This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service ("TOS") of Online Data Solutions, LLC (the "Company") doing business as ODSOL.com, governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within.

Customer agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by the Company, that you are agreeing to be bound by the terms herein outlined. No modifications of said contract by customer is allowed. Questions or comments regarding this document should be forwarded to the Company at the following address legal@odsol.com.

The following are guidelines for the establishment and enforcement of the Terms of Service:

-Ensure reliable service to our customers
-Ensure security and privacy of our systems and network, as well as the networks and systems of others
-Comply with existing laws
-Maintain our reputation as a responsible service provider
-Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
-Preserve the value of Internet resources as a conduit for free expression and exchange of information
-Preserve the privacy and security of individual users

If Customer violates these Terms of Service, the Company reserves the right to terminate Customer's service without notice. The Company may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

1. Prohibited Uses of Services and Products

Customer may only use Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

1.1 General

1.1.1. Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. The Company reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

1.1.2. Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

1.1.3. Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

1.2. System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

1.2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).

1.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

1.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.

1.2.4. Circumventing user authentication or security of any host, network or account.

1.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

1.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

1.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

1.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

1.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.

1.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.

 

1.3. Prohibited Scripts and Programs:

The following scripts are banned because they are either resource hogs or harmful:

IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
Any soap mailers
Auto email capturing script
SafeLists
formmail.pl - Please use provided formmail script!
Shell Scripts and Shell Alternatives

2. SPAM and Unsolicited Commercial Email (UCE) Policy:

The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use our the company's network to transact in UCE. Reseller of the Company may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, the Company may restrict customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, the Company may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. the Company will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $50 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Customer's account. PLEASE, DO NOT SPAM from your account.

3. Customer Responsibility:

3.1. Customer is solely responsible for the content stored on and served by the Company's server.

3.2. Customer must provide the Company with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

3.2. Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.

3.3. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.

4. Payments and Fees:

Establishment of this service is contingent upon receipt of payment from Customer to the Company. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $20.00 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by the Company will be turned over to an outside agency for collection. If Customer's account is turned over for collection, Customer agrees to pay the Company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)

T he Company may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

5. Suspension of Service or Cancellation:

The Company reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrators the Customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.

The Company reserves the right to amend its policies at any time. All users and resellers of the Company must adhere to the above policies. Failure to follow any term or condition will be grounded for immediate Cancellation. Customer will be held responsible for the actions of Customer's clients in the matter described on these TOS. Therefore, it is in your best interest to implement a similar or stricter Terms od Service or otherwise called Acceptable Terms of Use Policy.

6. Money Back Guarantee

Every shared hosting account ordered from the Company comes with a 45 Day Money Back Guarantee. In the event that Customer wish to cancel Services or Products within 45 days of placing the order, the Company will refund all fees paid to Customer.

To take advantage of this guarantee, send an email to services@odsol.com within 45 days of order date. Although not required, the Company would appreciate knowing the reasons why Customer has decided to cancel Services or Products. The email MUST BE SENT BY THE EMAIL ID AND NAME LISTED AS THE ACCOUNT ADMINISTRATOR (email ID and Name used to set up the account)!

Please note that cancellations at any other time will receive a pro-rated refund for pre-paid but unused time. Domain name registration fees, over-usage fees for disk space and bandwidth and dedicated server rental fees are nonrefundable.

7. Indemnification:

The Company wishes to emphasize that in agreeing to the Terms of Service, Customer indemnifies the Company for any violation of the Terms of Service that results in loss to the Company or the bringing of any claim against the Company by any third-party. This means that if the Company is sued because of a Customer's or a customer of a Customer's activity, Customer will pay any damages awarded against the Company, plus all costs and attorney's fees.

8. Miscellaneous Provisions:

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of the Company. The Company may assign Agreement at anytime without consent from or notice to Customer. The Company reserves right to cancel Customer rights under this contract at anytime without further obligation.

The Company takes no responsibility for any material input by others and not posted to the Company Network by the Company. The Company is not responsible for the content of any other websites linked to the Company; links are provided as Internet navigation tools only. The Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of its services. The Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.

9. Revisions to the TERMS OF SERVICE

The Company reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by the Company and published here.