NOTICE: Account setup fees are NON-REFUNDABLE.
You may cancel your web hosting account within thirty (30) days
of your account creation date
and receive a full refund of THE MONTHLY OR ANNUAL SERVICE CHARGE
ASSOCIATED WITH YOUR ACCOUNT. Account cancellations MUST be made
in writing via email. ONLY pre-purchased hosting and resource
fees may be refunded on a pro-rated basis for any time (days) remaining
on your account.
One Stop Internet Solutions Inc. ("The Company" or "OSIS")
agrees to furnish services to the Subscriber, subject to the following
ToS (Terms of Service).
Use of OSIS Service constitutes acceptance and agreement
to OSIS's AUP (Acceptable Use Policy) as well as OSIS's ToS (Terms
All provisions of this contract are subject to the
ToS (Terms of Service) of OSIS and AUP (Acceptable Use Policy). The
AUP may be changed
from time to time at the discretion of the Company. Subscriber understands
that change to the AUP by the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in all respects
in accordance with the laws of the Province of Ontario, City of Toronto
applicable to contracts enforceable in that Province. Venue will
be the city of Toronto, Ontario, CANADA.
Note: Pornography and
sex-related merchandising are prohibited on any One Stop Internet
This includes web sites that may infer sexual content, or links to
adult content elsewhere. This is also true for sites that promote
activity or content that may be damaging to One Stop Internet Solutions
Inc.'s servers or any other server on the internet. Links to such
also prohibited. All IRC (Internet Relay Chat) related activities
are strictly prohibited and can be cause for immediate account termination!
Disclosure to Law Enforcement: The
AUP specifically prohibits the use of our service for illegal activities.
agrees that the Company may disclose any and all Subscriber information
including assigned IP numbers, account history, account use,
etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition
OSIS shall have the right to terminate all service set forth
Rates: Subscriber acknowledges that the nature of the
service furnished and the initial rates and charges have been
to Subscriber. Subscriber is aware that the Company may prospectively
change the specified rates and charges from time to time.
The promotional offer is contingent upon Company achieving
maintaining its cost
of service goals including but not limited to rates charged to company
by its suppliers.
of this service is dependent upon receipt by the Company of payment
of stated charges. Subsequent payments
are due on the anniversary date of the month for that month's service.
The above applies to all accounts and services provided by OSIS.
Payments and Fees: All
prices listed on OSIS sites are in US Dollars and as such will be
billed in US Dollars. Credit cards that are declined for any reason
are subject to a $1.00 declination
will be interrupted
on accounts that reach 10 days past due. Service interrupted for
nonpayment is subject to a $10.00 reconnect charge. Accounts not
paid by the due date are subject to a $5.00 late fee. Accounts that
are not collectable by OSIS may be turned over to an outside collection
agency for collection. If your account is turned over for collection,
you agree to pay One Stop Internet Solutions Inc. a "Processing
and Collection" Fee
of not less than $20 nor more than $150. If you desire to cancel
your account, please follow the proper procedure to do this as outlined
in this ToS.
Refund and Disputes: One
time account setup fees are NON-REFUNDABLE. All overcharges or billing
disputes must be reported within 45 days of the time the dispute
occurred. If you dispute a charge
to your credit card issuer that, in OSIS's sole discretion is a valid
charge under the provisions of the ToS and/or AUP, you agree to pay
OSIS an "Administrative Fee" of not less than $25 and not
more than $150.
Failure to Pay: The Company may temporarily deny service or terminate
this Agreement upon the failure of Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest
and any collection fees.
Account Cancellation: Request
for termination of user accounts can be made through the OSIS Customer
Control Panel. Termination requests
received will take effect immediately. Hosting fees and recurrent
fees for additional services such as added disk space, bandwidth
transfer, etc will be refunded and the calculation is prorated (day).
Overage fees (fees charged for extra usage of resources that was
i.e. use of extra bandwidth beyond the free included) are not refundable.
Subscriber acknowledges that the service provided
is of such a nature that service can be interrupted for many reasons
other than the negligence
of the company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, Subscriber agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount equivalent
to charges payable by Subscriber for services during the period damages
occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
New Domains: Payment made for domain registration will not be refundable
in all cases, including those that involve mistakes committed by
any persons, OSIS staff or not, at any stage of the domain registration
process. A confirmation e-mail will be sent to registrants within
24 hours of the submission of the domain name purchase order.
Transfer of Domains: New
web hosting accounts which involve the transfer of a domain from
another provider to OSIS will require a minimum of
seven (7) days to be set up and entered into our DNS servers. In
some cases, such transfers may take up to sixty (60) days. Due to
the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take.
Support Boundaries: OSIS provides 24 x 7 technical support to our
subscribers (except for few holidays and short company meetings)
We limit our technical support to our area of expertise. The following
is our guidelines when providing support: OSIS provides support related
to your services or virtual site physical functioning. OSIS does not
offer tech support for application specific issues such as cgi programming,
html or any other such issue. OSIS does not provide technical support
for YOUR customers.
