of Service (TOS) and Authorized Use Permit (AUP))
Basics (but not limited to) in plain English:
Nothing illegal! - no illegal spamming, unsolicited email (opt-ins are
ok), warez, serial numbers, cracks, codes, stolen MP3's etc...
No Adult anything.
Unmetered traffic on virtual accounts means as long as you arent using
ridiculous amounts of bandwidth and bogging the server/network down for
No Server abuse.
We bill monthly - there are no long-term contracts.
If you violate any of the above policies, OnTimeHost will cancel your account
(we always contact you first).
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.
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
decides the services it has rendered have been inappropriately used. Use
service constitutes acceptance and agreement to our policies.
Site, Server, and Network Content/Use Provisions
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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.
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
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.
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.
sub-networks or re-seller networks of OnTimeHost must adhere to all of
of Service (TOS)
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.
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.
all accounts) Technical Support is available 24/7/365 from our website
under the technical support section (see the Help
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.
As time permits, we do assist in technical support beyond what is stated
above and we even offer one-on-one personalized training.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Day Money Back Guarantee (MBG)
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.
initiated by subscriber
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.
(length) of service
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.
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.
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.
RESOLUTION AND GOVERNING LAW.
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.