Web Hosting Service Agreement

This Web Hosting Service Agreement ("Agreement") defines the terms under which Omnis Network, LLC provides web hosting service ("Service"). This Agreement is a binding contract between Omnis Network, LLC ("Omnis Network"), a California Limited Liability Company, and the individual or company ("Customer") defined on the order form when an order for service is submitted.
BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP"), AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. OMNIS NETWORK RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
The term of service is determined by Customer's selection on the order form during the order process or by Customer's request to Omnis Network's Customer Service Department ("Customer Service") to change to a different currently offered term. The term shall begin upon the processing of Customer's order, which may not necessarily coincide with the commencement of service, or upon completion of requested changes by Customer Service.
Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically for successive terms of length equal to the prior term.
Omnis Network may refuse to accept an order for service at its sole and exclusive discretion. Omnis Network provides no guarantee or assurance to the time in which a new order will be processed. Any fees charged to Customer for an order that was refused will be returned in full.
Customer authorizes Omnis Network to automatically bill and charge the credit card provided, if applicable, for each term unless service is terminated or cancelled by either party prior to the term's expiration. Customer acknowledges if using a payment method other than credit card, payment must be received prior to term's expiration to ensure uninterrupted service. Omnis Network may, at its sole discretion, suspend or terminate service without notice if Customer fails to provide payment for the new term.
If Customer initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed by Omnis Network for charges billed by Omnis Network for service, service will be immediately cancelled without notice. Reestablishment of service following a chargeback or similar action will require sufficient explanation for the action and payment of the disputed charge and Omnis Network's bank dispute fee. Omnis Network, at its sole discretion, will determine whether any explanation provided for a chargeback or similar action is sufficient.
Omnis Network may offer a money back guarantee for select new hosting service. If a money back guarantee is available for service, Customer must request cancellation of service within the time frame permitted by the guarantee and refund must be explicitly requested. If cancelling service in accordance with a Money Back Guarantee, any promotions received in combination with the service will not be fulfilled.This includes but is not limited to any domain name registration provided free of charge with hosting service. If cancelling an account in accordance with a Money Back Guarantee, the refund applicable will be reduced by any discounted or rebated domain name registration fees. If necessary to recoup the discount or rebate provided for a domain name registation, the credit card provided for the service may be charged.
Omnis Network reserves the right to cancel service at any time without notice and without refund upon breech of any Agreement, violation of our Acceptable Use Policy, or violation of any rule or policy.
Customer can voluntarily cancel service at any time by contacting Customer Service. Customer agrees that authorization information in the form of the user account username and password or the current active billing credit card number must be provided for a cancellation request to be processed. Cancellation requests without proper authorization will not be processed. Omnis Network is not responsible for charges billed to Customer following a cancellation request received without proper authorization.
Customer acknowledges, upon cancellation of service, that content including but not limited to web site files, database data, and email stored under space allocated for Customer's service may be deleted at any time following cancellation.
Customer agrees, upon cancellation of service, that Omnis Network will not automatically refund any service fees. Customer must request a refund for any unused service fees by contacting Customer Service. Upon request, a prorated refund for the unused term will be issued through the same method with which the service fee was collected.
An Acceptable Use Policy ("AUP") is in effect for hosting service. Any violation of the AUP may result in the immediate cancellation or suspension of any or all service without warning.
Customer acknowledges that the real-time resources allocated for hosting service are dynamically allocated based on the amount of overall resources used by Customer. Real-time resources include but are not limited to bandwidth, MySQL connections, email connections, web server CPU, and web server RAM. Real-time resources may be affected by things such as, but not limited to, bandwidth and disk space used, the number or size of configured email accounts, the number of web sites configured under hosting service, or the number of or activity on connections to MySQL databases.
Omnis Network uses Network-attached storage devices to store Customer's files. The nature of this type of storage requires that Omnis Network limit the number of files Customer can store with the hosting service to prevent exhaustion of the total number of files permitted on the storage device. This limit is 81920 files. Customer acknowledges that this limit exists for all hosting service and can not be adjusted.
The hosting service provided to Customer includes email service. Customer acknowledges that email is not an instant message service and email delivery may be delayed by many factors beyond Omnis Network's control.
