Terms of Service
By opening an account with OneB or by using any services you acknowledge that you
have read, and you agree to be bound by all terms and conditions of these terms
of service and policies that are or may be published by us. If you do not wish to
be bound by these terms and conditions, you should not proceed to place any information
of any kind on this site.
General Term
In consideration of services to be delivered by the company, customer
agrees to be bound by the following terms and conditions:
Customer agrees to pay, in advance of each monthly/quarterly/half-yearly/yearly
service term, for hosting services to be rendered and in advance of each annual
term, for domain names to be registered, SSL certificates or any other service provided
by the company to him.
Customer agrees to a no-refund policy in advance. Domain registration charges, setup
fees and monthly web hosting service fees are non-refundable.
Non-payment of services shall result in a 5-day notice of disconnection. All payment
failures must be cured within 5 business days from invoice due date or account will
be suspended and/or terminated at the company's sole discretion.
The company is/shall not be responsible for loss of data or data integrity or any
monetary/non-monetary loss for any accounts that are suspended, terminated, disconnected
or interrupted because of customer’s failure to pay for services.
Customers agree to pay all taxes applicable to his account.
Server resources
Any web site that uses a high amount of server resources (such as,
but not limited to CPU time, memory usage, and network resources, mail servers,
FTP servers, HTTP servers, SQL database servers) reserves the right to suspend that
site immediately. This policy is only intended to prevent the misuse of our servers
and to avoid interruption in services to other customers.
Agreement for Services
The company will provide, and Customer will purchase and pay for, the
domain name registration, web hosting, SSL certificates and any other services provided
by the company according to the service fees specified in the order for the applicable
service description.
Accurate Information.
You agree to maintain accurate information by providing updates to
OneB, as needed, while you are using OneB products and services. You agree you will
notify OneB within five(5) business days when any change of the information you
provided as part of the application and/or registration process changes. If you
provide any information that is inaccurate, not current, false, misleading or incomplete,
or if OneB has reasonable grounds to suspect that your information is inaccurate,
not current, false, misleading or incomplete, then it has the absolute right, in
its sole discretion, to terminate its services and close your account.
Storage and Security.
At all times, you shall bear full risk of loss and damage to your server
and all of your server content. You are entirely responsible for maintaining the
confidentiality of your password and account information. You acknowledge and agree
that you are solely responsible for all acts, omissions and use under and charges
incurred with your account or password or in connection with the server or any of
your server content displayed, linked, transmitted through or stored on the server.
You shall be solely responsible for undertaking measures to:
- any loss or damage to Your server content.
- Backup policy - OneB retains and offers backups to the client but we do not guarantee
this service from failure. Therefore we recommended all customers to keep their
own backups.
Fees, Payment and Refund.
As consideration for the products and/or services purchased by You
and provided to you by OneB:
- Fees are payable in advance on the first day of each billing cycle. Customer's
billing cycle shall be monthly, quarterly, half-yearly or annually as indicated
on their order, beginning on the service commencement date.
- All fees are due immediately and are non-refundable unless otherwise expressly noted,
even if your services are suspended, terminated or transferred prior to the end
of the term of service.
- OneB may increase its fees for services effective the first day of a renewal term
by giving notice to the customer of the new fees at least Twenty(20) days prior
to the beginning of the renewal term.
- You may receive a refund if your account is cancelled within the initial 14 days
after sign up. If the account holder cancels after the time period specified, there
will be no refund given. Refunds DO NOT apply to dedicated IP addresses, SSL certificates
or domain registration related fees.
- Payments must be made in US dollars. OneB may suspend the service without notice
if payment for the service is overdue for at least Twenty(20) days.
- If a customer violates OneB’s terms of services, a refund will not be issued in
the event of a cancellation by OneB.
Billing
You choose billing cycle during signup process and pay for the products
or services in accordance with it. Your billing date will be determined based on
the day of the month of your purchase. Billing cycle can be changed later on only
upon customer's request submitted as a ticket to 'Hosting Billing Department'
at OneB Solution's help desk.
Enforceability
In the event that any provision of this agreement shall be unenforceable
or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this agreement unenforceable
or invalid as a whole. We will amend or replace such provision with one that is
valid and enforceable and which achieves, to the extent possible, our original objectives
and intent as reflected in the original provision.
