Terms of Service (T.O.S.)
Only-Hosting.net (hereby called “The Service Provider”) is an Internet Service Provider and host of personal and business World Wide Web pages, email and related services. Only-Hosting.net maintains Only-Hosting.net as a service to the Internet community. The goal of Only-Hosting.net is to provide you with the best service possible enjoyable Internet experience. Only-Hosting is committed to and supports the free flow of information and ideas over the Internet and does not actively monitor nor does Only-Hosting exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over Only-Hosting.net services. However, Only-Hosting reserves the right to remove any materials Only-Hosting.net does become aware of that are, in Only-Hosting’s sole discretion, potentially illegal, could subject Only-Hosting to liability, or violate this policy.
The use of our hosting and related services is subject to the following terms and conditions.
1. Service and Client Responsibility
You must be at least eighteen (18) years of age to subscribe to Only-Hosting’s service. Customer is responsible for all use of customer’s account and maintaining the confidentiality of customer’s password(s). Only-Hosting.net will suspend access or change access to customer’s account upon notification by customer that his or her password has been lost, stolen or otherwise compromised. Customer may not transfer or give out its password to third parties, and customer shall remain liable for all charges incurred for use of the services. Only-Hosting shall not be liable for any usage or charges prior to Only-Hosting making the necessary account alteration. It is the client’s responsibility to ensure all passwords are secure utilizing uppercase, lowercase letters and numbers to maintain account integrity and security. The client assumes full financial responsibility to correct, reinstall or troubleshoot any issues caused by their computer from being infected with spyware, malware or viruses that adversely affect Only-Hosting-Hosting’s servers or any website on a Only-Hosting-Hosting server. The client agrees that any website script, software or application that becomes hacked, assumes full financial responsibility to correct, reinstall or troubleshoot any issues caused by this hack.
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data and/or computer systems are prohibited. Examples of this are computer viruses, trojan-horse programs and Internet-based worms. Such an offense will result in the immediate termination of the offending account and assumes full financial responsibility to correct, reinstall or troubleshoot any issues caused by this.
All services provided by Only-Hosting.net may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Only-Hosting.net from any claims resulting from the use of our services.
Examples of Totally Unacceptable Material and Sites:
Topsites
IRC Scripts, Bots
IRCD (IRC Servers)
Sites that run any type of proxy script and Anonymizers
Pirated Software, Warez and MP3’s (unless You are the Artist)
Image Hosting Scripts (Similar to Photobucket or Tinypic)
AutoSurf, PTC, PTS, PPC Sites
IP Scanners
Bruteforce Programs, Scripts, Applications
Mail Bombers, Spam Scripts
Banner-Ad services (Commercial Banner Ad Rotation)
File Hosting, File Storage, File Dump, Mirror Scripts (Similar to Rapidshare)
Commercial Audio Streaming (More than one or two streams)
Escrow, Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Posting or e-mailing of scams such as ‘make-money-fast’ schemes or ‘pyramid/chain’ letters, Investment Sites (Ponzi, MLM, Pyramid Schemes)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUD’s, RPG’s, PBBG’s
Promotes, encourages or engages in, Hate, violence or racial or ethnic intolerance and Harassment oriented sites and or otherwise objectionable behavior
Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class
Threatening bodily harm or property damage to individuals or groups
Hacker focused sites, archives, programs
Sites promoting illegal activities or encourages illegal activity
Forums and/or websites that distribute or link to warez, pirated, illegal content, MP3’s (unless You are the Artist)
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Password sharing sites
Pornography, Nudity, Adult Content, sex-related merchandising are prohibited on any Only-Hosting.net server.
Promotes, encourages or engages in child pornography or the exploitation of children
this includes sites that may infer sexual content, or Link to adult content elsewhere
Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
Material illegal under United States of America law
Material illegal under Canadian law
Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Harassing others by ‘mail-bombing’. ‘Mail-bombing’ constitutes sending more than ten (10) similar mail messages to the same e-mail address.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through Only-Hosting.net servers.
