TOS (Terms of Service)
All Payments To OL Communications (cyberbest.com) Are Non-Refundable.
OL Communications, Inc. ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of OL Communications
Service constitutes acceptance and agreement to OL Communications
AUP as well as OL Communications
TOS (Terms of Service). All provisions of this contract are subject to the TOS
(Terms of Service) of OL Communications, Inc. and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment. This Agreement shall be construed in all
respects in accordance with the laws of the state of Tennessee, county of
Chester applicable to contracts enforceable in that state. Venue will be
Disclosure to Law Enforcement:
The AUP specifically prohibits the use of our service
for illegal activities. Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement agent who makes
a written request without further consent or notification to the Subscriber.
In addition OL Communications shall have the right to terminate all service set forth
in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial
rates and charges have been communicated to Subscriber. Subscriber is aware
that the Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon Company achieving
and maintaining its cost of service goals including but not limited to rates
charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service. All accounts and services provided
by OL Communications are subject to the current tax rate as imposed by the State of
Tennessee which is currently 8.25%. The above applies to all accounts and
services provided by OL Communications.
Payments and Fees:
Credit cards that are declined for any reason are subject to a $10.00
declination fee. Accounts that are more than 10 days past due are subject
to disconnection without notice. Service interrupted for nonpayment is subject
to a $75 reconnect charge. Accounts not paid by due date are subject
to a $10.00 late fee. Accounts
that are not collectable by OL Communications may be turned over to an outside collection
agency for collection. If your account is turned over for collection, you
agree to pay the company a "Processing and Collection" Fee of not less than
$50 nor more than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS.
Payment due date:
Payments for collocation, dedicated server rental,
bandwidth, hosting services, space
and other recurring monthly services are due in advance on the 1st
day of beginning of the month.
(For example payment for August is due on the 1st day of August.)
Accounts that are more than 10 days past due are subject
to disconnection without notice. Service interrupted for nonpayment is subject
to a $75 reconnect charge. Accounts not paid by due date are subject
to a $10.00 late fee. Expired
domain names are held and locked by the registration agent. They are
currently charging $250 to reinstate an expired domain name. Because
of the gyrations we have to go through to reinstate an expired domain name
we charge an additional $50. So in total, expired domain names can
cost $300 to be brought back to your web site. Please don't allow your
domain name to expirer.
Refund and Disputes:
All payments to OL Communications, Inc. are nonrefundable. This includes
the one time setup fee and subsequent charges regardless of usage. All overcharges
or billing disputes must be reported within 60 days of the time the dispute
occurred. If you dispute a charge to your credit card issuer that, in OL
sole discretion is a valid charge under the provisions of the TOS and /or
AUP, you agree to pay OL Communications an "Administrative Fee" of not less than $50
and not more than $150.
Failure to Pay:
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such termination or
denial will not relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection fees.
All requests for canceling accounts must be made in writing with at least
30 days notice but not more than 60 days prior written notice and sent to
OL Communications Attn: Cancellations, 1395 State Route 197, Beech Bluff TN, 38313 or you may call
or fax the cancellation request to (731) 983.5952.
You must have all account information to cancel.
that the service provided is of such a nature that service can be interrupted
for many reasons other than the negligence of the company and that damages
resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising
from such causes beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own negligence may
not in any event exceed an amount equivalent to charges payable by subscriber
for services during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving new domains will be set
up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require up to 7 business
days. If the new domain is registered by the account holder, there will be
no handling fee. If the domain is registered by OL Communications, Inc. on behalf of
the account holder a handling fee may be incurred.
Transfer of Domains:
New webhosting accounts which involve the transfer of a domain
from another provider to OL Communications, Inc. will require a minimum of seven (7)
days to be set up and entered into our DNS servers. In some cases, such transfers
may take up to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific transfer
may take. If the transfer of the domain is done by OL Communications, Inc. on behalf
of the account holder a handling fee may be incurred. If the customer cancels
service during the transfer period for any reason, all charges are considered
OL Communications, provides 24 x 7 technical support to our subscribers (except for
few holidays and short company meetings when we close our center.) We limit
our technical support to our area of expertise. The following is our guidelines
when providing support: OL Communications provides support related to your server or
virtual site physical functioning. OL Communications does not offer tech support for
application specific issues such as cgi programming, html or any other such
issue. OL Communications does not provide technical support for YOUR customers. If you
can email, we encourage you to email email@example.com for assistance. If you
are able to get online and have other questions, the answers may be on our
support page at http://www.cyberbest.com - we encourage you to check
there first. Lastly, the Help files in the program you are using may have
the answer to your question so please do investigate these resources before
calling tech support.
