Table of Contents
- Individual Product Terms of Service
- System and Network Security
- Software Piracy
- Lawful Purpose
- Child Pornography
- Unsolicited E-mail (SPAM)
- Suspension and Protection of Network Integrity
- Our Billing Policy
- Reseller Non-Competition Policy
- Reseller Confidentiality Agreement
- Refund Policy
- Copyright of Agreement
- Disregard of Advice or Counsel
- Reseller Copyright Policy
- Server Management Services
- 3rd Party Licenses
- Contact Maintenance
- Extended Terms of Service
By using services or purchasing products provided by OCS Solutions, you agree to abide by our terms of service. This terms of service agreement protects both us and you. If you do not agree to these terms, we regretfully cannot accept your business. Any breach of these terms may result in immediate suspension of your account with us.
IMPORTANT: This agreement may be updated from time to time. We recommend that you bookmark this page and check it from time to time to keep up with the latest policies and terms of service.
This agreement was last updated on May 17th, 2011.
Some of our products and services have additional or different terms of service agreements. These agreements must be agreed to for use of these services. When a product has a different terms of service agreement from this one, you'll be presented with the appropriate links to the applicable additional terms.
In some cases these additional terms of service may contradict these terms. When this occurs, the service-specific terms of service agreement takes presidence over this agreement in all cases of contradiction.
You may review these additional terms of service agreements in our additional terms of service agreements section of our site.
Violations of system or network security are prohibited, and may result in criminal and civil liability. OCS Solutions 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, mail bombing, 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 OCS Solutions. Such labor is categorized as emergency security breach recovery and is currently charged at $100 USD per hour required. OCS Solutions 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, OCS Solutions urges its customers to assume that all of their online communications are insecure. OCS Solutions cannot take responsibility for the security of information transmitted over OCS Solutions's facilities.
The OCS Solutions network and/or hosting accounts 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.
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 this terms of service agreement 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 OCS Solutions 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 OCS Solutions services or products is prohibited. Using the OCS Solutions 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 OCS Solutions network are open to the public. You are solely responsible for your usage of the OCS Solutions network and servers and any statement you make on servers hosted within the OCS Solutions 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.
OCS Solutions does not allow any unlawful material to be placed on its equipment, and this includes child pornography or any type of material that supports harm to children in any way.
OCS Solutions 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 OCS Solutions 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 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-BE-ALERT
While OCS Solutions respects free speech as a policy, many of our upstream network providers do not allow pornography, and thus we must extend this policy to our customers.
Pornography includes films, video, or any other type of visual presentation that displays explicit sexual activity. Educational and artistic material and textual eroitc material is not included in this defintion.
OCS Solutions takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply, this means that customers of OCS Solutions may not use or permit others to use our network to transact in UCE. Customers of OCS Solutions may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. E-mail is a person-to-person medium, not a broadcast medium.Customers of OCS Solutions are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the OCS Solutions network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
Violation of OCS Solutions's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, OCS Solutions will initiate an immediate investigation (within 24 hours of notification). During the investigation, OCS Solutions may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, OCS Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, OCS Solutions reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. OCS Solutions will notify law enforcement officials if the violation is believed to be a criminal offense.Any account that breaks our Anti-SPAM policy will not be subject to ANY refunds, even if prepaid.
OCS Solutions reserves the right to suspend any accounts that are violating this terms of service agreement. OCS Solutions is 100% committed to protecting our network integrity and reliability. We also reserve the right to disable other accounts or services to protect those services and our network from abuse if necessary.
ALL PAYMENTS MADE TO OCS SOLUTIONS ARE NON-REFUNDABLE UNLESS OTHERWISE SPECIFIED IN THE SERVICE DESCRIPTION OF YOUR ORDER.
We currently accept the following forms of payment - VISA, MasterCard, American Express, PayPal, Checks (personal or business), traveler's checks, and money orders, Western Union, purchase orders, and wire transfers. If any payment is charged back or returns to us for whatever reason, a $30.00 service fee will be charged. This charge-back or returned check fee does not apply to the failure of a credit card to process successfully.
