The use of services from Scores Technology, LLC
[hereafter referred to as "Ohana Online"] constitutes
agreement to these terms.
1.)
Account Setup / Email on file
We will setup your account after we
have received payment and we and/or our payment partner(s)
have screened the order(s) incase of fraud. It is your
responsibility to provide us with an email address which is
not @ the domain(s) you are signing up under. If there is ever
an abuse issue or we need to contact you, the primary email
address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current
or up to date at all times. Providing false contact
information of any kind may result in the termination of your
account.
Transfers
Our transfers team will make every effort to help you move
your site to us, however, we can not make guarantees of the
transfer process. We provide this as a courtesy service and
can not make guarantees regarding its availability or the
amount of time it may take as each host is configured a little
differently. We will try our best, however, in some cases we
may be unable to assist you in a transfer of data from an old
host.
2.) Content
All services provided by Ohana Online may only be used for
lawful purposes. The laws of the State of Hawaii, and the
United States of America apply.
The customer agrees to indemnify and hold
harmless Ohana Online from any claims resulting from the use
of our services.
Use of our services to infringe upon any
copyright or trademark is prohibited. This includes but is not
limited to unauthorized copying of music, books, photographs,
or any other copyrighted work. The offer of sale of any
counterfeit merchandise of a trademark holder will result in
the immediate termination of your account. If you believe that
your copyright or trademark is being infringed upon, please
email contact@ohanaonline.com with as much information as
possible. If the request is of a licensing issue, we may
require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software /
Warez, ".img" / image hosting only sites that do not host an
actual domain name, Escrow, High-Yield Interest Programs(HYIP)
or related sites, Investment sites (FOREX, egold exchange),
AutoSurf sites, Bank Debentures, Bank Debenture Trading
Programs, Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites/archives/programs, or sites
promoting illegal activities
We reserve the right to refuse service to anyone. Any material
that, in our judgment, is obscene or threatening is prohibited
and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within
48 hours may result in the suspension or termination of your
services. All abuse issues must be dealt with via
troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or
service, please contact us at contact@ohanaonline.com and we
will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited to child pornography or
content perceived to be child pornography:
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement
agency.
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
username 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.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance
against sending of unsolicited e-mail, bulk emailing, and
spam. "Safe lists" and "double opt-in" 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
ROKSO (http://www.spamhaus.org/rokso/index.lasso) may be
hosted on our servers. Any account which results in our IP
space being blacklisted will be immediately suspended and/or
terminated.
Ohana Online 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.
Ohana Online reserves
the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee. This cost of the clean up
fee is entirely at the discretion of Ohana Online.
4.) Payment Information
You agree to supply appropriate
payment for the services received from Ohana Online, in
advance of the time period during which such services are
provided. You agree that until and unless you notify Ohana
Online of your desire to cancel any or all services received,
those services will be billed on a recurring basis.
Cancellations must be done in writing via an email sent to
contact@ohanaonline.com with the Subject: Notice of
Cancellation. Invoices that have been paid more than once with
multiple Paypal Subscriptions can only be added as credit
towards the account and cannot be refunded via Paypal. If you
require assistance with this provision, please contact
contact@ohanaonline.com.
Ohana Online reserves
the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Ohana Online is
not responsible for files and/or data residing on your
account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of
files and data stored on Ohana Online servers.
6.) Cancellations and Refunds
Ohana Online reserves the right to cancel the account at any
time with or without notice.
Any abuse of our staff in any medium
or format will result in the suspension or termination of your
services.
Customers may cancel at any time. There are
no refunds on recurring billings once it has been processed,
administrative fees, install fees for custom software, or
domain name purchases.
Violations of the Terms of Service will
waive the refund policy.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
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")
8.) Bandwidth Usage
You are allocated a monthly
bandwidth allowance. This allowance varies depending on the
hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account
until the start of the next allocation, suspend the account
until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional
fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9a.) Money back Guarantee
We reserve the right to refund a
prorated amount or no refund at all.
Each of Ohana Online's managed shared and
reseller servers carry a 30 day unconditional money back
guarantee on them. If you are not completely satisfied with
our services within the first 30 days of your service, you
will be given a full refund of the contract amount.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that
is not within the 99.9% uptime you may receive one month of
credit on your account. Approval of the credit is at the
discretion of Ohana Online dependant upon justification
provided. Third party monitoring service reports may not be
used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime from
the operating system of the server which may differ from the
uptime reported by individual services. To request a credit,
please contact contact@ohanaonline.com with justification. All
requests must be made in writing via email. Uptime guarantees
only apply to shared / reseller solutions.
10.) Shared (non-reseller accounts)
Shared accounts may not resell web
hosting to other people, if you wish to resell hosting you
must use a reseller account.
12.) Dedicated Servers
Ohana Online reserves the right to reset the password on a
dedicated server if the password on file is not current so
that we may do security audits as required by our datacenter.
It is the responsibility of the client to ensure that there is
a valid email address and current root password on file for
their dedicated server on file to prevent downtime from forced
password resets. Ohana Online reserves the right to audit
servers as needed and to perform administrative actions at the
request of our datacenter. Dedicated servers are NOT backed up
by us and it is the responsibility of the client to maintain
backups or have a solution for this. You may purchase an
additional hard drive and maintain backups to it as the most
simple solution. Please contact contact@ohanaonline.com if you
wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.
13.) Price Change
The amount you pay for hosting will
never increase from the date of purchase. We reserve the right
to change prices listed on Ohana Online, and the right to
increase the amount of resources given to plans at any time.
14a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Ohana Online harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against Ohana Online, its agents, its customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or any
product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless Ohana
Online against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise
distributed in connection with Ohana Online; (2) any material
supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party; (3) copyright
infringement and (4) any defective products sold to customers
from Ohana Online's server.
14b.) Arbitration
By using any Ohana Online services, you agree to binding
arbitration. If any disputes or claims arise against Ohana
Online or its subsidiaries, such disputes will be handled by
an arbitrator of Ohana Online's choice. All decisions rendered
by that arbitrator will be binding and final. You also are
responsible for any and all costs related to such arbitration.
15.) Disclaimer
Ohana Online shall not be responsible for any damages your
business may suffer. Ohana Online makes no warranties of any
kind, expressed or implied for services we provide. Ohana
Online disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all
service interruptions caused by Ohana Online and its
employees.
16.) Disclosure to law enforcement
Ohana Online may disclose any
subscriber information to law enforcement agencies without
further consent or notification to the subscriber upon lawful
request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
Ohana Online reserves the right to revise its policies at any
time without notice.