SPAM and Unsolicited Commercial Email (UCE):
OL Communications takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very
simply this means that customers of OL Communications may not use or permit others to
use our network to transact in UCE. Customers of OL Communications 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 OL Communications
SPAM policy will result in severe penalties. Upon notification
of an alleged violation of our SPAM policy, OL Communications will initiate an immediate
investigation (within 48 hours of notification). During the investigation,
OL Communications may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, OL Communications may,
at its sole discretion, restrict, suspend or terminate customer's account.
Further, OL Communications reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy violation. OL
will notify law enforcement officials if the violation is believed to be
a criminal offense.
b. First violations
of this policy will result in an "Administrative Fee" of $250 and your account
will be reviewed for possible immediate termination. A second violation
will result in an "Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research Fees" not to exceed
$175 per hour that OL Communications personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
c. As our Customers
are ultimately responsible for the actions of their clients over the OL
network, it is advisable that Customers develop a similar, or stricter,
policy for their clients.
websites or services on their server that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases will have their
server immediately removed from our network. The server will not be reconnected
until such time that you agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow us access to the
server to confirm that all material has been COMPLETELY removed. Severe violations
may result in immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second violation WILL
be immediately and permanently removed from our network without notice.
IP Address Ownership:
If OL Communications assigns Customer an Internet Protocol address for
Customer's use, the right to use that Internet Protocol address shall belong
only to OL Communications, and Customer shall have no right to use that Internet Protocol
address except as permitted by OL Communications in its sole discretion in connection
with the Services, during the term of this Agreement. OL Communications shall maintain
and control ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by OL Communications, and OL Communications reserves the right to
change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as justification for new IP
addresses. What this means to you is that you MUST use name-based hosting
where possible. We will periodically review IP address usage, and if we find
that clients are using IP addresses where name-based hosting could be used,
we will revoke authorization to use those IP addresses that could be used
with name-based hosting.
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
on the Order Form (the "Agreed Usage"). OL Communications will monitor Customer's bandwidth
and disk usage. OL Communications shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in OL Communications
sole and absolute discretion. If OL Communications takes any corrective action under this section, Customer shall not
be entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation, OL Communications may,
at its sole discretion, collect a deposit, in an amount determined by OL
against customer's credit card on file with OL Communications.
System and Network Security:
Users are prohibited from violating or attempting to
violate the security of the OL Communications Network. Violations of system or network
security may result in civil or criminal liability. OL Communications will investigate
occurrences, which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who are involved in
such violations. These violations include, without limitation: Accessing data
not intended for such User or logging into a server or account, which such
User is not authorized to access. Attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization. Attempting to interfere with service to any user, host
or network, including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing". Forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup posting. Taking any action
in order to obtain services to which such User is not entitled.
Notification of Violation:
OL Communications is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which OL Communications determines to have violated any element
of this Acceptable Use Policy, shall receive an email, warning them of the violation.
The service may be subject at OL Communications discretion to a temporary suspension
pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that OL Communications determines to have committed a second violation
of any element of this Acceptable Use Policy shall be subject to immediate suspension
or termination of service without further notice. We reserve the right, to drop
the section of IP space involved in Spam or Denial-of-Service complaints if
it is clear that the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your network.
In certain rare cases, we may have to do this before attempting to contact you.
If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation:
OL Communications reserves the right to suspend network access
to any customer if in the judgment of the OL Communications network administrators the
customer's server is the source or target of the violation of any of the other
terms of the AUP or for any other reason which OL Communications chooses. If inappropriate
activity is detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the activity.
The customer will not be credited for the time the customer's machines were
suspended. OL Communications reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of OL Communications must adhere to the above
policies. Failure to follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your clients in
the matter described on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms and conditions or otherwise
OL Communications wishes to emphasize that in agreeing to the OL Communications Acceptable Use Policy
(AUP) and Terms of Service (ToS), customer indemnifies OL Communications for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in
loss to OL Communications or the bringing of any claim against OL Communications by any third-party.
This means that if OL Communications is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded against OL
plus all costs and attorney's fees.
You must provide us with, and keep current, good contact information
for you. E-mail, fax, and telephone contacts are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by
Subscriber 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.
Subscriber shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent
from or notice to Subscriber. Company reserves right to cancel customers rights
under this contract at anytime without further obligation. OL Communications takes no
responsibility for any material input by others and not posted to the OL
Network by OL Communications. OL Communications is not responsible for the content of any other
websites linked to the OL Communications Network; links are provided as Internet navigation
tools only. OL Communications 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. OL Communications is not responsible for any damages your business
may suffer. OL Communications does not make implied or written warranties for any of our
services. OL Communications 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 OL Communications. It is absolutely forbidden
to host pornographic content or IRC servers on Virtual Server Accounts. Virtual
Server Accounts found hosting this material will be subject to immediate cancellation
You, as OL Communications customer, are solely responsible for the
content stored on and served by your OL Communications server.
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