Note: If you use the services of another provider (including
but not limited to the use of address lists obtained from
a third party vendor or provider) to promote a web site
hosted by or through Omnistar Hosting (spamvertising),
then the provisions of the above Policy shall apply as
if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING,
Omnistar Hosting reserves the right to charge you between
$1.00 - $100.00 PER SPAM sent through our network. Your
web site content will also be confiscated and it will
be NEVER returned to you.
CGI Scripts
(This section does not apply to managed dedicated or
colocation servers.) Each shared Unix web hosting account
comes with its own cgi-bin, in which you are free to use
any* CGI scripts you wish. All CGI scripts (Perl scripts
with a .pl or .cgi extension) intended for use on shared
Windows 2000 web hosting accounts are subject to approval
by our NT Administrators.
*See the Server Resource Abuse section.
Server Resource Abuse
Shared server accounts are limited in use of the amount
of server resources. Shared server resource abuse includes
any process or service usage that affects normal shared
server operation, resources or connectivity, and which
causes a server to become overloaded. Shared server resources
include CPU and memory usage, number of concurrent processes,
number of concurrent port or database connections and
total bandwidth. Possible causes of server resource abuse
include, but are not limited to, the use of: CGI, Perl,
Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP,
POP3 and FTP. If server resource abuse is detected, possible
actions include, but are not limited to: disabling of
the offending script or scripts, disabling of the specific
service, disabling of the entire account or account cancellation.
If server overload is a result of server resource abuse,
these actions will be taken without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. Omnistar
Hosting 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 Customers over the
Omnistar Hosting network, and will be liable for illegal
material posted by their Customers.
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
Chat Rooms
We do not allow Customers to install their own chat rooms
within a shared hosting account, without approving it
with the Omnistar Hosting Support Team. Most chat rooms
tend to be large system hogs and we cannot allow it as
an account option. However, we do provide a choice of
Java chat rooms for a small extra charge that will more
than fill your needs and run without hindering the performance
of the machine for others. Note: Parachat chat rooms do
not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow Customers to send more than 2000 pieces
of e-mail per day from a shared hosting account. If you
do send more than 2000 pieces of e-mail per day, your
account will be placed on hold for Network Abuse. If you
are sending legitimate e-mails and they total more than
2000 per day your account will be moved to a special server
that is specifically designed to handle high volumes of
e-mail. You will be charged $50.00/month in addition to
your regular hosting charges if your account is moved
to this server. Please contact noc@cihost.com to have
your domain moved.
Background Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra
charge will be incurred based on system resources used
and operational maintenance needed. (this section does
not apply to managed dedicated servers)
IRC
We currently do not allow IRC Customers or IRC bots to
be operated on any of our servers. In addition, IRC servers
are not permitted on our network. Anyone found to be in
violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail
usage limits outlined by your particular web hosting package.
If you use any bandwidth or storage space in excess of
the agreed upon number of megabytes per month or if you
exceed E-Mail storage and attachment size limitations,
Omnistar Hosting may, in its sole discretion, assess you
with additional charges. If Omnistar Hosting elects to
take any corrective action, Omnistar Hosting will not
refund any unused pre-paid fees. Your use of your account
and access to it is your responsibility. You are responsible
for any unauthorized access to your account resulting
in bandwidth, storage and/or E-mail usage exceeding the
limits outlined in your particular web hosting package
specifications and resultant charges. Bandwidth overages
are currently billed at $5/GB/month.
Payment Policies
All accounts are set up upon validation and payment of
the via Credit card or checking account. The initial fee
charged will be a prorated fee based on what day of the
month it is. After this initial fee all accounts will
be charged the appropriate monthly fee at the beginning
of each month. Omnistar Hosting reserves the right to
change prices at any time, unless other terms have been
agreed upon. Credit card accounts are subject to login
deactivation upon the card declining for charges within
48 hours of email notification. Any account not brought
current within a week (10 days) of e-mail notice or exceeding
this time frame in any way is subject to complete account
deactivation. The customer is responsible for all money
owed on the account from the time it was established to
the time that the customer notifies Omnistar Hosting to
request for termination of services. All payment is in
U.S. currency. Omnistar Hosting will bill each client
$50.00 per returned check, per wire transfer received
and per credit card chargeback received. Your particular
billing cycle corresponds to the contract length that
was initially chosen at setup. Any account that is not
brought current prior to deactivation will be charged
a $25.00 reactivation fee as well as a $15.00 late charge,
per domain deactivated. All taxes, fees and governmental
charges relating to the Services provided hereunder (other
than income taxes of Omnistar Hosting) shall be paid by
Customer. Omnistar Hosting accepts paper checks from customers
for payment of web hosting services and fees associated
with your account if you are under a 6-month or annual
billing cycle. Monthly payments are only accepted automatically
via direct charge of credit card or checking account.
