Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
When you register, OMG Hosting may collect information such as your name, e-mail address, mailing address, and company name (if applicable).
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, OMG Hosting will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of OMG Hosting Services, or any portion thereof.
It is OMG Hosting's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the website platform Services must create a "sub" account, which will certify that the individual creating the "main" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "main" account. As the creator of the "main" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, emails, billing information, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child. You may contact support if you need help setting this up.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify OMG Hosting immediately if you notice any unauthorized access or use of your account or password or any other breach of security. OMG Hosting shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
OMG Hosting shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member, you agree that OMG Hosting may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Omghosting.net shall include any and/or all of the following:
Services may be canceled at any time by the customer, however refunds will not be provided for the remaining billing cycle. Pre Payments are non refundable.
Chargebacks will result in the accounts services in question being immediately suspended, or terminated. As well as a $100 fee will be charged. If not paid, the account in question is subject to complete termination, and debt collection agencies may be employed.
OMG Hosting offers a 48 hour refund period from the time of payment for all services unless otherwise noted in this TOS. This does not apply to renewals. Each refund request is subject to review on a case by case basis. OMG Hosting reserves the right to deny any refund requests. Refund requests outside of 48 hours are not eligible. Any “add-ons” or additonal service are considered non refundable, under any circumstance.
For Dedicated Servers:
No dedicated servers rendered by OMG Hosting are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to OMG Hosting within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by OMGHosting, and validated by our Terms of Service, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $250 in addition to original amount of funds which were reclaimed.
OMG Hosting requires a 10 day notice prior to the next billing date submitted via the client/billing area. A 10 day notice before the upcoming billing date is also required for any downgrades.
All client data on the server will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within 10 days, the server will still be canceled however a termination fee of $30 will be applied to the account and must be paid within 10 days to avoid full account suspension. OMG Hosting is not responsible for data loss on suspended servers.
DMCA Complaints/ Abuse
OMGHosting.net handles all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will investigate each, and every complaint made, aswell as any abuse complaints. OMGHosting.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The following actions will be taken depending on a case-by-case evaluation:
Either OMG Hosting or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that OMG Hosting shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
HOSTING SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) OMG HOSTING SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OMG HOSTING SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OMG HOSTING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OMG HOSTING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event you have a dispute, you agree to release OMG Hosting (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
OMG Hosting may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Collection of Information
This website collects various types of information, such as:
Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
OMG Hosting may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from OMGHosting.net. OMG Hosting may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
OMG Hosting does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
OMG Hosting may find it beneficial to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services which you requested, and as such they are thus required, in accordance with this agreement, to maintain the strictest of confidentiality with regards to all your information.
OMG Hosting may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
OMG Hosting may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to [email protected] If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Web Sites
OMG Hosting shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users' trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Acceptance of Terms
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