VIOLATIONS OF TOS/ACCEPTABLE USE POLICY
VIOLATION OF OUR TERMS OF SERVICES CAN BE RESULT IN SUSPENSION OR TERMINATION WITH NO QUESTIONS ASKED.
Contact & Billing Information:
You must provide us with, and keep current, accurate contact information for you. This includes but is not limited to E-mail addresses not based on the main domain of your account and telephone contacts. Maintaining accurate and updated information with us is required. It is your responsibility to ensure the email address on file is current or up to date at all times. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable coarntact information. Providing false contact information of any kind may result in the termination of your account. You can update this information at any time in your client dashboard, email, or by telephone.
While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers, virtual private servers, and colocation services may often require a great deal of extra time to provision. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. We make no guarantees in regards to the speed in which an order is completed. Accounts will only enter the setup queue once we have received payment and screened the order for fraud. Accounts are then setup in the order they are paid, received, and screened. In certain cases such as dedicated or virtual private servers purchases and other high risk transactions, it may be necessary to provide government issued identification and a scan of the credit card used. If you fail to meet any requirements, the order may be canceled without notice.
Resellers are responsible for supporting their own clients. We are happy to help you support your clients but all support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are responsible for all content stored or transmitted under their reseller account, clients accounts, and for the actions of their clients'. Resellers and their clients are liable to and responsible for adhering to all the terms in this agreement.
You are also requesting us to register your site for you when selecting "new domain" in the order form of our site. OnlineAudience will register such services for you on your behalf but it is your responsibility to ensure the correct name servers are set for your domain. All domain registrations are NON-REFUNDABLE. For free domain offers we will transfer domains only after the money back guarantee period has ended. You, as the registrant of the new domain, are required to ensure correct whois information is maintained at all times.
OnlineAudience reserves the right to change pricing terms on any accounts and services at anytime. While we have little control over third party licening where prices can go up outside of our control, we will never increase an existing clients webhosting account plan price. However, addons such as domains, whmcs, control panels, ip's, etc. are licensed from third parties and therefore are subject to change including any items currently provided free. New accounts for current customers are subject to the current fees at the time the new account is opened.
Billing and Payments:
You agree to pay OnlineAudience in advance for the services to be rendered. Subsequent payments are due on the anniversary date of your plans term. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. Client agrees to all annual and longer term recurring charges that are not canceled at least 30 days before the next renewal date. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. OnlineAudience reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. OnlineAudience provides a 5 day grace period from the time invoices are generated, however invoices not paid by due date are subject to a late fee of 60p plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 5 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full.
We may request payment in cashiers check or money order before restoring service. All billing disputes must be reported within 30 days of the time the dispute occurred. OnlineAudience may temporarily deny service or terminate this Agreement upon the failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Provisioning after payments is guaranteed on our dedicated servers within 48 hours of the order placement. However, if an order is placed on a weekend ( Sat, or Sunday ), 48 hours is dictated starting the following monday morning at 8am GMTT.
All cancellations must be sent using the cancellation form in the support center/dashboard. Cancellations are effective the date the form is submitted unless otherwise request. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you're canceling within the 30 money back guarantee period less any setup provisioning fees. Any due or past-due balance on your account must be paid in full to cancel. This does not include any added support or service fees you have contracted us to provide. Cancellation initiated by subscriber (for all accounts) Subscribers must notify OnlineAudience in writing via opening a ticket or using the Cancellation feature when they wish to cancel their accounts and must include in that ticket the date they wish to cancel. Cancellation must be initiated at least 3 days before the cancellation date and this must be at least 3 days prior to the client's next invoice date or the client will be billed for the next month. Subscriber is responsible for and must pay in full all fees which may have accrued including any monthly recurring fees and third party software fees. OnlineAudience will not pro-rate any charges. Notification to OnlineAudience 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 not acceptable for the written notice of cancellation to OnlineAudience as email and its sources may be forged.
Any client funds are non-refundable and cant only be used on services from online audience before adding client credit you are asked to confirm this. any outstanding invoices can be paid via outstanding credit clients have. see non refundable on add funds page
Until an account is officially canceled via cancellation form you are obligated to pay for your account even if you do not use it. It costs us on an ongoing basis to provision space, power, and bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we can not know if you are not using the space after we have provisioned it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
Resller Client Not using WHM for 30days will b suspended unless told by you that this will be a normal action. 60 Days will incur Deletion and Online Audience Default CGI Install. this is because you need to be Managing your Services unless you have Opted for a Managed Service
If for any reason it is not possible for us to complete one of our services (by service we mean one of the products listed on our website under the page/category of "services"), or you change your mind before the service is installed/created then a full refund will be given. We offer a 7 day "7 days cooling off" period on all shared web hosting, reseller, master reseller, SHOUTcast and linux VPS services. During the 7 days after your order was made, you may cancel at any time and receive a full refund with no questions asked.
If you have previously ordered a product liable to the "7 days cooling off" period, you cannot receive a refund on a new order of any similar product, even if you cancel it during the "7 days cooling off" period.
