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Terms of Service

These Terms of Service (“TOS”) of ONeil Online (“oneilonline”), cover all brands by and from ONeil Online. These are, but not limited to, Intrinsic Technologies, Watta Server, and Oorah Gaming. All these brands are covered by these terms provided as and by ONeil Online. This Terms of Service govern the services, servers, other devices, and IP addresses provided, managed, or assigned to you by oneilonline (collectively, “Services”), as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) accepted by you. No terms or conditions different from those contained herein shall apply unless separately agreed with oneilonline. You must register and accept this TOS in order to use the Services. oneilonline may modify this TOS at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on http://www.oneilonline.com. BY REGISTERING FOR, USING THE SERVICES, MAKING PAYMENTS AND TRANSACTIONS FOR SERVICES AS STATED ON THE INVOICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE Terms of Service, Service Level Agreement AND THE Acceptable Use Policy, AND AGREE TO BE BOUND BY THE Terms of Service, Service Level Agreement, AND THE Acceptable Use Policy.

oneilonline is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition, as outlined in the Terms and Conditions (TOS), will be grounds for immediate account deactivation without notice, and may be subject to fines. oneilonline will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension, cancellation, or deactivation of an account will result in a forfeiture of all fees paid, this includes any "Money Back Guarantee". Complaints made regarding abuses of an account will be investigated and/or reviewed, and if found guilty will be grounds for immediate suspension and/or termination, all payments made become completely non refundable.

To report suspected abuses or any violations of these policies, please contact Support


Unacceptable Usage / Content

oneilonline strictly abides by the Digital Millennium Copyright Act. oneilonline servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation, city, state, county, providence, country, or otherwise, is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual and/or creative property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links are listed below. The subscriber to oneilonline service agrees to indemnify and hold harmless oneilonline from any claims resulting from the use of the service that damages the subscriber or any other party. Any account found to contain these types of materials is also in violation of the "Money Back Guarantee", meaning they will not recieve their money back for services paid.

The following are a list of unacceptable content as it pertains to the above paragraph:

pirated software
warez
hacker programs or archives
viruses
spam
BitTorrent files or trackers
spyware
IRC, IRC bots

The above list is not exact or limited to, and is open to ajustment. The list also encompasses anything related.

oneilonline will be the sole arbiter as to what constitutes a violation of this provision.


Chat Rooms

oneilonline does not allow third party chat sessions, scripts, and/or programs.

Adult Content

Legal Adult Content is allowed. Content that is deemed by oneilonline to "look" under 18 years of age will be prohibited. The client's city, state, federal, or country laws apply.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a oneilonline server or using an email address that is maintained on a oneilonline machine is STRICTLY prohibited. oneilonline adhers to the CAN-SPAM Act, and will take strict measures to ensure it is enforced. oneilonline will be the sole arbiter as to what constitutes a violation of this provision. Every new order and service is checked and monitored for spammers. If you have a history of spamming with other providers your order will be cancelled. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a oneilonline server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. oneilonline does not permit, conduct, or allow any spam.

Multimedia Files

oneilonline strictly abides by the Digital Millennium Copyright Act. Multimedia files are defined as any graphics, audio, and video files. oneilonline hosting services are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 80% of its total usage, either in terms of total size or number of files, may be considered to be using an unusual amount of multimedia files. It may only permited on a case by case basis.

Security

Violations of system or network security up or down stream are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, server, 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 email or a newsgroup posting. oneilonline Servers are monitored 24/7 and all activity is logged.

"Unlimited" Services

Our unlimited features, like unlimited storage, unlimited bandwidth, unlimited email accounts, etc means that when your website becomes popular you don't have to worry about these features having limits. Please reference: What does Unlimited mean?

But, for example, if your website isn't well optimized and is causing issues for others on the shared hosting plan by hogging up cpu or memory resources, you may be asked to upgrade to a dedicated server. Or if your dedicated server has a very high peering resource request, you may be null routed until the issue is resolved.

Please review our Acceptable Use Policy (AUP) to ensure your hosting a legitimate website and/or services. Sites whose essential purpose is to use storage or bandwidth, like a free porn site, video trading forum, or pirated software and movies, this unlimited feature is not for you and a violation of this agreement.

Server Resource

Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra for a dedicated server / semi-dedicated server (which depends on the resource needed) or reducing the resource used to an acceptable level. oneilonline shall be the sole arbiter of what is considered to be a high server usage level. Initially, an account will be suspended, to ensure the attention needed to resolve the issue. A repeat offense will result in suspension, then account termination, order of which depends on severity of the issue.

Background Running Programs

oneilonline does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

Backups

oneilonline performs daily backups on all servers to ensure critical files are never lost. oneilonline is NOT responsible for your backups. We are NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data. The backups conducted by oneilonline, if available, may only be used as a "last ditch effort" to recover your data, and only permitted on a case by case basis.

Client Responsibility

The client is responsible for all activity originating from the account and/or service. The client is responsible for securing their username and password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of oneilonline service 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 the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of oneilonline to provide this knowledge or support outside matter specific to oneilonline servers.

Resellers

oneilonline Reseller Packages must abide by the package limitations. No additional bandwidth and/or storage space is permitted unless stated in the package. The reseller storage space and bandwidth is included in the package. Overselling is not allowed. Resellers have complete responsibility of their clients and or those hosted within their reseller program. This includes, but is not limited to, payments, support, pricing, and/or client related packages. In the case that the reseller clients contact oneilonline for support issues, suspension/termination the client will be referred to the reseller, so that the reseller is the middle arbitrary. Third party payment/invoice processing is allowed, a couple of these types of online programs are available via Fantasico. All clients of the reseller program must abide by the Acceptable Use Policy (AUP) and the Service Level Agreement (SLA). oneilonline reserves the right to suspend and/or terminate either the reseller or client at any time, with or without notice, due to violation(s) on the AUP or SLA. Currently there are no discounts for multiple resellers and/or clients.

Server abuse

Any attempts to undermine or cause harm to a oneilonline server or customer of oneilonline is strictly prohibited.

Any sub-networks of oneilonline and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Domain Names

oneilonline will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. oneilonline does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. All domains are governed by Internet Corporation for Assigned Names and Numbers (ICANN).


Actions Taken by oneilonline

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. oneilonline will be the sole arbiter as to what constitutes a violation of the TOS, AUP or SLA. oneilonline reserves the right to remove any account without prior notice.

When oneilonline becomes aware of an alleged violation of its TOS or AUP, oneilonline will initiate an investigation. Notification to the customer of the violation may or may not occur depending on the severity. Notification is sent via an Abuse Support Ticket. Depending on the severity, the customer has 24-48 hours to respond and resolve the issue, if no response is recieved the service may be suspended and/or terminated immediately for violation of the TOS and AUP. During the investigation, oneilonline may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, oneilonline may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, oneilonline will notify the appropriate law enforcement authorities of such violation.

oneilonline does not issue credits for outages incurred through service disablement resulting from TOS or AUP violations. Any account found in violation, forfeits their "Money Back Guarantee", meaning they will not receive their money back for services paid regardless of duration.

oneilonline customers agree to indemnify and hold harmless oneilonline from any claims resulting from the use of our services that damages them or any other party. The oneilonline service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. oneilonline expressly disclaims any representation or warranty that the oneilonline service will be error-free, secure or uninterrupted. No oral advice or written information given by oneilonline, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. oneilonline and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

oneilonline reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Refusal Of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion within human reason.