is an Internet Web Hosting Service Provider
operated by The WebdeZign Shop Incorporated and a party to this
Agreement. The person whose signature appears on the original sign-up
agreement (herein referred to as "you") is the other party to this
Agreement. 2. Agreement: Change in Terms.
By accessing One on One Hosting. services, you agree to be bound by
the terms of this Agreement. You also agree to be bound by any change
in these terms which may be published via One on One Hosting services
while you are a user of One on One Hosting services. If you do not
want to be bound by the terms of this Agreement or by any subsequent
changes to these terms, please contact One on One Hosting immediately
so that we may close your account. You will have 15 days to move or
discontinue your service once you notify One on One Hosting of your
dissatisfaction of any policy changes. 3. Limitation of Liability
and Indemnity.
You agree that One on One Hosting will not be liable to you, beyond
the refund of your current term's charges, for any direct, indirect,
consequential, special or punitive damage (s) or loss (es) whatsoever
you may incur in connection with the use of the One on One Hosting
system or any of the data or other material transmitted through or
residing on the One on One Hosting system, even if One on One Hosting
has been advised of the possibility of such damage or loss. This
includes, but is not limited to, loss of data or any other loss
whatsoever resulting from delays, non-deliveries, mis-deliveries, or
service interruptions of any nature whatsoever. In addition, you agree
to defend and indemnify One on One Hosting and hold The WebdeZign Shop
Inc. harmless from and against any and all claims, proceedings,
damages, injuries, liabilities, losses, costs and expenses (including
reasonable attorneys fees) relating to any acts by you or materials or
information transmitted by you or any use by you of One on One Hosting
services which leads wholly or partially to claims against One on One
Hosting or the The WebdeZign Shop Inc. system by you, by another
customer or by any other person or entity. Without limiting the
generality of the above paragraph, you further acknowledge and agree
that: a. No Warranties: No Responsibility.
One on One Hosting exercises no control whatsoever over the content of
the information passing through its Internet connection. One on One
Hosting makes no warranties of any kind, whether expressed or implied,
as to the availability, accuracy, or content of the information,
products, or services it is providing. One on One Hosting. disclaims
any warranty of merchantability or fitness for any particular purpose.
Use of any information or data obtained via One on One Hosting is at
your own risk. One on One Hosting bears no responsibility for the
accuracy or quality of information obtained through its services. .
Further Agreements
You further acknowledge and agree: 4. Use Restricted to Lawful
Purposes.
You agree that you will only use One on One Hosting services for
lawful purposes. You agree that you will not transmit any material in
violation of any U.S. federal, U.S. State, or foreign law. This
includes, but is not limited to copyrighted material, material legally
judged to be threatening, obscene, in violation of the Communications
Decency Act or any other section of the Telecommunications Reform Act
of 1996, or material protected by trade secret. Your keyboard input or
files may be monitored in the event of a real or perceived security
incident. You agree that One on One Hosting may remove objectionable
materials residing on the One on One Hosting server. Such removal
shall be at One on One Hosting sole discretion and The WebdeZign Shop
Inc. shall be the sole judge of what constitutes objectionable
material. 5. Other Networks: Access and Cancellation at One on One
Hosting Discretion.
You agree to comply with the acceptable use policies, rules and
regulations, and terms and conditions of any networks accessed by you
through One on One Hosting. One on One Hosting reserves the right to
refuse service to anyone.
One on One Hosting further reserves the right to deny access to, or
close, any account (s) which, in One on One Hosting sole opinion, is
(are) causing, or may cause, harm to a One on One Hosting server or to
other systems or for any other reason determined by One on One
Hosting. One on One Hosting will make reasonable effort to notify any
user of One on One Hosting action, but is not bound by this agreement
to do so. 6. Account Usage.
When you accept this Agreement and pay the appropriate charge, you are
entitled to an account. An individual account entitles only the named
user to log in.
7. CPU Usage.
Programs used to emulate a TCP/IP connection from within a shell
account are prohibited. 9. Disk Usage.