VERY IMPORTANT: With all services, it is absolutely essential that you keep us up to date as to your current contact information. You can login to https://my.ocssolutions.com/ at any time to update your e-mail, phone number, address, and other account information. Failure to keep your account information current can result in us not being able to contact you if there is a problem with your account.
Virtual Hosting, Virtual Dedicated Servers, and Dedicated Servers
We require payment of at least the first month or first installment before services can begin. For purchase order payments, we can activate service before the first payment is received at the discretion of the billing department. Your account will be billed on a regular basis, in a frequency you choose at signup (monthly, quarterly, semi-annually, or annually). Some plans do not allow certain payment frequencies.
Your renew day is the anniversary of the day you signed up. We will send out an invoice 5-10 days (depending on your service) in advance of your renew date, which is considered due by the renew date. If you have a credit card on file with us, we will attempt to charge the amount of the invoice. If your credit card is declined, we will attempt to reprocess the charge in a few days.
If the payment is not received on the due date, it is considered past due, and subject to a 1.5% per month late fee, with a minimum of $1.50.
For web hosting, if your payment and the late fee are not received after 20 days past the due date, we may suspend the account. If this occurs, a reconnection fee may apply of up to $20.00. If it remains suspended for 10 days, your account is subject to deletion.
For virtual dedicated servers, if payment is not received 10 days after the due date, we may suspend the account. If this occurs, a reconnection fee of $25.00 may apply. If it remains suspended 10 days, your account is subject to deletion.
For dedicated servers, payment must be received by the due date to avoid suspension of the account.
In all cases, if your account has been suspended, full payment will be required (plus payment of any late fees or reconnection fees, if applicable) to restore your account.
We will not release any data or domain registration information if account is suspended or terminated without full payment of past due balances.
If server management fees are not paid by the due date, a 1.5% late fee per month will be applied, with a minimum of $1.50. Server management services will be suspended until full payment is made. We reserve the right to deny service to accounts that have been suspended.
Website Management and Internet Marketing
If website management or Internet marketing fees are not paid by the due date, a 1.5% late fee per month will be applied, with a minimum of $1.50. Services will be suspended until full payment is made. We reserve the right to deny service to accounts that have been suspended.
If you fail to renew your domain by the expiration date, we can renew the domain for you for up to 15 days at no additional cost. After 15 days, domain redemption fees may apply and vary by domain type. We have no control over these fees, so we encourage you to renew your domain on time if you plan to keep it. A domain that expires is not available for re-registration for a period of up to 30-60 days after expiration.
If you feel you are going to be late with your payment, it is imperative that you contact us by e-mail at firstname.lastname@example.org or by phone as soon as possible so we can make arrangements. We want to work with our customers to help bring accounts current.Although we make every effort to ensure that our billing is completely accurate, should a problem arise, we will gladly research and correct any errors in charges. However, we are not responsible for billing errors that are older than 60 days.
By using a credit card to pay for services, you are representing that you either own or have use of the card you provide. If it is discovered that you do not have legal use of the card, we will terminate service and report the incident to the proper authorities.
IMPORTANT: We use a wide variety of tools and techniques to prevent credit card fraud. We do report all incidents of fraud to the cardholder's bank and the United States FBI.
This section only applies to resellers of our services. We will not respond to requests for information or support from your resold accounts unless you specifically give us written authorization to do so. Technical support requests must be made through the reseller, not from the resold accounts. We will not accept, as clients or resellers, any of your resold accounts. We also will not accept, as clients or resellers, any resold account that was previously your client without prior written consent from you or unless they have not been your client for at least 6 months.
Any reseller of OCS Solutions agrees that some material OCS Solutions discloses to resellers may be confidential. Reseller agrees not to disclose this information without written consent from OCS Solutions. OCS Solutions will never disclose any information to any other party about any of its resellers.
