OMEGABYTE.NETWORKS agrees to provide you ("User") with those services ("Service") set forth on the Application subject to User's compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
As an Internet Service Provider, OMEGABYTE.NETWORKS provides dedicated server computers, which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer, by ordering services from OMEGABYTE.NETWORKS, states that it wishes to connect to the World Wide Web utilizing the hardware and software resources of OMEGABYTE.NETWORKS to establish an Internet web presence on one of OMEGABYTE.NETWORKS’ server computers.
The application for service constitutes a binding contract between OMEGABYTE.NETWORKS and the Customer and does not extend to any other person or entity. Customer may not resell to third parties, unless approved as a reseller under the terms and conditions of the OMEGABYTE.NETWORKS’ reseller agreement, and is bound by the terms under this Agreement. Cancellations after the application is received and webspace is set-up will still hold the Customer responsible for costs incurred by OMEGABYTE.NETWORKS concerning the set-up of the web space.
With respect to the service to be provided herein, the Customer acknowledges that OMEGABYTE.NETWORKS makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that OMEGABYTE.NETWORKS shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
The utilization of any data or information received by the Customer from the utilization of the service to be provided by OMEGABYTE.NETWORKS is at the Customer's sole and absolute risk. OMEGABYTE.NETWORKS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
If OMEGABYTE.NETWORKS shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against OMEGABYTE.NETWORKS, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by OMEGABYTE.NETWORKS for any reason.
In the event that OMEGABYTE.NETWORKS may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, OMEGABYTE.NETWORKS may immediately discontinue such service to the Customer without liability. Payments on accounts that are terminated for abuse are not refundable under any circumstances.
The Customer shall indemnify and hold harmless OMEGABYTE.NETWORKS from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against OMEGABYTE.NETWORKS on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
OMEGABYTE.NETWORKS exercises no control whatsoever over the content of the information passing through OMEGABYTE.NETWORKS' system. Use of any information obtained via OMEGABYTE.NETWORKS is at User's risk. Neither OMEGABYTE.NETWORKS nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does OMEGABYTE.NETWORKS make any warranty as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY OMEGABYTE.NETWORKS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER OMEGABYTE.NETWORKS NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL OMEGABYTE.NETWORKS, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT OMEGABYTE.NETWORKS IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, OMEGABYTE.NETWORKS'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of OMEGABYTE.NETWORKS in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold OMEGABYTE.NETWORKS, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by OMEGABYTE.NETWORKS, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify OMEGABYTE.NETWORKS in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and OMEGABYTE.NETWORKS shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
User represents to OMEGABYTE.NETWORKS that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. OMEGABYTE.NETWORKS has no control over and accepts no responsibility whatsoever for such materials.
send unsolicited email, (known as 'spam') to anyone residing on our servers or through our servers, or when dialed into the network. The following types of email sent constitute as spam: Forged email To/From address other than from the actual sender or to the actual recipient. Message subject not related to the email body. Email not requested by the recipient. Emails sent in bulk by sender. Mail bombs.
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;
post on webspace provided any sexually explicit materials or materials that may be offensive.
post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or copyright holder;
upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;
send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");
allow users to run Maillist, Listserv or any form of auto-responds from User's account;
run or activate processes while User is not logged in;
violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity; or
violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.
OMEGABYTE.NETWORKS has no obligation to monitor the Service. However, User agrees that OMEGABYTE.NETWORKS has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. OMEGABYTE.NETWORKS will not intentionally monitor or disclose any private E-mail message unless required by law. OMEGABYTE.NETWORKS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. OMEGABYTE.NETWORKS reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of OMEGABYTE.NETWORKS following payment of a reconnection charge, to be determined by OMEGABYTE.NETWORKS in its sole and absolute discretion.
User agrees to limit their use of the OMEGABYTE.NETWORKS service, specifically regarding the use of OMEGABYTE.NETWORKS' electronic (email) services, to the following restrictions:
User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the OMEGABYTE.NETWORKS service.
User agrees to be held responsible for the distribution of fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. OMEGABYTE.NETWORKS RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF OMEGABYTE.NETWORKS SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR OMEGABYTE.NETWORKS SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, OMEGABYTE.NETWORKS RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF OMEGABYTE.NETWORKS SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Although OMEGABYTE.NETWORKS advertises "Unlimited Bandwidth" in regards to some of its services there are several limitations applied. The sole purpose of these limitations are intended of unnecessary use of OMEGABYTE.NETWORKS services by any such User, which restricts system availability for other such Users. These limitations apply only to Hosting offered by OMEGABYTE.NETWORKS.
You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.
Although we advertise unlimited bandwidth for certain types of Web hosting accounts, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove the website from our system.
A credit card User agrees to allow OMEGABYTE.NETWORKS to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify OMEGABYTE.NETWORKS of any changes in credit card number or expiration date. If the card is not honored for any reason, on the billing date, User agrees to pay OMEGABYTE.NETWORKS, an administrative fee of $25.00. OMEGABYTE.NETWORKS will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. OMEGABYTE.NETWORKS will attempt to contact the cardholder, and if alternative billing has not been established, the account will be terminated immediately.
