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Acceptable Use Policy (AUP) and Terms of Service (TOS)
Omniscience Design Ltd (OSD) agreews to provide the client web
hosting for a monthly/annual fee. OSD will never require clients
to advertise for OSD on their website in any way shape or form
unless agreed upon such as a non-profit organization receiving
complimentary hosting. Clients are allowed to use the service
for business/commercial or personal websites or content.
Support:
Support is provided for the hosting account functionality. OSD does not provide support for third party applications
/ installs / code or application specific issues such as CGI programming, HTML or any other such issue not pertaining to the services of the hosting account.
Content:
All services provided by OSD may be used for lawful purposes
only. Transmission, storage, or presentation of any information,
data or material in violation of any Irish (or any other country)
law is prohibited. This includes, but is not limited to: copyrighted
material, material that is threatening or obscene, material
that is "adult only" content, or material protected
by trade secrets and other statue. The subscriber agrees to
indemnify and hold harmless OSD from any claims resulting from
the use of the service, which damages the subscriber or any
other party.
Adult Content:
Pornography and sex-related merchandising are prohibited on
any server. This includes sexual content, or direct links to
adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to our
servers or any other server on the Internet. Links to such materials
are also prohibited. OSD will be the sole arbiter as to what
constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software
Background-running Programs:
OSD do not allow background-running programs. This includes
any IRC related software such as bouncers and bots. In certain
cases 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.
Banned Scripts:
You are free to use any scripts you wish provided they do not
affect the normal operations of the server and they are not
mentioned specifically below. Scripts that are commonly known
for causing server disruption include large CGI-based message
forums, auctions, and banner exchanges. In the event a script
affects normal server and/or administrative operations, OSD
reserves the right to disable the account pending client cooperation
and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly prohibited.
- Formmail is not allowed on our servers.
You can use formmail scripts but they must be up to date and
not running with the filename "formmail". Any files
named "formmail" will be deleted without notice.
Distribution and/or Transmission of Obscene or Indecent Speech
or Materials:
Violation of indecency and obscenity laws can result in criminal
penalties.
Intellectual Property Rights:
Material accessible to you through OSD's Services may be subject
to protection under United Kingdom (or any other country) 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 the OSD Service 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 OSD Network. If you use a domain name in connection with
the OSD Service 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 OSD 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. OSD will co-operate 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.
Defamation:
Defamatory speech distributed over the Internet can result in
civil liability for the defamer.
Refusal of Service:
OSD reserves the right at its sole discretion to refuse or cancel
service. Violation of any of OSD's Rules and Regulations could
result in a warning, suspension, or possible account termination.
Accounts terminated due to policy violations will not be refunded.
Free domains which have been granted for customers paying annually
are released to the customer at the end of there hosting period.
Domains terminated due to policy violations will not be released
to the customer.
Spam Or Unsolicited E-Mail:
You must not use the OSD Network, OSD equipment or any OSD email
address in connection with the transmission of spam, flames,
mail bombs, or substantially similar, unsolicited email messages.
Your domain may not be referenced as originator, intermediary,
or reply-to address in any of the above. This prohibition extends
to the sending of unsolicited mass mailings from another service
that in any way implicates the use of the OSD Network, OSD equipment
or any OSD email address. A message is considered unsolicited
if it is posted in violation of a newsgroup charter or if it
is sent to a recipient who has not requested or invited the
message. For purposes of this provision, merely making one's
email address accessible to the public will not constitute a
request or invitation to receive messages.
If you are found to have spammed, OSD reserves the right to
disable your domain without warning. In addition, OSD may impose
a €150 penalty for each spam policy violation. OSD solely
reserves the right to refuse or cancel service to known spammers.
Lastly, OSD reserves the right to determine what violates this
policy. As such, any violation may result in cancellation of
services without refund.
Abuse:
Any attempts to undermine, slander, libel, threaten, or cause
harm to a OSD server, customer, employee, or the company directly
is strictly prohibited and is grounds for immediate termination
without refund. In addition, we will pursue all attempts to
the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify, save and hold
OSD (or it's employee's/owners) harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
legal fees asserted against OSD, its agents, its customers,
officers and employees, 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 OSD against liabilities
arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with OSD server; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third
party and (3) copyright infringement. Customer agrees to limit
the liability of OSD to the amount paid for service.
Dedicated Servers:
There is an additional TOS agreement, which applies to dedicated server customers.
Free Domain Offer:
When this offer is being run and you have a valid promo code:
The terms & conditions for our free domain name offer are
plain and simple. We will register the domain name for 1 year
(2 years for .uk domains) on your behalf. All we ask is that
you stay hosting with us for a minimum of 3 months. If you decide
to leave before 3 months and you want to take the domain with
you we will only release it once you have paid our normal domain
registration fee. If you stay for 3 months or longer and then
decide to leave you are free to take the domain at no charge.
Refunds Policy:
You may cancel your account at any time before your billing date - giving 1 months written notice - after which we will cancel. A cancellation fee of €50.00 applies, should you cancel before the end of year.
All domain registration fees are non-refundable, in whole or
in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current
registration term.
We offer a no quibble "money back" guarantee - if
you are dissatisfied in any way with the hosting service provided,
you can request a refund of all monies paid for hosting services
only. Any other fees paid are non refundable. Domain registration
fees are not refundable under any circumstances.
Disclaimer:
OSD will not be responsible for any damages your business may
suffer. OSD makes no warranties of any kind, expressed or implied
for services we provide. OSD 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 OSD and its employees.
OSD makes no "uptime" guarantees.
OSD keeps backups of key server systems only and these backups
are not available for customer use. OSD can accept no responsibility
for any loss of data or consequences arising from this. OSD
always advises clients to back up their site data regularly
for their own protection.
OSD furthermore expects that its customers who provide hosting
services (resellers) to others will ensure its customers fully
comply with all applicable laws concerning the privacy of online
communications and any other policy of OSD. A customer's failure
to comply with those laws will violate this policy.
If a customer provides hosting services (resellers) to others
and decides to cancel their reseller hosting account with OSD
then OSD will not be responsible for maintaining hosting for
the resellers customers.
All communications (emails, verbal or written) are between OSD
and the client. These communications are private and are therefore
not to be shared with any other parties.
Finally, OSD wishes to emphasize that in accepting services,
customers indemnify OSD for the violation of any law or OSD
policy that results in loss to OSD or the bringing of any claim
against OSD. This means that if OSD is sued because of activities
of the customer that violate any law, or this policy, the customer
will pay any damages awarded against OSD, plus costs and reasonable
legal fees.
Failure to comply with any of our terms & conditions will
result in grounds for immediate account deactivation.
OSD reserves the right to change, edit or update the policies
contained in this document at any time for any reason without
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