TERMS OF SERVICE?
TERMS OF SERVICE
This policy
represents the Ouriran.com Terms of Service in its entirety and supercedes
any other written or oral policy. This policy defines the terms of service
all customers agree to when they sign-up for hosting services with
Ouriran.com. Ouriran.com reserves the exclusive right to revise, change or
revise any portion of this Policy at any time, without advance notice to
customers.
Customers
using any services offered by Ouriran.com permission to be bound by and must
comply with all policies in this Term Of Service. At the sole discretion of
Ouriran.com, any violators of this Term Of Service may have their services
cancelled without refund and/or, if deemed appropriate, be legally
prosecuted.
General
Provisions
In consideration for Ouriran.com maintaining one or more accounts (each
"Account"), you agree to the following terms of service.
Disclaimer of Warranty
Ouriran.com offers a 99.9% uptime guarantee. This is valid for only the
connection. Ouriran.com will pursue all resources and channels available to
maintain maximum uptime; however, Ouriran.com is not responsible for any
down time caused by client's error.
Client Content
Client agrees that WebPages and files uploaded to servers will not
contravene any province, federal or foreign laws or regulations; violate on
any intellectual property rights of Ouriran.com. Newsgroup spamming, illegal
content, child porn or links to such sites, copyrighted MP3, copyright
breach, trademark infringement, cracks, software serial numbers. Ouriran.com
will be the sole and final authority as to what constitutes a violation of
this policy. Ouriran.com does not normally monitor the contents of clients
servers, however if suspicion occurs, Ouriran.com has the right to
investigate and terminate the clients subscription to the service.
Bandwidth
and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of
megabytes per month for the Services ordered by Customer. Ouriran.com will
monitor Customer's bandwidth and disk usage. Ouriran.com shall have the
right to take remedial action if Customer's bandwidth or disk usage exceeds
the Agreed Usage. Such remedial action may include the assessment of
additional charges or disconnection of any and all Services, or termination
of this Agreement, which actions may be taken is in Ouriran.com sole and
absolute discretion. If Ouriran.com takes any corrective action under this
section, Customer shall not be permitted to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds the
included allocation, Ouriran.com may, at its sole discretion, collect a
deposit, in an amount determined by Ouriran.com, against customer's credit
card.
Excessive
Resource User Policy:
Resources are defined as bandwidth and/or processor use. A website is
considered using excessive amounts of resources for longer than 60 seconds.
There are frequent problems that could cause such problems, this includes:
cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of
bandwidth is also considered "excessive resources". This policy is only
implemented in extreme circumstances and is intended to prevent the misuse
of our servers. The client who uses "excessive resources" will be asked to
upgrade the package to one of our higher level package.
False
Information
Client agrees not to post false or inaccurate information to news groups in
violation of the news group’s rules and regulations. If any news groups or
service provider contact Ouriran.com concerning immoral, false or unlawful
activities by you, Ouriran.com reserve the right to terminate your service
without notice.
Spam
Policy
Ouriran.com strictly prohibits the use of their servers to send or relay
SPAM. If any domain hosted by Ouriran.com participate SPAM, will be
cancelled immediately and all access to Ouriran.com will be terminated.
Licensed
Software Only:
Client agrees to use only properly licensed third party software in
connection with Client's use of the Services.
Back-Up Files:
Managed services enjoy a redundant tape back up system that is saved daily
to ensure up-to-date files. In the event of a data loss at the users fault,
there is a fee to restore your site.
Payment Obligations: Full payment is required in advance before
hosting service is established. Ouriran sends out invoices that are due
every pay period. You are given fifteen (15) days to fully pay the invoice.
We do not automatically charge your credit card. All payment-due notices
will be sent by e-mail. No bills or invoices will be sent by postal mail or
fax. If payment was not received by the due-date, your account will be
suspended. To have your account re-established, you will need to pay the
monthly fees.
Renewals: Your account will be automatically renewed under the same
time and fee structure unless you give written notice to Ouriran.com thirty
(30) days before the renewal date that you do not wish to renew such
account.
Cancellation & Refunds: Should you become unsatisfied with our services
within the first 30 days of your account activation, Ouriran.com will refund
your hosting fee subject to the money back guarantee terms listed in this
agreement. Refunds are not available for pre-paid accounts and after the 30
days of account activation. You may however cancel your account at any time.
You will need to contact customer service and verify information before
cancellation takes place. You will be charged in full for the entire month
in which you canceled your account. Accounts which have negative balances
will be collections and all services will be terminated.
99.9% Service Level Agreement
Ouriran.com offers its clients a 99.9% network uptime guarantee for customer
satisfaction purposes and also to ensure that your business is running
problem free. Ouriran.com will try to maintain maximum uptime. Ouriran.com
is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Ouriran.com offers an unconditional 30 day money back guarantee.
Domain Registration and Renewall Agreement
Ouriran is the authorized Tucows OpenSRS domain partner and all domains we register falls under our terms of services provided by ICANN and TUCOWS.
Domain Registration Agreements:
Uniform Domain Name Dispute Resolution Policy
Exhibit A Registration Agreement
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