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HOSTING POLICIES
(Terms of Service (TOS) and Authorized Use Permit (AUP))

The Basics (but not limited to) in plain English:
1. Nothing illegal! - no illegal spamming, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No Adult anything.
3. Unmetered traffic on virtual accounts means as long as you arent using ridiculous amounts of bandwidth and bogging the server/network down for everyone else.
4. No Server abuse.
5. We bill monthly - there are no long-term contracts.
6. If you violate any of the above policies, OnTimeHost will cancel your account (we always contact you first).
7. 30 day money back guarantee does not apply to dedicated and co-located accounts. You lose your 30 day money back guarantee if you violate any of the above policies. 
 
 

The Legal Version
Authorized Use Policies (AUP)

(for all accounts) OnTimeHost has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting, marketing and design. OnTimeHost reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by OnTimeHost whenever OnTimeHost decides the services it has rendered have been inappropriately used. Use of OnTimeHost's service constitutes acceptance and agreement to our policies.

Web Site, Server, and Network Content/Use Provisions

(for all accounts) All services provided by OnTimeHost and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless OnTimeHost from any claims resulting from the use of the service which damages the subscriber or any other party. The subsriber also agrees that OnTimeHost may disclose, without subscribers consent, any and all information related to the subscriber and their service with OnTimeHost to any law enforcement agent who makes a written request. 

OnTimeHost is not responsible for any material input by anyone other then OnTimeHost and/or posted to the OnTimeHost network by anyone other then OnTimeHost. This includes the content and links on websites hosted by OnTimeHost. OnTimeHost disclaims any liability and responsibility relating to innappropriate use or innappropriate content of anything hosted by OnTimeHost that OnTimeHost did not soley create and post to the OnTimeHost network.

Pornography and sex-related merchandising are prohibited on any OnTimeHost server. OnTimeHost will be the sole arbiter as to what constitutes a violation of this provision. OnTimeHost also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. OnTimeHost will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the United States and the state of Arizona and the city of Glendale, Arizona.

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.

Unmetered Web Traffic Stipulations for virtual accounts: (for virtual accounts only) We are pleased to offer all of our virtual hosting account unmetered web page traffic (see individual packages for detail). This is considered any transfer of information in the form of text or graphic or other, directly readable or downloadable by a web browser, ftp server, email server or any other internet related data transfer engine. Our intention is to provide a large storage space to serve web documents, not an off-site storage area for electronic files. Virtual hosting web accounts that are found to contain either no HTML documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our administration. 

Virtual hosting (not dedicated or Co-located) subscribers are not allowed to have large archives of files which would be downloaded freely by others, i.e. shareware archives unless prearranged with OnTimeHost. Any files that need to be downloaded to be viewed (are not directly viewable in a web browser) fall under the category of FTP transfer. Unmetered traffic applies to standard HTML pages and standard graphics like .gif and .jpg. Other files types such as .zip, .mp3 etc... are subject to a 3gb/month bandwidth limit. Extra bandwidth is available at an additional charge to be determined by OnTimeHost based on the file type and bandwidth transfered. 

All virtual accounts that come with unmetered bandwidth are subject to be "within reason" as deemed by OnTimeHost. This means, for example, that if a site is only paying twenty dollars a month and using the bandwidth of a T1, the client will have to pay accordingly or be terminated. 

As a note, over 85% of our clients never exceed even 500 megs of total FTP and web page transfer combined, so you can be assured that our bandwidth is not choked by numerous 'load-heavy' sites. To further protect the integrity of our service, any individual site consistently using 20% or more of the system's resources will be assessed additional charges accordingly. 

Bandwidth usage for dedicated and colocated servers: (for dedicated and colocation accounts) Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on OnTimeHost's dedicated server page. Subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscribers package.

Background-running Programs: (for virtual accounts) We may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed. 

IP address's: (Applies to dedicated and co-location subscribers only, does not apply to virtual accounts.) All IPs that are assigned to OnTimeHost's subscribers must be used under the authorized use stipulations within 24 hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IPs. There are to be no unused IP's on OnTimeHost's networks, except those in reserve for OnTimeHost to assign its subscribers on an as needed basis. subscribers are only allocated IPs that they will use within 24 hours. Subscribers are not allowed to keep IP's in reserve. 