You agree that storage of user data will be done within the user's
assigned home directory, or as assigned by the One on One Hosting
staff. You agree not to use other disk space, except for One on One
Hosting system programs making temporary use of the system's public
file system areas. One on One Hosting agrees to supply account users
the specified amount of disk space as stated on the sign up form.
Those requiring additional disk space may contact One on One Hosting
for details. 10. Mail Usage.
You agree that you will not send bulk mail to more than one hundred
(100) users nor unsolicited commercial mail to multiple recipients or
use your One on One Hosting account or web pages as a return address
for unsolicited commercial mail originated elsewhere. 11. System
Abuse.
Administrative intervention required due to abuse of any of the
policies in the Agreement will be billed to the user at $100 per hour.
This includes but is not limited to administrative intervention on
dedicated servers and co-located servers which is caused by any virus,
trojan, hacker or other break-in beyond One on One Hosting's control.
It is the dedicated or co-located customers responsibility to keep
their software up to date to prevent security breaches on their
servers. 12. Refund and Guarantee Policy
One on One Hosting offers a 30 day guarantee on all shared web hosting
accounts.
In the event you decide that you are dissatisfied with service within
the first 30 days, One on One Hosting will refund to you the entire
pre-payment for the monthly web hosting fees only. Sorry, but Set-Up
fees and Domain registration fees are not refundable.
In addition, One on One Hosting offers a 30 day guarantee on all
Dedicated server and co-location accounts. In the event you decide
that you are dissatisfied with service within the first 30 days, One
on One Hosting will refund to you the entire pre-payment for the
monthly dedicated server or co-location hosting fees only. Set-Up fees
for Co-location Services are not refundable. Set-Up fees for Dedicated
Server services are refundable only if requested before installation
and configuration of your web server. Once installation and
configuration is complete, there will be no refund of any setup fees.
13. Billing Policies; Cancellation; Application Form; Changes.
The Application Form which you signed is hereby incorporated into this
Agreement. You agree that One on One Hosting may change its rates and
otherwise modify any terms and conditions of this Agreement by
notifying you via One on One Hosting's services 30 days in advance of
the effective date of such changes. Until you notify us to close your
account, you agree that any new terms and conditions will supersede
all previous representations, understandings, or agreements and shall
prevail notwithstanding any variance with the terms and conditions of
this agreement and all order forms submitted. To open or close a One
on One Hosting account requires written notification by FAX, U.S. Mail
or e-mail. You agree to notify One on One Hosting via email to
billing@oneononehosting.com, postal mail, or fax of any changes to
your address or telephone number. Service is invoiced in advance of
applicable term. You agree to pay service charges until the end of the
billing cycle in which you request cancellation. Written notification
of cancellation must be received at least five days prior to your
cycle date, with the cycle date being the day of the month you sign
up, in order to avoid charges in full for the next cycle. Upon such
notification, One on One Hosting agrees to refund the service fees for
any future terms outside your cycle as described above, and close your
account at the end of the cycle. All accounts will continue to be
billed until a written notice of cancellation is received, whether or
not the account is actively used. Acceptable billing methods include:
automatic credit card debiting, or quarterly billing in advance by
postal mail. If quarterly billing in advance is chosen, payment is due
upon receipt of invoice. Direct debit accounts will automatically be
charged at the beginning of the next billing cycle unless we receive
written notice from you to cancel your account. If One on One Hosting
does not receive payment within fifteen (15) days of your due date,
you will be mailed by postal mail a reminder notice and may be charged
a $15.00 past due fee. If payment is not received with ten (10) days
of the notice, the account will be temporarily deactivated, and a
$25.00 reactivation fee will apply to have the account reactivated. If
after thirty days of suspension, payment is still not received the
account will be deleted, including all stored email. If you check is
returned to One on One Hosting unpaid, you agree to pay a returned
check charge of $25.00. If you default, you agree to pay One on One
Hosting reasonable collection expenses, including attorney and
collection agency fees. Further, for co-location servers, it is the
customers responsibility to make arrangements to either pick up your
equipment or have it shipped to you within 30 days of cancellation.
Any hardware left here at One on One Hosting after 30 days of the
cancellation date will be charged a storage fee of $50.00 per month.
