Policies
- Service Contract
OZCORNERS is a Web Hosting Reseller. Users of our services are subject
to compliance with the terms and conditions set forth below. Under the
terms of this agreement, your placement of information on OZCORNERS's
host provider's servers is an acknowledgement that you have read and
understood this agreement, and that you agree to be bound by the terms
and conditions below. If you do not wish to be bound by these terms and
conditions, you should not proceed to place any information of any kind
on OZCORNERS's host provider's servers.
1. USER CONDUCT
OZCORNERS's services may only be used for lawful purposes. Any use of
these services which violates any local, state, federal, or
international laws which may apply to OZCORNERS, your local
jurisdiction, or any jurisdiction that you or your site may be subject
to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying the
Internet;
B. Post or transmit any unlawful, threatening, abusive, libellous,
defamatory, obscene, offensive, indecent, pornographic, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offence, give rise to civil liability, or
otherwise violate any local, state, federal or international law,
including without limitation the U.S. export control laws and
regulations, and laws protecting intellectual property including
copyright, trademark, trade secret, misappropriation and anti-dilution
laws;
C. Post, publish, transmit, reproduce or distribute any information or
software which contains a virus or other harmful component;
D. Post, publish, transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained through the
service for commercial purposes (other than as expressly permitted by
the provider of such information, software, or other material);
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OZCORNERS from any
and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
OZCORNERS, or any other party or parties without limitation or
exception. This indemnification and hold harmless agreement extends to
all issues associated with your account, including but not limited to
domain name selection and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
OZCORNERS reserves the right to refuse or discontinue service to anyone
at OZCORNERS's sole discretion. OZCORNERS may deny you access to all or
part of the service without notice if you engage in any conduct or
activities that OZCORNERS in its sole discretion believes violates any
of the terms and conditions in this agreement. OZCORNERS shall have no
responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any
consequences resulting from such discontinuance or lack of
notification. You agree that OZCORNERS has the right to monitor the
service electronically from time to time and to disclose any
information as necessary to satisfy the law, or to protect itself or
its subscribers. OZCORNERS reserves the right to refuse to post or to
remove any information or materials, in whole or in part, that, in its
sole discretion, are unacceptable, undesirable, or in violation of this
agreement.
4. NO WARRANTIES
OZCORNERS makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title, no
infringement, or implied warranties of merchantability or fitness for a
particular purpose. No advice or information given by OZCORNERS or its
agents or employees shall create a warranty. OZCORNERS provides no
warranty that the service will be uninterrupted or error free or that
any information, software or other material accessible on the service
is free from viruses or other harmful components. Under no
circumstances shall OZCORNERS be liable for any direct, indirect,
special, punitive, or consequential damages that result in any way from
your use of or inability to use the service, or for third parties' use
of the service to access your Web space, or to access the Internet or
any part thereof, or your or any third parties' reliance on or use of
information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are dissatisfied
with OZCORNERS service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive remedy is
to discontinue using the service.
You understand that by placing information on OZCORNERS's host
provider's servers that such information becomes available to all
Internet users and that OZCORNERS has no way of limiting or restricting
access to such information or protecting such information from
copyright infringement. You assume total responsibility and risk for
your use of OZCORNERS's host provider's servers and the Internet. It is
solely your responsibility to evaluate the accuracy, completeness, and
usefulness of all opinions, advice, services and other information, and
the quality and merchantability of all merchandise provided through
OZCORNERS or on the Internet generally.
5. ECPA NOTICE
OZCORNERS reserves the right to monitor any and all communications
through or with our facilities. You agree that OZCORNERS is not
considered a "secure communications medium" for the purposes of the
ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of our
services are at least 18 years of age. You agree to supply OZCORNERS
with a current and truthful name, postal address and telephone number
for our records, and you have a continued obligation to keep this
information current.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper
operation of the system, including but not limited to defeating
identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality
of service for other customers. You further agree not to interfere with
the proper operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to follow the
Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by
OZCORNERS, including restrictions on services available, restrictions
on certain features, and all other policies designed to protect and
enhance the quality and reliability of service at OZCORNERS. You agree
to abide by any and all future OZCORNERS policy decisions.
8. SECURITY
You agree that if any security violations are believed to have occurred
in association with your use of our services, OZCORNERS has the right
to suspend access to the service pending an investigation and
resolution. You also agree that OZCORNERS has the right to cooperate in
any government or legal investigation regarding any aspect of our
services, including services sold to you. Any use of our system to
engage in software piracy or other violations of law will result in
service suspension and be immediately reported to the appropriate
authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. OZCORNERS is not
responsible for files and data residing on the hosting servers. You
agree to take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on OZCORNERS
host provider's servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or
other harassing or illegal materials through electronic mail, Usenet
postings, or other Internet media. The use of OZCORNERS or any other
service with reference to services obtained through OZCORNERS, for
unsolicited mass mailings, postings, or other activities considered an
annoyance to others, commonly referred to as "spamming" is strictly
prohibited and may cause your services to be terminated immediately and
without warning and you will be held fully responsible for any damages
to you, OZCORNERS, or any other party or parties resulting from any
such conduct.
11. PAYMENT
You agree to supply appropriate payment for the services received from
OZCORNERS, in advance of the time period during which such services are
provided. You agree that all setup fees are non-refundable once setup
is completed. You agree that until and unless you notify OZCORNERS of
your desire to cancel any or all services received, those services will
be billed on a recurring basis. OZCORNERS agrees that pro-rated refunds
for unused time periods will be provided upon request, in the event of
service termination.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral
communication you may have had with OZCORNERS or any agent or
representative thereof, and constitutes the complete and total
agreement between the parties.
13. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and
effect and said provision shall be reformed only to the extent
necessary to make it enforceable.
14. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on
OZCORNERS's host provider's servers you are stating and acknowledging
that you have read the aforementioned terms and conditions and that you
understand such terms and conditions and agree to be bound by them.