ONENODE ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of ONENODE Service constitutes acceptance and agreement to ONENODE's TOS (Terms of Service) as well as ONENODE's AUP (Acceptable Use Policy).
All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy) of ONENODE. The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the United States of America and the state of Arizona applicable to contracts enforceable in that state.
1. Customer Privacy and Disclosure to Law Enforcement: ONENODE takes reasonable measures to protect customer's privacy. We will not make available customer's information or data to any third party, with the exception of billing information for the processing of ONENODE payments.
Subscriber acknowledges that ONENODE may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber is solely responsible to make aforementioned payment.
4. Payments and Fees: Service will be interrupted on accounts that reach 2 days past due. Accounts that are not collectable by ONENODE may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to ONENODE are nonrefundable. This includes all charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ONENODE's sole discretion is a valid charge under the provisions of the TOS, you agree to pay ONENODE an "Administrative Fee" of not less than $25 and not more than $50.
6. Failure to Pay: ONENODE may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: All requests for canceling accounts must be made via our ticket system at least 2 days before the repeat billing cycle. You must have all account information to cancel.
8. Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, Subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Support Boundaries: ONENODE provides 24x7 technical support to our subscribers via support tickets. All services provided by ONENODE are unmanaged; ONENODE only ensures that the server is online and is remotely accessible. ONENODE does not offer technical support for application specific issues such as programming, CPanel, or any other such issue. ONENODE does not provide technical support for YOUR customers. We encourage you to use the Ticket System on our web site.
10. Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO may result in suspension or termination without a refund.
11. SPAM and Unsolicited Commercial Email (UCE): ONENODE takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ONENODE may not use or permit others to use our network to transact in UCE. Customers of ONENODE 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.
a) Violation of ONENODE's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ONENODE will initiate an immediate investigation (within 48 hours of notification). During the investigation, ONENODE may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ONENODE may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ONENODE reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ONENODE will notify law enforcement officials if the violation is believed to be a criminal offense.
b) Any violation of this policy may result in an "Administrative Fee" of $25 and your account will be reviewed for possible immediate termination without refund. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $50 per hour that ONENODE personnel must spend to investigate the matter.
c) As our Customers are ultimately responsible for the actions of their clients over the ONENODE network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
12. Network
a) IP Address Ownership: If ONENODE assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ONENODE, and Customer shall have no right to use that Internet Protocol address except as permitted by ONENODE in its sole discretion in connection with the Services, during the term of this Agreement. ONENODE shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ONENODE, and ONENODE reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame ONENODE reserves the right to retract IPs that are not being utilized without notifying the Subscriber.
b) Bandwidth Usage: ONENODE will monitor Customer's bandwidth. ONENODE shall have the right to take corrective action if Customer's usage negatively impacts other clients.
c) System and Network Security: Users are prohibited from violating or attempting to violate the security of the ONENODE Network. Violations of system or network security may result in civil or criminal liability. ONENODE will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation:
a) ONENODE is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
b) First violation: Any User, which ONENODE determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ONENODE's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
c) Second Violation: Users that ONENODE determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
d) We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
14. Suspension of Service or Cancellation: ONENODE reserves the right to suspend network access to any customer if in the judgment of the ONENODE network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ONENODE chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
15. Bandwidth (Data transfer) Overages: Subscriber agrees to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per 100GB at a rate of $5 (five dollars) over the allocated bandwidth on the service. ONENODE reserves the right to suspend any account which does not pay bandwidth overage charges within 2 days.
16. DMCA/SPAM Complaints: ONENODE handles any and all Digital Millennium Copyright Act ("DMCA") and SPAM complaints very seriously, and will thoroughly investigate each complaint received. ONENODE reserves the right to suspend services until the violating content is removed from the server. Excessive DMCA/SPAM complaints may result in termination of services.
17. Management & Backup of Data: Subscriber is solely responsible for the management and backup of all customer data, and all updates, upgrades, patches etc.
18. TOS Changes: ONENODE reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of ONENODE must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and Conditions policy.
19. Indemnification: ONENODE wishes to emphasize that in agreeing to the ONENODE Terms of Service (ToS), customer indemnifies ONENODE for any violation of the Terms of Service (ToS) that results in loss to ONENODE or the bringing of any claim against ONENODE by any third-party. This means that if ONENODE is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ONENODE, plus all costs and attorney's fees.
19a. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the ONENODE shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.
20. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
b) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
c) ONENODE takes no responsibility for any material input by others and not posted to the ONENODE Network by ONENODE. ONENODE is not responsible for the content of any other websites linked to the ONENODE Network; links are provided as Internet navigation tools only. ONENODE disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
d) ONENODE is not responsible for any damages your business may suffer. ONENODE does not make implied or written warranties for any of our services. ONENODE denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ONENODE.
21. Responsibility for Content: You, as ONENODE's customer, are solely responsible for the content stored on and served by your ONENODE server.
By accepting ONENODE's TOS, customer indemnifies OneNode of all responsibility for customer actions or result thereof. OneNode reserves the right to refuse service or terminate service at its discretion.