14. Choice of Law.
You and One on One Hosting agree that the law of the State of Indiana,
U.S.A. will apply to all matters relating to this Agreement and to One
on One Hosting services. In addition, you and One on One Hosting agree
and consent that the courts of Lake County, Indiana, U.S.A., will have
exclusive jurisdiction and be the exclusive venue for any legal
actions relating to this Agreement or to the services provided
hereunder. 15. Rights not Waived.
Failure by either you or One on One Hosting to insist upon compliance
by the other party with the terms and conditions of this Agreement
shall not constitute a waiver of any rights under this Agreement.
16. Partial Invalidity.
If any part, term, or provision of this Agreement is determined to be
invalid or unenforceable by a court, board, or tribunal of competent
jurisdiction, such term or provision shall be construed in all
respects as if such provision were written in a manner acceptable to
said court, board, or tribunal, or, if such provision is found to be
totally unacceptable to such court, board, or tribunal in any form,
then as if such invalid provision were omitted altogether. 17.
Copyright©. All photos and images in this site are for representation
purposes only. No claim is made as to the purchase of the actual
product shown. Images representing company products other than those
of One on One Hosting and The WebdeZign Shop Inc. are copyrights of
the respected owners. Dell products are copyrights of Dell
Corporation. Microsoft products including FrontPage are copyrights of
Microsoft Corporation. 18. Entire Agreement.
It is expressly understood that there are no oral agreements or
understandings between you and One on One Hosing which will be deemed
to extend, restrict, or otherwise supersede the exact terms of this
agreement. If any provision of this Agreement fails to comply with
applicable law, then this Agreement shall, without prior notice, be
automatically modified to conform with the minimum requirements of any
law or governmental regulation having application to or jurisdiction
over the subject matter or the parties hereto. Otherwise, this
Agreement, the Application Form, and any later written changes
published via One on One Hosting service, constitutes the entire
agreement between the parties.
Domain Registration Agreement
AGREEMENT. In this Service Agreement ("Agreement") "you" and "your"
refer to each customer, "we", us" and "our" refer to One on One
Hosting and “Services” refers to the services provide by us.
1. This Agreement explains our obligations to you, and explains
your obligations to us for various Services. By selecting our Services
you have agreed to establish an account with us for such Services.
When you use your account or permit someone else to use it to purchase
or otherwise acquire access to additional Services or to cancel your
Services (even if we were not notified of such authorization), this
Agreement covers such service or actions. By using the Services under
this Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see
whether the domain name you select, or the use you make of the domain
name, infringes legal rights of others. We urge you to investigate to
see whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be ordered by a
court to cancel, modify, or transfer your domain name. You should be
aware that if we are sued or threatened with lawsuit in connection
with your domain name, we may turn to you to hold us harmless and
indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for the services you
have selected, you agree to pay us the applicable service(s) fees. All
fees payable hereunder are non-refundable unless we provide otherwise.
As further consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). You hereby grant us the right to disclose to third
parties such Account Information. The Registrant, by completing and
submitting the Domain Name Registration Agreement ("Registration
Agreement"), represents that the statements in its application are
true and that the registration of the selected Domain Name, so far as
the Registrant is aware, does not interfere with or infringe upon the
rights of any third party. The Registrant also represents that the
Domain Name is not being registered for any unlawful purpose.
4. MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular mail as per
the Notices section of this agreement, Section 20. You agree to review
our web site, including the Agreement, periodically to be aware of any
such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing
us with notice by e-mail or regular mail as per the Notices section of
this agreement, Section 20. Notice of your termination will be
effective on receipt and processing by us. You agree that, by
continuing to use the Services following notice of any revision to
this Agreement or change in service(s), you abide by any such
revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. You agree that,
by maintaining the reservation or registration of your domain name
after modifications to the Dispute Policy become effective, you have
agreed to these modifications. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
5. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us.
Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another
registrar, you agree to be bound by our current Domain Name Dispute
Policy ("Dispute Policy") which is incorporated herein and made a part
of this Agreement by reference. The current version of the Dispute
Policy may be found at our web site: https://www.Oneononehosting.com.