2. Availability of Services
Subject to the terms and conditions of this Agreement, Only-Hosting shall attempt to provide the services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this agreement. You agree that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation:
i.equipment malfunctions;
ii.periodic maintenance procedures or repairs that Only-Hosting may undertake from time to time; or
iii.causes beyond the control of Only-Hosting or that are not reasonably foreseeable by Only-Hosting, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree Only-Hosting.net has no control of availability of the services on a continuous or uninterrupted basis.
You further agree that as a normal course of its business, it may be necessary for Only-Hosting to migrate its servers. As a result, even though you may have a dedicated IP, you may be assigned a different IP number. Only-Hosting does not warrant that you will be able to consistently maintain your given IP number.
3. Service Availability Guarantee
Only-Hosting.net offers a service uptime guarantee for the Services of 99.999% (“Service Uptime”) of available time. If Only-Hosting fails to maintain this level of service availability, You may contact Only-Hosting and request a credit of 5% of your monthly hosting fee from Only-Hosting for that month. The credit may be used only for the purchase of further products and services from Only-Hosting.net, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
i. Periodic scheduled maintenance or repairs Only-Hosting may undertake from time to time;
ii. Errors caused by you from custom scripting or coding;
iii. Outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
iv. Causes beyond the control of Only-Hosting or that are not reasonably foreseeable by Only-Hosting.net; and
v. Outages related to the reliability of certain programming environments
Total Service Uptime shall be solely determined by Only-Hosting and shall be calculated on a monthly basis.
4. Server Resources
Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Only-Hosting will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
5. Resource Usage
User may not:
i. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
ii. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
iii. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
iv. Run any software that interfaces with an IRC (Internet Relay Chat) network.
v. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
vi. Participate in any file-sharing/peer-to-peer activities
vii. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
viii. Run cron entries with intervals of less than 15 minutes.
Users are strongly recommended to:
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
6. INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
7. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the SpamHaus may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Unauthorized use of the Only-Hosting services in connection with the transmission of unsolicited bulk email (SPAM), including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Only-Hosting’s response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in COnly-Hosting’s sole discretion. A minimum $500 (Five Hundred U.S. Dollars) per hour spam handling fee will be charged to customer’s account for all valid complaints, as determined by the Only-Hosting Abuse Team plus a $10.00 per email sent penalty.
Only-Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Only-Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Only-Hosting.net
Website Forms (formmail) must utilize smtp auth to send information as port 127.0.0.1 is blocked.
8. Technical Support
Only-Hosting.net will provide technical support services via telephone, electronic mail (e-mail) and facsimile to assist in verifying the account features of Only-Hosting’s intended functionality of the customer’s server and hosting Service.
The account features include various products produced by third party vendors. The Technical Support staff can assist with the setup and configuration of the server and third party products; however, the usability, custom configurations, coding and troubleshooting fall under the support offerings of the third party vendor so technical support will be unable to assist with the aforementioned offerings.
Technical Support does not serve as a consultant to correct and rewrite programming code and scripting-related issues. Only, Only-Hosting.net created Services and non-Customer configured Services will be supported to this extent. No emails from Only-Hosting.net, including Technical support email, may be resent, distributed or posted on any media accessible to the public (including, but not limited to, any Internet site or bulletin board) by Customer, without Only-Hosting’s prior written consent. Technical Support shall consist only of the consulting services set forth above, and in no event shall it include any other support functions or Services, including, but not limited to, maintenance or repair of customer’s hardware or custom configurations to the server.
Technical Support will be provided only to either Customer or customer’s technical or administrative contact. If customer requires technical assistance beyond the conditions set forth above and Only-Hosting determines that it has the technical resources for assistance, customer shall be charged at Only-Hosting’s standard hourly rate ($150.00 / Hour). The hourly rate will be applied to services not designated as technical support, as defined above, or for any technical support provided to someone other than customer or customer’s technical or administrative contact. Prior to requesting support services from Only-Hosting, customer or customer’s technical contact agrees to ask Only-Hosting’s technical support personnel if the requested support services qualify as technical support.
