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Terms of Services
Octopushostingnetwork.com reserves the right to suspend or cancel a customer’s access to any or all services provided by Octopushostingnetwork.com when Octopushostingnetwork.com decides that the account has been inappropriately used or otherwise.
SERVER USE
Octopushostingnetwork.com reserves the right to refuse service and / or access to its servers to anyone. Octopushostingnetwork.com does not allow to host contents or links promoting any religion or sect. Following contents are also not allowed to host.
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Octopushostingnetwork.com.
Warez – Includes pirated software, ROMS, emulators, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
SPAM – Octopushostingnetwork.com has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We defines UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. We defines spam as any type of unsolicited email used for any purpose. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam.
This includes, but is not limited to:
- Using a non-existent return email address when sending commercial solicitations.
- Mail-bombing (sending numerous messages to the same user).
- Subscribing someone else to a mailing list without that person’s permission.
- Posting the same article to multiple newsgroups.
- Using another network to send spam that relates in any way to Octopushostingnetwork.com or any site hosted by Octopushostingnetwork.com (including your site).
If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
Email Usage Limits:
There is a 125 outgoing email hourly limit per domain. This limit is also applied towards MAILING Lists also. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again.
CONTENT OF WEBSITES:–
All services provided by Octopushostingnetwork.com may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Octopushostingnetwork.com 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 or host any type of religious content will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support [at] Octopushostingnetwork.com with the information required.
Examples of unacceptable material on all Shared and Reseller servers include:
- Religious Sites (any type of religious content and uses texts or rituals of religion to ridicule or shock)
- Political Content
- Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
- Selling and promoting drugs, any type of medicines, alcohol or tobacco products.
- Running or promoting Lottery / Gambling Websites.
- Hacker focused sites/archives/programs or spreading any type of Viruses
- Sites promoting illegal activities
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Pirated Software/Warez
- Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
- Forums and/or websites that distribute or link to warez / pirated / illegal content
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- File Dump / Mirror Scripts (similar to rapidshare)
- Mail Bombers / SPAM Scripts
- Proxy Scripts / Anonymizers
- IRC Scripts / Bots
- AutoSurf / PTC / PTS / PPC sites
- IP Scanners
- Bruteforce Programs / Applications / Scripts
- Banner-Ad services (Commercial banner AD rotation)
- Commercial Audio Streaming (more than one or two streams)
- Escrow / Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
- Bank Debentures / Bank Debenture Trading Programs.
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
HIGH RESOURCE USER POLICY:
Resources are defined as bandwidth and/or processor utilization.
Octopushostingnetwork.com may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available Octopushostingnetwork.com reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
User may not:
- Use 15% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems;
these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc. - Run cron entries & scheduled tasks with intervals of less than 20 minutes
- Run any MySQL or MS SQL queries longer than 15 seconds. Make databases tables should be indexed appropriately.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Participate in any file-sharing / peer-to-peer activities.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://www.yourdomainname.com/include.php“) use include(“include.php”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and / or 10% of the server’s CPU.
This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
When the Services Will be Available?
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
REFUNDS
All Web Hosting plans include 15 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of hosting service only. .
Any request for cancellation must be received via the web form, E-mail and you will receive a confirmation upon the cancellation of your account. No refunds are available after 15 days.
In case of Free domain Registratiion, All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your hosting account.
In case of Terms Violation
Accounts cancelled/terminated by Octopushostingnetwork.com for violating our Terms of Use do not qualify for the 15-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Customer refund requests are to be sent via email or phone within 15 days from service purchase date and will only be processed in the cases of service non-performance or corruption that might be caused by Octopushostingnetwork.com’s side, Refund requests will not be accepted if it’s requested for any cause that’s out of Octopushostingnetwork.com’s side, For example:
- Failure of any third party programs that’s not supported by Octopushostingnetwork.com’s.
- Customer’s lack of experience dealing with web basics and communication protocols.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Octopushostingnetwork.com harmless from all liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Octopushostingnetwork.com, 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 Octopushostingnetwork.com against liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Octopushostingnetwork.com’ server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Octopushostingnetwork.com’ server.
DISCLAIMER:
Octopushostingnetwork.com will not be responsible for any damages your business may suffer. Octopushostingnetwork.com makes no warranties of any kind, expressed or implied for services we provide. Octopushostingnetwork.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Octopushostingnetwork.com and its employees. We strongly recommend all of our customers to do their own backups of website files, database & emails to ensure they have ready access to their data in the event we should have a hardware failure. Though we do not expect anything like this to occur, we want you to be prepared in the event that it does. Octopushostingnetwork.com reserves the right to revise its policies at any time.
Octopushostingnetwork.com also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
By using Octopushostingnetwork.com services you agree to the above terms of service as in effect from time to time.