OnTimeHost assigns and allows its subscribers to use IP addresses that are owned or are given to OnTimeHost to use. OnTimeHost retains ownership of all IPs assigned to subscribers. Name-Based hosting must be used where possible as per ARIN rules.

Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to OnTimeHost servers or the servers of its underlying service providers or a subscriber of OnTimeHost or its underlying service providers is strictly prohibited.

Network Security: (for all accounts) Subscribers are prohitibed from violating or attempting to violate the security of the OnTimeHost network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. OnTimeHost will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by ddos attacking, mail bombing or anything else that would be detremental to the services that OnTimeHost provides, attempting to prob or scan or test vulnerability of any machine on the OnTimeHost network, forgeing any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.

Any sub-networks or re-seller networks of OnTimeHost must adhere to all of these policies.
 
 

Terms of Service (TOS)

Right To Refuse Service and Cancel Accounts: (for all accounts) OnTimeHost reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 30 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice. 

Communication

(for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice. We do have a toll free number for subscribers to call. 

Technical Support 

(for all accounts) Technical Support is available 24/7/365 from our website under the technical support section (see the Help Desk, FAQ section and the Users Guide).  phone technical support is available at 1-623-847-9419 - hours vary, but are usually 8am to 3am, and for emergency 24 hours a day. Email technical support is available at Support@OnTimeHost.Com. Priority is given to the Help Desk in all cases - phone support is not given priority except in emergencies. For all virtual and non-virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your perl or other scripts or databases. OnTimeHost has a PERL expert on hand to assist you if needed at $60/hour. For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the sysadmin for their computer. OnTimeHost can support and admin your computer but that service is not included in the price of the dedicated server. For information on what it would cost to have OnTimeHost be the sysadmin on your dedicated server, call us at 1-623-847-9419 or email Support@OnTimeHost.Com. For all Co-Located computers, tech support is limited to initial setup and thereafter network problems only. The Co-Located account holder must be or have someone be the sysadmin for their computer. OnTimeHost can support and admin your computer but that service is not included in the price of the Co-Located server. For information on what it would cost to have OnTimeHost be the sysadmin on your Co-Located server, call us at 1-623-847-9419.

Note: As time permits, we do assist in technical support beyond what is stated above and we even offer one-on-one personalized training.

Deactivation

(for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be refunded to the subscriber. Fees for the entire month are due if the account is active even just one day during that month. 

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancellation by e-mail. 

OnTimeHost reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. OnTimeHost reserves the right to refuse service to anyone. OnTimeHost reserves the right to determine what violates any of OnTimeHost's policies.

Payment Policies

(for all accounts) All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies OnTimeHost in writing for a request for termination of services (see cancellation by subscriber section below for details on how to cancel). All payment is in U.S. currency and must be prepayed with Visa, MC, Amex or Discover, or cashier's check or money order mailed 1 week in advance of due date. Subscribers may prepay multiple months in advance with a discount applying for prepayments of 12 months, however, all multiple month prepayments are non-refundable unless OnTimeHost cancels the subscribers account. A subscriber who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepayed monies, or a reduction in monthly charges until the pre-payed period is up. 

There is a $5 late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment due to the card being declined or expired, no longer good, or any other problem. It is the subscribers responsibility to inform OnTimeHost of any changes in their credit card information including expiration dates. The subscriber authorizes OnTimeHost to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. This includes making the charge to the subscribers credit card, even if the subscriber does not usually pay by credit card. Once a service is 10 days overdue for payment, service will be interrupted if prior arrangements with OnTimeHost have not been made. OnTimeHost reserves the right to turn over any debts owed to OnTimeHost to a collection agency or to attorneys in that order.

If the subscriber desires domain name registration, registration of a new domain name is done through the registrar of the subscribers choice and the fee payed is at the discretion of the registrar. Domain Registration fees are not payed to OnTimeHost and are non-refundable.

