The policies and guidelines expressed herein supplement the rights and obligations
of the parties under the Service Agreement for hosting services. This document establishes
operating principles and acceptable use policies as they relate to the Customer's
use of the Internet and the connection/services provided by
Online Solutions And Innovation, Inc.
(OSAI) to the Customer under the Service Contract Agreement.
- SERVICE DESCRIPTION
-
OSAI
provides dedicated virtual servers that are integrated into the Internet and ...
-
OSAI
provides abovementioned servers as mail exchangers that receive inbound email for
it's customers and ...
-
OSAI
provides disk storage for document storage that is accessible via internet file
transfer protocols and ...
-
OSAI
provides streaming services for multimedia content that is made available via the
internet and ...
- retains judgment as to what refund if any is applicable in the event of a cancellation
of service ...
- SERVICE USAGE
- Legal Parameters: This service may be utilized only for lawful purposes, and the
usage of the service in connection with or adjunct to any matter or thing which
violates any foreign, municipal, state, county or federal statute or regulation
is prohibited. Client agrees to indemnify and hold harmless
OSAI
from and against any and all claims, actions, causes of actions, administrative
or government action, losses or damages (including legal fees and expenses) arising
from the usage by client.
- Unilateral Service Revocation: In the event that
Online Solutions And Innovation, Inc.
(OSAI), at any time, believes that the service is being
utilized by the client in contravention of and of the terms and conditions listed
and/or accessible via links from the terms and conditions pages (/Terms/)
Online Solutions And Innovation, Inc.
(OSAI) may, at its sole discretion, immediately discontinue
such service to client, without liability other than for the refund of unearned
prepaid service fees.
- Any references on your sites that refer to "Hosted By",
"Powered By", "Provided By",
or any other term that refers to the storage, authentication, or content delivery
system for web site, Sharepoint™ Site MUST name
OSAI
at http://www.osai.com/ as the sole provider
for said service. If you are using an external web developer that wishes to advertise
services on your site, then they may use the terms "Designed By",
"Created By", or any other term that denotes content
authoring and does not include storage, authentication, or and/or delivery of said
content. Violation of this policy is fraudulent advertising and will be reason to
suspend the author from editing content on our servers and removal of the fraudulent
advertising from the site.
- NO WARRANTIES
With respect to the service to be provided hereunder, client acknowledges that
Online Solutions And Innovation, Inc.
(OSAI) makes absolutely no warranties whatsoever, express
or implied, including warranty of merchantability or fitness of this service for
a particular purpose. As a result, client agrees that
Online Solutions And Innovation, Inc.
(OSAI) shall not be liable to client or any of its customers
for any claims or damages which may be suffered by client or its customers, including,
but not limited to, losses or damages of any and every nature, resulting from the
loss of data, inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries, or service interruptions
whether or not caused by the fault or negligence of
Online Solutions And Innovation, Inc.
(OSAI). Client hereby agrees to indemnity and hold harmless
Online Solutions And Innovation, Inc.
(OSAI) from any and all claims of whatever nature brought
by any of client’s customers against
Online Solutions And Innovation, Inc.
(OSAI).
- USE OF INFORMATION
The utilization of any data or information received by client or its customers from
the utilization of the service to be provided by
Online Solutions And Innovation, Inc.
(OSAI) is at client and its customer's sole and absolute
risk.
Online Solutions And Innovation, Inc.
(OSAI) specifically disclaims and denies any responsibility
for the completeness, accuracy or quality of information obtained through the services
to be provided hereby.
- DOMAIN NAME
If
Online Solutions And Innovation, Inc.
(OSAI) shall acquire an Internet Domain Name on behalf
of the client, then in such case the client hereby waives any and all claims which
it may have against
Online Solutions And Innovation, Inc.
(OSAI) for any loss, damage, claim or expense arising out
of, or in relation to, the registration of such Domain Name in any on-line or off-line
network directories, membership lists or registration lists, or the release of the
Domain Name from such directories or lists following the termination of services
by
Online Solutions And Innovation, Inc.
(OSAI) for any reason. Any costs of
Online Solutions And Innovation, Inc.
(OSAI) in obtaining or maintaining a domain name for client
shall be immediately reimbursed to
Online Solutions And Innovation, Inc.
(OSAI) upon invoice from
Online Solutions And Innovation, Inc.
(OSAI) to client.
- SERVICE FEES AND INVOICING
- Client shall pay the fees for initial service prior to the commencement
of said service. Thereafter, client shall be invoiced for services on a
month by month basis, at the beginning of each month of service. Invoices are due
upon receipt, and may be paid online via the link on your invoice, or by sending
a check or money order to the billing address listed on the invoice. Invoices that
remain unpaid for a period of 30 days are considered PAST DUE and customers that
have invoices that remain unpaid for a period 45 days will result in a discontinuation
of service until said invoice is paid and a $25.00 USD re-activation fee is paid.
The indemnification and limits of liability provisions of paragraphs 2 and 3 shall
survive any such termination. Upon payment of the charges due hereunder,
Online Solutions And Innovation, Inc.
(OSAI) may, at its sole discretion, reinstate service,
at which time all terms and conditions of this contract shall continue in full force
and effect.
- Additional fees, if applicable, will be billed as those services
are rendered. Payment for all invoices are due upon receipt and "PAST DUE"
after 30 days time. These fees are applicable for additional services including
but not limited to disk space, data transfer, streaming services, logon accounts,
and other products and services.
- CREDIT TERMS
- Client shall have available the payment plans detailed within this site.