If you request a cancellation of a service immediately, it becomes effective straight away, no pro rata refunds will be permitted. Services cannot be reinstated after a cancellation is processed. In this case a new order with new payment will be required. Services which include IP addresses cannot always be reinstated as they may have been used elsewhere for another customer.
Refunds are not available any time for domain names, SSL certificates, dedicated IP addresses, dedi servers or licenses. Refunds will not be provided if you have violated any policy set out in our Terms of Service.
PayPal subscriptions are the responsibility of the client. If the client cancels their product/service it is their responsibility to cancel their PayPal subscription. Online Audience are not liable to refund subscription payments or payments for renewal of services.
If payment is not received on the due date, Online Audience have the right to suspend your account and can delete all remaining data after 3 days. Under normal circumstances, the account will be terminated 7 days after becoming overdue. We have the right to suspend access to your account if you do not pay due invoices; we do send a reminder to you before you are due to pay via our client system. If your payment is overdue and you pay it late, then the period for which you are paying will still have started on the date that the payment became due; it does not start from the day you pay the overdue payment. If money is owed to Online Audience for any reason, including but not limited to PayPal disputes retracting funds which have been spent at Online Audience when you are not liable to a refund. You are not permitted to raise a PayPal dispute or file chargeback on any payment. This is seen as a breach of our terms of service. Any chargebacks or unauthorised refunds will be reported to our debt collection agency for collection, any fees associated with this will be paid by the debtor.If the fee isn't paid within seven (7) days the client risks the chance of his/her service being suspended and/or terminated without any refund and/or credit. We charge a fixed £1 late fee for payments over 3 days late to cover administration costs.
Staff and Personal Abuse:
While we all try to get along sometimes that's a challenge. Please treat our staff and personnel as you would like to be treated yourself. While we are tolerant and understanding we too are human, please treat us as such. *looking at you angry guy*. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.
You are responsible for any and all content in and under your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any united kingdom. Use of our services to infringe upon any copyright or trademark is prohibited.
We do permit legal adult content on Webhosting, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of "adult content" as it pertains to our services.
Bot Traffic – this is where automated bots, or ‘spiders’ operate like real users. they are used to raise the traffic levels of a scam website, generate artificial web content and collect email addresses for phishing scams. anyone found doing this will be removed from our servers
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Impersonation involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Attacks and Exploits:
Any activity which affects the ability of other people or systems to use any services or other Internet services. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems.
Any attempts to undermine or cause harm to any Company server or customer of ours is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account the abuses resources and actions are not taken to desist, calls for immediate deactivation without any refund of payments made thus far. Any site using what we deem to be using excessive cpu cycles or any resources that cause strain to other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Sharing your password and account access with unauthorized users is prohibited and you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
If our system administrators determine that a customer's account is utilizing an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients services. The Company is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 30% of a systems resource for longer than 1 minute or more than 150,000 inodes on any single account. Every file on a server is 1 inode. Clients reaching or exceeding this limit will be contacted so we can evaluate their needs and if necessary make other arrangements.
You may not send more than 200 emails per hour on your shared, or reseller accounts. Any emails over that limit will be discarded. You may batch the emails to stay within limits. Other accounts types such as VPS are exempt from this limit.
Your account is provisioned with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, until you upgrade to a higher plan, or until you purchase more bandwidth. We are very leniant on bandwidth and providing time to find a solution that will work for your needs. Less than 0.001% of clients ever have high enough bandwidth needs that we have to work on custom plans to fit their needs. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages.
Back-ups and Data Loss:
Clients use our services at their own risk. Our server software does create daily backups for users sites that you may download on your own. We do not store this file and it is for your own use should you choose to use it. We perform daily backups on all of our servers to ensure critical files are never lost. We provide this costly service free with no warranty and only as a courtesy. Any site using more than 25GB space will be removed from the backup service. You may opt to purchase backup service for an additional fee. We will not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive or additional backup service. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a £5 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Client agrees to defend, indemnify, and hold OnlineAudience harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, , copyright infringement, or defective products by customer, our agents, employees or assigns. .
Without id we reserve the right to terminate your service without refund.
By using any OnlineAudience services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of NuovaWebs choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
OnlineAudience will cooperate with law enforcement agencies. We will only disclose subscriber information including assigned IP numbers, account history, account use, etc. to a law enforcement agent or official that provides an authentic subpoena or lawful request.
We are not responsible for any claims resulting from the use of our service. We are not responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for any services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, client agrees that the company shall not be liable for any damages, loss, or injury.
YOU ARE NOT ELIGIBLE FOR A REFUND IF YOU MISUSE TERMS OF SERVICES IN A SERIOUS MANNER.
ALL YOUR PROBLEMS CAN BE SORTED OUT BY CONTACTING OUR STAFF. SO PLEASE CCOPERATE WITH US IF YOU HAVE ANY PROBLEMS
If the fee isn't paid within seven (7) days the client risks the chance of his/her service being suspended and/or terminated without any refund and/or credit.