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HomeKnowledge BasePolicies and DisclosuresOochie Hosting Terms of Service
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Article ID120
Created On5/6/2008
Modified5/6/2008
Oochie Hosting Terms of Service
Terms of Service
Last Updated 5/6/2008

IMPORTANT NOTICE: All Payments to Oochie.com are Non-Refundable.

Oochie.com ("The Company") agrees to furnish services to the client, subject to the following TOS (Terms of Service).

Use of Oochie.com Service constitutes acceptance and agreement to Oochie.com's AUP (Acceptable User Policy) and Oochie.com's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Oochie.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Wisconsin, county of Milwaukee applicable to contracts enforceable in that state. Venue will be Milwaukee County, Wisconsin.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition Oochie.com shall have the right to terminate all service set forth in this Agreement.

Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Contract Term: Oochie Hosting will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectible by Oochie.com will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments after the initial 30 days of service to Oochie.com, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Oochie.com's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Oochie.com an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Oochie.com via e-mail at cancellations@oochie.com. You must have all account information to cancel.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: Oochie.com provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Oochie.com provides support related to your server or functioning. Oochie.com does not offer tech support for application specific issues such as CGI/ASP/Perl programming, HTML or any other such issue. Oochie.com does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@oochie.com or utilize the online ticket support system for assistance. Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of Oochie.com is required to login to your server to provide support, system administration fees can be applied to your account.

SPAM and Unsolicited Commercial Email (UCE): Oochie.com takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of Oochie.com may not use or permit others to use our network to transact in UCE. Clients of Oochie.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Oochie.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Oochie.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, Oochie.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Oochie.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Oochie.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Oochie.com will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Oochie.com personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the Oochie.com network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership: If Oochie.com assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Oochie.com, and Customer shall have no right to use that Internet Protocol address except as permitted by Oochie.com in its sole discretion in connection with the Services, during the term of this Agreement. Oochie.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Oochie.com, and Oochie.com reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the Oochie.com website. Oochie.com will monitor Customer's bandwidth. Oochie.com shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Oochie.com's sole and absolute discretion. If Oochie.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Oochie.com may, at its sole discretion, collect a deposit, in an amount determined by Oochie.com, against customer's credit card on file with Oochie.com.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Oochie.com Network. Violations of system or network security may result in civil or criminal liability. Oochie.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
  • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • Taking any action in order to obtain services to which such User is not entitled.
Notification of Violation: Oochie.com is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Oochie.com determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Oochie.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Oochie.com determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: Oochie.com reserves the right to suspend network access to any customer if in the judgment of the Oochie.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Oochie.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Oochie.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Oochie.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Oochie.com wishes to emphasize that in agreeing to the Oochie.com Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Oochie.com for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Oochie.com or the bringing of any claim against Oochie.com by any third-party. This means that if Oochie.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Oochie.com, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone, US Mail, and fax contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.

Oochie.com takes no responsibility for any material input by others and not posted to the Oochie.com Network by Oochie.com. Oochie.com is not responsible for the content of any other websites linked to the Oochie.com Network; links are provided as Internet navigation tools only. Oochie.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Oochie.com is not responsible for any damages your business may suffer. Oochie.com does not make implied or written warranties for any of our services. Oochie.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Oochie.com.

Responsibility for Content: You, as Oochie.com's customer, are solely responsible for the content stored on and served by your Oochie.com server.