Terms And Conditions Of Services
And Acceptable Use Policy
Our Computer Tech, Inc. ("O.C.T.") provides Internet web design, hosting and custom programming services to companies and individuals. By establishing an account, contract or by use of the services offered by O.C.T., you agree to be bound by this agreement and any modifications that may be applied in the future. In return, O.C.T. will make a best faith effort to provide the services agreed to.
O.C.T. uses DNS based block lists to cut down on the amount of UCE (unsolicited commercial email), UBE (unsolicited bulk email) and spam received by our customers. O.C.T. does not warrant that the lists used are without error or that desired email will not be blocked. O.C.T. also maintains a private block list that clients may suggest entries for. Additionally, O.C.T. can "white list" certain I.P.'s so that mail from them will be accepted, clients may also request that certain I.P. addresses be added to this list. Please contact support for more information.
Upon establishing an account with O.C.T. to host a web site, O.C.T. will create a new user account for your site and install a "Coming Soon" web page. The "Coming Soon" web page may be modified at any time by O.C.T. without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by O.C.T., (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. Clients may delete this "Coming Soon" page from their site.
1. Acceptable Use
A. Client agrees to refrain from certain activities including, but not limited to:
1. Storing and/or distributing illegal copies of copyrighted software, warez sites, violations of copyrights and trademarks, violations of U.S. laws, selling and/or distributing illegal contraband.
2. Internet abuse including, but not limited to: sending of UCE (unsolicited commercial email), UBE (unsolicited bulk email), unsolicited email or spam , distribution of mass e-mailing programs, cross-posting messages to a large number of usenet groups, posting obscene or inflammatory messages, threatening other Internet users, mail bombing Internet users, running packet sniffers or port scanners. The determination of what is "UBE, UCE, unsolicited email or spam" and therefore prohibited shall be solely made by O.C.T.
2a. If it is discovered that the customer had their service terminated due to sending of UCE (unsolicited commercial email), UBE (unsolicited bulk email), unsolicited email or spam or any AUP violation at another ISP we reserve the right to terminate their service without notice or refund.
2b. Customer agrees not to use any mailing list that they did not create themselves using proper confirmed opt-in procedures. If they do, OCT reserves the right to terminate their service without notice or refund.
2c. If customer uses OCT systems for email, customer consents to any filtering OCT may perform and agrees that they will not hold OCT liable for any rejected email or any loss or injury due to any rejected or lost email.
2d. If a customer advertises a web site by use of unsolicited email, OCT reserves the right to terminate their service without notice or refund.
3. Systems abuse includes, but is not limited to, use of excessive CPU resources, use of excessive disk space, use of excessive email storage space, hacking our or other systems or installing continuously running programs such as, but not limited to, IRC bots.
B. Client agrees to refrain from the posting, presentation, promotion or transmission of adult, pornographic or obscene images, text or other content. The determination of what is "adult content" and therefore prohibited shall be solely made by O.C.T.
C. Client agrees to refrain from the posting, presentation, promotion or transmission of spamware or other material that may be considered UBE, UCE or spam friendly. The determination of what is "UBE, UCE or spam friendly" and therefore prohibited shall be solely made by O.C.T.
D. Should Client violate any policy, O.C.T. reserves the right to terminate Client's account without notice and without refund. Client agrees to be held responsible for any charges related to any required services to remove Clients files, repair any damaged files, hardware or other measures taken.
2. Hyperlinks to Third Party Sites
The appearance of external hyperlinks does not constitute endorsement by OCT of the opinions or views expressed by these linked web sites and OCT does not verify, endorse, or take responsibility for the accuracy, currency, completeness, availability or quality of the content contained in these sites. Furthermore, OCT is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, OCT will not be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall OCT assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, OCT wil lunder no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
3. Payment
Client agrees to provide O.C.T. with current, accurate and complete billing information and to promptly notify O.C.T. of any changes in such information.
Client will be billed on a quarterly basis for that quarter's hosting services and any additional usage or services incurred the preceding quarter. Charges are due and payable on the invoice date. Payment must be received within ten days of the invoice date for that quarter's services and any additional usage or services incurred the preceding quarter.
Accounts for which payment has not been received within ten days of their due date are subject to suspension and de-activation. De-activated accounts are subject to an $80.00 reactivation fee after receipt of payment. The reactivation fee is payable in advance of reactivation of the account.
O.C.T. is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by O.C.T. Client agrees to pay O.C.T. for any charges O.C.T. incurs for insufficient funds, charge refusals, collection fees or any other like charge.
4. Protection of User Password
Upon acceptance of Client by O.C.T., client will be provided with user name(s) and password(s) for their use on O.C.T. servers. Client will keep this information confidential, and in the event that Client discovers any unauthorized use of this information, Client will immediately notify O.C.T. and authorizes O.C.T. to suspend Client s account until new usernames and passwords may be issued.
5. Privacy Statement
O.C.T. agrees not to share or sell Client information with any third party without Clients authorization. O.C.T. will provide Client information at the request or order of a local, state or national U.S. court, local, state or national government law enforcement agency or other local, state or national government agency.
O.C.T. may inform Client by e-mail of offers it has received from third parties of services, products or other merchandise that may be of interest to O.C.T. clients. Such mailings will be made from an O.C.T. account and will provide Client with a method to inform O.C.T. if they wish to no longer receive such offers.
6. Termination
E-mail termination of your hosting service will not be accepted until such message has been verified by a response to a message originated from O.C.T. Client agrees to provide O.C.T. with at least 5 business days notice of intent to terminate their service and such termination will occur on the last day of the current month. Client agrees to pay any outstanding charges by the 5th day following notification of such charges on a terminated account. Without prior notice, O.C.T. may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if O.C.T, in its sole discretion, believes you have violated this Agreement, or any of the applicable user policies, or if you fail to pay any charges when due. O.C.T. may provide termination notice to you by: e-mail addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 1, 6 and 7 of this Agreement shall survive termination of this Agreement.
7. Indemnification
Client agrees to defend, indemnify and hold harmless O.C.T. against any liabilities arising out of defective products sold to Client's customers from Client's site or O.C.T. servers, personal injury or property damage caused by products or services sold or distributed from Client's site or O.C.T. servers, any material that infringes or allegedly infringes on the rights of a third party available from Client's site or O.C.T. servers, any material that libels or allegedly libels a third party available from Client's site or O.C.T. servers and any illegal products or services available from Client's site or O.C.T. servers.
8. Services are Provided on an "As Is" and "As Available" basis
O.C.T. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. O.C.T. MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH O.C.T. OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY O.C.T. OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. O.C.T. AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.