Terms of ServiceThese Terms of Service (“TOS”) of ONeil Online (“oneilonline”), cover all brands by and from ONeil Online. These are, but not limited to, Intrinsic Technologies, Watta Server, and Oorah Gaming. All these brands are covered by these terms provided as and by ONeil Online. This Terms of Service govern the services, servers, other devices, and IP addresses provided, managed, or assigned to you by ONeilOnline (collectively, “Services”), as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) accepted by you. No terms or conditions different from those contained herein shall apply unless separately agreed with ONeilOnline. You must register and accept this TOS in order to use the Services. ONeilOnline may modify this TOS at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on http://www.oneilonline.com. BY REGISTERING FOR, USING THE SERVICES, MAKING PAYMENTS AND TRANSACTIONS FOR SERVICES AS STATED ON THE INVOICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE Terms of Service, Service Level Agreement AND THE Acceptable Use Policy, AND AGREE TO BE BOUND BY THE Terms of Service, Service Level Agreement, AND THE Acceptable Use Policy.
Terms and Conditions
TermsThe term of this TOS will be a minimum of 2 years for all services rendered from start date, unless otherwise stated and agreed at the time of purchase. Orders completed online are by default month to month. If special circumstances exist a Master Services Agreement, Service Schedule, or Contract may be created, signed and apply. Monthly services are for the full term of the month. Yearly services are for the full term of the year.
This TOS will continue perpetual until you or ONeilOnline provides two (2) days prior written notice of termination for hosting services. Hosting services totaling $500 or more are required to submit written notice of termination 30 days prior to termination of services. Services under agreement, a cancellation fee of 10% of the monthly invoice for the remaining months of service up to 2 years will be billed. If a Service Schedule or Contract is in place, please see section Term and Termination for details of the term and steps for termination. To provide your notice of termination for hosting services, you must login to your client portal (login via My Account), submit a cancellation ticket to the accounting department and fill out the corresponding cancellation form to initiate the cancellation of your Service. If special circumstances exist, termination criteria will be stated in the agreement.
Registering for, using the service, making payments and transactions for services as stated on the invoice, is an acknowledgment in agreement to and bound by the Terms of Service (TOS), Service Level Agreement (SLA), and the Acceptable Use Policy (AUP).
Customer's Hosting HistoryPrior to accepting all orders customers are validated and checked against FraudRecord, Maxmind, and other reporting agencies and websites to validate the customer's hosting history. The is to ensure and protect ONeilOnline from fraud, spammers, and any malicious intent that may originate from our network. If a history is found the order will be canceled and/or refunded, and the account closed. Any Fraud or malicious history will be reported to the appropriate agencies.
Because all orders are validated and checked, if we have any suspicion of Fraud or malicious intent, even if payment has been completed, the order may remain as "Pending" until an inquiry from the customer is initiated. At point which identification verification may be requested until the order is processed and proceeds.
If history is discovered after or during the usage of our services we consider this to be a direct violation of our TOS and AUP. This forfeits any money, fees, and/or payments submitted by you the customer. This states that money, fees, payments made for Services CAN NOT be “Reversed”, “Refund”, and/or “Chargeback”, including any “Money Back Guarantee”, at any time during or after Services Activated, this Master Agreement, Delivery Agreement and/or Service(s) Termination has been established and/or set forth, or anytime thereafter for the duration of existence of ONeil Online (oneilonline).
Forms: Identity Verification, IP Justification, Master AgreementForms, one or in combination, may be requested to complete your order. Any additional requested information for Identity Verification or IP Justification is used solely for business purposes and operations. Any additional information requested in a Master Agreement is used for business legal purposes. All provided information is gathered using secure methods and retained offline in a secure facility for ONLY legal purposes. If you trust us with your data, we trust that you are legitimate and act legitimately. Otherwise, we may, in our sole discretion, provide information about you to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability.
