Oveni.com / TOS

Introduction and Purpose

This document sets forth the principles, guidelines and requirements of the Terms Of Service of Oveni Internet Services and subsidiaries governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The Purpose of Company's Terms Of Service, hereinafter referred to as the TOS, is to comply with all federal, state, and local laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Company. Company reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.oveni.com/tos.htm. The TOS is not an all inclusive exhaustive list and Company reserves the right to modify the TOS at any time as needed, effective upon either the posting of the modified TOS to http://www.oveni.com/tos.htm or notification to the Customer via email. Acceptance and execution of the Master Services Agreement binds all parties to Company stated TOS at the time the contract is executed and as modified from time to time. Any violation of the TOS may result in the suspension or termination of Customer account(s) or such other action as Company deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

VIOLATION OF ANY SECTION OF THE TOS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM COMPANY.

Any questions or comments regarding the TOS should be directed to legal@oveni.com

Compliance with Law

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

System and Network Security

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Company investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
Executing any form of network activity that will intercept data not intended for the Customer's server.
Circumventing user authentication or security of any host, network or account, including “cracking.”
Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
Failing to comply with the Company's procedure relating to the activities of Customers on the Company's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Internet Etiquette

Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Company may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Company by offended users. Company reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.

Payment Policies, Fees, and Refunds:

Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.

Domain registration/setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Oveni.com of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Oveni.com reserves the right to change prices at any time.

If your web site has an ovedue balance, our automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "invoice" in your account's control panel.

Child Pornography

Company will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over Company network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act should be reported to the U.S. Customs Agency at 1-800-BEALERT.

Copyright Infringement

Company services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights; including creating, utilizing, distributing unauthorized copies of software, or the use of BitTorrent or other types of technologies utilized in the distribution of illegally copied materials. If Customer copies, distributes or installs software in defiance of the license agreement, Customer is violating federal copyright law. Company will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

Hosting Policy

Data Unlawful or Against the TOS: Promoting violation of the law or the TOS by hosting data that facilitates the violation is prohibited, including but not limited to:

Hosting web pages that detail the methodology of committing unlawful acts, or acts violating this TOS.
Hosting software, scripts, or other resources intended to facilitate committing unlawful acts, or acts violating this TOS.
Advertising, transmitting, storing, or using any software, script, program, product, or service designed to violate this TOS.
Harvesting. The collection of email addresses, credit card information, or other personal information for fraudulent use or sale is prohibited.
Phishing. Hosting web pages with forwards to, containing scripts or executables for, or any other component of an operation designed to fraudulently collect authentication, credit card, names, addresses, or any other personal data (“phishing”) is not permitted.
Spamvertised Sites. Hosting web pages advertised by spam sent from another network (“spamvertised”) is not permitted.

CGI Scripts Policy:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Oveni.com customers. You will be notified in 24 hours about offending cgi script.

Domain Registration/transfer:

It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.

Email Policy

Email Spam. Company has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.

Block Removal. If Customer actions have caused Company mail servers or Company IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $200 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers (“spoofing”) is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: Company's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Fraud Policy

By agreeing to this TOS, Customer affirms that the contact and payment information provided to Company identifies Customer and that Customer is authorized to use the payment method. Commitment of fraud, obtaining services, or attempting to obtain services by any means or device with intent to avoid payment is prohibited.

IRC Policy

Company allows stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet and other IRC networks. IRC servers which establish and maintain connections to global IRC networks such as Undernet, EFnet, DALnet and others will be considered to be in violation of the Terms Of Service.

Company does not allow IRC plug-ins, scripts, add-ons, clones or other software that has the intent or effect of disrupting or denying service to other users. Harassing, disrupting or denying service to other users is expressly prohibited, and may result in the immediate suspension or cancellation of Customer account(s).

If IRC servers attract DoS or DDoS attacks that disrupts or denies service to other Customers, Company will null-route, ACL or otherwise suspend service to maintain quality of service for other Customers on our network.

Company allows the limited use of stand-alone IRC “bots”. Company prohibits the use of “botnets”. Customer IRC server may run a “bot”, but Customer may not join a “botnet”. The use of IRC BNC’s or other proxy and re-direction software is expressly prohibited.

For the purposes of policy enforcement, any malicious activity observed to originate from a Customer’s server may result in the immediate suspension of service to the offending Customer’s server without prior notice. Frequently compromised servers may be reviewed for account termination on a case-by-case basis. The purpose of this case-by-case review is to deter TOS prohibited activity from occurring under the blanket excuse of a “compromised server.”

Harassing, abusive and aggressive IRC activity is prohibited. This includes ‘flooding’ (rapid transmission of information with the intent to harass or deny service), ‘hijacking’ (taking improper or unauthorized control of channel or server operator privileges), sending messages to users who do not want them, attempting to circumvent a channel or server ban, impersonating other IRC users and other abusive IRC behavior as determined by Company.

Company reserves the right to modify or amend the IRC policy at any time.

Reseller Policy

Resellers are responsible for the conduct of their Customers and by agreeing with this TOS, agree that their Customers will adhere to the TOS. Resellers should make their perspective Customers aware of the TOS and the consequences for violation.

Usenet Policy

E Usenet posts must conform to standards established by the Internet community. Prohibited acts include, but are not limited to, the following:

Posting of articles and/or URLs for commercial purposes, except where permissible by the charter or FAQ of that particular group and adhering to the topic of said group.
Posting of binary files to groups who do not allow for binary posts in the charter of by the name of the group.
Excessive cross-posting and/or excessive multi-posting, considered to be the equivalent of Usenet spamming. Company reserves sole authority of determining posts constituting excessive cross- or multi-posted.
Canceling of posts other than Customers own posts.
Using auto-responders or cancel-bots.
Unauthorized creation, cancellation, or removal of newsgroups.

Note: While legitimacy of a posting is generally determined by a moderator, Company reserves sole authority of determining post legitimacy.

Account Cancellation

You may cancel your account at any time by sending an e-mail to support@oveni.com. Once we have finished processing the cancellation, we will delete all your Registration Data from its database.

Suspension and Cancellation

Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer located in our datacenter for violation of the TOS without notice. Company reserves the right to terminate service without notice for any violations of the TOS.

Violations of the TOS will result in the following:

A warning notification via email with 72 hours notice for resolution.
A cancellation of the service after the 72 hours warning if the issue is not resolved

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.

Repeat violation of the above terms will result in the following actions.

Immediate disconnection of service with no re-activation.
$100 fee assessed to Customer account for violation.

Limitation on Company Liability

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.