Technical Support hours are 24 hours each day, except on nationally observed holidays, Christmas Eve, during departmental meetings, or when no, or limited support hours may be provided, of which Customer will be notified in advance. Technical Support hours are subject to change.
9. Equipment and Utilities
Customer shall provide its own computer and telecommunications equipment necessary to access the service. Customer shall provide Only-Hosting read and write access to subscriber’s equipment. Customer is solely responsible for all local, toll, and long-distance telephone charges for connecting to the service. Only-Hosting shall have no responsibility for any charges or tariffs related to any Customer telephone connection or on-line services of any entity accessed by or for customer.
10. Required Equipment
Customer shall be solely responsible for the full cost of all required equipment, software and configuration as well as any additional equipment customer wishes to utilize. Only-Hosting shall have no obligation or liability in connection with any equipment not purchased through Only-Hosting and configured by Only-Hosting.net, or for any abuse or misuse of any equipment by any party other than Only-Hosting. Only-Hosting.net shall pass through to Customer any warranties from the manufacturers of equipment purchased through Only-Hosting and installed at customer’s premises. Only-Hosting shall have no obligation to repair or maintain any equipment at customer’s premises, and customer shall be responsible for seeking warranty and other services directly from the manufacturer.
11. Term
This Agreement shall be effective on a calendar month-to-calendar month basis, (unless pre paid) billed quarterly with the first month prorated and continuing until terminated by 30 days written notice. This Agreement may be revoked by Only-Hosting in accordance with the terms herein at any time prior to the Effective Date. All pre paid accounts are considered a contract for the term of pre payment with no refunds if cancelled before the end of the term.
12. Termination by COnly-Hosting.net / Acceptable Use / TOS
Only-Hosting, in its sole business judgment, may terminate this Agreement immediately and without prior notice or immediately suspend customer’s access to the service upon any breach of either this agreement or Only-Hosting’s Acceptable Use Policy by customer, including, but not limited to, (a) refusal or failure to pay for Service or (b) by sole judgment of Only-Hosting that customer may be performing activities harmful to Only-Hosting or its other customers, employees, vendors, business relationships or other users of the Internet, including but not limited to, spamming; harassment; falsifying information; defamation; violating a third party’s privacy; infringing a third party’s intellectual property rights; or hacking or other effort to gain unauthorized access to any server, directory, or account information. Only-Hosting may also terminate this Agreement without cause at any time upon thirty (30) days prior Notice. A suspended account will only be reinstated when the account is paid in full including a $150 reinstatement fee. If the suspended account has not been paid in full including the reinstatement fee within 7 calendar days, all website data, databases, email and any software or scripts will be deleted. If after deletion, the account including the reinstatement fee are paid, and if our back up server still has a copy, this can be possibly reinstated for a one time fee of $1000.00 USD. No guarantees are made if any or all the deleted content will work or is still available in full, so the client assumes all risk.
Unauthorized use of the Only-Hosting.net Services in connection with the transmission of unsolicited bulk email (SPAM), including the transmission of counterfeit email, may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Only-Hosting’s response to a first spamming offense is to either terminate the account immediately or advise and educate the Customer through an e-mail warning and/or phone call, in Only-Hosting’s sole discretion. A minimum $500 (Five Hundred U.S. Dollars) per hour spam handling fee will be charged to Customer’s account for all valid complaints, as determined by the Only-Hosting Abuse Team plus a $10.00 per email sent penalty.
Only-Hosting services may not be used for illegal purposes, or in support of illegal activities. Only-Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to see section 1. Service
13. Termination by Customer
Customer may terminate this Agreement if month-to-month, upon thirty (30) days prior written notice and full payment of all subscription fees through the end of the notice period. Term accounts may only be canceled by paying a cancellation fee equal to seventy-five percent (75%) of the remaining contract balance and by making payment of any outstanding telecommunications charges related to the establishment, maintenance and cancellation of Service to the Customer. Notwithstanding anything to the contrary in this Agreement, if Only-Hosting breaches any material term of this Agreement and such breach continues for ten (10) business days after Customer has notified Only-Hosting.net, you may immediately terminate this Agreement.