SPAM and Unsolicited Commercial
Email (UCE): OSIS takes a zero tolerance
approach to the sending of Unsolicited Commercial Email (UCE) or
SPAM over our network. Very simply this means that customers of OSIS
may not use or permit others to use our network to transact in UCE.
Customers of OSIS may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of service.
Violation of OSIS's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, OSIS
will initiate an immediate investigation (within 48 hours of notification).
During the investigation, OSIS may restrict customer access to the
network to prevent further violations. If a customer is found to
be in violation of our SPAM policy, OSIS may, at its sole discretion,
restrict, suspend or terminate customer's account. Further, OSIS reserves
the right to pursue civil remedies for any costs associated with
the investigation of a substantiated policy violation. OSIS will notify
law enforcement officials if the violation is believed to be a criminal
First violations of this policy will result
in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account. Users
who violate this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $150 per hour
that OSIS personnel must spend to investigate the matter. PLEASE,
DO NOT SPAM from your account.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their
server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their services
immediately disabled. The services will not be enabled until such
time that you agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow us access
to the account to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the account from our network without notice to the customer.
Any account guilty of a second violation WILL be immediately and
permanently removed from our network without notice.
IP Address Ownership: If OSIS assigns Customer an Internet Protocol
address for Customer's use, the right to use that Internet Protocol
address shall belong only to OSIS, and Customer shall have no right
to use that Internet Protocol address except as permitted by OSIS
in its sole discretion in connection with the Services, during the
term of this Agreement. OSIS shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned
to Customer by OSIS, and OSIS reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion.
IP Address Usage: Any customer caught using an IP address that has
not been assigned to them agrees to pay a $25 fee. The domain caught
using the offending IP address can be disabled or deleted at the
discretion of OSIS.
Bandwidth and Disk Usage: Customer
agrees to pay OSIS for any additional bandwidth and disk usage
per month as set out in our pricing. OSIS will monitor Customer's
bandwidth and disk usage.
System and Network Security: Users are prohibited from violating
or attempting to violate the security of the OSIS Network. Violations
of system or network security may result in civil or criminal liability.
OSIS will investigate occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations. These violations
include, without limitation:
Accessing data not intended for such User or logging
into a server or account, which such User is not authorized to
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
Attempting to interfere with service to any
user, host or network, including, without limitation, via means
of overloading, "flooding", "mail
bombing" or "crashing".
Forging any TCP/IP packet
header or any part of the header information in any e-mail or
Taking any action in order to obtain services
to which such User is not entitled.
Notification of Violation:
OSIS is under no duty to look at each customer's or
user's activities to determine if a violation of the AUP has occurred,
nor do we assume
any responsibility through our AUP to monitor or police Internet-related
First violation: Any User, which OSIS determines to have violated
any element of this Acceptable Use Policy, shall receive an email,
warning them of the violation. The service may be subject at OSIS's
discretion to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations.
Second Violation: Users
that OSIS determines to have committed a second violation of any
element of this Acceptable Use Policy shall
be subject to immediate suspension or termination of service without
Suspension of Service or Cancellation: OSIS reserves the right to
suspend network access to any customer if in the judgment of the
OSIS network administrators the customer's account is the source or
target of the violation of any of the other terms of the AUP or for
any other reason which OSIS chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated
until an investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be contacted
regarding the activity. The customer will not be credited for the
time the customer's account was suspended. The customer will also
not be credited for any fees if their account has been terminated.
OSIS reserves the right to amend its policies at any
time. All resellers of OSIS must adhere to the above policies. Failure
to follow any term
or condition will be grounds for immediate cancellation. You will
be held responsible for the actions of your clients in the matter
described on these Terms and conditions.
Indemnification: OSIS wishes to emphasize that in agreeing to the
OSIS Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies OSIS for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to OSIS or the bringing
of any claim against OSIS by any third-party. This means that if OSIS
is sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against OSIS, plus all costs
and attorney's fees.
Miscellaneous Provisions: You
must provide us with, and keep current, good contact information
about you. E-mail, telephone and fax contacts
are used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement
by Subscriber shall not operate as or be construed as a continuing
or subsequent waiver thereof or as a waiver of any breach of any
other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company may assign
at anytime without consent from or notice to Subscriber. Company
reserves the right to cancel customers rights under this contract
at anytime without further obligation.
OSIS takes no responsibility for any material input
by others and not posted to the OSIS Network by OSIS. OSIS is not
the content of any other websites linked to the OSIS Network; links
are provided as Internet navigation tools only. OSIS disclaims any
responsibility for any such inappropriate use and any liability to
any person or party for any other person or party's violation of
OSIS is not responsible for any damages your business may suffer.
OSIS does not make implied or written warranties for any of our services.
OSIS denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions including equipment
Responsibility for Content: You, as OSIS's customer, are solely responsible
for the content stored on and served by your account.
We do reserve the right to edit the terms of service at any time
with or without notice.