Affordable High Quality WebHosting

Terms of Service

If you have any questions about anything mentioned in this document please contact us.

Upon signing up for OGDHostings services, all customers agree to comply with OGDHostings Terms of Use. The spirit of this policy is to ensure our customers are using OGDHostings services with due regard to the rights of other Internet users and in conformity with the requirements of OGDHostings network environment.

Illegal Use
OGDHostings servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content
We are able to Host Adult Content sites, but they must abide to the follow guidelines: *All person appearing on site must be of legal age - 21 years old. *The content must be in good taste, no hardcore pornography, or any type of sexual acts deemed inappropriate. *Adult Content sites must have a "Enter or Exit" page, in which that a person of not legal age happens to stumble across your site they can simply click the "Exit" link and leave before being exposed. *All Adult Content sites require pre-approval. So please contact us: support@ogdhosting.com with the site so we can review it prior to be hosted with us.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

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) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Shared VPS Server*. OGDHosting shall be the sole arbiter of what is considered to be a high server usage level - Typically 15% of total server resources is the limit for CPU, Memory. Certain sites may use a lot of Mysql as well, in this case it will be reviewed depending on how it affects the rest of the sites on that server. *We are able to set you up on a Shared VPS in which we only host 4-5 sites on it to give more system resources per site. We are also able to supply you with a VPS of your own if you wish. Please contact us for fees and system specs.

Any web hosting account deemed to be adversely affecting server performance or network integrity will be suspended without prior notice. If this occurs you will be contacted and told of the problem a long with possible solutions.

CGI Scripts
We allow CGI/PHP Scripts as long as they do not affect our servers and are not CGI script sharing with domains not hosted by OGDHosting is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be suspended without prior notice.

Chat Rooms
OGDHosting does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, OGDHosting provides Java chat rooms that meet most users' needs and run without hindering system performance.

Cron Jobs
OGDHosting allows the use of Cron Jobs, as long as they do not affect the system.

IRC
OGDHosting does not allow IRC or IRC bots to be operated on our servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through a OGDHosting server or using an email address that is maintained on a OGDHosting machine is STRICTLY prohibited. OGDHosting will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a OGDHosting server. The promoting, distributing and/or selling of spam related materials also apply (mass mailing software, email addresses, etc). Violators will be assessed a minimum fine of $200 and will face immediate suspension. Any client website or service that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their site immediately removed from our network. The site will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the site from our network without notice to the customer. Any site guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Server Abuse
Any attempts to undermine or cause harm to a OGDHosting server or customer are strictly prohibited.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. OGDHosting web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify OGDHosting of an infringement of your copyright, the DMCA requires that you:

1. Send your notification to OGDHostings designated agent.
a. Email to support@ogdhosting.com
2. Include in your notification the following information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
b. Identification of the copyrighted work(s) claimed to have been infringed
c. Identification of the material claimed to infringe the copyright(s), and enough information for 5StarHosting to locate it
d. The Claimant's name, address, and telephone number(s)
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Payment
Depending on how you make your payment be it Monthly, 3x Monthly, 6x Monthly or Yearly, your fee is due on the same day each billing cycle. Example: On a Monthly Cycle you join on the 16th of the January your next payment is not due till the 16th of February and then the 16th of each subsequent month. If you happen to use a automatic billing subscription via PayPal, StormPay or MoneyBookers then payment is manage by them and is due every 30 days. Late Payments - We send out an email to you 24hrs prior to your fee being due so that you have time to make payment. After 24hrs if no payment is received your account will be suspended. If you then wish to get your hosting re-activated there is a $1 fee on top of your normal bill to unsuspend it.
If your account is unsuspended after being suspended your fee is still due on the same date as the original signup.
Accounts that have been suspended due to non-payment after 30 days they are deleted.

Actions Taken by OGDHosting
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. OGDHosting will be the sole arbiter as to what constitutes a violation of the Terms of Use. OGDHosting reserves the right to remove any account without prior notice.

When OGDHosting becomes aware of an alleged violation of its Terms of Use, OGDHosting will initiate an investigation. During the investigation, OGDHosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, OGDHosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, OGDHosting will notify the appropriate law enforcement authorities of such violation.

OGDHosting does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

OGDHosting customers agree to indemnify and hold harmless OGDHosting from any claims resulting from the use of our services that damages them or any other party. The OGDHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. OGDHosting expressly disclaims any representation or warranty that the OGDHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by OGDHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. OGDHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
OGDHosting reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice. You will receive an email if any changes are made to this document to the email address listed on file as your account email. So please make sure it is up to date.

If you have any questions about anything in this document please contact us.