Omnis Network employs various techniques to hamper unsolicited email and virus dissemination through email. Customer acknowledges that some of the techniques may prevent receipt of email from some senders. Omnis Network can assist in determining the cause of the failure but it is the sender's responsibility to resolve the condition that caused the failure. Customer agrees that Omnis Network is not responsible and will not be liable for any outcome related to the failure to receive an email.
Email accounts provided by Omnis Network may not be used for permanent archival of email messages. Omnis Network may, at its sole discretion, suspend an email account if the email account's disk usage is abusive or grossly exceeds the normal usage of other customers or detrimentally affects the service of other customers in any way.
Email accounts have a per mailbox limit of 2 gigabytes and 10,000 email messages, whichever comes first. Once that limit is reached, messages destined for the affected mailbox will be refused by inbound mail systems using industry standard methods.
Email messages stored in folders of an email account meant to hold deleted messages or messages marked as spam will be purged. Messages older than 7 days in folders meant to hold deleted messages will be deleted. The folders defined by Omnis Network to be intended to hold deleted message are 'Trash' and 'Deleted Items'. Messages older than 14 days in folders meant to hold messages marked as spam will be deleted. The folder defined by Omnis Network to be intended to hold messages marked as spam is 'Spam'.
Customer acknowledges that email accounts left dormant will be removed. Omnis Network considers an email account dormant that has not been accessed for a period of 6 months following prior usage or that has never been accessed for a period of 90 days since creation. Customer agrees that when an email account left dormant is removed the email stored in association with the dormant email account will be deleted. Customer agrees that Omnis Network is not responsible and will not be liable for any content lost when a dormant email accounts is removed.
Omnis Network acknowledges that the data stored in support of hosting service, including but not limited to web site files, email messages, web site logs, and database content, is confidential. Omnis Network will never willfully access, review, or disseminate stored data unless necessary to provide customer service and troubleshooting, in reviewing for policy compliance, when administering hosting services, or in response to a subpoena, search warrant, or court order.
Omnis Network uses industry standard practices to protect stored files, email messages, web site logs, database content and any other data stored for support of a hosting account. Omnis Network makes no guarantee to the security of applications installed by Customer including but not limited to third party applications installed through the Account Manager. Customer acknowledges they are solely responsible for the security of all applications installed by Customer even if the installation was facilitated through the Account Manager.
Customer acknowledges that the Internet is a volatile environment and Omnis Network is not liable for confidential information stored by applications installed by the Customer. Customer must take all appropriate precautions to secure confidential or sensitive information including encrypting if Customer deems necessary. Customer acknowledges they are solely responsible for ensuring the security of stored data and agrees that Omnis Network is not liable for release of stored data.
Omnis Network provides the option for Customer to enable and use tools to generate web site statistics for a hosted web site. The web site statistics will be generated automatically based on the web server activity associated with the hosting service. Omnis Network makes every attempt but does not guarantee to provide web site statistics on a daily basis. Customer acknowledges that the analysis of web site statistics is a system intensive process and the analysis may occasionally run behind. Customer agrees to hold Omnis Network harmless against claims related to delayed web site statistics analysis.
Omnis Network provides the option for Customer to be provided with raw log files containing the web server activity associated with a hosted web site. Log files will be written periodically to a directory unique to each hosted web site. Omnis Network makes every attempt but does not guarantee to provide log files on a daily basis. Customer acknowledges that the creation of the log files may occasionally run behind schedule. Customer agrees to hold Omnis Network harmless against claims related to delayed access to log files.
To preserve disk resources, logs files will be deleted on a periodic basis. Customer is solely responsible for obtaining the log files prior to deletion. Omnis Network is not liable for logs files not retrieved by Customer prior to periodic deletion.
Customer acknowledges that web site construction and management is Customer's responsibility. Omnis Network is not responsible for web site management or files lost or damaged by Customer. Omnis Network recommends that Customer maintain backups of content outside of space associated with hosting service.
Omnis Network maintains system backups that are intended only to recover from system failure. The system backups are not intended for restoration of files to individual sites. A fee of $100.00 may be charged should Customer require any files from system backups. Omnis Network does not guarantee that the files contained in the system backup are the most recent copies for a given site. System backups are available for at most 6 days.
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