Only-Hosting.net offers a 30-Day money back guarantee for its services. This guarantee excludes any setup fees, domain registrations or transfers fee’s, software support subscriptions or installation charges applied to Only-Hosting’s services.
Only-Hosting.net will not issue refunds or credits past the 30-Day money back guarantee.
14. Charges for Space and Server Traffic Above and Beyond that which are Allocated in Client’s Hosting Plan
Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package the Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the hosting section of https://only-hosting.net. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are posted in the hosting section of https://only-hosting.net.
15. Data
Customer understands and agrees the Internet is a conglomeration of networks and servers operated by distinct entities having no business or legal relationship to Only-Hosting. Only-Hosting.net has no input whatsoever as to the content of Internet data accessed via the Service. Customer is solely responsible for any value or reliance it places on information obtained via the Internet or the Service. INFORMATION DERIVED AS A RESULT OF THIS AGREEMENT IS PROVIDED . AS IS. AND AT customer’s OWN RISK.
16. Illegality/Adult Content Policy
Only-Hosting neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Only-Hosting reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Only-Hosting are an appropriate recompense to Only-Hosting for the time required to respond to and address issues created by customer’s illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Only-Hosting will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content, see section 1. Service.
17. Limited Warranty/Security
Only-Hosting warrants only that it shall, subject to the terms and conditions of this Agreement, provide Customer the Service. CUSTOMER AGREES THAT THE SERVICE IS BEING PROVIDED . AS AVAILABLE. AND . AS IS,. WITH ALL FAULTS ACCEPTED. Only-Hosting MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THIS AGREEMENT AND THE SERVICES DERIVED THEREUNDER AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. Only-Hosting FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM. Only-Hosting DOES NOT WARRANT THAT THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CONTENT AND ACTIVITY. IT IS THE customer’s SOLE RESPONSIBILITY TO PERFORM ANTI-VIRUS SCANS, SECURE THE CONTENT OF HOSTED SITES AGAINST HACKERS AND OTHER SECURITY INTRUSIONS (INCLUDING PROTECTION OF CREDIT CARD OR PERSONAL INFORMATION BELONGING TO customer’S CUSTOMERS), AND OTHERWISE MONITOR WHAT MAY BE HARMFUL OR OFFENSIVE CONTENT ON YOUR SITES OR RUNNING THROUGH YOUR CONNECTION TO THE INTERNET. YOU MUST DETERMINE THE SUITABILITY OF THE Only-Hosting SERVICES FOR THE AFOREMENTIONED TASKS, GIVEN YOUR PARTICULAR USE OF THE INTERNET. IF THE SERVICES, AS PROVISIONED, DO NOT ENABLE YOU TO FULFILL THESE RESPONSIBILITIES, IT IS YOUR RESPONSIBILITY TO SECURE PRODUCTS OR SERVICES, AT YOUR EXPENSE, THAT PERMIT YOU TO MEET THESE SECURITY OBLIGATIONS.
18. Limitation of Liability
Each party specifically agrees that, in no event, shall either party’s liability as a result of this agreement and the provision of service hereunder, exceed customer’s monthly fee for any single month during which any claim of liability arose or the amount paid for any term agreement. Neither party shall have liability whatsoever for any indirect, special, incidental, consequential or punitive damages of any kind, including but not limited to, lost revenue and lost profit.
19. Compliance and Indemnification
Client agrees to use the services in compliance with all applicable laws, and to host files or content, if at all, only with the consent of the copyright, trademark, domain name, or patent owner.
Client agrees that it shall defend, indemnify, save and hold Only-Hosting harmless from any demands, liabilities, losses, costs and claims, including reasonable legal fees, (“Liabilities”) asserted against Only-Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Only-Hosting against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Only-Hosting.net’s Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Only-Hosting Server.