Please take the time to familiarize yourself with such policy.
7. DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Dispute Policy in
effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions contained in
the Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of your domicile, the courts of the
geographic location indicated by your WHOIS information for your
domain name, and the courts of Lake COUNTY, Indiana.
8. AGENTS. You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased our Services on your
behalf, you are nonetheless bound as a principal by all terms and
conditions herein, including the Dispute Policy.
9. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security
or to enhance your identity on the Internet.
10. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of
substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in
such states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting from data
non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your Account Identifier or Password; (5)
loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the development or
interruption of your Web site or email service. The registrant agrees
that we will not be liable for any loss of registration and use of
registrant's domain name, or for interruption of business, or any
indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages. In no event shall our
maximum liability exceed one hundred ($100.00) dollars.
11. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of the
Services, including without limitation infringement by you, or someone
else using the E-mail Service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from
the violation of any of our operating rules or policy relating to the
service(s) provided. You also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions contained in the Dispute
Policy. When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation of your
domain name.
12. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you.
If within thirty (30) calendar days of the date of such notice, you
fail to provide evidence, which is reasonably satisfactory to us, that
you have not breached your obligations under the Agreement, then we
may delete the registration or reservation of your domain name or
terminate your e-mail account without further notice. Any such breach
by you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
13. NO GUARANTY. You agree that, by registration or reservation of
your chosen domain name, such registration or reservation does not
confer immunity from objection to either the registration,
reservation, or use of the domain name.
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve your domain
name or register for other Services is, to the best of your knowledge
and belief, accurate and complete, and that any future changes to this
information will be provided to us in a timely manner according to the
modification procedures in place at that time. You agree that your use
of our Services is solely at your own risk. You agree that such
Service(s) is provided on an "as is," "as available" basis. we
expressly disclaims all warranties of any kind, whether express or
implied, including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the our
e-mail service or that defects in the Services software will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our e-mail
service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of
data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained
through the e-mail service or any transactions entered into through
the e-mail service. No advice or information, whether oral or written,
obtained by you from us or through the e-mail service shall create any
warranty not expressly made herein. Some jurisdictions do not allow
the exclusion of certain warranties, so some of the above exclusions
may not apply to you.
15. REVOCATION. You agree that we may delete your domain name or
terminate your right to use other Services if the information that you
provided to register or reserve your domain name or register for other
Services, or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely
consider material to our decision to register or reserve your domain
name. You agree that we may, in our sole discretion, delete or
transfer your domain name at any time.
16. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register
you for other Services, or to delete your domain name within thirty
(30) calendar days from receipt of your payment for such services. In
the event we do not register or reserve your domain name or register
you for other Services, or we delete your domain name or other
Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal to
register or reserve, or delete your domain name or register you for
other Services.
17. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
18. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the
Registrant of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held to be a
waiver of the provision itself.
20. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall
only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender, in the case
of notice to us to support@oneononehosting.com or, in the case of
notice to you, at the e-mail address provided by you in your Affiliate
Program application or as updated from time to time. Mail shall be
sent to One on One Hosting 935 LaPorte Street Lake Station, In. 46405
U.S.A. and to you at the mailing address provided in your Affiliate
application or as updated from time to time. Any e-mail communication
shall be deemed to have been validly and effectively given on the date
of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. and otherwise on the next
business day. Any communication sent via regular mail shall be deemed
to have been validly and effectively given 5 business days after the
date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and policies
published us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and
understandings, whether established by custom, practice, policy or
precedent.
22. GOVERNING LAW. This Agreement shall be governed by and
interpreted and enforced in accordance with the STATE OF INDIANA and
the FEDERAL LAWS OF THE UNITED STATES applicable therein without
reference to rules governing choice of laws. Any action relating to
this Agreement must be brought in the SUPERIOR courts located in LAKE
COUNTY, INDIANA and you irrevocably consent to the jurisdiction of
such courts.
23. INFANCY. You attest that you are of legal age to enter into
this Agreement.
24. Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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