- Additional Terms
- All support inquiries must be initiated via the helpdesk portal at
http://helpdesk.osai.com.
- If the customer is unable to initiate a request via the helpdesk portal, the customer
must send email to the
OSAI
Technical Support Alias from the Contact Page.
- In the event that this fails, the customer must call their regional support number
(listed on the Contact Page).
- Upon reviewing the support request,
OSAI
will make a diligent effort to resolve any problem caused by ill behaving or malfunctions
services provided by
OSAI
. 's hardware or supporting software.
- Only after attempted submission of a support request via the helpdesk portal and
after email inquiries have failed, will
OSAI
provide support via telephone.
- CANCELLATIONS
Any cancellation of services must be requested by calling the
Online Solutions And Innovation, Inc.
(OSAI) office telephone or email Cancellations@OSAI.com.
All email cancellations must come from the email address of the account holder on
record.
Online Solutions And Innovation, Inc.
(OSAI) will respond with a written confirmation via email
that the cancellation request has been received and processed. This procedure is
designed to protect our customers against unauthorized cancellation of service via
email.
- SCOPE OF AUTHORITY
- Client has no authority, apparent or otherwise, to contract for, or on behalf
of, or in any other way legally bind
OSAI
in any fashion
- Customer is is not authorized to make any representations about
OSAI
or its services other than to reiterate information as outlined in this agreement
and outlined on the
OSAI
public website.
- CHANGES IN TERMS OF AGREEMENT
-
OSAI
reserves the right to make changes to any and/or all terms and conditions without
prior notice.
- Notification of changes in terms and conditions will be sent monthly via electronic
mail with your invoice.
- Changes in monthly service fees shall become effective only at the end of any
calendar month for which client has prepaid for the respective services.
- Utilization of the service by the client and/or its customers following the effective
date of such change shall constitute acceptance by client of such change(s) in terms.
- DISPUTES
- Venue: Should any dispute arise under the terms of this contract, the parties
agree that venue for resolution of said dispute shall be The District Court of Hunt
County, Texas.
- Venue: Should any dispute arise under the terms of this contract, the parties
agree that venue for resolution of said dispute shall at the discretion of
Online Solutions And Innovation, Inc.
- Attorney's Fees and Expenses: Should any legal action be instituted to enforce
the terms and conditions of this agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees and expenses incurred at both the trial and
appellate levels.
- ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents
the complete and entire understanding of the parties with respect to the subject
matter of this agreement. This instrument supersedes any other agreement or understanding
between the parties, whether written or oral. In the event that any term or provision
of this instrument is held by a court of competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument and the agreement which it evidences,
shall remain in full force and effect.
General
The Internet is a voluntary association of users interested in and willing to exchange
information and data with other Internet users. At present there is no oversight
group providing governance over the principles, policies or procedures for use of
the Internet or the information and data accessed via the Internet.
In order to facilitate their contractual relationship the Customer and
Online Solutions And Innovation, Inc.
(OSAI) wish to define a working protocol of principles
and policies and establish operating guidelines and acceptable standards of use
of the Internet.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect - The Internet is a network intended
for use by mature, adult users. The Customer recognizes this principle and undertakes
at all times to act with respect, courtesy and responsibility, giving due regard
to the interests and rights of other Internet user groups. This general guideline
carries with it the following specific responsibilities:
- Knowledge of the Internet - The Customer agrees to obtain a basic
knowledge of the Internet and its operating principles and procedures.
- Improper Uses - The Customer will avoid violation of certain generally accepted
guidelines on Internet usage such as restrictions on mass mailings and mass advertisements,
pirating or copying of software, mail bombing or other methods of attempting to
deny service or access to other users, and attempts to violate security.
Online Solutions And Innovation, Inc.
(OSAI) strictly prohibits Unsolicited Commercial Email
(UCE), also known as "spam". This includes using our network to distribute unsolicited
bulk email from your site on our servers or using any outside network to send bulk
email advertising your site on
Online Solutions And Innovation, Inc.
(OSAI) servers.
Online Solutions And Innovation, Inc.
(OSAI) will terminate any account that receives three complaints
of unsolicited email within a one month period, and no refund will be issued for
unused service.
- Compliance with Laws - The Customer will ensure that its use
of the Internet complies with all applicable federal, state and local law and regulation,
including but not limited to those principles of law which protect against compromise
of copyrights, trade secrets, proprietary information and other intellectual property
rights, libel or defamation of character, invasion of privacy, tortuous interference,
and export of technical or military data to prohibited countries.
- Validation of Information - The Customer is responsible for validating
the integrity of the information and data it receives or transmits over the Internet.
- Security - The Customer is required to protect the security of
its Internet account and usage. The Customer(s) password will be treated as private
and confidential and not disclosed to or shared with any third parties.
- Discretion and Judgment - The Customer is expected to use discretion
in the treatment and handling of Internet information and data and to take particular
care to insure that adult information is not transmitted to juvenile users of the
Internet.
- Pornography - Due to legal and social issues, we will not accept
any new customers who publish pornographic images. If an existing customer publishes
pornographic images,
Online Solutions And Innovation, Inc.
(OSAI) may issue a warning and/or suspend your account.
Regardless of account status, pornography will be removed form the server upon our
discovery of it.
- Excessive CPU usage - Customers will not be allowed to use excessive
amounts of CPU processing on any of our servers or face immediate suspension. For
example: 1) auto-responders which cause excessive amount of requests on our server(s).
2) email bombs. 3) re-selling CGI access to other 3rd parties.