Fraud, Spam or Malicious IntentWe have a VERY strict TOS and AUP on Fraud, Spam or Malicious Intent. Placing an order using a proxy or IP spoofing is strictly not allowed. If a login from an IP beyond reasonable distance is on record during purchase, support, or when login to any service is not allowed. Using a proxy or VPN to place an order or access service is strictly not allowed. This is considered intent or an attempt to commit Fraud and/or malicious activities. All such activities are a violation of this TOS and AUP. As outlined any violation of the TOS is a forfeit of any money paid. Any and all Fraud, Spam and Malicious activity or intent will be reported to the appropriate agencies, local authorities of the customer, and the FBI.
Service, Service Activation, Build TimesService activation information and service build times are posted with the service on our website. You can view the status of your order any time within the service page of your account online.
ALL service orders will be vetted by our sales staff, including the customer's hosting history as outlined above. Any Validation Forms, or IP Justification Forms, will be sent when an order is received AND must be completed, signed, and approved prior to an order entering build. Build times start when the service enters build, NOT when payment is completed.
Most of our services are instant activation, meaning that once payment is completed and cleared, service is automatically activated. However services like dedicated servers, or custom build and configuration of servers, take time to complete.
When an order enters "In Build" or "Build" status, this means the order is approved and is now at the datacenter. At this status, cancellations are NOT allowed, ALL sales are final, as outline in this TOS. All build times are estimated times for delivery. Understandably, we do not know the minute by minute activities at our datacenters, so we do not know how busy staff is at the time the order is received at the datacenter, hence build times are estimated. Repeatedly creating support tickets to inquire about the status, or making threats of any kind, as a result of impatience will NOT make the build time any faster. This behavior is a violation of our TOS and may result in your order being canceled.
"Push Build", "Rush Build", or builds that require less time may be requested, but we can not make any guarantees. Please plan accordingly to allow for build times, this is not our responsibility. We would much rather take our time to get it correct the first time, rather than rush and have the customer experience issues down the line.
When service is activated, a Welcome Email will be sent outlining the details of your service and any logon information.
Custom OS InstallationsThe customer may request a Custom OS installation during the configuration section of checkout. The custom OS installation is to be completed using IPMI or KVMIP. Completing a custom OS installation, using IPMI or KVMIP, allows the customer to alter, for better or worse, starting at the BIOS level, the performance of the server and its hardware. As a result, a custom OS voids any responsibility towards ONeilOnline for the performance of the server. It is NOT a reflection of the service, performance, or hardware operated and maintained by ONeilOnline. ONeilOnline is NOT responsible for the installation, operation, configuration, maintenance, and performance of the unmanaged server. OS support or issues that may arise, is limited by ONeilOnline because of license agreements in place, therefore requests should be made to the OS manufacturer. A degradation of performance and/or service as a result is a direct violation of our TOS, and forfeits any money paid, or request for refund.
Game Servers: Watta Server or ONeilOnlineGame servers are allowed to be hosted on dedicated servers or a VPS from Watta Server or ONeilOnline. We do not recommend game servers to be hosted on a VPS due to the shared and limited resources of a VPS.
Communication: Contacting Us, Support System, Ticket System, Live ChatONeilOnline offers three methods to contact us. #1 Our Ticket system is our primary method of contact, respond times are posted live to our website and typically are less than a minute. Sales, Support, and Abuse are all reported and communicated via the ticket system. The ticket system is preferred because all communication is recored and archived, this allows both our staff or the customer to review their history. #2 Live Chat is used with both the sales and support staff for communicating quick questions. If an inquiry is more lengthy a ticket may be created in order to complete a request or gain a full answer. #3 Our phone number is posted at the bottom of our website. The phone is ONLY for sales calls and business operations. All phone calls are screened/filtered before being answered. The phone is rarely used because there is no record of communication.
All communication is to be conducted in a mature and professional manner. ANY childish, obnoxious, rude, belligerent, or trolling behavior/communication is considered communication abuse. Spamming the ticket system, or repeated requests/inquiries, is considered communication or ticket abuse. Posting to ANY forums or message boards in regards to support issues or inquiries, and/or trolling and for defamation purposes is also considered communication abuse. As with any Abuse and/or Abuse Report this is a violation of our TOS and may result in service being suspended and/or terminated, and your account closed, forfeiting any refund and/or money paid, without any notification. The saying, "the customer is always right" attitude does not give you the right to act inappropriately, or place you the customer above us. As stated previously, if you trust us with your data, we trust that you are legitimate and act legitimately. In addition, we are a professional business entity, we act professionally, so we expect you to act professionally.