Cancellation
Omnistar Hosting reserves the right to cancel service
at any time. All fees paid in advance of cancellation
will be pro-rated and paid by Omnistar Hosting if Omnistar
Hosting institutes its right of cancellation. Any violation
of policies which results in extra costs will be billed
to the customer (i.e. transfer, space etc.)
All of Omnistar Hosting's web hosting plans are backed
by a 30 day money back guarantee. If you are not completely
satisfied with our services or support within the first
30 days of your contract, you will be given a full refund
of the contract amount excluding setup fees, domain registration
fees, add-on/upgrade fees and overages. Setup fees are
refundable only if the account order is canceled prior
to account activation. For web hosting contracts, dedicated
servers and colocation packages, the full contract amount
less any setup fees and overages will be refunded if Omnistar
Hosting is notified within the first 30 days following
activation. No refund is available after the 30th day.
This policy does not apply to any additional services
such as overages, referrer logs, real audio/video, additional
disk space, additional pop accounts, etc. Due to security
concerns, all account cancellations must be done from
your account control panel. Cancellations via email requests
will not constitute acceptance of any cancellation. Refunds
will be made by company check or issued back to your credit
card within 30 days of receipt of cancellation. To receive
your refund, you must terminate this Agreement in the
manner described in above and cease using the Services.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason,
Omnistar Hosting is not liable to you because of the expiration
or cancellation for compensation, reimbursement or damages
on account of the loss of prospective profits, anticipated
sales, goodwill or on account of expenditures, investments,
leases or commitments in connection with your business,
or for any other reason whatsoever flowing from the termination
or expiration. If you terminate this Agreement, Omnistar
Hosting will not relieve you of any obligations to pay
fees and costs accrued before the termination date or
any other amounts you owe to Omnistar Hosting under this
Agreement.
IP Address Overlap
Omnistar Hosting administers the network on which customer
servers reside. The customer cannot use IP addresses which
were not assigned to them by Omnistar Hosting 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.
Material and Product Requirements
You must ensure that all material and data placed on
Omnistar Hosting's equipment is in a condition that is
"server-ready," which is in a form requiring
no additional manipulation by Omnistar Hosting. Omnistar
Hosting will make no effort to validate any of this information
for content, correctness or usability. If your material
is not "server-ready", Omnistar Hosting may
reject this material. Omnistar Hosting will notify you
of its refusal of the material and afford you the opportunity
to modify the material to satisfy Omnistar Hosting's requirements.
Use of the Services requires a certain level of knowledge
in the use of Internet languages, protocols and software.
This level of knowledge varies depending on the anticipated
use and desired content of your Web site. You must have
the necessary knowledge to create and maintain a Web site.
Omnistar Hosting does not provide this knowledge or customer
support outside of the Services.
Intellectual Property Rights
Material accessible to you through Omnistar Hosting's
services may be subject to protection under the United
States or other copyright laws, or laws protecting trademarks,
trade secrets or proprietary information. Except when
expressly permitted by the owner of such rights, you must
not use Omnistar Hosting or its servers and network in
a manner that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, which you
access or receive through the Omnistar Hosting network.
If you use a domain name in connection with Omnistar Hosting
or similar service, you must not use that domain name
in violation of any trademark, service mark, or similar
rights of any third party.
Network Security
Customers may not use the Omnistar Hosting network with
an attempt to circumvent user authentication or security
of any host, network, or account. This includes, but is
not limited to, accessing data not intended for the customer,
logging into a server or account the customer is not expressly
authorized to access, password cracking, probing the security
of other networks in search of weakness, or violation
of any other organization's security policy. Customers
may not attempt to interfere or deny service to any user,
host, or network. This includes, but is not limited to,
flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. Omnistar Hosting
will cooperate fully with investigations of violations
of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate system
or network security may incur criminal or civil liability.
You are solely responsible for any security breaches affecting
servers or accounts under your control. If your server
or website is responsible for or involved in an attack
on or unauthorized access into another server or system,
Omnistar Hosting will shut it down immediately. You will
pay any charges resulting from the cost to correct security
breaches affecting Omnistar Hosting or any of its other
customers.
Electronic Commerce
You will be solely responsible for the development, operation
and maintenance of your online store and products and
all contents and materials appearing online or on your
products, including without limitation (a) the accuracy
and appropriateness of content and materials appearing
within the store or related to your products, (b) ensuring
that the content and materials appearing within the store
or related to your products do not violate or infringe
upon the rights of any third party, and (c) ensuring that
the content and materials appearing within the store or
related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final
calculation and application of shipping and sales tax.
You will also be solely responsible for accepting, processing,
and filling any customer orders, and for handling any
customer inquiries or complaints arising there from.