Assignment and Resale
Except as otherwise set forth herein, your rights under this agreement
are not assignable or transferable. Any attempt by your creditors to obtain an interest
in your rights under this agreement, whether by attachment, levy, garnishment or
otherwise, renders this agreement void able at our option. You agree not to reproduce,
duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any
of the services (or portion thereof) without OneB's prior express written consent.
Limitation of Liability Waiver and Release
The services offered by OneB are being provided on an "AS IS"
and OneB expressly disclaims any and all warranties, whether express or implied,
including without limitation any implied warranties of merchantability or fitness
for a particular purpose, to the fullest extent permitted or authorized by law.
Without limitation of the foregoing, OneB expressly does not warrant that the OneB
products and/or services will meet your requirements, function as intended, or that
the use of the provided services will be uninterrupted or error free.
Notices
You agree that any notices required to be given under this agreement
by us to you will be deemed to have been given if delivered in accordance with the
account and/or domain name WHOIS information you have provided.
Suspension/Termination
OneB may suspend services to the customer without notice and without
liability if:
- AUP is violated.
- OneB reasonably believes that the suspension of service is necessary to protect
its network or its other customers.
- On the request made by a law enforcement or regulatory agency.
Account Cancellation
Customers may cancel their account at any time, for any reason, by
contacting 'Customer Support' with their request. 'Customer Support' shall send
a confirmation of receiving cancellation request within 15 days of receiving the
request.
Once a customer has cancelled his account at least 15 days before the renewal date,
no more charges will be billed to the account. Cancellations on or after renewal
or within 15 days of renewal date will be charged renewal fees.
Customer can terminate their account for any reason or for no reason. However, customer
understands and agrees that the company does not provide pro-rated or any other
kinds of refunds on cancellations. All fees customer has paid shall be non-refundable.
Account renewals
In order to ensure uninterrupted service to your website, all plans
have to be renewed.
Reactivation
Customers who wish to reactivate a closed account will be assessed.
Network security
In case of any tampering done to our network security, we will take
an immediate action against the respective hosting account.
Abuse of Space
As per our policies, at least 90% of your web pages (HTML) must be
"Linked" with files (.GIF, .JPEG, etc.) which are stored in our server.
Web space must not be used by your visitor for free upload, download heavy size
file. Web sites containing a large number of unlinked files or using server space
for data storing propose are subject to deletion of files otherwise we will cancel
the account without prior notice.
Customers can not run IRC, bots or clients on servers.
Customers are also prohibited from running Bulk Emailing, Unsolicited Emailing,
Newsgroup Spamming, Pornographic Content, Illegal Content, Copyright Infringement,
Trademark Infringement, Warez, Cracks, and Software Serial Numbers.
Modification of This Agreement
We may amend this agreement at any time by posting the amended terms
on the site. Except as stated below, all amended terms shall automatically be effective
at 12:01 am on the effective date, which in most cases will be no less than 30 days
after the amended terms are initially posted on the site. Except as provided in
this Section, this agreement may not be amended or modified except in a writing
signed by you and OneB.
Delinquent Accounts
The Company may temporarily deny service or terminate this agreement
upon failure of customer to pay charges when due. Such termination or denial will
not relieve customer of responsibility for the payment of all accrued service fees
and/or any collection fees to which the company may be entitled under this agreement
or under applicable law.
Force Majeure
The company 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 civil or military authority, acts
of public enemy, terrorism, riots, civil disturbances, insurrections, explosions,
earthquakes etc.
Consent to Jurisdiction & Venue
Jurisdiction and venue for arbitration or litigation of any dispute,
controversy, or claim arising out of, in connection with, or in relation to this
agreement, or the breach thereof shall be proper only in a venue determined by the
company.
Indemnification Policy
In no event shall OneB be liable for any kind of loss including loss
of profits, loss of data, injury to person or property or any other kind of damage
caused to the customer.
Conflicts with other Agreements.
In the event of any conflict between this agreement and the terms and
conditions governing your use of any service(s) provided by OneB's third party
service providers or any registry administrator, the terms and conditions of this
agreement shall govern as it relates to any rights and remedies as between you and
us.
Governing Law
Your rights and obligations and all actions contemplated by this agreement
shall be governed by the law of Canada if any matter related to your use of the
OneB’s services and products are brought exclusively in the court.