Game Servers: OorahGamingOorah Gaming is a game hosting provider, we are not game developers. Our product is the game server, the hardware and network it runs on. We perform rigorous testing on all game servers prior to releasing their availability on our website. This ensures that when a game server is purchased by the customer, we know it will work without issue out of the box. If the game server includes an addon or mod that is available through our website or our TCAdmin control panel, this too has undergone the same rigorous testing to ensure they work out of the box. We are available for help or assistance if you wish to config, modify, install addons, install mods, etc. We will try our best to get these added features to work, but we can not make any guarantees, as this is beyond our scope of products we offer.
We are not responsible for issues or compatibility issues that are the result of the game developers or game development. This includes issues from games that are in Beta or Alpha release. Understandably, such issues are beyond our support abilities and is an issue that should be brought up with the game developers. Because of the issues and instability often found with Beta or Alpha releases, these can often affect the performance of the server, and is not our responsibility or a reflection of our hardware or network. No refunds will be granted for games that are in Alpha or Beta release.
We are not responsible for issues or compatibility issues that are the result of a Game Addon or Game Mod. Understandably, such issues are beyond our support abilities and is an issue that should be brought up with the game addon/mod developers. Because of the issues and instability often found with Addons or Mods, these can often affect the performance of the server, and is not our responsibility or a reflection of our hardware or network. No refunds will be granted for Game Addons or Game Mods that do not work and/or cause issues.
We have DDoS protection in place for all game server nodes that automatically monitors and mitigates all forms of DDoS attacks. However, if the DDoS attack is large enough a null route may be the only choice to prevent further network issues and/or interruptions. Oorah Gaming is not responsible for DDoS attacks that may render your game server to perform poorly due to high bandwidth usage or a null route. Any downtime as a result of a DDoS attack is unfortunate, but if it is beyond our abilities to mitigate this is not a reflection of our network performance or server performance. In the gaming industry DDoS attacks are typically the result of a "pissed off" gamer who is enacting revenge on a game server admin. If you are aware who the attacker is, the IP or SteamID, we can look into the source and block, ban, and/or report them because DDoS attacks are a violation at all ISPs and will result in an immediate account termination at that ISP. The DDoS attacker and DDoS target are third parties and beyond our service or control, Oorah Gaming is not responsible. Therefore, no refunds will be granted as a result of a DDoS attack.
Oorah Gaming 24 Hour Money Back Guarantee is available upon request and must be approved. The refund request must be submitted prior to the 24 hour deadline from the time the order was placed. The customer must have a valid reason or issue to qualify for this refund. The customer must make contact with OorahGaming support staff and troubleshoot the issue beyond a reasonable doubt to qualify for this refund. The customer must be fully cooperative and informative in troubleshooting the issue with support staff. If an Oorah Gaming support staff has altered, extended, or waived any of the requirements for the refund, this will be reflected in the support ticket and be on record. The 24 Hour Money Back Guarantee does NOT cover buyer's remorse, to ensure fair use and no abuse of this guarantee. The terms set forth within this TOS also apply to this 24 hour money back guarantee.
