Terms of Services
The use of services from obosor.com constitutes agreement to these terms. You may view our Privacy Policy here.
Free Web Hosting: a) Link back to http://www.obosor.com is compulsory in all hosted sites.
Sites without the link back will be terminate immediately.
b) If the account's main domain's NS or A/CNAME record does not resolve to obosor.com Servers at any point in time, the account will be watched for a day or two. If this does not change within three days, the account will be suspended. And if issue is not resolved within two days after suspension, the account will be deleted.
Paid Web Hosting:
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) in case 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. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
2.) Content
All services provided by OBOSOR.COM may
only be used for lawful purposes. The laws of the State of Florida, the State of
Texas, and the United States of America apply. Because our server is located
their.
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. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared servers include:
Topsites IRC, Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), 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), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PBBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro,
OBOSOR.COM services, including all related equipment, networks and network devices are provided only for authorized customer use. OBOSOR.COM systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of OBOSOR.COM system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. OBOSOR.COM may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), 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 abuse@obosor.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 (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or 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 user name 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 purchased lists 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 may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
OBOSOR.COM 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.
OBOSOR.COM reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of OBOSOR.COM.
4.) Payment Information
You agree to supply appropriate
payment for the services received from OBOSOR.COM, in advance of the time
period during which such services are provided. You agree that until and unless
you notify OBOSOR.COM of your desire to cancel any or all services
received, those services will be billed on a recurring basis. This includes when
accounts are suspended. When an account's invoices are paid outside of the 10
day grace period, invoices will not be automatically generated. However, after
the customer notifies OBOSOR.COM of his or intent to resume service,
invoices will be manually generated and payment expected for the time the
account was suspended.
As a client of OBOSOR.COM, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. OBOSOR.COM provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a BDT 300 late fee and/or an account suspension until account balance has been paid in full. The BDT 300 late fee is applied in addition to whatever else is owed to OBOSOR.COM for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@obosor.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and OBOSOR.COM cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
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 sales@obosor.com
OBOSOR.COM reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at
your sole risk. Our backup service is provided to you as a courtesy.
OBOSOR.COM 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
OBOSOR.COM servers. Backups will not be provided for accounts that have
been suspended or terminated for any reason unless otherwise agreed to in
writing by OBOSOR.COM.
6.) Cancellations and Refunds
OBOSOR.COM reserves
the right to cancel, suspend, or otherwise restrict access to 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.
We offer a 30 day money back guarantee only if you don't like our service, which mean we will only refund a service if we are to fault. For example, you did not receive what was advertised, uptime fell, slow support. If its your fault or your trying to provide inappropriate or inaccurate reasons we wont provide a refund. We don't offer refunds if huge resources were used or your broke the terms of service during the 30 day period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
User may not:
a) Use 10% or more of system resources for longer then 60
seconds. There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended
server-side processes at any point in time on the server. This includes any and
all daemons, such as IRCD.
c) Run any type of web spider or indexer
(including Google Cash / AdSpy) on shared servers.
d) Run any software that
interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any
file-sharing/peer-to-peer activities
g) Run any gaming servers such as
counter-strike, half-life, battlefield1942, 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")
7b.) INODES
The use of more than 250,000 inodes on any
shared account may potentially result in a warning first, and if no action is
taken future suspension. Accounts found to be exceeding the 50,000 inode limit
will automatically be removed from our backup system to avoid over-usage. Every
file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20
gigs of disk space will be removed from our off site weekly backup with the the
exception of Databases continuing to be backed up. All data will continue to be
mirrored to a secondary drive which helps protect against data loss in the event
of a drive failure.
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.
9) Uptime Guarantee
If your shared 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 OBOSOR.COM
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 and the Apache Web
Server which may differ from the uptime reported by other individual services.
To request a credit, please contact sales@obosor.com with justification. All
requests must be made in writing via email. Uptime guarantees only apply to
shared / reseller solutions.
Dedicated servers are covered by a network guarantee in which the credit is prorated
for the amount of time the server is down which is not related to our uptime
guarantee.
10) 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 OBOSOR.COM, and the right to increase the amount of resources
given to plans at any time.
11a.) Indemnification
Customer agrees that it shall
defend, indemnify, save and hold OBOSOR.COM harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against OBOSOR.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 OBOSOR.COM against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise distributed in connection
with OBOSOR.COM; (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 OBOSOR.COM's server.
11b.) Arbitration By using any OBOSOR.COM services, you agree to submit to binding arbitration. If any disputes or claims arise against OBOSOR.COM or its subsidiaries, such disputes will be handled by an arbitrator of OBOSOR.COM's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
12) Disclaimer
OBOSOR.COM shall not be responsible
for any damages your business may suffer. OBOSOR.COM makes no warranties of
any kind, expressed or implied for services we provide. OBOSOR.COM
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 OBOSOR.COM and its
employees.
13) Disclosure to law enforcement
OBOSOR.COM 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.
14) Changes to the TOS
OBOSOR.COM reserves the
right to revise its policies at any time without notice.