This confidentiality agreement will survive forever even if reseller no longer does business with OCS Solutions.
As a general rule, OCS Solutions does not issue refunds. Instead, if a refund or credit is due under our policies, we will issue it as a credit on your bill. We cannot issue a credit on your bill on a check that has not cleared or on a credit card that has not been settled with your bank.
If you break our terms of service and your site is disconnected because of that, you will not be entitled to any refund or credit.
For services that we charge for and have other companies perform (for example, domain registration), we do not issue credits or refunds. If you desire a refund from those companies, we will provide you with contact information necessary to do that. However, those services are purchased on your behalf as a service to you and you must accept their terms of service agreements upon receipt of said services.
IMPORTANT: All services that are billed on a reoccurring basis are not refundable once payment is made, even if you elect to cancel in the middle of the billing period. This does not apply to upgrades to another package or form of service with us.
Due to the unpredictable nature of the Internet and computer software in general, we do not guarantee 100% uptime and reliability of data and services. We do provide each account with the tools to completely backup and restore their data without our intervention. While backup procedures are in place that protect your data, we encourage you to back up your own data to prevent its loss since no backup system is perfect. Our sole liability to you is to help you fix the problem with your account. We are not liable in any way for data loss.
We do however issue downtime credits proactively. If your site is down for longer than an hour, we will credit your bill accordingly, automatically. These changes will show up on your next statement. This does not apply to regular maintenance and announced service downtimes.
This agreement is copyrighted and cannot be reused.
If you choose to disregard advice or counsel from us, we cannot be responsible for any outcomes or damages that are a result of or caused by client disregarding our advice.
Our resellers are free to use the contents of our hosting page, including the text, provided that the text is changed somewhat to reflect your type of service. Verbatim copying is not permitted.
No other page other than the hosting page may be copied.
If your server is covered under our server management service, we will manage your server by, among other things, performing routine maintenance and providing troubleshooting and general technical support on the server. Unless otherwise agreed to in advance, we will not support software that you install or alter the configuration files of. We do not support clustering and multi-server configurations under standard server management unless otherwise agreed to via separate consulting agreement.
Unless your server is hosted with us in our data center, you are responsible for all hardware maintenance and costs, network access maintenance and costs, and software licensing costs. You are also responsible for updating us on any password changes for administrative or "root" users so that we may log in to manage your server. Failure to do so will impair our ability to manage and support your server.
We are not liable for any damages whatsoever in regards to this service, incidental or otherwise. All server management services will immediately terminate if you are involved in sending SPAM (except if you were hacked or a user of yours sent SPAM without your knowledge), hosting or providing copyrighted material without the copyright holder's consent, using your server to break any laws, or using your server to perform denial-of-service attacks on any other network or server(s).
Use of scripts or applications is allowed and encouraged on our servers, but only when you have a valid license to do so.
We require that any software you use in connection with its services be used in accordance with its license agreement, including paying for the software if it is not free.
If we receive complaints or discover you are running unlicensed software on your server, we will give you a brief period to correct the problem and obtain a valid license. If you disregard our notices, your account will be suspended.
To cancel your account, please login and click the Cancel link, or by filling out our cancellation form. No other method of cancelling is permitted.
For your protection, we will ask questions to confirm your identity. We do NOT accept cancellations via phone to prevent unauthorized cancellation of your account. When you cancel your account, you will receive a cancellation confirmation number. This number will serve as your receipt of your cancellation.
If OCS Solutions, its vendors and/or assigns are sued because of your actions in conjunction of or use of our services, you agree to indemnify and hold harmless OCS Solutions and to pay any damages and/or attorney's fees related to such suit.
In order for us to provide you with excellent service, we must have your current full name, company name (if applicable), address, phone number, fax number (if applicable), and e-mail address. It is your responsibility to notify us if any of this changes. We are not responsible for any problems caused by us not having the correct contact information due to your failure to provide it or keep it updated.
Some services have additional terms and conditions associated with their use. To see these terms and conditions, please view our extended legal agreements section.