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.