You are also responsible for the security of any customer
credit card numbers and related customer information you
may access as a result of conducting electronic commerce
transactions through your Web Site. You will keep all
such information confidential and will use the same degree
of care and security as you use with your confidential
information.
Static / Dynamic Content Caching
You expressly (i) grant to Omnistar Hosting a license
to cache the entirety of your Web Site, including content
supplied by third parties, hosted by Omnistar Hosting
under this Agreement and (ii) agree that such caching
is not an infringement of any of your intellectual property
rights or any third party's intellectual property rights.
IP Address Ownership
Omnistar Hosting shall maintain and control ownership
of all IP numbers and addresses that may be assigned to
you by Omnistar Hosting and Omnistar Hosting reserves,
in its sole discretion, the right to change or remove
any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay Omnistar Hosting prior to the
effectiveness of the desired domain name registration,
the then-current amounts set forth in the Omnistar Hosting
price schedule for the initial registration of the domain
name and, should Customer choose to renew the registration,
subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if Customer's
domain name registration is suspended, cancelled or transferred
prior to the end of Customer's then current registration
term. Omnistar Hosting reserves the right to change fees,
surcharges, renewal fees or to institute new fees at any
time, for any reason, at its sole discretion. Customer's
requested domain name will not be registered unless and
until we receive actual payment of the registration fee,
and have confirmed Customer's registration in an email
from Omnistar Hosting to the email address indicated in
Customer's registration application. In the event of a
charge-back by a credit card company (or similar action
by another payment provider allowed by Omnistar Hosting)
in connection with the payments of the registration fee
for Customer's domain name registration, Customer agrees
and acknowledges that the domain name registration shall
be transferred to Omnistar Hosting as the paying entity
for that registration to the registry and that we reserve
all rights regarding such domain name including, without
limitation, the right to make the domain name available
to other parties for purchase. Omnistar Hosting will reinstate
Customer's domain name registration solely at Omnistar
Hosting's discretion, and subject to our receipt of the
initial registration or renewal fee and our then-current
reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2),
all notifications of claimed copyright infringement on
the Omnistar Hosting system or Web site should be sent
ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR
NOTIFYING Omnistar Hosting THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY
MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY
BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY
DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US,
BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE
THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT
(e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE,
REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following
Designated Agent:
Omnistar Hosting, Inc.
Legal Department
6525 Belcrest Road, Suite 526
Hyattsville, MD 20782
Fax: 301-277-4810
copyright@omnistarhost.com
Under Title 17, United States Code, Section 512(c)(3)(A),
the Notification of Claimed Infringement must include
the following:
1. Physical or electronic signature of a person authorized
to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have
been infringed or a representative list if multiple works
are involved.
3. Identification of the material that is claimed to be
infringing that should be removed or access to disabled
and information reasonably sufficient to enable the online
service provider to locate the material (usually a URL
to the relevant page).
4. Information reasonably sufficient to allow the online
service provider to contact the complaining party (address,
phone number, e-mail address).
5. Statement that the complaining party has "a good
faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent
or the law."
6. Statement that the information in the notice is accurate,
and under penalty of perjury, that the complaining party
is authorized to act on behalf of the copyright owner.
Lawful Purpose
Omnistar Hosting reserves the right to refuse service
to anyone. Customers may only use Omnistar Hosting server
for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited.
This includes, but is not limited to copyrighted material,
material legally judged to be threatening or obscene,
and material protected by trade secrets. The designation
of any materials as such described above is left entirely
to the discretion of Omnistar Hosting management. Regardless
of the place of signing this agreement, the client agrees
that for purposes of venue and jurisdiction this contract
was entered into and performed in Tarrant County, Texas,
and any dispute will be litigated or arbitrated in Tarrant
County, Texas. Customer further waives all objections
to venue or jurisdiction and acknowledges that venue and
jurisdiction in any such litigation will be held in Tarrant
County Courts. IN NO EVENT SHALL Omnistar Hosting'S MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE
AND HOLD Omnistar Hosting HARMLESS FROM ANY AND ALL DEMANDS,
LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE
ATTORNEY'S FEES ASSERTED AGAINST Omnistar Hosting, ITS
AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, 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 Omnistar Hosting AGAINST
LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR
PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH Omnistar Hosting'S SERVER; (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 Omnistar Hosting'S SERVER.
Disclaimer
Omnistar Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES
YOUR BUSINESS MAY SUFFER. Omnistar Hosting MAKES NO WARRANTIES
OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE.
Omnistar Hosting 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 Omnistar
Hosting AND ITS EMPLOYEES. Omnistar Hosting RESERVES THE
RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF
Omnistar Hosting MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS
FOR IMMEDIATE ACCOUNT DEACTIVATION.