Abuse Reports, DDoS Attacks, Null RouteDowntime as a result of an Abuse Report or DDoS attack forfeits any money paid for services or refunds. Abuse Reports and Null Routes are a means to communicate with the customer and/or mitigate network abuse issues. All services are unmanaged unless stated otherwise, the customer is responsible to administrate and maintain the operation of the software and security of their server to ensure it is not compromised. This includes preventive measures to, but not limited to, Abuse Reports resulting in spam, high bandwidth usage, network attacks, and DDoS attacks. The customer will ALWAYS be notified first about an Abuse Report. Understandably, depending on the severity and reason of the Abuse Report, the customer MUST reply within a timely manner and/or we may act proactive to limit and/or prevent the abuse from continuing. If no reply to an abuse report is received service may be suspended and/or terminated. Additionally, the customer is responsible to ensure they host data that does not prove to be an attractant to network attacks or DDoS attacks. DDoS attacks are not the result of our activities but those of the customer's or third parties, we are not responsible. We will do our best to mitigate the attacks but in the case that the attack is large we will have no choice but to null route the server, to isolate the attack and limit the network impact. Once a server is null route there is 100% NO access to the server. This includes altering the IPs allocated to a server because the IPs are bind by the Operating System, the IPs are now considered "dirty". Abuse Reports, DDoS Attacks, and Null Routes are the result of poor or bad customer hosting history, repeated actions like these may result in account and/or service termination without warning, and/or the report of these abuses to the authorities: federal, state, and/or local. Abuse Reports and DDoS Attacks are to be taken seriously.
DDoS Services & MitigationOur DDoS services are 100% automated. The network is monitored 24/7 and once a DDoS attack is "sensed" our DDoS mitigation will automatically try to mitigate the attack. During DDoS mitigation service will remain 100% operational and latency/ping should remain within standards. Depending on the type of attack and severity, network performance may occasionally have "hiccups" and/or experience connectivity or network degradation issues. If the attack is significant enough and/or experiences repeated/frequent significant spiking a null route will automatically be put in place for the affected IP and/or subnet of IPs. Once a null route is in place the network connection is "cut" or "blank" resulting in a loss of connectivity or downtime. When a null route is in place there is 100% no access to the server, nor is any hardware or IP allocation changes allowed. Our DDoS mitigation will then monitor the affected IPs every minute to see if the attack has subsided or ended. If the attacks has subsided or ended the null route will automatically be removed and the service will be 100% operational and accessible again.
Bulk OrdersService orders in excess of 5 are considered bulk orders. Bulk orders must be paid in full at the time the order is placed in order to be accepted. Cancellation of bulk orders, which includes cancellation during build times or process times, is in violation of these Terms of Service, all payments made become completely non refundable. The Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action.
Services: Charges and InvoicingYou will pay all amounts owed under each Service Schedule and all other amounts owed to ONeilOnline by the due date of the invoice. All fees and charges are payable for the duration of the Service Schedule, regardless of whether you actually use any of the Services.
All Charges are exclusive of taxes and other fees. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes or fees assessed with respect to the Charges, other than taxes based on ONeilOnline net income. Your Service comes with a set bandwidth allotment per device per calendar month. If you exceed this allotment, you will be charged overage bandwidth at a rate of $10.00 per gigabyte. Bandwidth is billed in arrears, and you will receive a bill for any overage bandwidth the month following the month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s), and you are solely responsible for any and all overages incurred by them.
Any shared storage or backup service comes with a set data storage allotment for each calendar month. If this allotment amount is exceeded, ONeilOnline will contact you via email to notify you of the overage. To have your storage allocation increased, no action is required. ONeilOnline will automatically increase your allotted storage 72-hours after the initial notification to accommodate your increased storage needs. The increase will provide up to an additional 10GB of storage capacity beyond your then-current storage amount. If you do not want a storage allocation increase, you must notify ONeilOnline within 72-hours of receiving the notification and reduce your storage usage to a level below your set data storage allotment.
ONeilOnline will have the right in its sole discretion at any time to substitute certain Services, or the means of delivery of certain Services, provided to you under a Service Schedule with comparable services. From time to time ONeilOnline may remove equipment from service due to age, irreparability, or other factors. Except in the event of an emergency, ONeilOnline will strive to provide you with at least thirty (30) days’ notice before replacing equipment.
Charges not paid by the due date are subject to an interest rate that is the lower of one and one-half percent (1.5%) per month or the highest rate permitted under applicable law, beginning on the first day after the due date until the relevant amounts are fully paid. Services interrupted for non-payment are subject to a $25 suspension fee, per device. All amounts past due, including the suspension fee, must be paid before devices are reinstated. Services canceled for non-payment are subject to a $100 reactivation fee, per device. ONeilOnline does not guarantee the availability of the same device upon reactivation. All amounts past due, including the reactivation fee must be paid before Services are reactivated.