Customer specifically agrees to defend, indemnify, and hold harmless Only-Hosting, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Customer under this Agreement or its use of the Service. Only-Hosting specifically agrees to defend, indemnify, and hold harmless Customer, its officers, and employees from any claim, loss, or damage, including costs and reasonable attorney fees, arising out of any act or omission of Only-Hosting.net under this Agreement or its use of the Service.
20. Personal Files/E-Mail Inbox
Only-Hosting is not responsible for back ups of customer’ s personal files or other information. Only-Hosting reserves the right to delete Customer information and files upon termination of service. Any IP addresses assigned to the customer are considered loaned by Only-Hosting and will revert back to Only-Hosting after cessation of the service. E-mail inboxes have size limits set by Only-Hosting Once that size limit is reached or exceeded, customers will not necessarily receive notification, and no more e-mail will be delivered to that inbox until the size of the inbox is reduced by customer to below the limit for that account.
21. Privacy
Privacy issues are governed by Only-Hosting’s privacy policy, and that document should be consulted for any questions you may have about how Only-Hosting uses your Customer information. You are required to develop and post a privacy policy on your web sites to the extent you gather any personal information from your customers or from visitors to your site.
22. Governing Law and Venue
This Agreement shall be construed under the laws of the Province of British Columbia. British Columbia Provincial courts shall have jurisdiction and venue over this Agreement and the parties, and the exclusive venue for all litigation hereunder shall be commenced and maintained in British Columbia.
23. Notice
Notice to Only-Hosting shall be in writing and delivered by hand, email, facsimile, or, if sent by certified mail, return receipt requested, or a nationally recognized overnight delivery service that keep records of deliveries and attempted deliveries (such as FedEx). It is imperative that Only-Hosting be able to contact Customer at all times. Customer must promptly advise Only-Hosting of any changes to his, her or its contact information, including mailing and e-mail addresses and phone number. Failure to do so constitutes grounds for immediate termination; moreover, any notices from Only-Hosting to Customer sent to customer’s last known e-mail address as provided by Customer to Only-Hosting shall be deemed effective even if Customer has failed to provide updated information to Only-Hosting.
24. Payment/Taxes
Customer shall pay Only-Hosting for all charges listed on Only-Hosting’s invoice, including all shipping and handling charges and other charges incidental to the provisioning of the Services. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice or on or before the first day of the billing cycle. On any amounts not paid when due, Subscriber agrees to pay interest at the rate of 2.0% per month (24% per year) or, if such rate is in excess of the rate allowed by law, then Subscriber agrees to pay the highest rate allowed by law. In addition, Subscriber agrees to pay all costs of collection, including costs of litigation and reasonable legal fees. Subscriber agrees to execute financing statements and other instruments at Only-Hosting’s request. A $40.00 (Forty U.S. Dollars) collection fee will be charged for all dishonored checks as well as a $20.00 fee on all declined or invalid credit cards.. Any tax liability arising from customer’s use of the Service (other than taxes on Only-Hosting income) will be customer’s responsibility. Customer will pay all sales and use taxes relating to the Service, as well as all duties or levies on Products and Services.
If client payment is late due to clients change in information such as change of email address, expired credit card or new contact information that has not been made to Only-Hosting in writing, client then agrees to pay the appropriate late fee charges. It is the client’s responsibility to advise of such changes.
(a) Payment Terms
Unless otherwise subscribed or agreed in writing, payment of the selected Service is due prior to the first day of the month of the start of the billing cycle for the Service to be rendered during the upcoming quarter. In the case of registering or transferring of domain the payment is due prior to the service completion. Only-Hosting reserves the right to adjust its fees for Service hereunder at any time in the event Only-Hosting experiences a rate increase from its telecommunications, data centers or other suppliers. However, if Customer has signed a term agreement, Only-Hosting.net’s pricing will remain constant for the agreed-to term. Only-Hosting will disconnect any customer for non payment, anytime after an invoice has not been paid in full prior to the due date.
