Ozay Host Internet - Policies
Web Hosting Terms and Acceptable Use Policy (AUP)

Terms of Service
Ozay Host, Ozay Host, provides Internet World Wide Web page hosting, Marketing, Development and Access. Ozay Host has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.

Ozay Host general policy is to act as a provider of Internet presence. Ozay Host reserves the right to suspend or cancel a customer's access to any or all services provided by Ozay Host when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Ozay Host is strictly prohibited.

Unauthorized use of other people's accounts or computers Ozay Host will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a Ozay Host customer, whether or not the attacked account or computer belongs to Ozay Host, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - Ozay Host has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Ozay Host to be unacceptable use of Ozay Host's services including abuse of server resources.

Shared hosting accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred. Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual. Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers). Displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

To maintain the integrity of our shared hosting service, the following limitations apply:

Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads being used as a download repository.). Sites using more than 30% of system resources for longer than 60 seconds.

Ozay Host will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Ozay Host takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. We will charge the comproOzay Hosted account up to $25 per unsolicited email message sent.

The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through Ozay Host (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99+% Uptime Guarantee

(1.) Coverage - This 99+% uptime guarantee applies to any Ozay Host client in good financial standing with Ozay Host at the time of a service outage.

(2.) Service Level Agreement & Specifications - Ozay Host endeavors to have the content of your web site available for http access by any party in the world 99+% of the time. Network downtime (unavailability) is defined as 100% packet loss from Ozay Host to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Ozay Host's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Ozay Host NOC. Ozay Host's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Ozay Host network.

(3.) Credits Shared Hosting - In the event that your web site is not available for more than 99+%, Ozay Host will credit the following month's service fee according to our AnyTime Guarantee Terms.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to . For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Ozay Host. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions - Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Ozay Host, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Ozay Host's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Ozay Host's "terms of conditions and acceptable use policy" causing a machine to fail as a result.

Third Party Software

Each web hosting account comes with its own Addon Scripts, Fantastico and the ability to run your own CGI's.. You are free to use any scripts you wish, however we reserve the right to disable any script that effects normal shared server operation.

IMPORTANT NOTE : Some software/scripts provided by cPanel and Fantastico, may need security updates and upgrades from time to time. Many of the forum software and formmail scripts can be easily exploited, or worse, not coded to properly run in a shared enviroment. By installing these scripts, you agree to maintain them and keep them updated once installed. Ozay Host provides some limited support for third party scripts, however, we can not be considered the end all for them.

Backup Policy

All account data backups are the account holder's responsibility. Ozay Host is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for Ozay Hostsion critical websites or email that require absolute redundancy.


MyFreeWeb Hosting Accounts

You must keep a valid and current email address in your cPanel Control Contact Info. We reserve the right to cancel any free hosting account, if the account owner does not respond within 10 days to an emailed request to contact us. All free hosting accounts must have a Top Level Domain name (.tld) pointing to the account at all times. We do NOT accept subdomains or invalid domain names for hosting services. We reserve the right to cancel any free hosting account, without notice, at any time. Free hosting accounts are also bound by this entire Terms of Service document.

CGI Scripts

Each web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation.

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Ozay Host Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of chat rooms that will more than fill your needs and run without hindering the performance of the machine for others.
Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Disallowed Sites

We do not allow Online Casino, Gambling nor Multi-Level Marketing or Suspicious Investment Sites.
These sites are expressly forbidden and will result in immediate removal.

Abuse of SMTP Mail Server

We do not allow clients to send more than 1000 pieces of e-mail per day from a shared hosting account. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day your account may be moved to a special server that is specifically designed to handle high volumes of e-mail.
Please contact for inquiries..

Background Running Programs

We may allow programs to run continually in the background.
These are considered on a one-to-one basis.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.
IRC servers are not permitted on our network.

Payment Policies

All pricing is guaranteed for the term of your subscription. Ozay Host reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Ozay Host at to request for termination of services. All payment is in U.S. currency. Ozay Host will bill each client $20 per returned check, per wire transfer received and per credit card chargeback received.

Cancellation

Ozay Host reserves the right to cancel service at any time. All fees paid in advance of cancellation, annual, will be pro-rated and paid by Ozay Host if Ozay Host institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Ozay Host's web hosting plans are backed by our Exclusive Any Time money back guarantee. If you are not completely satisfied with our services or support, you will be given a full refund of the monthly contract amount for the current months service, excluding setup fees, if any, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Ozay Host is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via Refunds will be made by company check.

Intellectual Property Rights

Material accessible to you through Ozay Host's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Ozay Host or its servers and network in a manner that would infringe, violate, dilute or Ozay Hostappropriate any such rights, with respect to any material, which you access or receive through the Ozay Host network. If you use a domain name in connection with Ozay Host or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Ozay Host network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Ozay Host 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. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Ozay Host a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Ozay Host under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Ozay Host shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Ozay Host and Ozay Host reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.


Lawful Purpose

Ozay Host reserves the right to refuse service to anyone. Customers may only use Ozay Host server for lawful purpose. TransOzay Hostsion of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Ozay Host management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in San Francisco County, CA, and any dispute will be litigated or arbitrated in San Francisco County, CA. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in San Francisco County courts. IN NO EVENT SHALL MOOSE INTERNET SERVICE'S MAXIMUM LIABILITY EXCEED FIFTY ($50.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MOOSE INTERNET SERVICE HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MOOSE INTERNET SERVICE, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MOOSE INTERNET SERVICE AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MOOSE INTERNET SERVICE'S SERVER; (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 CUSTOMER FROM MOOSE INTERNET SERVICE'S SERVER.

Disclaimer

MOOSE INTERNET SERVICE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MOOSE INTERNET SERVICE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MOOSE INTERNET SERVICE 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 MOOSE INTERNET SERVICE AND ITS EMPLOYEES. MOOSE INTERNET SERVICE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF MOOSE INTERNET SERVICE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.