Hardware: Charges and InvoicingBids, Quotes, Invoices for, but not limited to, hardware, servers, desktops, workstations, laptops, custom servers, custom desktops, either written, verbal or online, contain the following Terms and are agreed upon once work has commenced.
Terms: The Client hereby Authorizes ONeilOnline to perform the work specified above, agrees that the prices, terms and specifications are satisfactory and agrees to pay ONeilOnline charges as stated on this form. All Hardware requires full payment for work to commence, and a 15% restocking fee will be assessed for any returns. Network and Web Page Development requires a 50% deposit for work to commence, and 50% upon completion of work. Any payments not received when due may be charged an additional 5% penalty per month, of the outstanding balance. No cancellation will be accepted after the order has been approved, only postponements will be accepted. Any postponement will be charged an additional 5% per month, of the outstanding balance. ONeilOnline assumes no liability for loss or damage due to theft or fire. For large items stored by ONeilOnline a $25.00 per item, per day storage fee applies. www.oneilonline.com
PaymentYou will pay all charges for the first month of Services and charges for any setup fees in advance of the first day the Services are provided. You will pay all subsequent charges for Services in their entirety in advance of each renewal date of the Services. No payment grace periods are allowed, unless previously agreed upon well in advance of the due date. If you pay for the Services by credit card, debit card, or third party payment processing, like PayPal, 2Checkout, etc, you authorize ONeilOnline to charge your credit card, debit card or third party to pay for any charges that may apply to your account. You will immediately notify ONeilOnline of any changes to your credit card account, debit card account, or third party information (including changes to your account number, your billing address, cancellation of your account, expiration of your account, or any information that may prohibit ONeilOnline from properly charging your account). Any third party payment processing, like a PayPal account, is the end user's responsibility. Subscription payments made through third party payment processing is the responsibility of the end user to maintain to ensure proper payment.
ONeilOnline manages account information, project management, project tasks, credits, payments and invoicing with WHM Complete Solution (WHMCS). WHMCS is the name of the program database engine that is hosted on our network. At any time a client may login to their account and view the status of their account. Clients may also make payments towards any open invoice at any time via WHMCS. Clients are also allowed to add money to their account, for credit, via WHMCS. Third party vendors like PayPal and 2Checkout, maintain credit card information for the processing of payments. In order to submit payments, the creation of an account with these vendors is optional, it is not required. In order to submit a subscription payment, the creation of an account is needed. The third party account created has no association and/or relationship with ONeilOnline, nor do we have any responsibility for the maintenance of this third party account. In order for subscription payments to work correctly, the account created with PayPal or 2Checkout must contain identical information, if it is not, payments will not be completed. Oneilonline is not responsible for incomplete payments as a result of issues or errors from incorrect matching information between the third party payment vendor and WHMCS. In the case of account termination, ONeilOnline is also not responsible for the termination for your account with the third party payment vendor.
Hosting Services Invoices are automatically sent out using WHMCS. If a payment is not received within 24 hours the account is suspended and any applicable late fees will be applied. If payment is not received within 3 days the account is terminated and all data is deleted. If you have not received any email notices please make sure all email from ONeilOnline is added to your whitelist so it is allowed for delivery. Often free email addresses like hotmail, yahoo or gmail, etc. have system wide spam filters, and because the WHMCS email is an automated email it is occasionally blocked by these automated spam filters. If you do use a free email service, we strongly recommend that once your hosting package has been created with us, to change your main account email address to the one hosted with us in order to ensure the prompt delivery of email. We are not responsible for the management of your email and/or spam filters.
Hosting Services Invoices that are paid with Mail in Payment are subject to the same TOS. If a payment is not received within 24 hours the account is suspended. If payment is not received within 3 days the account is terminated and all data is deleted. Please ensure checks are mailed on time to ensure continuity of Service.