Refunds and Disputes

(for all accounts) All payments to OnTimeHost are non-refundable. This includes the setup-fees and all subsequent charges. If you dispute a charge made to your credit card by OnTimeHost and it is found that the charge was valid, you agree to pay OnTimeHost a $150 administration fee. 

Transfer of Service

(for all accounts) Subscriber shall not transfer their service to any other person or entity without prior written consent from OnTimeHost. If OnTimeHost agrees to allow the transfer of service, the new subscriber must agree to the OnTimeHost TOS and AUP.

Service Rates 

(for all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. OnTimeHost reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc... When changes are made to pricing or specifications of the service OnTimeHost is providing that result in lower pricing or in better specifications, OnTimeHost will make every effot to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service OnTimeHost is providing that result in higher pricing or in lower specifications, OnTimeHost will make every effot NOT to pass those changes on to the subscriber. OnTimeHost is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of OnTimeHost and based on financial evaluations of what is required to keep OnTimeHost a profitable operating company, able to provide the highest quality services to the subscribers.

30 Day Money Back Guarantee (MBG)

All virtual and reseller web hosting plans (this does not include dedicated and co-located plans) come with a 30 day money back guarantee. If you are not completely satisfied within the first 30 days, your monthly rental will be refunded. OnTimeHost does not refund setup fees. 30 day money back guarantee does not apply to spammers (unsolicited emailers legal or not), adult sites, or server abusers. Any account on OnTimeHost servers that is caught spamming (sending any unsolicited email legal or not), violating any of OnTimeHost's hosting policies, or abusing the server in any way will automatically forfeit the right to any refunds of any monies including the MBG. Annual pre-payments receive a discount and forfeit their right to the money back guarantee.

Cancellation initiated by subscriber

(for all accounts) Subscribers must notify OnTimeHost in writing when they wish to cancel their accounts and must include in that writing the date they wish to cancel. Cancellation must be initiated at least 30 days before the cancellation date but not more then 60 days before the cancellation date requested (after the first month of service). Notification to OnTimeHost of the transfer of the subscribers domain name from internic or associated organization to another hosting provider does not constitute a cancellation as these are often forged without the subscribers knowledge. Email is acceptable for the written notice of cancellation to OnTimeHost.

Term (length) of service 

(for all accounts) All hosting packages are month to month billing with the minimum being 1 month. OnTimeHost does not pro-rate monthly billing fees. OnTimeHost does not require any long-term contracts for any of its services.

Indemnification

(for all accounts) Subscribers agrees that it shall defend, indemnify, save and hold OnTimeHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OnTimeHost, its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agrees to defend, indemnify and hold harmless OnTimeHost against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OnTimeHost's server; (2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from OnTimeHost's server. This means if OnTimeHost is sued because of a subscriber or a subscriber of an OnTimeHost's subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that OnTimeHost incurs. 

Disclaimer

(for all accounts) OnTimeHost will not be responsible for any damages your business may suffer. OnTimeHost makes no warranties of any kind, expressed or implied for services we provide. OnTimeHost disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by OnTimeHost and its employees. Subscriber acknowledges that the service that is provided can be interrupted for reasons other then the negligence of OnTimeHost. Subscriber agrees that OnTimeHost cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of OnTimeHost. Subscriber also acknowledges that the absolute limit of any liability for anything for any reason to any subscriber at all can never exceed an amount equivalent to the charges payable by the subscriber to OnTimeHost during the period in which damages are alleged to have occured. OnTimeHost reserves the right to revise its policies at any time without notice. Subscribers must adhere to the policies and changes as they are made.

DISPUTE RESOLUTION AND GOVERNING LAW.

(for all accounts) This agreement shall be governed by and construed in accordance with the laws of the City of Glendale, and to the extent such courts have jurisdiction, by the State of Arizona or the United States District Courts located in Arizona. The parties hereby agree that the appropriate forum for any disputes arising out of this Agreement or the transactions contemplated hereby shall be the city courts of Glendale, the state courts of the State of Arizona, and the United States District Courts located in Arizona, and the parties hereby irrevocably consent to the exclusive and personal jurisdiction of such courts.
 

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