If payment is by check, or Electronic Funds Transfer, payment due dates are indicated on User's invoice. Dishonored checks and Dishonored Electronic Funds Transfers are subject to an administrative collection fee to be determined by OMEGABYTE.NETWORKS in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within 3 days of notification, service will be terminated and a late fee of $25.00 or 5.0% of the outstanding balance (whichever is higher) will be added to charges for additional Service.
OMEGABYTE.NETWORKS maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to late fee of $25.00 or 5.0% of the outstanding balance (whichever is higher) for each month of any outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event OMEGABYTE.NETWORKS utilizes an attorney or outside collection agency to collect any unpaid amounts, User shall be responsible for the outstanding amount including any and all late fees, interest charges and payment of all attorneys' fees and costs in the collection of these sums.
OMEGABYTE.NETWORKS reserves the right to change prices at any time without prior notice to its’ customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
OMEGABYTE.NETWORKS reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. Cancellations after the first of the month will be charged for that month.
User must notify OMEGABYTE.NETWORKS via telephone or in writing to cancel Service. Cancellations shall not be honored by electronic mail. In the event of cancellation, User will be issued a unique cancellation number. Fees for any setup, shipping and handling, and monthly service charges placed by OMEGABYTE.NETWORKS are non-refundable.
In certain instances a contract term will be specified on a service order form or service agreement. User agrees to complete specified contract term. In the event User decides to cancel service, prior to the completion of that specified contract term, User agrees to pay a cancellation fee equal to the amount of the full dollar value of the billable minimum service charge for the remaining term. This payment must be made at the time of written notification by customer of intent to cancel service.
Any custom hardware ordered by OMEGABYTE NETWORKS on customer behalf is NON-REFUNDABLE. Warranties are provided by MEGABYTE NETWORKS based on manufacturer warranties purchased with all systems. OMEGABYTE NETWORKS will honor all manufacturer warranties. Unopeneded software can be returned for a refund less a 20% re-stocking fee.
Customers wishing to upgrade services may be issued a written waiver of above mentioned cancellation fee.
Information transmitted through OMEGABYTE.NETWORKS and through the Internet in general is not confidential. OMEGABYTE.NETWORKS cannot and shall not guarantee privacy or protection of any User. OMEGABYTE.NETWORKS reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of OMEGABYTE.NETWORKS
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, OMEGABYTE.NETWORKS may publish User's name and other consumer information in one or more directories, which may be accessed by other Internet users. In addition, unless User notifies OMEGABYTE.NETWORKS to the contrary as provided above, OMEGABYTE.NETWORKS may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.
The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.
OMEGABYTE.NETWORKS does not and will not perform system backups on any User's E-mail account(s). OMEGABYTE.NETWORKS shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, OMEGABYTE.NETWORKS will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Although OMEGABYTE.NETWORKS does perform scheduled system backups on Web sites, OMEGABYTE.NETWORKS shall not be held responsible for any lost Web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, OMEGABYTE.NETWORKS will not provide historical data, to any party for any reason, regarding any system or Internet activity.
OMEGABYTE.NETWORKS may deny User access to all or part of the Service without notice if User engages in any conduct or activities that OMEGABYTE.NETWORKS in its sole discretion believes violates any of the terms and conditions in this Agreement. If OMEGABYTE.NETWORKS denies User access to the Service because of such a violation, User shall not have the right (1) to access through OMEGABYTE.NETWORKS any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through OMEGABYTE.NETWORKS, and OMEGABYTE.NETWORKS shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to OMEGABYTE.NETWORKS' system for periods exceeding (5) five hours, in any single continuous session. User authorizes OMEGABYTE.NETWORKS to enforce these restrictions by appropriate software and network measures, automated and manual.
User agrees to notify OMEGABYTE.NETWORKS if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to OMEGABYTE.NETWORKS.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
OMEGABYTE.NETWORKS' failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
OMEGABYTE.NETWORKS may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
OMEGABYTE.NETWORKS shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of OMEGABYTE.NETWORKS.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming OMEGABYTE.NETWORKS as the defendant, shall be proper only in a venue determined by OMEGABYTE.NETWORKS.
In any action between OMEGABYTE.NETWORKS and User to enforce any of the terms of this Agreement, OMEGABYTE.NETWORKS shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and OMEGABYTE.NETWORKS with respect to the Service. No employee or Agent of OMEGABYTE.NETWORKS may verbally modify or alter the terms and conditions of this agreement.
Graphic design, web design and custom software application development are subject to the OMEGABYTE Design and Development Agreement. For the specific services previously listed, the terms of the OMEGABYTE Design and Development Agreement supercede the terms and condition of this agreement.
For More Information, you can call us at (210) 202-1400.
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