The Services, other or as stated in a Master Services Agreement, Service Schedule, or Contract, will state the terms of payment as agreed upon.
Service orders in excess of 5 are considered bulk orders. Bulk orders must be paid in full at the time the order is placed in order to be accepted. Cancellation of bulk orders, which includes cancellation during build times or process times, is in violation of these Terms of Service, all payments made become completely non refundable. The Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action.
RefundsAll services rendered by ONeilOnline and any of our brands, are provided on a non-refundable basis. This includes, but it not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and bandwidth overage fees, regardless of usage. In addition, if your service is terminated or account is canceled for violation of this TOS or AUP, all payments made become completely non refundable. The Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action.
If a refund has been approved it will complete processing within 30 days.
Disputes and ChargebacksAt the time of purchase, you have registered and accepted the TOS in order to use the Services. Payment received is Proof of Purchase in the form of a receipt and/or transaction ID submitted by you from the order form you completed at the time of purchase. This validates that you have accepted the Services, specifications, and the terms set forth as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) and the TOS, SLA, and AUP.
When these services were brought online and/or activated a “Welcome Email” was sent, and the “Status” was set to “Active”, at the time of delivery. You can view the status of your service at any time with your account online. The allocation and provision of these Services validates, Proof of Purchase and Delivery, that Services have been delivered as said and/or stated, that you have accepted and received Proof of Delivery for the duration and specifications set forth as described in the Service Schedule(s), Agreement, Contract, or other Order Form(s) (collectively, “Service Schedule”) accepted by you.
This forfeits any money, fees, and/or payments submitted by you in the form of a Proof of Purchase for Services rendered in the form of a “Refund”, “Chargeback”, and/or “Money Back Guarantee”. This states that money, fees, payments made for Services CAN NOT be “Reversed”, “Refund”, and/or “Chargeback” at any time during or after Services Activated, this Master Agreement, Delivery Agreement and/or Service(s) Termination has been established and/or set forth, or anytime thereafter for the duration of existence of ONeil Online (oneilonline).
Raising a billing dispute with our payment processors or charging back a payment made to ONeilOnline will result in immediate service termination and/or immediate close of the customer account. We reserve the right to immediately terminate all services without refund in such instances.
Raising a billing dispute or requesting a refund without a valid reason or issue, or if the customer fails to provide access to the server or services for troubleshooting or assessment, is in violation of this TOS. Services will be terminated immediately without refund in such instances.
Raising a billing dispute or requesting a refund if the customer has altered anything, software, hardware, or changed the root/Administrator password, is in violation of this TOS. Services will be terminated immediately without refund in such instances.
Raising any kind of dispute in a public forum and/or website without basis or merit, in an attempt to conduct defamation, blackmail, a vendetta, or slander, is in violation of this TOS. Services will be terminated immediately without refund in such instances.
If your are requesting for additional IPs, IP justification must be valid and approved by ONeilOnline and ARIN. If IP allocation is denied or not approved this is not a valid reason for a refund and considered violation of this TOS. This is why it is clearly sated that if you are unsure about your IP justification, please seek approval before purchase by submitting a support ticket. Depending on this instance, the customer may be reported to FraudRecord, or any other appropriate reporting agency.
Doing a charge-back or creating a PayPal dispute before communicating with us will result in a breach of our Terms of Service. Your services will be immediately terminated and you will be reported to FraudRecord, or any other appropriate reporting agency.
All amounts not timely and appropriately disputed within thirty (30) days after the due date will be deemed final and not subject to further dispute. In the event you dispute any charges invoiced by ONeilOnline, you will pay the undisputed portion of the charges and notify ONeilOnline in writing about the disputed amount. In such written notice, you will identify in reasonable detail your reasons for the dispute along with the nature and amount of the dispute. If you were billed in error, ONeilOnline will issue a credit for the amount billed incorrectly within sixty (60) days after it determines that an error has been made. Credits issued have no cash value and will be applied against current invoices or future services. In the event that ONeilOnline determines that the amount was billed correctly, you will pay the applicable disputed amount within fifteen (15) business days after ONeilOnline confirms to you that the amounts were properly charged, together with interest accrued since the due date.