Only-Hosting is not responsible for the pricing of any phone company service fees whether billed directly to Customer by the phone company or through Only-Hosting on behalf of the phone company. AUTHORIZED CHARGES TO CREDIT CARDS SHALL BE MADE IN ADVANCE, ON OR ABOUT THE ANNIVERSARY DATE OF THE SERVICE FOR THE TERM OF THIS AGREEMENT UNTIL TERMINATED AS PROVIDED HEREIN. A fee of $40 (Forty U.S. Dollars) will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for non payment. Payment is late after the fifth (15th) day of the second month of the billing quarter. Only-Hosting may change any fee, rate, or plan upon thirty (30) days. notice. Refunds, if any, from termination or cancellation of term or pre-paid accounts are only available as if the Customer were a month-to-month Customer, and will not be based on the discount the Customer may have received for prepaying the account. Customer must supply 30 days written notice to terminate services or a charge equivalent to one month hosting.
(b) Payment Method
CUSTOMER HEREBY AUTHORIZES CHARGES TO BE MADE IN ADVANCE TO THE IDENTIFIED CREDIT CARD EACH MONTH FOR THE DURATION OF THIS AGREEMENT IN THE AMOUNT OF THE SELECTED SERVICE SET FORTH BELOW OR AS CHANGED BY Only-Hosting AFTER NOTICE TO CUSTOMER. Payment may be made by check or purchase order only by key accounts and only upon prior authorization by Only-Hosting. Customer additionally authorizes periodic verification of credit worthiness. Only-Hosting, in its sole discretion and judgment, may discontinue credit at any time without notice.
25. Disputes
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute, which cannot be so, resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 10 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in the city of Delta located in the Province of British Columbia, or at a different location if the parties so agree. The arbitration will take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator’s pay. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
26. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Only-Hosting and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
27. Confidentiality
Customer acknowledges that by reason of their relationship, both customer and Only-Hosting may have access to certain products, information and materials relating to the other party’s business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Only-Hosting and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and Only-Hosting further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or Only-Hosting.
28. Force Majeure
Only-Hosting shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, or any third party telecommunications or Internet connectivity providers, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late delivery by suppliers or other difficulties which are beyond the reasonable control of Only-Hosting.net
29. Waiver; Severability
No waiver by either party of any breach by the other party of any provision of this Agreement shall be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of this Agreement is stricken as unenforceable, the rest of the Agreement shall remain in full force and effect.
30. Successors and Assigns
This Agreement is not assignable or delegable in whole or in part by Customer without the prior express written consent of Only-Hosting. This Agreement shall be binding upon the heirs and successors of the parties hereto, the assigns of Only-Hosting, and permitted assigns of Customer. This Agreement is assignable by Only-Hosting provided Only-Hosting gives Customer written notice of such an assignment and the assigning party(ies) is/are capable of performing all of Only-Hosting’s obligations hereunder.
31. No Resale
The Service provided hereunder is limited to Customer and may not be resold in any manner whatsoever unless Customer selects a reseller plan and Only-Hosting provides written acceptance of customer’s selection of a reseller plan.
32. Modifications or Amendments to Agreement
This Agreement may be amended or modified from time to time upon Notice to Customer in Only-Hosting’s sole discretion. This Agreement shall not be supplemented or modified by any course of dealing or other trade usage.
33. Entire Agreement
These terms and conditions constitute the entire Agreement with regard to the subject matter hereof and expressly supersede and replace any prior or contemporaneous agreements, written or oral, relating to this Agreement. This Agreement may be amended by Only-Hosting at any time without notice, so please check back frequently to review changes. Any changes or amendments to this Agreement shall be set forth at https://only-hosting.net. This Agreement may not be amended by customer unless the amendment is approved by both parties in writing. Any questions about this Agreement should be directed to legal@only-hosting.net.