Any threat of legal action against ONeilOnline will result in immediate account and service termination without refund.
Failure to PayFailure to fully pay your fees for Services and applicable taxes when due shall be a material breach of this Agreement, justifying ONeilOnline to temporarily deny service or terminate this Agreement. You are responsible for any costs that ONeilOnline incurs in collecting amounts from you, including reasonable attorneys' fees, court costs and collection agency fees.
TerminationThe term of this TOS will be a minimum of 2 years for all services rendered from start date, unless otherwise stated and agreed at the time of purchase. If special circumstances exist a Master Services Agreement or Service Schedule may be created, signed and apply. Monthly services are for the full term of the month. Yearly services are for the full term of the year. We do not offer prorated billing or early termination. If you terminate this TOS, or if ONeilOnline terminates this TOS because of your breach, before the end of the term set forth, you will be required to pay immediately and without setoff or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts that you owe to ONeilOnline under this TOS including, but not limited to, bandwidth overage charges.
Modification of TermsAny terms and conditions set forth in a Master Services Agreement, Service Schedule, or Contract agreed to by you and ONeilOnline will take precedence over the terms of this TOS.
Use of ServicesBy using the services, you agree to be bound by the terms of this TOS and any modifications to this TOS. ONeilOnline may terminate your account without notice for any violation of this TOS and AUP.
Password Security/Order ValidityIt is your sole responsibility to monitor use of your user ID and password (“Access Codes”) for all purposes, including, but not limited to, ordering from ONeilOnline’s website and customer support portal. You accept all responsibility for the security of your Access Codes and utilization of the secure areas of ONeilOnline’s website.
Support Services and BoundariesONeilOnline provides 24/7/365 technical support. We limit our technical support to our area of expertise.
The following are our guidelines when providing support:
We encourage you to check our knowledge base for more detailed information.
Customer RepresentationsYou warrant, represent, and covenant to ONeilOnline that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this TOS; (c) you will use the Services only for lawful purposes and in accordance with this TOS and all applicable Policies and Procedures; (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance; (e) you are not located in, under the control of, or a national or resident of any country or territory to which export is prohibited under the laws of any country in which ONeilOnline operates; and (f) you are not on the US Treasury Department List of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. “Policies and Procedures” means the then current ONeilOnline guidelines and instructions, as amended from time to time, that provide operating requirements, and performance requirements and other obligations of each party with respect to the Services, including, without limitation, this TOS and Acceptable Use Policy at http://www.oneilonline.com/acceptableusepolicy.php.
To the extent you purchase Internet bandwidth Services through ONeilOnline, you warrant and represent to ONeilOnline that (i) you will use the Services only for lawful purposes; (ii) you will not transmit, retransmit or store material in violation of any federal or state laws or regulations (nor permit third parties to do so); and (iii) you will notify your end users of and make commercially reasonable efforts to ensure that your end users comply with the applicable Policies and Procedures.
PublicityONeilOnline will be permitted to use your name and logo in any media, for the purpose of identifying ONeilOnline’s customers or issuing press releases, with your consent, which you will not unreasonably withhold.
IP AddressesONeilOnline will maintain and control ownership of all Internet Protocol (”IP”) numbers and addresses that ONeilOnline may assign to you. ONeilOnline may, in its sole discretion, change or remove any and all IP numbers and addresses at any time. A request for many IPs may require an IP Justification Form to be completed prior to the assignment of the IPs. This form is to verify the terms of service and justification of the IPs. Services like web hosting, email hosting, SSL certificates, nameservers, VPN, are services that do NOT require multiple IPs and reasoning as such will result in an IP justification that is denied.
ONeilOnline conforms to the North American IP Registry (ARIN) policies regarding IP address allocation.
ONeilOnline takes internet abuse of services, including but not limited to, hacking, spam, spamvertising, and IP black listing as a result of these actions very seriously.
Third Party ProductsONeilOnline may provide you with access to third party software and/or services (”Third Party Products”) through reseller relationships that ONeilOnline has established with certain commercial vendors (”Third Party Vendors”). Unless otherwise notified, product support for Third Party Products is provided by ONeilOnline and not by the Third Party Vendor. USE OF THIRD PARTY PRODUCTS IS AT YOUR SOLE RISK AND THIRD PARTY PRODUCTS ARE PROVIDED ”AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM ONeilOnline OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ONeilOnline NOR ANY THIRD PARTY VENDOR WILL BE RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. YOU AGREE TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS. YOU SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND ONeilOnline FOR ANY IMPROPER USE OF THIRD PARTY PRODUCTS OR VIOLATIONS OF THIRD PARTY VENDOR LICENSE AGREEMENTS AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Limitation and Exclusion of Liability
LIMITATIONSYOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR AND YOUR END USERS’ USE OF THE SERVICES PROVIDED BY ONeilOnline. YOU ACKNOWLEDGE THAT THE INTERNET (1) CONTAINS MATERIALS THAT ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO SOME PEOPLE AND (2) IS ACCESSIBLE BY PERSONS WHO MAY ATTEMPT TO BREACH THE SECURITY OF ONeilOnline’S AND/OR YOUR NETWORK FACILITIES AND THE DATA CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONeilOnline ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST OR STOLEN CONTENT, LOSSES ARISING FROM THE FAILURE TO FURNISH SERVICES OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SERVICES OR PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) EVEN IF ONeilOnline HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF ONeilOnline AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO ONeilOnline UNDER THIS TOS DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THE PARTIES HEREBY WAIVE ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE THEM OF AN ADEQUATE REMEDY OR CAUSE THIS TOS TO FAIL OF ITS ESSENTIAL PURPOSE.
Disclaimed WarrantiesONeilOnline exercises no control over, and accepts no responsibility for, the content of the information passing through ONeilOnline host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS TOS ARE PERFORMED ”AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. ONeilOnline DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. ONeilOnline DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. NO ADVICE OR INFORMATION GIVEN BY ONeilOnline, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE A WARRANTY.
Interruption of ServiceONeilOnline and its suppliers are not liable for any temporary delay, outages or interruptions of the Services, except as set forth in the LT Service Level Agreement. Further, ONeilOnline is not liable for any delay or failure to perform its obligations under this TOS, where the delay or failure results from any ”act of God” or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).
IndemnificationExcept to the extent attributable to the gross negligence or willful misconduct of ONeilOnline, you will indemnify, defend and hold ONeilOnline, its employees, officers, directors, partners, representatives and affiliates harmless from and against any and all loss, liability, damage and expense (including reasonable attorneys’ fees) arising out of any expense, demand, claim, suit or judgment relating to: (i) your or your customers’ violation of the Policies and Procedures; (ii) your or your customers’ use or alteration of the Services; (iii) claims that you, your customers or your services violate or have violated applicable law or the rights of a third party; and (iv) claims by users of your services.
Miscellaneous ProvisionsGoverning Law: This TOS specifically excludes from application to this TOS that law known as the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of or relating to this TOS shall be the state and federal courts in Dallas, Texas, and each party irrevocably consents to such personal jurisdiction and waives all objections thereto.
Severability and Partial Invalidity: In the event any provision of this TOS is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this TOS will remain in full force and effect. Waiver: The waiver of any breach or default of this TOS will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
Assignment: You may not sell, assign or transfer your rights or delegate your duties under this TOS either in whole or in part without the prior written consent of ONeilOnline, and any attempted assignment or delegation without such consent will be void. ONeilOnline may assign this TOS in whole or part.
Relationship of the Parties: You and ONeilOnline are independent contractors and this TOS will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and ONeilOnline.
Survival: The Sections titled “Services,” “Charges and Invoicing,” “Payment,” “Failure to Pay,” “Termination,” “Limitations,” “Disclaimed Warranty,” “Interruption of Service,” “Indemnification,” and “Miscellaneous Provisions” will survive termination or expiration of this TOS.
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